HomeMy WebLinkAboutMINUTES - 08132002 - C8 Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Ron Babst
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 13, 2002, by the following vote:
AYES: SUPERVISORS GERBER, UILKEKA, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 20OW483
ABSTAIN: NONE (S. & H. Code § 3330 et. seq.)
SUBJECT: ADOPT Resolution No. 2002/ approving the vacation of a portion of EI Toyonal
Road and DETERMINE that the activity is not subject to CEQA, pursuant to
Article 5, Section 15061(b)(3). [CP#0266]
W.O. 1600.
Orinda Area.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This summary vacation of an excess right of way of a street or highway no longer required
for street or highway purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets
and Highways Code, commencing with Section 6330, et. seq. A description of the portion to be
vacated is attached hereto as Exhibit "A" and incorporated herein by reference.
This vacation request is based on the following facts: for a period of five consecutive
years, the street or highway has been impassable for vehicular travel and no public money was
expended for maintenance on the street or highway during such period (S. & H. Code Section
8331).
1 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
RDB:eh date shown.
G:1GrpData\RealProp12402-Files\BOs&RES\V40 El Toyonal.doc
Orig.Dept.: Public Works{R/P) ATTESTED: AUGUST 13, 2002
cc: See last p
Contact: Ron lastpage t{Tel.313-2226) JOHN SWEETEN,Clerk of the Board of
Supervisors and County Administrator
BY n _, Deputy
RESOLUTION NO. 2002/483
Subject: Vacation of El Toyonal Reed,
Date: August 13, 2002
Page: 2
This Board hereby FINDS that the proposed vacation 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 CEQA guidelines Section 15061 (b)(3) 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.
The Board having considered the general plan, FINDS pursuant to government Code Section
65402 that in accordance with its Resolution No. 811522; this vacation is minor in nature and
therefore exempt from general plan conformance review.
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.
cc: Public Works
Maintenance(via RIP)
Records(via RIP)
Transportation Engineering (via R/P)
Engineering Services—T. Torres (via R/P)
Accounting (via RIP)
Board Orders Senior Clerk,Adm.
County Counsel
Community Development—K. Piona
Recorder(via R/P)
Thomas Brothers Maps
RESOLUTION NO. 20021 483
Portion of E1 Toyonal
`vacation Road No. 2254
EXHIBIT "A"
A portion of the Rancho El Sobrante, Contra Costa County, California described as
follows:
Being all of that parcel of land granted to Contra Costa County, recorded
September 12, 1932 in Book 295 of Official Records at page 181.
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.
This real property description has been prepared by me or under my direction, in
conformance with tS.-Mal Laeyors Act.
Signature: ��t AIVD
Licensed Land Surveyor 5 ,� ZW'F -
Contra Costa County Public Works
7� Exp. 12-31-04
No.5959
Date: 2- 1740 0
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G:\GrpData\Clerical\EXHiBITS\2002\Portion of El Toyonal Vac Rd#2254.doc
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: WO1600 CP NO.: 02.66
ACTIVITY NAME: El Toyonal -Vacation
DATE: July 23, 2002
PREPARED BY: Trina Torres
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seer► with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY:
The activity consists of the vacation of a portion of excess Contra Costa County(County)
awned roadway. The activity is located along EI Toyonal Road extending approximately
2500 feet from Wildcat Canyon Road through East Bay Municipal Utility District(EBMUD)
property(AFN267-030-021)[Fig. 3]to the City of Orinda limits. El Toyonal is currently closed
to vehicular traffic, but is open as a trail and available for emergency vehicle access. The
emergency vehicle access is maintained by the City of Orinda from their city limits to
across the bridge (including maintenance of the bridge itself) and by EBMUD from the
bridge to Wildcat Canyon Road. The County owns the road in fee title only and has no
responsibility for maintenance. The County wants to vacate its portion of El Toyonal as a
public road and quitclaim our rights to EBMUD.
LOCATION:
The activity is located in the west county area, near the City of Orinda between Wildcat
Canyon Road and the City of Orinda city limits (Figures 1-3).
REVIEWED BY: Ale& DATE: "'
C ce Sellgren
nvironmental Planner
APPROVED BY: r DATE:
Community Development Representative
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Centra Costa County Community Development Department
651 Pine Street, 4th Floor-North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 contact Person:Cece Sellgren - Public Works Dept.
Project Description, Common Name (if any)and Location: E€Toyonal Road Vacation,County
File#CP 02-66: Project Description: The project consists of the vacation of a portion of excess
Contra Costa County (County) owned roadway. The activity is located along El Toyonal Road
extending approximately 2500 feet from Wildcat Canyon Road through East Bay Municipal Utility
District (EBMUD) property (APIV267-0030-021) [Fig. 31 to the City of Orinda limits. El Toyonal is
currently closed to vehicular traffic, but is open as a trail and available for emergency vehicle
access. The emergency vehicle access is maintained by the City of Orinda from their city limits to
across the bridge (including maintenance of the bridge itself) and by EBMUD from the bridge to
Wildcat Canyon Road. The County owns the road in fee title only and has no responsibility for
maintenance. The County wants to vacate its portion of El Toyonal as a public road and quitclaim
our rights to EBMUD. Project location: The project is in the west county area near the City of
Orinda between Wildcat Canyon Road and the City of Orinda city limits.
This project is exempt from CEQA as a:
— Ministerial Project(Sec. 15268) Other Statutory Exemption, Section
— Declared Emergency(Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3)
— Emergency Project(Sec. 15269(b)or(c))
— Categorical Exemption,
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
255 Glacier Drive
Martinez, CA 94553
Attn: Trina Torres County Clerk Fee $50 Due
G:\GrpData\EngSvc\ENVIRO\2002Projects\CEQA\Det Ex\EI Toyonal;
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ASC Lice o Emi 1
Contra Costa County Community Development Department
651 Pine Street, 4th Floor-North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact Person:Cece Sellgren --Public Warks Dept.
Project Description, Common Name(if any) and Location: EI Toyonal Road Vacation, County
File ##CP 02-66: Project Description: The project consists of the vacation of a portion of excess
Contra 'Costa County (County) owned roadway. The activity is located along EI Toyonal Road
extending approximately 2500 feet from Wildcat Canyon Road through East Bay Municipal Utility
District (EBMUD) property (AP1'267-030-021) (Fig. 31 to the City of Orinda limits. EI Toyonal is
currently closed to vehicular traffic, but is open as a trail and available for emergency vehicle
access. The emergency vehicle access is maintained by the City of Orinda from their city limits to
across the bridge (including maintenance of the bridge itself) and by EBMUD from the bridge to
Wildcat Canyon Road. The County owns the road in fee title only and has no responsibility for
maintenance. The County wants to vacate its portion of EI Toyonal as a public road and quitclaim
our rights to EBMUD. Project location: The project is in the west county area near the City of
Orinda between Wildcat Canyon Road and the City of Orinda city limits.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) Other Statutory Exemption, Section
— Declared Emergency(Sec. 15269(x)) X General Rule of Applicability(Section 15061(b)(3)
— Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption,
for the fallowing 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
2.55 Glacier Drive
Martinez, CA 94553
Attn: Trina Torres County clerk Fee 50 Due
G:\GrpData\EngSvc\ENVIRO\2002Projects\CEQA\Det Ex\El Toyonal;