HomeMy WebLinkAboutMINUTES - 08211984 - T.6 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Re: Vacation of a portion ) RESOLUTION NO. 84/502
of Bryant Way, Orinda Area, )
No. 1911 . ) Order Vacating a Street
(S.&H.C. S8324)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Clerk of this Board received a request to vacate the por-
tion of the street commonly known as Bryant Way more particularly
described in the amended application for vacation dated August 17,
1984. This Board has decided to grant the request to vacate said
portion of Bryant Way on the basis of the following findings :
A. Past Proceedings_& CEQA_
1 . Pursuant to the Relinquishment of State Highway recorded
June 4, 1958 in Book 3172 at page 419 of the Official Records of
Contra Costa County, the County obtained a fee interest in that
street known as Bryant Way. :
2. The Board has previously received a request 'to vacate the
public right to use all of Western Bryant Way .
3. On May 15, 1984, the Board adopted a Resolution of
Intention to vacate Western Bryant Way in conformity with the
requirements of the California Streets and Highways Code
(Resolution No. 84/295) .
4._. On August 171, 1984 the applicant submitted an amended
application seeking vacation of only a small portion of Western
Bryant Way containing approximately 1,400 square feet of real pro-
F perty, and more particularily described in Exhibit "A" attached
hereto and incorporated herein by this reference.
5. Pursuant to all requirements imposed by the California
Streets .and Highways Code, said Resolution and notices 'of the
date, hour and place of hearings to be held regarding the vacation
of said portion of Bryant Way have been duly and regularly posted
in the manner. required by law. On June 26, 1984, and continuing
on July 129 1984; July 249 1984 and August 21 , 1984, the Board
hel.d. a duly and regularly noticed hearing on proposed vacation of
said portion of Bryant Way at which the Board heard and received
'F all oral and written testimony offered by its staff and by all per-
sons desiring to present evidence. At the August 21st hearing no
testimony or evidence was offered in opposition to the proposed
ter
vacation of the said small portion of Bryant Way or the adequacy
of the involved Environmental Impact Report for that action.
6. The Board 's decision to vacate said portion of Bryant .Way
has been made separately and without reference to any project ,
plan or . application before the Board, including Development Plan
3055-82. The sole common element between the decision to vacate a..
portion of Bryant Way and Development Plan 3055-82 is the
Environmental Impact Report prepared for said development plan
which includes an analysis of the effect of vacation of Bryant
Way. The Orinda Area Planning Commission for Contra Costa County,
California adopted Findings Relative to Approval of Development
Plan, Variances , and Final Environmental Impact Report for the
Crossroads , Orinda, on May 14, 1984 ( the "Comnission' s Findings")
in which numerous findings relating to the effect of the vacation
of Bryant Way on traffic, circulation and other matters were made.
After reviwing the Commission ' s Findings and the evidence upon
which they were based, and upon thoroughly reviewing the evidence
presented to this body, the Board has determined that the
Commission ' s Findings relative to the vacation of Bryant Way were
fully supported by the evidence and hereby adopts-the Commission' s
Findings as they apply. to the portion of Bryant Way being vacated,
In full as the Board ' s own for purposes of the California
Environmental Qaulity Act and County ordinances and-.regulations
applicable to environmental review applicable to vacation of
Bryant Way.
B. Usefulness_of said Portion_of_Bryant Way.
Based upon the findings of the Board hereinafter set forth in
Parts C. , D. , E. , and F. , the Board has determined that said por-
tion of Bryant Way is unnecessary for any present or prospective
. public use and is neither necessary nor convenient for present or
future traffic or circulation purposes in the vicinity of the area
to be vacated or elsewhere in Contra Costa County, does not in any
way detract from the ability to utilize the remainder of Bryant
Way as a public way and is not useful as a non-motorized transpor-
tation facility.
,F C. Effect of Vacation On Traffic and Circulation.
1 . Bryant Way consists of a frontage road running parallel to
Highway 24 and perpendicular to Camino Pablo which terminates in a
cul-de-sac north of Camino Pablo. Beginning at . the southern end
of Bryant Way there is a pedestrian walkway which connects with
the sidewalk along Camino Pablo. Due to its dead-end nature,
Bryant Way does not appreciably contribute to the orderly flow of
traffic in the area and for this reason it was not included in the
circulation element of the General Plan.
2. Said portion of Bryant Way consists of a minor portion of
the street containing approximately 19400 square feet of real pro
perty. The effect of its vacation will be simply to reallign the
curb line. The vacation of said portion of Bryant Way will have
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RESOLUTION NO. 84/502
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no effect on traffic/circulation in the area and, therefore, said
portion of Bryant Way is not necessary or convenient for current
public use.
3. The Board has reviewed several proposals for the use of
the remainder of Bryant Way including its extension to Camino
Pablo as a two-way street ; its extension in conjunction with the
conversion of Brookwood Road to one-way traffic and its connection
with Camino Pablo to provide a one-way eastbound on-ramp to Hihway
24. Without making any determination as to the feasibility or
desirability of any of such proposals , the Board finds that the
vacation of said portion of Bryant Way in no way limits , hinders
or restricts implementation of said proposals and further finds
that said portion of Bryant Way is neither necessary nor con-
venient for any foreseeable future traffic or circulation purposes
in the vicinity.
4. Since the vacation of said portion of Bryant Way would not
affect the pedestrian access to Moraga Way, traffic or circulation
and because Bryant Way is not necessary or convenient for present
traffic/circulation patterns and will not be necessary or con-
venient in the future to the alleviation of the
traffic/circulation congestion in the vicinity, the. .Board finds
that the vacation of said portion of Bryant Way is consistent with
the General Plan, as more particularly found by the Commission in
its Resolution re Abandonment of Bryant Way (PW83-33-VACATION No.
1911) , adopted May 14, 1984.
. 5. Said portion of Bryant Way is not necessary or convenient
for access to any adjacent private lands .
D. Access To Utilities .
The Board finds that as a result of the other available means
of access , the vacation of said portion of Bryant Way will not
cause inaccessibility to any of the public improvements in the
vicinity, including the central sewer system. Additionally, the
Board finds that since it appears said portion of Bryant Way will
revert to the East Bay Municipal Utility District upon its vaca-
tion, the County can expect to continue to have access to such
Improvements until such time as the area occupied by said portion
of Bryant Way is developed, if ever . The Board further finds that
approval of any subsequent use of said portion of Bryant Way
should be expressly conditioned upon the relocation of any utility
lines located therein.
For the reasons stated above, the .Board finds that the vaca-
tion of said portion of Bryant Way will not detrimentally affect
the County' s access to public improvements in the vieintiy.
E. Parking. This Board finds that the vacation of said portion
of Bryant Way will not cause the loss of any public parking spaces
on Bryant Way, and further finds said vacation will not have a
significant effect upon the parking situation in the vicinity.
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RESOLUTION NO. 84/502
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F. Scenic_Highway Considerations_
Bryant Way is within the scenic corridor along Highway 24 in
the Orinda area. As such, this Board is charged with undertaking
such actions as are necessary to protect the scenic appearance of
the area. These duties include the regulation of land use and
intensity of development ; detailed land and site planning; control
of outdoor advertising; and control over the design and appearance
of structures , improvements and e.quipment in the area. The vaca-
tion of said portion of Bryant Way will not affect the scenic
nature of the land adjacent to Highway 24 since such vacation will
leave this area unchanged. In the event that future development
occurs on the area adjacent to Bryant Way, any and all restric-
tions and limitations necessary to preserve the scenic corridor
along Highway 24, including architectural and site design review,
landscaping, height limitations , and land use restrictions
including the preservation of open space, as permitted by the
General Plan, will be imposed.
G. Miscellaneous .
1 . This Board hereby declares that the aforementioned portion
of Bryant Way (described in attached Exhibit "A" ) is vacated.
2 . The Clerk of this Board shall record a certified copy of
this resolution in the Office of the Contra Costa County Recorder .
3. The Public Works Director shall file with the County Clerk
a Notice of Determination concerning this vacation.
PASSED and ADOPTED on August 21 , 19849 by the following vote:
AYES: McPeak, Schroder , Torlakson
f
NOES : F ah d e n I hereby certify that this Is a true and correct copy of
f an action taken and entered on the minutes of the
ABSENT: Powers Board of Supervisors on the date shown.
}
VJW:df ATTESTED: 9 8•/
cc: Public Works Department J.R. OLSSON, COUNTY CLERK
Transportation Planning and ex officio Clerk of the Board
Land Development
Maintenance
Planning Department ey Deputy
Central Contra Costa Sanitary Dist .
East Bay Municipal Utility Dist:..
Pacific Gas & Electric Co. , Land Dept_ .
Pacific Telephone &. Telegraph, Right of Way
Applicant : Crossroads Associzates
1398 Morage Way
Moraga, CA 94556
Recorder (2)
Assessor
County Counsel
Thomas Bros . Maps
00306
EXHIBIT "A"
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATC
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCEL 3 AS SAID PARCEL 3 IS DESCRIBED IN THAT
CERTAIN RELINQUISHMENT OF STATE HIGHWAY IN THE COUNTY OF CONTRA COSTA,
ROAD IV-C.0-75-A (A PORTION OF THAT CERTAIN FRONTAGE ROAD KNOWN AS
BRYANT WAY) FILED FOR RECORD JUNE 4 , 1958 , IN THE OFFICE (OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY IN BOOK 3172 OF OFFICIAL RECORDS AT
PAGE 419, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF MORAGA WAY AT TIIE
MOST EASTERN CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN TIIAT
CERTAIN DEED FILED FOR RECORD JULY 25, 1978 , IN SAID OFFICE OF VIE
COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 8938 OF OFFICIAL RECORDS
AT PAGE 316, SAID PbINT BEING ALSO THE MOST NORTHERN CORNER OF I'OT
7 AS SAID LOT 7 IS SHOWN AND SO DESIGNATED ON THE "MAP OF MORAGA JUNCTION
BUSINESS PROPERTY" FILED FOR RECORD DECEMBER 30, 1940, IN SAID OFFICE
OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 24 OF BAPS AT
PAGE 792 ; THENCE, FROM SAID POINT OF BEGINNING, NORTHWESTERLY ALUIvG
THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERN LINE OF SAID LOT 7
NORTH 61" 12 ' 00" WEST 78.60 FEET; THENCE,. WESTERLY ALONG THE ARC OF
A TANGENT 30. 00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 400 05 ' 32" AN ARC DISTANCE OF 20 .99 FEET TO A POINT WHICH BEARS
NORTH 30" 31 ' 14" EAST FROM THE SOUTHWESTERN TERMINUS • OF THE COURSE
DESCRIBED AS A 75. 00 FOOT RADIUS CURVE RAVING AN ARC DISTANCE OF 114 . 69
FEET IN THE ABOVE NAMED DEED ( 8938 O.R. 316 ) ; THENCE, SOUTH 300 31 '
14" WEST 71 . 78 FEET TO SAID SOUTHWESTERN TERMINUS OF SAID 75.00 FOOT
RADIUS CURVE; THENCE, NORTHERLY AND EASTERLY ALONG THE EXTERIOR BOUNDARY
OF SAID CERTAIN PARCEL OF LAND ( 8938 O.R. 316 ) THE FOLLOWING TWO ( 2 )
COURSES: 1 ) ALONG THE ARC OF SAID 75 . 00 FOOT RADIUS CURVE TO THE RIGHT,
THE CENTER OF WHICH BEARS SOUTH 600 16 ' 45" EAST, THROUGH A CENTRAL
ANGLE OF 870 37 ' 15" ;AN ARC DISTANCE OF 114 .69 FEET, AND 2). ALONG TIIC
ARC OF A NON-TANGENTt75.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER
OF WHICH BEARS SOUTH 070 42 ' 30" WEST, THROUGH CENTRbL ANGLE OF 21 °
F 05 ' 30" AN ARC DISTANCE OF 27.61 FEET TO THE POINT OF BEGINNING AND
CONTAINING 1481.5 SQUARE FEET OF LAND MORE OR LESS.
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