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Home My WebLink AboutMINUTES - 10251994 - 1.2 z Recorded at the requesof: Contra Costa County 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 October 25, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 94/ 518 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUBJECT Termination of Offer of Dedication of a Trail Easement on a portion of Lot 94 of Subdivision 7365, W. O. 1837, Oakley 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 trail 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 8333. This termination request is for an Offer of Dedication of a trail easement located in the Oakley area. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference. The date of dedication or acquisition 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, and RESOLUTION NO. 94/ 518 that it is in the best incests of the County and the pubOthat the offered area, 1, 2 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 exemptfrom the California Environmental QualityAct under State CEQA guidelines Section 15061 (b)(3). This Board DIRECTS the Director of Community Develop- ment 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. Orig. Dept.: Public Works (R/P) cc: Public Works Maint (via R/P) lherebyceRiythatthisIsatrueandcorrectcopyof Records (via R/P) ==and taken and entered on the minuteia of the Road Projects (via R/P) ATTBoaESTED° Y r g t st►own. County Counsel PHIL BATCHELOR,Clerk of the Board Community Development Of Supervisors and County Administrator JA-&t; Recorder (via R/P) By V�t. VA ,0"Uty 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 Ironhouse Sanitation District Oakley Water District Oakley Union School District Applicant: Bellecci & Associates Attn.: L. Gossett 2290 Diamond Blvd., Suite 100 Concord, CA 94520 LO C:V45bay.T10 October 6, 1994 • EXHIBIT A LEGAL DESCRIPTION All that real property situate in the County of Contra Costa, State of California, described as follows: A portion of Lot 94 of Subdivision 7365, "California Sunrise", filed November 25, 1991 in Book 359 of Maps at Page 11, Contra Costa County Records described as follows: That portion of said Lot 94 designated on said map (359 M 11) as "Trail Easement". Ey 9TV1 Foel1-Foe��Q . f CAl 69072-I.WL 03!04/94 1, 2 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: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: BAYSIDE WAY - VACATE TRAIL EASEMENT, County File #CP 94-52: The purpose of the activity is to vacate the County's interest in a trail easement located on Assessor's Parcel No. 035-740-094 (Lot 94) in the Oakley area. The area is not maintained by the County and the Transportation Engineering Division of the Public Works Department has determined that the easement is not necessary for present or prospective public purposes. No new parcel will be created as a result of the vacation process. No sale of land is involved. Subject activity is located in a residential area in the east county area of Oakley. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) XX General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class Section The project will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. 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 Applicant: County Public Works Department Department of Fish and Game Fee - Exempt -255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini Form 1024.1B DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 0676-601837 CP NO. ACTIVITY NAME: Bayside Way - Vacate Trail Easement DATE: August 25, 1994 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is to vacate the County's interest in a trail easement located on Assessor's Parcel No. 035-740-094 (Lot 94) in the Oakley area (Figures 2 & 3). The area is not maintained by the County and the Transportation Engineering Division of the Public Works Department has determined that the easement is not necessary for present or prospective public purposes. No new parcel will be created as a result of the vacation process. No sale of land is involved. LOCATION: Bayside Way is located in a residential area in the east county area of Oakley (Figure 1). REVIEWED BY: 5 ickie Germany, Environmental Planner APPROVED BY: 3 �Q DATE: Community Development Representative cAdetermin\bayside.det (form revised 527/93) �j n � •r p ,.� ul �r a 70 C3 Z b z 2 � FIGURE 2 �3 qss 0 L ar 94 4Qo9 359 M 11 4 �) TRAIL EASEMENT PER 359 M 11 10' Lar 93 ,35.E M 11 ��' FIGURE 3 FACING 4760 BAYSIDE WAY R•Y TRAIL. EASEMENT � �.,.,__��_ _. ...... LOT 94 LOT 93