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Home My WebLink AboutMINUTES - 09281993 - 1.1 M t 0 Recorded at the request of: Contra Costa County Return to: Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Lucy Owens THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 28, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: RESOLUTION NO. 93/ 572 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUBJECT. Termination of Offer of Dedication of Bollinger Canyon Road, Vacation No. 2091, W. O. 1832, Moraga 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 road 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. This termination request is for an Offer of Dedication of a portion of Bollinger Canyon Road located in Moraga. A description of the offered area to be terminated is attached hereto as Exhibit"A" and incorporated herein by reference. This termination request is for excess right of way of a street not required for street purposes. (S.H. Code Section 8334). Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered roadway into the County road system, that no public money has been expended for maintenance of the offered roadway, and that it is in the best interests 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 California Environmental Quality Act under State CEQAguidelines Section 15061 (b) (3). This Board DIRECTS the Director of Community Develop- ment 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. The Planning Commission having considered their general plan, FINDS pursuant to Government Code Section 65402 that this proposed vacation is in conformance with their general plan. RESOLUTION NO. 93/572 SUBJECT: Termination of Offer of Dedication of Bollinger Canyon Road Date: September 28, 1993 Page 2 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 offer is abandoned. Orig. Dept.: Public Works (R/P) cc: Public Works Maint. (via R/P) Records (via R/P) 1 hereby certify that i;jb W a Ww and correct copy 71 Road Projects (via R/P) an caction toe<en ans onwred an tho fwnu= of to Board of Suparvlc=(gli to dab , County Counsel ATTESTED: ��P--28 I= Community Development PHIL BATCHELOR-,C rkoftheBoard Recorder (via R/P) Of Sup3rAc=and co nV AgmI (straw EBMUD, Land Management Div. Thomas Brothers Maps BV •00 Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Buck Keith, 401 Lennon Ln., Walnut Creek, CA 94598 Contra Costa Water District Applicant: William A. &,Judy L. Lawrence 1080 Bollinger Canyon Road Moraga, CA 94556 io C:V45boII.T8 September 9, 1993 RESOLUTION NO. 93/ Rd. 2842B - Bollinger Canyon Road Vacation No. 2091 - Lawrence Ptn. Offer of Dedication (10 PM 44) Ptn. APN 258-030-025 Dwg. 77 LSM 19 EXHIBIT "A" Real property in the unincorporated area of Moraga, Contra Costa County, California, being a portion of the east half of the northeast quarter of Section 21, Township 1 South, Range 2 West, Mount Diablo Meridian, described as follows: A portion of the Offer of Dedication to Contra Costa County recorded October 17, 1969 in Volume 5985 at page 210, Official Records of said County, lying within PARCEL C shown on the Record of Survey filed July 12, 1985 in Book 77 of Licensed Surveyors Maps at page 19, and described as follows: Commencing at the northeast corner of said PARCEL C (77 LSM 19); thence along the north boundary line of PARCEL C as follows: (1) south 75011'47"west 89.77 feet, (2) north 73°42'13"west 100.28 feet, (3) north 54057'03" west 6.18 feet to the Point of Beginning, (4) from the Point of Beginning, continuing north 54057'03"west 124.56 feet, (5) north 70°02'31"west 64.11 feet, (6) south 80010'39" west 119.29 feet, (7) south 34048'49" west 45.94 feet, and (8) south 15028'42" west 50.48 feet; thence leaving said boundary line, south 70020'33" east 149.26 feet; thence north 58042'54" east 109.52 feet; thence north 85032'55" east 85.58 feet, to the Point of Beginning. Containing an area of 28,936 square feet of land, more or less. RESERVING THEREFROM: A 10.00 feet wide trail easement for public use, the north line of which is the north boundary line of said PARCEL C (77 LSM 19). RESERVING THEREFROM: 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 vacated, including access to protect the property from all hazards, in, upon, and over the area herein before described to be vacated. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). LH:jlg:fp c\ex:Bolinger.Vac 9/1/93 1 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: (510) 313-2296 Contact Person: Vickie Germany - Public Works Deft, Project Description, Common Name (if any) and Location: TERMINATE OFFER OF DEDICATION, BOLLINGER CANYON ROAD AREA County File #CP 93-52: The activity consists of terminating an Offer of Dedication of approximately 0.6643 of an acre of a 6 acre parcel fronting Bollinger Canyon Road. The termination does not include a proposed 10' trail easement that encompasses the northern perimeter of the lot. The Transportation Engineering Division of the Public Works Department has determined that there is no need for traffic circulation in that area. Therefore, the area is not necessary for present or prospective public road purposes. No new parcel will be created as a result of the activity. Project location as described as follows: Bollinger Canyon Road is located in an unincorporated area within the boundaries of the City of Moraga. The wooded area is undeveloped and is being maintained by the property owner. This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) xx General Rule of Applicability (Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class Section for the following reason(s): 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 notice 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 Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini yi fi