HomeMy WebLinkAboutMINUTES - 11022010 - C.01RECOMMENDATION(S):
APPROVE the proposed Termination of an Offer of Dedication 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) of the CEQA Guidelines; (DISTRICT III) [CP# 10-46] Project No.
0676-6Q1900
DIRECT the Director of Department of Conservation and Development (DCD) to file a
Notice of Exemption with the County Clerk;
DIRECT the Public Works Director to arrange for payment of a $50.00 fee to the County
Clerk for filing and $25.00 fee to DCD for processing the Notice of Exemption.
DETERMINE that certain right of way is not required for road purposes and this
Termination of an Offer of Dedication 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 incorporated herein by reference located in the
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 11/02/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Lisa
Dalziel 313-2223
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: November 2, 2010
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc: Julie Carlson, Real Property
C. 1
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:November 2, 2010
Contra
Costa
County
Subject:Termination of an Offer of Dedication for Marsh Lane, Byron Area. Project No. 0676-6Q1900 [CP# 10-46]
unincorporated area of Byron.
DETERMINE
RECOMMENDATION(S): (CONT'D)
that this termination request is for right of way of a street or highway not required for
street or highway purposes. (S&H Code Section 8334(a))
FIND there is no reasonable probability that Contra Costa County (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.
TERMINATE the hereinabove described 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:
All fees are paid by Applicant.
BACKGROUND:
In November 1977, as part of the final map of Subdivision 4596, an offer of dedication
for public use was made for Marsh Lane. County never accepted the offer of dedication
for Marsh Lane.
The applicant and owner of the parcel adjacent to Marsh Lane is requesting the offer be
terminated. After reviewing the request, it has been determined that Marsh Lane is no
longer required for street or highway purposes.
CONSEQUENCE OF NEGATIVE ACTION:
The County may be responsible for the maintenance of the Marsh Lane.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
CLERK'S ADDENDUM
RELISTED to a date undetermined.
ATTACHMENTS
Exhibit A, Marsh Lane
CEQA