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Home My WebLink AboutMINUTES - 12131994 - 1.2 Recorded at the request of: I Contra Costa County i Return to: Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Lucy Owens THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 13, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 94/ 609 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUBJECT: Termination of Offer of Dedication of a portion of Mrack Road, W. 0. 5181, Danville Area CP NO. 93-82 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 Section 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 a portion of Mrack Road located in Danville. A description and plat map of the offered area to be terminated are attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein by reference. This termination of an offer of dedication is for a portion of Mrack Road which has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the date of this action. (S. & H. Code Section 8333). RESOLUTION NO. 94/ 609 l Page 2 Termination of Offer of Dedication of a portion of Mrack Road, Danville Area. 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 exempt from the California Environmental Quality Act under State CEQA guidelines Section 15061(b)(3). 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. 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. LO Orig. Dept.: Public Works (R/P) cc: Public Works 1 hereby certify that this Is a true and coned copy of an action taken and entered on the minutes of the Design (via R/P) Board of Sup n e date shown. Maint. (via R/P) ATTESTED: M4 PHIL BATCHELOR, Clerk of the Board Records (via R/P) of Supervisors and C unty Administrator Road Projects (via R/P) County Counsel By Deputy Community Development Recorder (via R/P) 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 Contra Costa Water District Applicant: Dudley Frost Associates 506 Altivo Ave. La Selva Beach, CA 95076 C:V45mrack.T11 November 22,1994 1 1,Z Rd. 5225A - Mrack Road Vacation W.O. 5181 Vic. APN 220-080-024 EXHIBIT "A" v Real property in the unincorporated area of Blackhawk, Contra Costa County, California being a portion of Mrack Road dedicated for public use by Subdivision MS 58-80 filed November 21, 1983 in Book 108 of Parcel Maps at page 16, and accepted and declared a County Road July.19, 1984 in Volume 11888 at page 302, Official Records of said County, described as follows: Beginning at the northeast corner of that area shown on the map of Subdivision MS 58-80 (108 PM 16) as "AREA DEDICATED TO CONTRA COSTA COUNTY FOR ROADWAY PURPOSES" also being the northwest corner of Lot 1, Subdivision 7621 filed June 24, 1993 in Book 366 of Maps at page 34; thence from the Point of Beginning, along the west line of Lot 1 (366 M 34), south 0051'18" west 108.05 feet, to the north corner of PARCEL "A", Subdivision 7621 (366 M 34), being on a non- tangent curve concave to the south having a radius of 43.00 feet, a radial to said north corner bears north 12056'12" east; thence leaving the boundary of said PARCEL "A", along the prolongation of said curve, westerly, southwesterly, and southerly 76.61 feet, through a central angle of 102004'53", to a point of cusp with the west right of way line of Mrack Road (11888 O.R. 302); thence along said west line, north 0051'18" east 146.30 feet, to the north line of PARCEL A (108 PM 16); thence along said north line, north 86040'54" east 52.14 feet, to the Point of Beginning. Containing an area of 5,870 square feet (0.135 acre) of land, more or less. 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 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 vacated, including access to protect the property from all hazards in, upon, and over the area herein before described to be vacated. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). LH:jlg c\ex:Mrack.024 November 21, 1994 1 SJDUV13101 7041 1 ; 33 IM 1 J JJ JJJ /I ` N 86°40 54" E — 52.14' NORTH LINE o P.O.B. @NW COR. LOT 1 PARCEL A . SUB 621 (366 M 34), (108 PM 16) ,� ^ o NE COR. AREA DEDICATED TO 0 C.C.000NTY (108 PM 16) WEST LINE MRACK ROAD `-) -H Q _ (11888 OR 302) ��`l1-11 rr H r, 00 _ _ _ Lo 1 JJJJ JR 776 In _rJIMr K w o 55- 0 JR 67 —D co N 12`56'12" E (R) O O PARCEL A z LOT 1 MS 58-08 (108 PM 16) 1 S J � J 1 11 -21 -83 `�' LLl 0 0 - �) —) 66 I�/� J /I O N-) � J -J 4 - 93 APN 220-080-024 "AREA DEDICATED TO CONTRA I Z� COSTA COUNY FOR ROADWAY PURPOSES" PER MS 58-80 _ (108 PM 16) ~ O U w � U (n O O �) Q 0 00 BEARINGS ARE BASED ON 00 600 ) THE CALIFORNIA COORDINATE zo ao SYSTEM ZONE III (CCS 27) UNINCORPOATED ARES OF BLACKHAWK, CONTRA COSTA COUNTY, CALIFORNIA Bryan & Murphy Associates „ „ DRAWN BY: MM DATE:11-17-94 ENGINEERS. PLANNERS .SURVEYORS EXHIBIT CHECKED BY: SCALE: 1”=40' 5000 EXECUTIVE PARKWAY SUITE 125 PLAT TO ACCOMPANY LEGAL DESCRIPTION SAN RAMON CALIFORNIA 94583 JOB NO. 58103 510 867-3380 FAX (510) 867-3388 REF. DWG. LOC. N0. BY DATE REVISIONS ROAD 5225A MRACK RD. VACATION #5781 SHEETof J 1 A.P.N. 220-080-024