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HomeMy WebLinkAboutMINUTES - 01231996 - C4 a , Recorded at the request of: Contra Costa County ' C 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 January 23, 1996, by the following vote: AYES: SUPERVISORS ROGERS, BISHOP, DESAULNIER, TORLAKSON, SNITH NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 96119 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUBJECT: Termination of Offer of Dedication of a Portion Parcel "A", MS 40-80, W. O. 1839, Alamo 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 Section 7050 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 Parcel "A" in MS 40-80 located in Alamo. 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 This termination request is based on the fact that the street or highway has been superseded by relocation (S. & H. Code Section 8330). RESOLUTION NO. 96/ 19 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. The Board reviewed and approved the EIR for the Stonebridge Creek Estates project (1992) on November 2, 1993. It is clearly the intent of the EIR to supersede the offered right of way with a road that has undergone environmental review and approval. The Notice of Determination was filed with the County Clerk on November 3, 1993. 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 Ihereby cnrtWthat this isatroeAnd conectcopYof an action taken end entered on the minutes of the Maint. (via R/P) Board of supervisors on the date shown. Records (via R/P) ATi'WM' JANUARY 23. _1996 PHIL BATCHELOR,clerk of the Board Road Projects (via R/P) of superAwm and County Administrator County Counsel Community Development Recorder (via R/P) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell 401 Lennon Ln., Walnut Creek, CA 94598 Contra Costa Water District West Contra Costa Sanitary District Walnut Creek School District Applicant: Martin L. Sherman, Jr. c/o Charles A. Klinge Gagen, McCoy, McMahon &Armstrong 279 Front Street, Danville, CA 94526 Lo G:reaipropttemp\V457 Jan 2,1996 RESOLUTION NO. 96/19 Rd. 4234A- Livorna Rd. Vacation Terminate Offer of Dedication Portion PARCEL "A", MS 40-80 (98PM42) Portion APN 193-180-007 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, lying in Section 5, Township 1 South, Range 1 West, Mount Diablo Meridian, and being a portion of PARCEL °A" shown on the map of Subdivision MS 40-80 filed December 4, 1981 in Book 98 at page 42, Parcel Maps of said County, further described as follows: All of that portion of PARCEL °A" shown on said map (98 PM 42) as "AREA DEDICATED TO CONTRA COSTA COUNTY FOR ROADWAY PURPOSES." 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. This real property description has been prepared by me or under my direction, in conformance with A-4- the Professional Land Survenr K:Signature.. LicnseLandSurveyor J�, ZWEy���'1� Contra Costa County Public Works Exp. Date: -Z — Na 5999 LH:jlg g:\clerical\exhibits\Livorn.vac January 9, 1996 1