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HomeMy WebLinkAboutMINUTES - 10061992 - 1.29 Recorded at the request of: 1.29 Contra Costa County Return to: 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. \�A N D SUS \,tS SE v z o. 5186 EXPIRES 6.30.95 P �TgTF OF CAS\F���� T PLD.7.99