HomeMy WebLinkAboutMINUTES - 06222010 - C.04RECOMMENDATION(S):
DETERMINE that this termination of an Offer of Dedication for a public utility easement is
no longer required for utility 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, et. seq. A description of the offered area to be terminated is
attached hereto as Exhibit "A" and shown as Exhibit “B” incorporated herein by reference
located in the Martinez area.
DETERMINE that this termination request is for a public utility easement that the date of
the dedication if less than five years, and more than one year, immediately preceding the
date of this action, and the easement was not used continuously since that date. (S&H Code
Section 8333(b)).
FIND there is no reasonable probability that Contra Costa County (County), will accept the
public utility easement into the County system, that no public money has been expended for
maintenance of the offered public utility easement and that it is in the best interest of the
County and the public that the offered area be privately owned and maintained.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/22/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Susan A. Bonilla, District IV
Supervisor
Contact: Carmen Piña-Sandoval
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: June 22, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 22, 2010
Contra
Costa
County
Subject:Termination of an Offer of Dedication for a public utility easement, Martinez area. Project No.
0651-WL72RP (SD05-08984)
TERMINATE the hereinabove described
RECOMMENDATION(S): (CONT'D)
offer of dedication and ABANDON the right of the County to accept said offer. The
Board is not aware of any existing in place utilities in the subject area.
DECLARE from and after the date this Board Order is recorded, the offer of dedication
is terminated and the County’s right to accept offer is abandoned.
DIRECT the Real Property Division to record a certified copy of this Board Order in the
office of the County Recorder.
FISCAL IMPACT:
There is no impact to the County General Fund.
BACKGROUND:
On February 27, 2007, the County Board of Supervisors approved Resolution 2007/98,
the Final Map and Subdivision Agreement for Subdivision 05-08984, filed March 5,
2007, in Book 501 of Maps at Pages 44 through 54, Belmont Terrace. The County
accepted the final map that included a dedication of a Public Utility Easement along a
portion of Lots 38 and 128. The offered area is no longer needed and will not be used for
the purpose for which it was dedicated. The proposed vacation request is part of a larger
project for which a CEQA Negative Declaration was processed and adopted by the
Board of Supervisors for Subdivision 05-08984.
CONSEQUENCE OF NEGATIVE ACTION:
The County is encumbering and may be responsible for the maintenance to an area that is
no longer needed for the purpose for which it was dedicated.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Exhibit A & B