HomeMy WebLinkAboutMINUTES - 10061992 - 1.29 Recorded at the request of: 1.29
Contra Costa County
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Public Works Department
Real Property Division
255 Glacier Drive
Martinez CA 94553
Attention: L. Lucy Owens
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 6, 1992, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 92/_.t69
Resolution of Termination of
Offer of Dedication
(S. & H. Code § 8335)
SUBJECT: Termination of Offer of Dedication of a portion of Lot J in Subdivision
7106, Vacation No. 2086, W. O. 1828, Discovery Bay Area.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Termination of an Offer of Dedication of a portion of a public service
easement which is no longer required for public use, is made 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 8333.
This termination request is for an Offer of Dedication of a portion of a public
service easement located in Discovery Bay. A description of the offered area to be
terminated is attached hereto as Exhibit "A" and incorporated herein by reference.
This termination request is based on the fact that the date of dedication is less
than five years, and more than one year, immediately preceding the proposed vacation,
and the easement was not used continuously since that date. (S. H. Code Section 8333).
Considering all facts before it,this Board FINDS there is no reasonable probability
that the County will accept the offered public service easement for maintenance, that no
public money has been expended for maintenance of the offered public service
easement, 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. 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/ 669
v
This Board hereby TERMINATES the hereinabove described offer of dedication
and ABANDONS the right of the County to accept said offer.
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)
Contact: Lucy Owens (313-2229)
cc: Public Works 4 hereby certify that this is a true and correct copy�t
Maint. (via R/P) tin action taken and entered on the minutes of the
Records (via R/P) `--ioard of supe._ the date shown,
ATTESTED: "d199d ,
Road Projects (via R/P)
PHIL BATCHELOR,Clerk of the Board
County Counsel of Supermore ara! Administrator
Community Development .
Recorder (via R/P) By : -cep" '
EBMUD, Land Management Div.
Thomas Brothers Maps
Pacific Gas and Electric
Attn: Land Department
Pacific Bell
Attn: Buck Keith, 401 Lennon Ln., Walnut Creek, CA 94598
Oakley County Water District
Applicant: Hofmann Co.
1380 Galaxy Way
Concord, CA 94522
Attn.: John Nejedly
LO
C:V451otj.T7
July 13, 1992
June 17, 1992
PROP/1-39
"EXHIBIT A"
LEGAL DESCRIPTION
REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA,COUNTY OF CONTRA COSTA,
AND DESCRIBED AS'FOLLOWS:
PARCEL ONE:
BEING A PORTION OF LOT "J", SUBDIVISION 7106, "DISCOVERY BAY", AS RECORDED
IN BOOK 334 OF MAPS, PAGE 39, IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, WITH THE BASIS OF BEARING
BEING THE SOUTHERLY LINE OF LOT "L" OF SAID SUBDIVISION BEING N89012'29W"
FOR THE PURPOSE OF THIS DESCRIPTION, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY CORNER OF LOT 39 OF SAID SUBDIVISION; THENCE
S66044'55"E, 22.14' ALONG THE SOUTHWESTERLY LINE OF SAID LOT 39; THENCE
S79°15'36"W,29.07'TO THE EASTERLY LINE OF SAID LOT"L";THENCE N30007'35"E,
16.37' ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
RESERVING THEREFROM: PURSUANT TO THE PROVISIONS OF SECTION 8340 OF THE
STREETS AND HIGHWAYS CODE, THE EASEMENT AND RIGHT AT ANY TIME, OR FROM
TIME TO TIME, TO 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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EXPIRES 6.30.95
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