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HomeMy WebLinkAboutMINUTES - 12132011 - C.03RECOMMENDATION(S): APPROVE Termination of 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 Clyde area, and 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)), and TERMINATE the herein above 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, and 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, and FIND that the proposed termination of the offer of dedication will not have a significant APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/13/2011 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: December 13, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: Real Property Division; Sheila Minor C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 13, 2011 Contra Costa County Subject:Termination of Offer of Dedication for Roadway purposes and Quitclaim the County’s interest in vacated area, Clyde area. Project No. 0676-6Q1802 effect on the environment, and that it has been determined to be RECOMMENDATION(S): (CONT'D) exempt from the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3)[CP#11-63], and AUTHORIZE the Public Works Director to arrange for payment of $25.00 fee to DCD for processing the Notice of Exemption and a $50.00 fee to the County Clerk for filing, and DIRECT the Director of Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk, and APPROVE the quitclaim of the County’s interest to said property to Powell Sanders, Trustee Pursuant to Street and Highways Code Section 8355 and AUTHORIZE the Chair to sign the Quitclaim Deed on behalf of the County, and 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, Powell Sanders. BACKGROUND: In April 1919, as part of the “Map of Clyde”, Map Book 17, Page 358, the road easement was dedicated to Contra Costa County. The offered area is not required and will not be used for the purpose for which it was dedicated. The offer of dedication located between Assessor’s Parcel Numbers 100-321-019 and 100-321-027 is no longer needed for circulation purposes. A Quickclaim Deed will allow any cloud(s) on title, that resulted from the offer of dedication, to be cleared. 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 Exhibit A Notice of Exemption Quickclaim Deed