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HomeMy WebLinkAbout052025-06.9 ADMINISTRATIVE STAFF REPORT 6.9 TO: Mayor and Town Council May 20, 2025 SUBJECT: Resolution No. 31-2025, approving the vacation of excess rights-of-way at Maiden Lane, Mariposa Court and Pulido Road BACKGROUND During the development of some of the Town’s neighborhoods, prior to incorporation, it was envisioned that these larger subdivisions would be built in phases. At the terminus of some of the streets, the subdivision map anticipated cul-de-sacs which were never constructed. This left excess rights-of-way encumbering the front yards of these parcels. Streets and Highway Code Section 8334 authorizes summary vacation (an abbreviated abandonment process) of excess rights-of-way that are not required for street or highway purposes. DISCUSSION The effect of this summary vacation of excess street rights-of-way is that the public will no longer have the right to use these areas for a public street and that the owners of the underlying fee title will have clear title to those portions of their landscaped front yards. The public and all utility companies will retain utility easement rights. No physical improvements are required to vacate the excess cul-de-sac rights-of-way. The recommended action is a technical requirement of the State of California Streets and Highway Code, which sets forth specific procedures that must be accomplished in order to legally validate this action. Upon adoption of the resolution by the Town Council, the City Clerk will record the resolution thereby finalizing this action. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public along with the fronting property owners. Vacation of Excess Rights-Of-Way 2 May 20, 2025 FISCAL IMPACT None. All improvements were installed at the time of incorporation. RECOMMENDATION Adopt Resolution No. 31-2025, approving the vacation of excess rights-of-way at Maiden Lane, Mariposa Court and Pulido Road. Prepared by: Fred Korbmacher Development Services Coordinator Reviewed by: Diane J. Friedmann Development Services Director Attachment: Resolution No 31-2025 Exhibit 1 - Vacation of Rights-of-Way RESOLUTION NO. 31-2025 APPROVING THE VACATION OF EXCESS RIGHTS-OF-WAY AT MAIDEN LANE, MARIPOSA COURT AND PULIDO ROAD WHEREAS, the Street and Highways Code, Division 9 Part 3, Chapter 4, Article 1, Subsection 8334 (a) permits summary vacation of excess street rights-of-way; and WHEREAS, the Streets and Highway Code, Division 9 Part 3, Chapter 5, Article 1, Subsection 8340 (c) provides for the Town to retain all utility easements within the excess street rights-of-way necessary to maintain existing facilities; and WHEREAS, rights-of-way dedications from subdivisions approved prior to incorporation of the Town, result in excess rights-of-way on Maiden Lane, Mariposa Court and Pulido Road; now, therefore, be it RESOLVED, by the Danville Town Council, that the following findings are made: The summary vacation is made per Division 9, Part 3, Chapter 4, section 8334 of the California Street and Highway Code. The excess rights-of-way on Maiden Lane, Mariposa Court and Pulido Road are described in the attached legal descriptions. The excess rights-of-way are no longer needed due to the existing constructed conditions. The excess rights-of-way on Maiden Lane, Mariposa Court and Pulido Road are no longer required for street or highway purposes. That from and after the date this resolution is recorded, the streets vacated no longer constitute a street, highway, or public service easement. and, be it further, RESOLVED, that the City Clerk is hereby approved, and the Town staff is hereby authorized and directed, to record a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the office of the recorder of Contra Costa County. Docusign Envelope ID: A8A330E0-A845-41D4-AF96-C727D8103C55 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 31-2025 APPROVED by the Danville Town Council at a regular meeting on May 20, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: _____________________________ ________________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: A8A330E0-A845-41D4-AF96-C727D8103C55 For Recorders Use Recorded at request of: Town of Danville When recorded, mail to: Town of Danville City Clerk 500 La Gonda Way Danville, CA 94526 Mail tax statements to: Town of Danville Administrative Services 500 La Gonda Way Danville, CA 94526 DOCUMENTARY TRANSFER TAX $__________________________________ ...Computed on the consideration or value of property conveyed: OR ...Computed on the consideration or value less liens or encumbrances remaining at time of sale. ___________________________________________________________________ Signature of Declarant or Agent determining tax--Firm Name RESOLUTION NO. 31-2025 VACATION OF EXCESS RIGHTS OF WAY ON MARIPOSA COURT, MAIDEN LANE AND PULIDO ROAD ______________________________________________ _____ Date: _____________ Signature Steven Jones City Engineer for the Town of Danville NOTARIZATION ATTACHED HERETO EXHIBIT 1 Mariposa Court 1 EXHIBIT ‘A’ LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONE BEING A PORTION OF MAIDEN LANE RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT ONE FILED ON NOVEMBER 15, 1949 IN BOOK 38 OF MAPS AT PAGE 28 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY AT THE MOST NORTHERLY CORNER OF LOT 22 OF SAID MAP (38 M 28) THENCE NORTH 62°01'40" EAST, 30.51 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 62°01'40" EAST 150.00 FEET, THROUGH A CENTRAL ANGLE OF 15°38'21", AND AN ARC LENGTH OF 40.94 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 87°17'21", AND AN ARC LENGTH OF 30.47 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID MAP (38 M 28); THENCE ALONG SAID BOUNDARY LINE SOUTH 43°40'40" WEST, 18.44 FEET; THENCE, LEAVING SAID BOUNDARY LINE AND ALONG SAID WESTERLY RIGHT OF WAY ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 46°19'20" EAST 20.00 FEET, THROUGH A CENTRAL ANGLE OF 115°22'40", AND AN ARC LENGTH OF 40.27 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 47°27'00", AND AN ARC LENGTH OF 41.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1,532 SQUARE FEET OF LAND, MORE OR LESS. 2 PARCEL TWO BEING A PORTION OF MAIDEN LANE RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT ONE FILED ON NOVEMBER 15, 1949 IN BOOK 38 OF MAPS AT PAGE 28 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY AT THE MOST SOUTHEASTERLY CORNER OF LOT 21 OF SAID MAP (38 M 28) THENCE NORTH 62°01'40" EAST, 30.51 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 62°01'40" EAST 150.00 FEET, THROUGH A CENTRAL ANGLE OF 19°05'35", AND AN ARC LENGTH OF 49.99 FEET; THENCE, ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 425.00 FEET, THROUGH A CENTRAL ANGLE OF 02°07'45", AND AN ARC LENGTH OF 15.79 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE, ALONG SAID WESTERLY RIGHT OF WAY LINE ALONG A NON TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 83°15'00" WEST 50.00 FEET, THROUGH A CENTRAL ANGLE OF 37°14'50", AND AN ARC LENGTH OF 32.50 FEET; THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 54°44'50", AND AN ARC LENGTH OF 47.78 FEET TO THE POINT OF BEGINNING. CONTAINING 1,062 SQUARE FEET OF LAND, MORE OR LESS. PARCEL THREE BEING A PORTION OF MAIDEN LANE RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT ONE FILED ON NOVEMBER 15, 1949 IN BOOK 38 OF MAPS AT PAGE 28 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 23 OF SAID MAP (38 M 28) AND ALONG THE SOUTHERLY LINE OF SAID LOT SOUTH 43°40'40" EAST, 123.75 FEET TO THE POINT OF BEGINNING; 3 THENCE ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 43°40'40" WEST, 17.84 FEET; THENCE, ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 95°45'54", AND AN ARC LENGTH OF 33.43 FEET; THENCE, ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 31°40'54", AND AN ARC LENGTH OF 55.30 FEET; THENCE, ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 03°57'02", AND AN ARC LENGTH OF 25.86 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MAIDEN LANE AS SAID RIGHT OF WAY IS SHOWN ON SAID MAP (38 M 28); THENCE, ALONG SAID EASTERLY RIGHT OF WAY LINE ALONG A NON- TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 85°04' 30" WEST 50.00 FEET, THROUGH A CENTRAL ANGLE OF 46°56'50", AND AN ARC LENGTH OF 40.97 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 30°55'40", AND AN ARC LENGTH OF 26.99 FEET; THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 115°22'40", AND AN ARC LENGTH OF 40.27 FEET TO THE POINT OF BEGINNING. CONTAINING 1,232 SQUARE FEET OF LAND, MORE OR LESS. EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION B E L G I A N D R I V E CLY D E S D A L E D R I V E EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION Maiden Lane 1 EXHIBIT ‘A’ LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONE BEING A PORTION OF MARIPOSA COURT RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF DANVILLE ESTATES FILED ON OCTOBER 17, 1946 IN BOOK 31 OF MAPS AT PAGE 22 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 129 OF SAID MAP (31 M 22) THENCE ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY NORTH 08°04'00" WEST, 5.70 FEET TO THE POINT OF BEGINNING; THENCE, LEAVING SAID WESTERLY LINE ALONG A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 30°36'56" EAST 40.00 FEET, THROUGH A CENTRAL ANGLE OF 92°43'39", AND AN ARC LENGTH OF 64.74 FEET; THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 41°24'35", AND AN ARC LENGTH OF 14.45 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 08°04'00" EAST, 70.91 FEET TO THE POINT OF BEGINNING. CONTAINING 661 SQUARE FEET OF LAND, MORE OR LESS. PARCEL TWO BEING A PORTION OF MARIPOSA COURT RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF DANVILLE ESTATES FILED ON OCTOBER 17, 1946 IN BOOK 31 OF MAPS AT PAGE 22 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 130 OF SAID MAP (31 M 22) THENCE ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY NORTH 08°04'00" WEST, 12.60 FEET TO THE POINT OF BEGINNING; 2 THENCE LEAVING SAID EASTERLY LINE NORTH 08°04'00" WEST, 70.91 FEET TO A POINT ON SAID EASTERLY LINE; THENCE, ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 81°56'00" EAST 20.00 FEET, THROUGH A CENTRAL ANGLE OF 41°24'35", AND AN ARC LENGTH OF 14.45 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 92°43'39", AND AN ARC LENGTH OF 64.74 FEET TO THE POINT OF BEGINNING. CONTAINING 661 SQUARE FEET OF LAND, MORE OR LESS. EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION MA R I P O S A C O U R T Pulido Road 1 EXHIBIT ‘A’ LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONE BEING A PORTION OF PULIDO ROAD RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT 3 FILED ON APRIL 19, 1950 IN BOOK 40 OF MAPS AT PAGE 4 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY AT THE MOST NORTHEASTERLY CORNER OF LOT 93 OF SAID MAP (40 M 4) THENCE SOUTH 52°45'00" EAST, 15.00 FEET; THENCE SOUTH 37°15'00" WEST, 46.64 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE, ALONG SAID RIGHT OF WAY LINE ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 52°45'00" WEST 40.00 FEET THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET TO THE POINT OF BEGINNING. CONTAINING 350 SQUARE FEET OF LAND, MORE OR LESS. PARCEL TWO BEING A PORTION OF PULIDO ROAD RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT 3 FILED ON APRIL 19, 1950 IN BOOK 40 OF MAPS AT PAGE 4 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY AT THE MOST SOUTHEASTERLY CORNER OF LOT 94 OF SAID MAP (40 M 4) THENCE SOUTH 52°45'00" EAST, 15.00 FEET; 2 THENCE NORTH 37°15'00" EAST, 46.64 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE, ALONG SAID RIGHT OF WAY LINE ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 52°45'00" WEST 40.00 FEET THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET; THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET TO THE POINT OF BEGINNING. CONTAINING 350 SQUARE FEET OF LAND, MORE OR LESS. PARCEL THREE BEING A PORTION OF PULIDO ROAD RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT 3 FILED ON APRIL 19, 1950 IN BOOK 40 OF MAPS AT PAGE 4 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY AT THE MOST SOUTHWESTERLY CORNER OF LOT 95 OF SAID MAP (40 M 4) THENCE NORTH 52°45'00" WEST, 15.00 FEET; THENCE NORTH 37°15'00" EAST, 46.64 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE; THENCE, ALONG SAID RIGHT OF WAY LINE ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 52°45'00" EAST 40.00 FEET THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET; THENCE, ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET TO THE POINT OF BEGINNING. CONTAINING 350 SQUARE FEET OF LAND, MORE OR LESS. PARCEL FOUR BEING A PORTION OF PULIDO ROAD RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF CAMEO ACRES UNIT 3 FILED ON APRIL 19, 3 1950 IN BOOK 40 OF MAPS AT PAGE 4 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY AT THE MOST NORTHWESTERLY CORNER OF LOT 96 OF SAID MAP (40 M 4) THENCE NORTH 52°45'00" WEST, 15.00 FEET; THENCE SOUTH 37°15'00" WEST, 46.64 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE; THENCE, ALONG SAID RIGHT OF WAY LINE ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 52°45'00" EAST 40.00 FEET THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET; THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'30", AND AN ARC LENGTH OF 24.89 FEET TO THE POINT OF BEGINNING. CONTAINING 350 SQUARE FEET OF LAND, MORE OR LESS. EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION STREET RIGHT OF WAY VACATION PU L I D O R O A D