HomeMy WebLinkAboutMINUTES - 01071992 - 1.2A r �
Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Real Property Division
255 Glacier Drive
Martinez CA 94553
Attention: L. Owens
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 7, 1992, by the following vote:
AYES: Supervisors Fallen, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 92/ 5
Resolution of Termination of
Offer of Dedication
(S. & H. Code § 8335)
SUBJECT: Termination of Offer of Dedication of a Portion of Third Avenue,
No. 2079, W. O. 1823, Crockett Area.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Termination of an Offer of Dedication of a certain excess right of way not
required for road purposes, is made pursuant to Government Code 66477.2(c) and to
Division 9, Part 3, Chapter 4 of the Streets and Highways. Code, commencing with
Section 8330.
This termination request is for an Offer of Dedication of an excess portion of Third
Avenue located in Crockett area. A description of the offered area to be terminated is
attached hereto as Exhibit "A" and incorporated herein by reference.
This termination 'request is for an excess right of way of a street not required for
street purposes. (S. & H. Code Section 8334).
Considering all facts before it, this Board FINDS there is no reasonable probability
that the 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.
This Board hereby FINDS that the proposed termination will not have a significant
effect on the environment, and that it has been determined to be categorically exempt
from the California Environmental Quality Act under State CEQA Guidelines Section
15305. The proposed termination is part of a sale of surplus government property not
located in an area of statewide, regional or areawide concern and this Board DIRECTS
the Director of Community Development to file a Notice of Exemption with the County
Clerk and DIRECTS the Public Works Director to arrange for payment of the $25.00
handling fee to the County Clerk for filing of the Notice of Exemption. The Planning
Commission having filed its general plan report concerning this proposed termination and
this Board having considered the general plan, FINDS pursuant to Government Code
Section 65402 that this proposed vacation is in conformance with the general plan.
RESOLUTION NO. 92/ 5
1
This Board hereby TERMINATES the hereinabove described offer of dedication
and ABANDONS the right of the County to accept said offer. The Board is not aware of
any existing in place utilities in the subject area.
The Real Property Division is ORDERED to record a certified copy of this
Resolution in the office of the County Recorder.
From and after the date this resolution is recorded, the offer of dedication is
terminated and the County's right to accept offer is abandoned.
Orig. Dept.: Public Works (R/P)
cc: Public Works
Maint. (via R/P) I hereby certify that this is a true and correct copy of
Records via R/P an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Road Projects (via R/P) ATTESTED: J A N 7 1992
County Counsel PHIL BATCHELOR,Clerk of the Board
Community Development of Supervisors and Co u ty Administrator
Recorder (via R/P) '
EBMUD, Land Management Div. 3y 'Deputy
Thomas Brothers Maps
Pacific Gas and Electric
Attn: Land Department
Pacific Bell
Attn: Buck Keith, 401 Lennon Ln., Walnut Creek, CA 94598
West Contra Costa Sanitary District
Applicant: John J. & Patrick L. Egan, P.O. Box 941, Benicia, CA 94510
RB:rs
C:V453.T12
December 12, 1991
RESOLUTION NO. 92/ 5
V
Third Avenue
Vacation
Drawing A-2295Y-91
Parcel B
Exhibit "A"
A portion of Third Avenue as shown on the map of the Town of Valona, Contra Costa County filed
April 15, 1887 in Map Book E at page 117, records of said County, described as follows:
Commencing at the northeast corner of Lot 1, Block 20, as shown on said map (E M 117); thence
east along the easterly prolongation of the southerly line of Francis Street 25.00 feet to the point of
beginning; thence continuing along said prolongation east 25.00 feet to a point on the westerly line
of the Carquinez School District-as described in the deed from Thomas R. Hanna and Wanda Muir
Hanna, to the School District, recorded February 3, 1923 in Volume 439 of Deeds, at page 1,
records of said County; thence along said line south 200.00 feet; thence leaving said line, westerly
along the easterly prolongation of the northerly line of Rose Street 25.00 feet; thence leaving said
line north 200.00 feet to the point of beginning.
Containing an area of 5,000 square feet of land, more or less.
RESERVING THEREFROM: Pursuant to the provision of Section 8340 of the Streets and Highways
Code, the easement ands,right at any time, or from time to time, to construct, enlarge, maintain,
operate, replace, remove,':and renew those existing and in place utilities, as of the date of recording
this instrument, in, upon, over and across any highway or part thereof proposed to be abandoned,
including access to protect the property from all hazards in, upon, and over the area herein before
described to be abandoned.
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ROAD NO.2295Y
THIRD AVE.
VACATION
VACATION BY COUNTY BETWEEN ROSE & FRANCIS ST.
I 5ca►e f" = 40' Date OCT. 1991
Instr. prawn By K.T. File No.
Recorded Vol. Page. Checked By R.i. /�'"�295 i ql
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone• (415) 646-2035 Contact Person: Dennis M. Barry
Project Description, Common Name (if any) and Location:
See Attachment A.
This project is exempt from CEGA as a:
Ministerial Project (Sec. 15268) — Other Statutory Exemption, Section
Declared Emergency (Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3))
Emergency Project (Sec. 15269(b) or (0)
xx Categorical Exemption, Class 5 Section 15305
for the following reason(s):
The project will not have a significant effect on the environment. The purpose of the project is to
vacate the County's interest in -a section of Third Avenue that is, not necessary for present or
prospective road purposes. This area will revert to acreage, in accordance with the Subdivision
Map Act (Sec. 66499.11 through 66499.70.3/4). Parcel A will revert back to the fee simple
property owners, while Parcel B remains under the ownership of the Carquinez School District.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Department of Fish and Game Fee - Exempt
County Clerk Fee $25 Due Receipt
Attachment A
VACATION OF THIRD AVENUE. CROCKETT County File #CP 91-63: Project consists of vacating
a section of Third Avenue roadway that is not needed for public purposes. Subject vacation
consists of a section of Third Avenue between Rose Street and Francis Street in front of Assessor's
Parcel No. 354-178-005 and 006, in the Crockett area. Frances Street dead-ends to the west at
Second Street, so it is actually non-existent between Second and Third Streets. This area is a deep
ravine. Directly east of Third Avenue, the ground drops sharply for several hundred feet to the
school property below. The area to be vacated is a strip land 50 feet in width and 200 feet in
length the westerly line of which is described as follows:
Parcel A: A portion of Third Avenue described in said Deed (358 O.R. 33) being the easterly line
of Lot 1 and the easterly line of Lot 8, Block 20, E M 117, bounded on the north by the southerly
line of Francis Street and bounded on the south by the northerly line of Rose Street. Containing
an area of 5,000 square feet of land more or less.
Parcel B: Commencing at the northeast corner of Lot 1, Block 20, as shown on said map (E M
117); thence east along the easterly prolongation of the southerly line of Francis Street 25.00 feet
to the point of beginning; thence continuing along said prolongation east 25.00 feet to a point on
the westerly line of the Carquinez School District as described in the deed from Thomas R. Hanna
and Wanda Muir Hanna to the School District, recorded February 3, 1923 in Volume 439 of Deeds,
at page 1 , records of said County; thence along said line south 200.00 feet; thence leaving said
line, westerly along the easterly prolongation of the northerly line of Rose Street 25.00 feet; thence
leaving said line north 200.00 feet to the point of beginning. Containing an area of 5,000 square
feet of land, more or less.