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HomeMy WebLinkAboutMINUTES - 09121989 - T.4 Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Ronald D. Babst ---------------------------------------------------------------- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 1989, by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Vacation of a portion of ) RESOLUTION N0. 89/ 615 Cross Road ) Vacation No. V2053 ) Resolution & Order Vacating W.O. #1809 ) a Public Street Alamo Area ) (S. & H.C. Sec. 8324) The Board of Supervisors of Contra Costa County RESOLVES THAT: On July 18, 1989, this Board passed Resolution No. 89/ 492 declaring its intention to vacate the County Street described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed September 12, 1989, at 11: 00 a.m. , in its Chambers, as the time and place for the hearing thereon, and ordered that the resolution be published and posted as required by law, which was done as shown on affidavits on file with this . Board. The hearing was held at that time and place, this Board hearing and duly considering all evidence offered concerning the vacation by all interested parties. This Board hereby determines pursuant to Streets and Highways Code Section 2381 that the area to be vacated is not useful as a nonmotorized transportation facility. This Board hereby FINDS that the public road is unnecessary for present or prospective public use. This Board hereby FINDS that there is no substantial evidence that the proposed vacation will have a significant effect on the environment, and that it has reviewed and considered the Initial Study and Negative Declaration together with any comments received during the public review process (all on file with it) , and this Board approves its 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 vacation and this Board having considered the general plan, FINDS pursuant to Government Code RESOLUTION NO. 89/ 615 Section 65402 that this proposed vacation is in conformance with the general plan. This Board declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion vacated no longer constitutes a public highway. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED. SFP 12 1989___ PHIL BATCHELOR,Clerk of the Uoard of Supervisors and County Administrator Orig. Dept. : Public Works (R/P) � .t_ .fI i —,Deputy cc: Public Works Maint. (via R/P) Road Engineering (via R/P) Records (via R/P) County Counsel Community Development Recorder (via R/P) EBMUD, Land Management Division Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Right of Way Supervisor Contra Costa Water District Stege Sanitary District Oakley County Water District West Contra Costa Sanitary District Walnut Creek School District RB rs V181.t7 RESOLUTION NO. 89/_L15 M Cross Road Vac. No. 2053 EXEBIT "A" That portion of the Contra Costa County road known as Cross Road described as follows: PARCEL ONE: All of Cross Road as said road is described in the deed to Contra Costa Cxwnty recorded November 25, 1941 in Book 595 at page 4, Official Records of said County which lies north of the northerly boundary of Tract 4260 filed September 13, 1972 in Book 150 of Maps at page 43, records of said County and south of the. northeasterly prolongation of the southeasterly line of Parcel "A" as shown on the map of Subdivision MS 51-80 filed March 26, 1981 in Book 93 of Parcel Maps' at page 38, records of said County. EXCEPTING THEREFROM: The westerly 25.00 feet of the above described parcel. PARCEL TWO: All of the 3.00 feet in width strip of land shown on the map of Subdivision M.S. 127-75 filed January 29, 1976 in Book 42 of Parcel Maps at page 42 and granted to Contra Costa County by deed recorded February 24, 1976 in Book 7769 at page 939, Official Records of said County which lies south of the northeasterly prolongation of the southeasterly line of said Parcel "A" (93 P.M. 38) . RESERVING THEREFROM PARCEL ONE AND PAROL TWO: Pursuant to the provisions of Section 8340 of the Streets and Highways Code, the easement and right at any time, or from time to time, to construct, enlarge, maintain, operate, replace, remove, and renew those existing and in place utilities, as of the date of recording this instrument, in, upon, over and across any highway or part thereof proposed to be abandoned, including access to protect the property from all hazards, in, upon, and aver the area herein before described to be abandoned. RB:rs ex:cross June 26, 1989