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HomeMy WebLinkAboutMINUTES - 12112012 - C.02RECOMMENDATION(S): ADOPT Resolution No. 2012/308 vacating of a portion of excess road right of way identified as Carquinez Scenic Drive located between the Ozul Fuel Facility and the Contra Costa Brick Works Plant in the Martinez area, and excepting therefrom an easement for vehicular and non-vehicular trails pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et seq. Project No.: 0676-6P4009 DIRECT the Real Estate Division to record a certified copy of the Resolution in the office of the County Recorder. FIND that the summary vacation of the above-described section of roadway and reservation of the above-described easement therein is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 5, section 1506(b)(3). FISCAL IMPACT: No Fiscal Impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/11/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, 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 11, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: M. Flores, Real Estate Division, B. Saengchalern, Transportation Engineering, H. Heard, Enviromental, M. Parks, Dept of Conservation & Development, J. Townsend, East Bay Regional Park District, M. Reeves, East Bay Regional Park District C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Date:December 11, 2012 Contra Costa County Subject:ADOPT Resolution No. 2012/308 vacating a portion of excess County road right of way, Martinez area. BACKGROUND: In 1953, the California Highway Commission, by Resolution recorded September 9, 1953 in Book 2215 Page 279, relinquished to the County Carquinez Road (formerly State Route 14) between the Crockett and Martinez. Carquinez Road was later renamed Carquinez Scenic Drive and was maintained as a County street. In 1983, the Contra Costa County Board of Supervisors (Board) authorized the indefinite closure of a 1.7-mile section of Carquinez Scenic Drive, due to storm damage. On November 30, 2004, the Board adopted Traffic Resolution No. 2004/4093 approving the closure of the road in order to prevent nighttime criminal activity. The above-described section of Carquinez Scenic Drive is more particularly described in the legal description and map attached as Exhibit A to the attached Resolution. The County no longer requires the right-of-way for the above-described section of Carquinez Scenic Drive for County street purposes. The above-described section of Carquinez Scenic Drive is impassible for vehicle travel, and, for at least the past five years, no County funds have been used to maintain that segment of roadway as a County street. Public Works Department staff concluded there are no known public utility facilities within the above-described section of Carquinez Scenic Drive. East Bay Regional Park District (EBRPD) desires to convert the above-described 1.7-mile section of Carquinez Scenic Drive to a Class I multi-use bicycle/pedestrian trail, and to repair the existing pavement with slope stability improvements (the “Project”). On or about March 13, 2012, the County and EBRPD entered into a memorandum of understanding to define the parties’ respective Project-related obligations. In order to convey an easement to this section of roadway for EBRPD’s Project after the section of roadway is vacated, the County would need to reserve the easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non-vehicular trails for use by the public in, upon, over, and across the above-described section of Carquinez Scenic Drive. Public Works department staff recommend that the Board of Supervisors adopt the attached resolution to vacate the above-described section of Carquinez Scenic Drive, and to reserve the easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non-vehicular trails for use by the public in, upon, over, and across the above-described section of Carquinez Scenic Drive. Public Works Department staff concluded that it can be seen with certainty that there is no possibility that this action may have a significant adverse effect on the environment, CP # 11-08. CONSEQUENCE OF NEGATIVE ACTION: The County would continue to be liable for the above-described section of Carquinez Scenic Drive, which no longer is needed for County street purposes. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Resolution No. 2012/308 Exhibit A Map