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HomeMy WebLinkAboutMINUTES - 08181987 - 1.1 (2) Recorded at the request of: Contra Costa County Return to: Public Works Department Real Property 'Division 255 Glacier Drive Martinez CA 94553 Attention: Samantha Markert THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 18, 1987 by the following vote: AYES: Supervisors Powers , Panden, Schroder, Torlakson & McPeak NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 87/ 492 Resolution of Termination of Offer of Dedication (S. & H. Code Section 8335) SUBJECT: Termination of Offer of Dedication of Minor Subdivision 84-85, Storm Drain Easement, No. V1999, W. O. 1753, San Ramon 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 a storm drain, 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. The termination request is for a portion of an area offered for dedication for a storm drain easement located in San Ramon. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference. This termination is for a portion of an offer of dedication for a storm drain easement which has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the date of this action. (S. & H. Code Section 8333) . Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the public service easement into the County drainage system or for mainten- ance, that no public money has been expended for maintenance of the offered public service easement, and that it is in the best interests of the County and the public that the offered area be privately owned and maintained. RESOLUTION NO. 87/492 This Board hereby FINDS that there is no substantial evidence that the proposed termination will have a significant effect on the environment, and that this Board has reviewed and considered the Initial Study and Negative_ Declarationtogether with any comments received during the public review process (all on file with this Board) , and this Board approves said Negative Declara- tion's adequacy for California Environmental Quality Act purposes. The Public Works Director is ORDERED to file a Notice of Determination with the County Clerk. The Planning Commission having filed its general plan report concerning this proposed termination and this Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that it has received the Planning Commission's report. 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 the offer is abandoned. U hereby certify that this is a tree And correct copy of an action taken and enured on the s butes of the Board of Supervisors on the date shown, ATTESTED: 3z , PHIL BATCHEL011, Clzrft of Ulm Board of Supervisors and Courtly Administrator By J , Deputy Orig. Dept. : Public Works (R/P) cc: Public Works Maint. (via R/P) Records (via R/P) Road Projects (via R/P) County Counsel Community Development Recorder (via R/P) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Right of Way Supr. Contra Costa Water District . Stege Sanitary District Oakley County Water District West Contra Costa Sanitary District Walnut Creek School District Applicant: Pacific Rim Development Corp. c/o Majors Engineering 100 Park Place, Suite 220 San Ramon, CA 94583-1760 SBJM:rs bo:v4518 .t8 RESOLUTION NO. 87/ 492 EXHIBIT "A" PORTIONS OF PARCEL 2B-2, AS DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY, RECORDED IN BOOK 7524, AT PAGE 564, OFFICIAL RECORDS OF CONTRA COSTA COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT DISTANT SOUTH 40016 ' 48" EAST, 18.48 FEET FROM THE POINT DESCRIBED BY SAID DEED TO CONTRA COSTA COUNTY (7524 OR 564) , AND REFERRED TO THEREIN AS POINT "B" , SAID POINT OF BEGINNING BEING ON THE SOUTHEASTERLY LINE OF BOLLINGER CANYON ROAD AS SHOWN ON THE PARCEL MAP OF SUBDIVISION 84-85, RECORDED ON FEBRUARY 17, 1987, IN BOOK 126 OF PARCEL MAPS , AT PAGE 27; THENCE ALONG SAID SOUTHEASTERLY LINE OF BOLLINGER CANYON ROAD SOUTH 49°43 ' 12" WEST, 36. 18 FEET; THENCE SOUTH 40°16 ' 48" EAST, 26. 57 FEET; THENCE SOUTH 10°16 ' 56" EAST, 17.27 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2B-2 (7524 OR 564 ) , AS SHOWN ON SAID PARCEL MAP (126 PM 27) ; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 49043 ' 12" EAST, 44. 82 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2B-2 (7524 OR 564) ; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 40016 ' 48" WEST, 41 .52 FEET TO THE POINT OF BEGINNING. PARCEL 2 : BEGINNING AT A POINT DISTANT SOUTH 40°16 ' 48" EAST, 18 . 48 FEET AND SOUTH 49043 ' 12" WEST, 80. 00 FEET FROM THE POINT DESCRIBED BY SAID DEED TO CONTRA COSTA COUNTY ( 7524 OR 564) , AND REFERRED TO THEREIN AS POINT "B" , SAID POINT OF BEGINNING BEING ON THE SOUTHEASTERLY LINE OF BOLLINGER CANYON ROAD AS SHOWN ON THE PARCEL MAP OF SUBDIVISION 84-85 , RECORDED ON FEBRUARY 17 , 1987 , IN BOOK 126 OF PARCEL MAPS, AT PAGE 27; THENCE ALONG SAID SOUTHEASTERLY LINE OF BOLLINGER CANYON ROAD NORTH 49043 ' 12" EAST, 18 . 82 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 40°16 ' 48" EAST, 19. 87 FEET; THENCE SOUTH 10016 ' 56" EAST, 25.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2B-2; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 49043 ' 12" WEST, 6 . 32 FEET TO THE SOUTHERNMOST CORNER OF SAID PARCEL; THENCE NORTH 40016 ' 48" WEST, 41. 52 FEET TO THE POINT OF BEGINNING. 0 r