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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of Dedication on lot 22 of Subdivision 2802 is based on the fact that the drainage easement, street or highway has been superseded by a relocation.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. 4ROFE55�`pt,�� NO,26630 � Expj 3t rq� CtVtt O"CaLif Mh1IBIT " elMW1NG SCALE 1" 30' P.O.EI. t t w ` z N 4 rh !n 4 rr, 0SUBDIVISICIV 2802 i v 84Ili' 35 LCT 22 �oyrjFESS NO'2663 � �tz EX *5 fit-s�+ r, �Ylt 7 M CfVIIIL R=275.002' OF CAL* t-20.48' N.34` 7'39"W 139.9!7' J�' 1 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 O:1GrpaatalEngSvc\ENVIRO%gpmjects\CEQAoniyl NOMBriarwood Way.doc C7 10 ff-190=001 CD uj 0 _? Z uj CD —j Lai ...•-- Ck- L) s Y UUJ �- • `•�• UJ UJ LO F" C co 6 4.L! LLJLIJO ; 00 V)-per,., '' AL v w ; h POP " � � ��• .['i "'".a�lP,.i��'iC�4 r..'.t+a1�t�"».���/,y,.s+ft.a�+Od►J .�}S ^ " T{t�t "-M�� �'� 'ry�:j�'.,{.�i►y,..f�kt S„v { ++ry,tJ'4,�� `,►'. 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