HomeMy WebLinkAboutMINUTES - 04122011 - C.02RECOMMENDATION(S):
APPROVE and AUTHORIZE County Counsel to file a disclaimer in the pending quiet title
action in Contra Costa County Superior Court, Case Number C11-00460, disclaiming the
County’s interest in Gomez Road (APN 432-030-001) on behalf of Contra Costa County
(County) as recommended by the Public Works Director, El Sobrante area.
FISCAL IMPACT:
No Fiscal Impact.
BACKGROUND:
East Bay Municipal Utility District (EBMUD) filed a lawsuit naming the County as a
defendant, seeking to quiet title and establish abandonment of an easement held by the
County (APN 432-030-001) within Gomez Road. Gomez Road is a 40’ wide “public road”
created by California Superior Court judicial decree in 1910 (partition of the Rancho El
Sobrante).
The Public Works Survey Division searched and found no records indicating that the
County ever accepted this road into the County maintained road system. Upon review by
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/12/2011 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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
Contact: Carmen Pina-Sandoval;
(925) 313-2012
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: April 12, 2011
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: Carrie Del Bonta, Deputy
cc: Real Property Division; Fina Prak
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 12, 2011
Contra
Costa
County
Subject:Authorization to file a Disclaimer for Civil Case Number C11-00460, Gomez Road, El Sobrante area.
(District 1) Project No. 0676-6P0040
the Public Works Transportation Engineering Division, it has been
BACKGROUND: (CONT'D)
determined that the Gomez Road easement is not needed for any public purposes.
Public Works staff recommends filing a disclaimer in the action, as the County has no
interest in the 40’ wide easement off of Gomez Road. A disclaimer renounces the County’s
interest in the real property in the quiet title action.
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not disclaim, the County would have to file an answer to the pleading
filed on February 24, 2011 for an easement that was not accepted into the County road
system and is not required for public use. If the County does not disclaim, it will also
expend unnecessary litigation costs in the quiet title action.
CHILDREN'S IMPACT STATEMENT:
Not applicable.