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HomeMy WebLinkAboutMINUTES - 07242007 - C.08 �i°b �. TO: BOARD OF SUPERVISORS .,/y-=�`. �-���_=;=�,,. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa 'y DATE: JULY 24 2007 -==a` °S «�; �n County SUBJECT: DETERMINE that the proposed vacation of an excess portion of Aspen Drive is riot subject to the California Environmental Quality Act (CEQA); DETERMINE that this proposed vacation of in excess portion of Aspen Drive is no longer required .for street or highway purposes, Pacheco area. (District IV) [CP# 07-33] Prcjcct No. 0676-6Q1887 (S&H Code §8334) SPE'C'IFIC:'RLQIII-.SI'(S)OR IZI:;(.'Orv1\II:NDA-I'ION(S)&BACKGROUND AND JUS tIf ICAIION RECOMMENDED ACTION: A. DETERMTNE 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 (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061 (b)(3), and DIRECT the .Director of Community Development to file a Notice of Exemption with the County Clerk,and DIRECT the Public Works Director to arrange for payment of a S50.00 fee to the County Clerk for .filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. B. DETER-MINE that this summary vacation of an excess portion of right of way of Aspen Drive is no longer required for street or highway purposes is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and I Iighways Code,commencing with Section 8330,et. seq. A description of the portion to be vacated is attached hereto as Exhibit "A"and incorporated herein by reference. Continued on Attachment: X SIGNATURE: UMrCOMMENDATION OF COUNTY ADMINISTRA'T'OR RECOMMENDATION OF BOARD COMMITTEE ::- ' ROVE O'i'1IER SIGNATURE(S): ACTION Of 130: ON ! A'i'ROVED AS RECOWMENDED -- OTIIER VOTE. F SUPT ISORS LINANIMOUS(ABSENT) AYES: _ NOES: 't/0W4---_ f hereby certify that this is a h uc and correct ABSENT: ABSTAIN: copy of an action taken and entered on the __... minutes of the Board ol'Supervisors on the LAD:si date shown. G'1Rca1PropU3oard 01-dcrS2007`,07-24-07 BO-Aspen Drivc Vacation.doc Orifi.Div: Puhlic Works(R%P) .ATITSTED:� ,�l� W Contact: L.Dalziel("313-2223) JOHN CUI:I,F ',CI of the•130ard of cc: County Administrator(Via RP) Supervisors and County Administrator Auditor-Controller(via R;P) Accuuntin (Via RP) By Deputy Recorder(via RrP) I...Cross,C.DD G Conntulghton,PC N.Ajawara.Eng.Secs.- Enviro. i SUBJECT: DETERMINE that the proposed vacation of an excess portion of Aspen Drive 1S not SUbJect to the California Environmental Quality Act(CEQA); DETERMINE that this proposed vacation of'an excess portion.of Aspen Drive is no longer required for street or highway purposes, Pacheco area. (District IV) [CP##07-33] Project No. 0676-6Q1887 DATE: July 24, 2007 PAGE: 2 RECOMMENDED ACTION: (continued) C. DETERMINE that this summary vacation is for excess right of way of a street or highway not required for street or highway purposes. (S&1-1 Code Section 8334) D. DIRECT the Real Property Division to record a certified copy of this Board Order-in the office of the County Recorder. E. DECLARE from and after the date this Board Order is recorded,the described proposed vacation is HEREBY ORDERED VACATED subject to any reservation and exception described in Exhibit "A" and it no longer constitutes a public highway. FISCAL. IMPACT: No fiscal impact. REASONS FOR RECOMMENDATIONS AND BACKGROUND: An excess portion of right of way area of approximately 4,433 square feet at Aspen Drive between Second Avenue and Center Avenue is no longer required for street or highway purposes. CONSEQUENCES OF NEGATIVE ACTION: The County may be responsible for the maintenance of the excess portion of right-of-sway for this area. Vacation of.a Portion of Aspen Drive (formerly Burress St.) Map of Pacheco 1869 (E Maps 95) Road No.,3975K EXHIBIT "A" A portion of Aspen Drive (formerly Burress Street) as shown on the map entitled "Map of Pacheco, Contra Costa County, California, 1869.1 filed in Book E of Maps at page 95, Contra Costa County, California, described as follows: Beginning at the intersection of the southerly line of the Contra Costa County Flood Control and Water Conservation District right of ,way as described in the deed recorded Feb. 11, 1963 in Book 4301. of Official Records at Page 354 with the westerly line of Aspen Drive (formerly Burress Street) as shown on said map (E maps 95); thence from said Point of Beginning, along"said southerly line (4301 OR 354), north 29004'56" east 69.42 feet to the easterly line of said Aspen Dr. (formerly Burress Street); thence along. said. easterly fine, south 6005'54" east . 145.73 feet to the northerly. right of way line of Second!Avenue (formerly Diablo St.) as described in the deed to Contra Costa County recorded July 2, 1976 in Book 7927 of Official Records at Page 163, also being 'a point on a non-tangent curve, concave to the southwest; a radial from said point bears south. 14022'42" west; thence northwesterly along said right of way and said curve, having a radius of 330.00 feet, through a central angle of 3039'55", an arc length of 21.11 feet to the westerly line of said County parcel (7927 OR 163); thence along the westerly extension of said curve having a radius of 330.00 feet, through a central angle of 3°35'45", an arc length of 20.71 feet to the westerly line of Aspen Dr. (formerly Burress Street); thence along said westerly line, north 6°05'54" west 76.87 feet to the Point of Beginning. Containing an area of 4,433 square feet (0.10 acres) of land, more or less. Exhibit "B" attached and by this reference made a parthereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act.. Signature: ND 3 A. STFRG�� Licensed Land Surveyor 2 p * Exp.9130107 Date: L.S.6571 G:\Design\SURVEYS\LegaIs\Exhibits2007\As pen Drive Vacation.doc JS:TL June 19,2007 EXHIBIT ' B ' LINE DATA TABLE No. Bearing Length O p L1 S19.° 24'06"W 30.00 L2 N60 05'54"W 76.87 L3 S290 04'56"W 69.42 n ➢ R1 N14" 22'42;'E V OI R2 S70 0702 W. q:-7 CURVE DATA TABLE ;0o I No. Radius Delta Length ` n - C1 330.00 5° 01'24" . 28.93 j C2 330.00 30 39'55" 21.11 330.00 30 35'45 20.71 CCCFC&WCD . EASEMENT 4102 OR 22 STANDARD COUNTY rn STREET MONUMENT � o Q un 1 0 , 1 un z P . 0 . ' A o 134 LSM 39 m3-, G N bac es v� APN . 125-077-022 �n 0 CCCFC&W D L4 ➢ co 41 1 7 OR 5 42 z C Ln cv, C3 C2 'GRANT DEED cn� o Cy 7927 OR 1 63 —► �' SECOND AVE , 585022 / 31 "E . 69 . 35. DIABLO sT . � SS :- - - - t� STANDARD COUNTY STREET MONUMENT Instrument Road Vacation Scale: 1" 40' File No. A3975K-2007 Drown By: TL Plot Date: 6/21/2007 Series No. Recorded Checked By: JS Drawing: 188707.dgn DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE I CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1887 CP NO.: 07-33 ACTIVITY NAME: Aspen Drive ,,Grayson Creek, Pacheco, Sumniary Vacation DATE: >vlay 1 t1, 2007 PREPARED BY: Ngozi Ajawara 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 seem wii,h 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 vacating a road right of way (approximate length is 110' x 22') on a portion of Aspen Drive which exists only on the map as a "paper street". The property adjacent to the west on Aspen Drive (APN 125-076-003) is owned by Contra Costa County Flood Control and Water Conservation District (District). The property east to Aspen Drive (APN 125-077-022) is owned by Lamar V. Wilkenson, et ux (applicant). The applicant (Lamar V..Wilkenson) has requested the County to vacate the access road right of way which is no longer needed. LOCATION: The project is located on Aspen Drive in unincorporated community of Pacheco, Contra Costa County. (Figures 1 —3) REVIEWED BY: ,C u DATE: AAD� O�OD - Cece Sellgren,.Erkironmental Planner APPROVED BY: -' DATE: ' - Community Development Representative N.A G:\EngSvc\ENVIRO\RealProp\Aspen Drive @ Grayson Creek,Pacheco\CEQA\Determination of Exemption.(DE).doc Form Updated:July 21,2006 (Page 1 oil) 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 944553=0095 Telephone: (925) 313-2311 Contact Person: Ngozi Ajawara, Planner I - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Aspen llrive @Grayson Creek, Pacheco, Summary Vacation, Project No. 0676-6Q1887 County File CP# 07 - 33. Project.Description: ]'lie activity consists of vacating a road right of way(approximate length is 110' x 22')on a portion of Aspen llrive w.1-tich cx.ists only on the map as a"paper street". The property adjacent to the west on Aspen Drive(APN 125-076- 003) is owned by Contra Costa County Flood Control and Water Conservation District(District). The property east to Aspen Drive (A-PN 125-077-022) is owned by Lamar V. Wilkenson, et ux (appli.cant). The applicant (Lamar V. Wilkenson) has requested the County to vacate the access road right of way which is 110 longer-needed. Project i,ocatiou: The project is located on Aspen Drive in unincorporated community of Pacheco, Contra Costa County. This.project is exempt from CEQA as a: ❑ Ministerial Project (Sec..15268) ❑ Categorical Exemption, Class ❑ Declared Emergency (Sec. 15269(a))- ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability ISec•tinre 1 i061 (b) QY for the following reason(s): (insert appropriate CEQA language). 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: Department of Fish and Game Fees Due Public Works.Department. ❑ EIR-$2,500 Total Due: $ 2.55 Glacier Drive ❑ Neg. Dec. -$1,800 Total Paid Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: Nqozi Aiawara �I County Clerk - $50 Receipt#: Environmental Section Community Development Dept. -$25 G:\ErrgSvc\ENVIRO\RealProp\Aspen Drive @ Grayson Creek,Pache co\CEQA\NOE-form.doc Updated July 21,2006 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: (925) 313-2311 Contact Person: Ngozi Ajawara, Planner I - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Aspen Drive @Grayson Creels, Pacheco, Surnunary `vacation, Project No. 0676-6Q1887 County File CP# 07 - 33. Project Description: The activity consists of vacating a road right of way(approximate length is 110' x 22')on a portion of Aspen Drive which exists only on the map as a "paper strect". The property adjacent to the west on Aspen Drive(.APN 1.25-076- 003) is owned by Contra Costa County Flood Control and Water Conservation District(District). The property east to Aspen Drive (,),PN 125-077-022).is owned,by Lamar V. Wilkenson, et rax (applicant). The applicant (Lamar V. Wilkenson) has requested the County to vacate the access road right of way which is 110 longer needed. Project Location: The project'is located on Aspen Drive in unincorporated community of Pacheco, Contra Costa County. This project is.exempt from CEQA as a: ❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability[Section 15061 (b) (3)/ for the following reason(s): (insert appropriate CEQA language). . Date: By Community Development Department Representative AFFIDAVIT OF FILING AND POSTING 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: Department of Fish and Game Fees Due Public works Department ❑ EIR-$2,500 Total Due: $ 255 Glacier Drive ❑ Neg. Dec.=$1,800 . Total Paid $. Martinez, CA 94553 ❑ DeMinimis Findings -$0 Attn: Nqozi Aiawara ® County Clerk -$50 Receipt#: Environmental Section Z-Community Development Dept. $25 G:\Eng Svc\ENVIRO\RealProp\Aspen Drive r@i Grayson Creek,Pacheco\CEQA\NOE-form.doc updated July 21,2006 LU cn CD >_. O 0 (D Z3 m.. ;M- ch m Or, rn �! 0OD 0 /�)z CD , CDz V m l� T 0 CD ems. i.✓ 110 CO i iL o. 1 fy Vl .:.p ajeyY !� CD. C �. n a i0 fit) ? fD 0 14 0 O O ,y G W CID �. CD Z fn: (p::.> m14 '.. 6• [�. n -- uJiCD: p O Rubicon:'Ct A ,. OD GardeniaC . \ O C - ..:.... ontra C ost 00 n � elu..P , ,:-:�.. --.-- -_ _ anal'. .; V Oi . c� - n a Cir — . . - a Cariai. - o;l O ! Begonia Ct. .. _.. .. -- <D eluo6ag �� . lerriple Di Temple' �l (D Co N O Raymond Raymond Ur. O y y.—.._..-._.. .._....._..._._ .. . N tt. V n .IV Io. 1' -......... Argenta Argenta Ur... ..._..- 'C' _ Henry Clay Ct Q. Ul CD Chatham Ct v C) c; Jep13 jr�, :y 'oo�� • SI C� . (o 7_ f� aU - 0 C jePoc _• o rJ uMoj4] 1 (o -- 00 r` . Victor: of - -' j r 8 eiia1 sd :.:^30r Bn C/r `w .9 g ➢ �@ z n nr 8Cr C.- c (O :3 3 - —' f.jjail r eu1GaV4 N N a �, m R MCD N - N d (n .....`UnOlj2111i d - <o Tanbor Ta,• co d...e. .. .tc:us '.�j.._... .... .n? .(D• : _ ?°G �? ......._. m--'.-.._.....•. _ /bow.: ��jC] ICtrwait Way ..,�1. c...- Calle Nolirto... J: U j ro e/Skr ojiep n aY Ba � •� � �r2�a,`�\ � '� Via Valencia 1S rnoll!fJ C)- Marsh c: Margl i'.. 2 _ ro 1a o EI Serena Q _.............. pr ......:.. m Damascus Loop ., Faran°:Ur � . -... _ 2. � e4chand n Fe ea sr`eel. .: ��� � Z �anFr% ePt Sally Ride Sally Ride M )f o, c r 00 J - .. .._ i E \ co c co �- OOOgOBd Vacation of a Portion of Aspen Drive (formerly Burress St.) Map of Pacheco 1869 (E Maps 95) Road No. 3975K EXHIBIT "A" A portion of Aspen Drive (formerly Burress Street)as shown on the map entitled "Map of Pacheco, Contra Costa County, California, 1869" filed in Book E of Maps . at page 95, Contra Costa County, California, described as follows: Beginning at the intersection of the southerly line of the Contra Costa County Flood Control and Water Conservation District right of way as described in the . deed recorded Feb. 11, 1963 in Book 4301 of Official Records at Page 354 with the westerly line of Aspen Drive (formerly Burress Street) as shown on said map (E maps 95); thence from said Point of Beginning, along said southerly line (4301 OR 354), north 29°04'56" east,69.42 feet to the easterly line of said Aspen Dr. (formerly Burress Street); thence along said easterly line, south 6005'54" east 145.73 feet to the northerly right of way line of Second Avenue (formerly Diablo St.) as described in the deed to Contra Costa County recorded July 2, 1976 in Book 7927 of Official Records at Page 163, also being a point on a non-tangent curve, concave to the southwest; a radial from said point bears south 14°22'42" west; thence northwesterly.along said right of way and said curve, having a radius of 330.00 feet, through a central angle of 3°39'55", an arc length of 21.11 feet to the westerly line of said County parcel (7927 OR 163); thence along the westerly extension of said curve having a radius of 330.00 feet, through'a central angle of 3035'45", an arc length of 20.71 feet to the westerly line of Aspen Dr. (formerly Burress Street); thence along said westerly line, north.6°05'54" west 76.87 feet to the Point of Beginning. Containing an area of 4,433 square feet (0.10 acres) of land, more or less. Exhibit "B" attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the.Professional Land Surveyors Act. Signature: _ Q SAND S � S Licensed Land Surveyor ' a Exp.9/30/07 Date: �/� / � �` L.S.6571 4 G.\Design\SURVEYS\Legals\Exhibits2007\Aspen-Drive Vacation.doc �F Cp,1- JS:TL June 19,2007 EXHIBIT ' B ' LINE DATA TABLE No. Bearing Length p L1 S19' 24'06"W 30.00 0 L2 N6°05'54"W 76.87 L3 S290 04'56"W 69.42 (J R1 1`4140 22'42"E (j Q) ( R2 S70 07'02"W CIO-zI CURVE DATA TABLE Cj ( �c7 I No. Radius Delta Length 330.00 500112411 28.93 n ( C2 330.00 . 30 ,3915511 21.11 C3 330.00 30 35'45" 20.71-- . 1 ! >, CCCFC&WCD ( EASEMENT 4102 OR 22 STANDARD COUNTY STREET MONUMENT V p n O Y I � i ( Z P . O . B . O CD un 134 LSM 39 J G Oac es � APN 125-077-022rcn 0 CCCFC&W D w D � 41.17 OR 542 O C � / C3 C z o C� AN DEED t/� i o �� t �, 7927 OR 163 -i 0 G . AVE . S85 '. 22 / 31 SECOND E 269 . 35 DA BL 0 S T ( FORMERLY . - I � - ----------� STANDARD COUNTY STREET MONUMENT Instrument Road Vacation Scale: 1" - 40' File No. A3975K-2007 Drown By: - TL Plot Date. 6/21/2007 Series No. Recorded Checked By: JS Drawing: 188707.dgn