HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-461 C1Recorded at the request of: .
C6ntra Costa County
Return to:
Contra Costa County
Public Works Dept
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: C. Pifia-Sandoval
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 21, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UIUMAA, GERBER, DE SAULNIER AND CANCIAMIUA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 991-461
Resolution of Termination of Offer of Dedication
(S. & H. Code § 8330 et. Seq.)
SUBJECT: Termination of a Portion of Offer of Dedication of a Drainage
Easement on Briarwood Way, Lot 22 of Subdivision 2802 In
the Walnut Creek Area, W. O. 1854,
CDD-CP#99-55
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Termination of a portion of an Offer of Dedication on lot 22 of Subdivision 2802 of
a certain drainage easement not required for drainage 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 8330, et. seq. A description of the offered area
to be terminated is attached hereto as Exhibit "A" and Incorporated herein by map
reference as Exhibit "B."
This termination of a portion of an Offer of Dedication on lot 22 of Subdivision 2802 is
based on the fact that the drainage easement, street or highway has been superseded by a
relocation. (S. & H. Code Section 8330).
GAGrpData\RealProp\1999-fllesr99.81v45Brlarwood.doc 1 hereby certify that this is a true and correct
Orig. Dept.: Public Works(R/P) copy of an action taken and entered on the
Contact Camen Pina-Sandoval•-(313-2306) minutes of the Board of supervisors on the
date shown.
cc: See Page 2 ATTESTED: September 21, 199
PHIL BATCHELOR,Clerk of the Board of
Supervisors and County Administrator
By , Deputy
RESOLUTION NO. 991 461
Termination of a Portion of Offer of Dedication of a Drainage Easement on Briarwood Way.
September 21, 1999
Page 2
Considering all facts before it, this Board FINDS there is no reasonable probability that
the County will accept the drainage easement into the County drainage system, that no public
money has been expended for maintenance of the offered drainage easement, and that it is in
the best interest of the County and the public that the offered area 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 exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the
CEQA Guidelines, and DIRECTS the Director of Community Development 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 for filing and a $25.00 fee to Community
Development for processing of the Notice of Exemption. This Board having considered the
general plan, FINDS that in accordance with its Resolution No. 81/522, this termination is minor
in nature and is therefore exempt from general plan conformance review.
This Board hereby TERMINATES the hereinabove described portion of the 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, this portion of the offer of dedication
is terminated and the County's right to accept offer is abandoned.
cc: Public Works
Accounting(via R/P)
Maint. (via R/P)
Records (via R/P)
Road Engineering(via RIP)
Design (via R/P)
Flood Control(via R/P)
County Counsel
Community Development
Recorder(via R/P)
EBMUD, Land Management Div.
Thomas Brothers Maps
Pacific Cas and Electric
Attn: Land Department
Pacific Bell
2600 Camino Ramon, Rm: 3N8501, San Ramon, CA 94583
Contra Costa Water District
Stege Sanitary District
Diablo Water District
West Contra Costa Sanitary District
Walnut Creek School District
Applicant: DeNova Homes, Inc.
1849 Clayton Road
Concord, CA 94520-2513
RESOLUTION NO. 99 461
TERMINA77ON OF OFFER OFDEMCATTON
FOR DRAINAGEEASEMENT
EMBIT"A"
ALL THAT REAL PROPER 77SITTIATED IN TIME COUNTY OF CONTRA COSTA,IN THE
UNINCORPORATED AREA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
A PORTION OF TUE RANCHO LAS JUNTAS,DESCRIBED AS FOLLOWS.
BEING A PORTION OF LOT 22,AS SAID LOTISSHO WN ONTUE MAP OFSUBDMSION
2802,RB'CORDED OCOTBER 13,1961,IN MAP BOOL'84 PAGE 35,CONTRA COSTA COUNTY
"ORDS,PUR771ER DESCRIBED AS FOLLOWS;
BEGINNING AT THE NOR THERM MOST CORNER OF LOT 22(84M35) THI NCE FROM SAM
POINT OFBEGRVAWVGALONG THE BOUNDARY LINE OFSAID LOT 22(84 M3S)SOUTH
14*04"47"WEST,44.88 FEET;T RENCE SOU771 63°33'13"EAST,8&02 FEET;THMYCE
SOUYN 4803'42"WEST,93.48 FEET;77MVCE LE4 P7NG T RE BOUNDARYLJNE OF SAM
LOT 22(84 M33)NORTH'56°07'00"WEST,96.77 FEET;T MENCENORTH 18638°00"WEST,
33.00 FEET Tit)7HENORTHWEST LINE OF SAM LOT 22(94 M33);THENCEALONG SAID
NOR YNWESTLAE NOR M 370S3`42"EAST, 79 83 FEET Tip THE PONT OFBEGINNINNG.
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LOT 21
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: 0676-6Q1854 CP NO.: 99-55
ACTIVITY NAME: Termination of Offer of Dedication—Briarwood Way, Sub. 2802-Lot 22
DATE: July 29, 1999
f 4
PREPARED BY: Trina Torres
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 6, Section 16061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRI_P1I0N OF T E ACTIVITY:
The activity consists of the termination of a portion of an offer of dedication on lot 22 of
Subdivision 2802 (8,681 W). De Nova Homes purchased Lot 22 from a private property
owner. A portion of Lot 22 consists of an abandoned dry creek bed. The creek bed was
at one time Walnut Creek and was subsequently replaced by a concrete channel. The
Contra Costa County Flood Control and Water Conservation District no longer needs the
drainage easement on Lot 22 and is willing to terminate this portion of the offer of
dedication. Therefore, De Nova Homes has requested a termination of a portion of the
offer of dedication.
LOCATION:
The subject property is located on Briarwood Way, Lot 22 in Subdivision 2802 in the central
county area near the City of Pie ant Hill. (Figures 1 —4).
do
_J7 REVIEWED BY: ATE: 7
Cece Seligren
Environmental Planner
""Y
APPROVED BY• J11DATE:
ommunity OW6750ment Representative
G:lGrpDZIEnosvclEMni2o19�pro is CEOAony\
Debrtninstlon•Ex`rnptiBrianerood W�ry.doe
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa.County Community Development Department
651 Pine Street,4th Floor•North Wing,McBrien Administration Building
Martinez,CA 94553-0095
Telephone: (925) 313-2295 Contact Person: Cece Selloren - Public Works Dept.
Project Description, Common Name (if any) and Location: 'Termination of Offer of Dedication
Briarwood Way, Sub. 2502-Lot 22 County File #: CP 99-55. Project Description: The activity consists
of the termination of a portion of an offer of dedication on lot 22 of Subdivision 2802 (8,681 fe). De Nova
Homes purchased Lot 22 from a private property owner. A portion of Lot 22 consists of an abandoned
dry creek bed. The creek bed was at one time Walnut Creek and was subsequently replaced by a
concrete channel. The Contra Costa County Flood Control and Water Conservation District no longer
needs the drainage easement on Lot 22 and is willing to terminate this portion of the offer of dedication.
Therefore, De Nova Homes has requested a termination of a portion of the offer of dedication. Project
location: The subject property is located on Briarwood Way, Lot 22 In Subdivision 2802 in the central
county area near the City of Pleasant Hill.
This project is exempt from CEQA as a:
— Ministerial Project(Sec. 15268) Otter Statutory Exemption, Section
Declared Emergency (Sec. 15269(a)) General Rule of Applicability (Section 15061(b)(3)
— Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption,
far the fallowing reason(:): It can be seen with certainty that there is no possibility that the activity may have
a significant adverse effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on i received and posted this notes as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Agn:, Trina Torres County Cleric Fee$50 Due
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