HomeMy WebLinkAboutMINUTES - 07242007 - C.08 �i°b
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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
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7927 OR 1 63 —► �'
SECOND AVE , 585022 / 31 "E .
69 . 35.
DIABLO sT . � SS :- - - -
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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
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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
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( Z
P . O . B .
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134 LSM 39
J G
Oac es � APN 125-077-022rcn
0
CCCFC&W D w D �
41.17 OR 542 O
C �
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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