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HomeMy WebLinkAboutMINUTES - 05172011 - C.02RECOMMENDATION(S): APPROVE Termination of a portion of an Offer of Dedication of excess Right of Way not required for road purposes 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 Brentwood area. DETERMINE that this termination request is for an excess right of way of a street or highway not required for street or highway purposes. (S&H Code Section 8334(a)) FIND that the proposed termination of a portion 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) pursuant to Article 5, Section 15061 (b)(3), and DIRECT the Director of Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk and, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/17/2011 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: Angela Bell; (925) 313-2337 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: May 17, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Real Property Division; Fina Prak C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:May 17, 2011 Contra Costa County Subject:Termination of a portion of an Offer of Dedication for Roadway purposes, Brentwood area. Project No. 0676-6Q1800 DIRECT the Public Works Director to arrange for payment of $25.00 fee to DCD for processing RECOMMENDATION(S): (CONT'D) the Notice of Exemption and a $50.00 fee to the County Clerk for filing. 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: 100% of fees are paid by applicant. BACKGROUND: The owner of Assessor’s parcel number 015-090-034 is requesting that the portion of the offer of dedication that runs along his parcel be terminated. In October 1983, as part of the final map of Minor Subdivision 69-82 (109 PM 41), an offer of dedication for a roadway easement was made along a portion of Assessor’s parcel Nos. 015-090-034 and 015-090-034. The offered area is not required and will not be used for the purpose for which it was dedicated. The termination of the offer of this dedication only affects the east 56 foot portion of the easement on APN 015-090-034. CONSEQUENCE OF NEGATIVE ACTION: The County is encumbering and may be responsible for the maintenance of an area that is not required for roadway purposes. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS CEQA Attachments