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HomeMy WebLinkAboutRESOLUTIONS - 10251994 - 94-518 3 Recorded at the reque,*f: Contra Costa County Return to: Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 ,E Attention: Lucy Owens THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT. None ABSTAIN: None RESOLUTION NO. 94/-118 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUBJECT: Termination of Offer of Dedication of a Trail Easement on a portion of Lot 94 of Subdivision 7365, W. O. 1837, Oakley Area. The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of an Offer of Dedication of a certain excess right of way not required for trail purposes, is made pursuant to Government Code Section 66477.2(c) and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8333. This termination request is for an Offer of Dedication of a trail easement located in the Oakley area. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (S. & H. Code Section 8333). Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered public service easement, and RESOLUTION NO. 94/ 518 that it is in the best infRests of the County and the pubOthat the offered area, � 2 be privately owned and maintained. This Board hereby FINDS that the proposed termination will not have a significant effect on the environment, and that it has been determined to be exemptfrom the California Environmental QualityAct under State CEQA guidelines Section 15061 (b)(3). This Board DIRECTS the Director of Community Develop- ment to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk. This Board hereby TERMINATES the hereinabove described offer of dedication and ABANDONS the right of the County to accept said offer. The Board is not aware of any existing in place utilities in the subject area. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. From and after the date this resolution is recorded, the offer of dedication is terminated and the County's right to accept offer is abandoned. Orig. Dept: Public Works (R/P) cc: Public Works M a i n t (via R/P) ==and oertiy that this is a true and correct copy of Records (via R/P) an action taken and entered on the minutesof the Road Projects (via R/P) �STED Vrr 'rI t A County Counsel PHIL BATCHELOR,Clerk of the Board Community Development Of Supervisors and County Administrator Recorder (via R/P) By EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Buck Keith, 401 Lennon Ln., Walnut Creek, CA 94598 Ironhouse Sanitation District Oakley Water District Oakley Union School District Applicant: Bellecci & Associates Attn.: L. Gossett 2290 Diamond Blvd., Suite 100 Concord, CA 94520 LO C:V45 bay,T 10 October 6, 1994 EXHIBIT A LEGAL DESCRIPTION All that real property situate in the County of Contra Costa, State of California, described as follows: A portion of Lot 94 of Subdivision 7365, "California Sunrise", filed November 25, 1991 in Book 359 of Maps at Page 11, Contra Costa County Records described as follows: That portion of said Lot 94 designated on said map (359 M 11) as "Trail Easement". EXE .,l/�!� OF CALIF !9072-I.WL 05/04/94