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Home My WebLink AboutMINUTES - 12052006 - C.8 (� Recorded at the request of: LJt Contra Costa County ^ Return to: (`"• ' Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: J. Edmunds SEL TO: BOARD OF SUPERVISORS .;.; -__� . Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR r; - Costa DATE: December 5, 2006 `x' ''rA-�asx y County SUBJECT: Approve the Termination of an Offer of Dedication of excess road Right of Way off of Johnston Road, San Ramon area. (District III) [CDD-CP#06-71] Project No. 0676-6Q1883 (S&H Code §8334) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: A. DETERMINE that the proposed termination of an offer of dedication will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061 (b)(3),and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk,and DIRECT the Public Works Director to arrange for payment of a$25.00 fee to the County Clerk for filing and a$25.00 fee toCo unityDev opment for processing of the Notice of Exemption. CONTINUED ON ATTACHMENT: D SIGNATURE: L,/ RECOMMENDATION OF COUNTY ADMINISTRATOR REC71)ATIONdi4 B ARD COMMITTEE r/ APPROVE OTHER SIGNATURE(S): ACTION OF BO N An ie.>'r2h u/DJ" 6 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON V1;&"7-' / _ UNANIMOUS 1;&"7-' ;PA5117GX IV) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Originating Dept.: Public Works(RP) Contact: J.Edmunds, (313-2250) JE: G:\RealProp\JannUohnston Rd\BO Right of Way Johnston Rd 12-05-06.doe ATTESTED cc: CAO �/ 1 Maintenance(WP) JOHN CULLEN,CLERK OF THE BOARD OF Records(via WP) SUPERVISORS Transportation Engineering(via WP) Engineering Services—T.Torres(via RIP) Accounting(via WP) County Counsel BY: DEPUTY Community Development Recorder(via(R/P) Applicant(via WP) SUBJECT: Approve the Termination of an Offer of Dedication of an excess road Right of Way off of Johnston Road, San Ramon area. (District 111) DATE: December 5, 2006 PAGE: 2 of 2 B. DETERMINE 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 66477.2(c)and to Division 9,Part 3, Chapter 4 of the Streets and Highways Code,commencing with Section 8330,et. seq. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference located in the San Ramon area. C. DETERMINE that this termination of an offer of dedication is for excess right of way of a street or highway not required for street or highway purposes (S&H Code Section 8334). D. FIND that considering all facts before it, 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 and that it is in the best interests of the County and the public that the offered area be privately owned and maintained. E. TERMINATE the hereinabove described portion of the offer of dedication and ABANDON the right of the County to accept said offer. The Board is not aware of any existing in place utilities in the subject area. F. DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder. G. DECLARE from and after the date this Board Order is recorded, the offer of dedication is terminated and the County's right to accept offer is abandoned. FISCAL IMPACT: No fiscal impact. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The roadway area was dedicated to the County within Parcels "A" and `B" of subdivision M.S.131-71 filed November 26, 1971 in Book 19 of Parcel Maps at page 35, Contra Costa County Records. The dedicated roadway area was part of a proposed future road widening no longer needed. The excess area on Parcel `B"only serves the underlying fee owner who would like to build within the dedicated area. An existing ten foot wide access easement not associated with this offer on Parcel "A"will be retained by the County for egress and ingress to Parcel "B". CONSEQUENCES OF NEGATIVE ACTION: The property owner's land will be encumbered with a roadway dedication no longer needed. r r, DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO_:- 0676-6Q1883 CP NO.: 06-71 ACTIVITY NAME: 5530 & 5536 Johnston Rd., San Ramon - Termination of an Offer of Dedication DATE: September 8, 2006 PREPARED BY: Trina Torres 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 activity consists of the termination of an Offer of Dedication (approximately 28 ft, wide by 100ft. long) along 5530 (APN205-070-006) and 5536 (APN205-070-005) Johnston Rd. (Fig. 3) Contra Costa County(County) has determined that the offer for dedication is no longer needed and can be terminated and conveyed to the property owners. . A 10-foot wide access easement. will be retained by the County for egress and ingress to APN 205-070-006 from Johnston Road. LOCATION: The activity is located in south Contra Costa County in the unincorporated area of San Ramon (Figs. 1-3). REVIEWED BY: DATE: l Le' Chavez Pi nerr ill t APPROVED BY: DATE: 14 t6' Community Development Representative G:\EngSvc\ENVIRO\RealProp\Johnston Rd.(5530&5536),SR-TermOft\CEQA\ Initial Study-Term portion of OfferDed.doc '3M t O 7% W t4Rt 5 - z �• <; rte. -.�. x y i 'P' ( sK`i't 4 rt � i 2 �'tti.r L Ell CD co c � ~1 O i r.�{s„Y a� � � �T �•� $" C .•' L tt '," �"�(�(��`'J Y �}-lam,/. � � .ay..wi OWD O O - n cD 7 co) i�b-V O 3� 00 - � vui �4?'t�"� aflFAj• ! �ri flty��. 3 '-� . W NZ JV ILL '�1.,�- � � N �, z y< V �"c��.;'!wa'84"�f�.sa Y'R%�i.".a.•'i�} �s` � a Co Z (t m ��'�•�O� t 1 t n+3 � 1. RQ, � pa oy 4 J( F l " #s ��'`- '�..�•-_4--LILL P e 0 c OF O W - V C VO 4 .\5° „�rF i �l .�� n ��s �+�' 3�4 } �'}•°�,r ,,(\ /vIlF V• T co N rr m v ' Pal iQ y ,a x- .fix ra rTs� . , } / f l� aUbnoo V q+v 1 42 4Y^� 03 Q T G d C .f- rw rte. f F-s 3 D o coy Tas ie s�iera � N 0 CD < t' OL "T9 C7 cnz CD m " II T q wwi�� Y•:4 l.a�•! .6 -'!NH NR U n COO U 01 IF I n— Q E r 3 G :::::::::::::::::::::::..........::::::::p gtco) E cn` W 1 � ry 4 ~4: E t rb¢ m 111 p 4� .Fp &: lytn� � 30 N.00O fl C I ml.7C v'Ln d V.A Gn In 74 , rn, m Termination of Offer of Dedication MS1:31-71 (19 PM 35) Exhibit 'A' Being a portion of Section 3, Township 2 South, Range 1 East, Mount Diablo Meridian, Contra Costa County California described:as follows: Being all of the irrevocable offer of dedication to Contra Costa County, accepted for rewarding only, recorded January 5, 1972 in 'book 6557 of Official Records at page 53 being the twenty eight foot (28') strip of land along the west side of Parcels 'A' and 'B' shown as "28" STRIP DEDICATED TO CONTRA COSTA COUNTY' including the additional area necessary for the required twenty foot (20') radius right of way return as shown on Minor Subdivision 131-71 filed November 26, 1971 in Book 19 of Parcel Maps at page 35. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor �ZNQ S�9G Contra Costa County Public Works Department U�� Date: /I/ Z�6 6 Exp.12-31-06 70 No.5999 �T�OF CAL�F�Q G:\Design\SURVEYS\Legals\Exhibits2006\Termination of offer MS131-71 (19-PM 35). 11/02/06 s kp�ati�o3 i :' ' a y 2 �� by 2'iWhW 2oQ h I g��QQpp 2W o ti� � ��heF FsS�• Q ',' i p� Wh Oti.N°� Wp O I.W C,bZ V VW p \ F`��CvW 22h�0 hP t9 I Ih. WRQ �Q W 44p� . W. hpe�0 �Q p k °p Nli'zi-I.n �U� W I W h \ hk 2 lW pZ44 Z N Q2 h V hmRNW hW�4�p �W 1SY31 h OjF v tinh ti%,WtiU m ,OOr£j Qo o LQeu p� ��ro ti � 2��42ti!^ 2 �tiR O y Qh h Q NO DW�.41 Z?� h --4Q W , F�W�+jWo� h o i-•�'� m° 2^ °� ° h �. QQ WOE O �m v Z�j`2Wah�42 W n ZW ' �hiz h FY 0 6 } P u 91 00 V KWh o 1.'W;ll I�m F 69�' ' X00'. VI a h2W jqN p0 e l) mh Irh C h � F��Q o PZ i V tt V h�, We N O nl nt �llzt Ny.00 gOi - 44 h 0006.�BIV14 h ZO- I1 p Z hV to 2 i k p hQ y 2 o g Y1 /[♦ W p Wk4 10 Q h£ j VWZa�P .ZL'%S/ 9.OYSi.LBN I e 4i� 4 W N W W �,�; N •' ,q9 Z/ ..Y 0 0 O �t ZW� E� Z o ty QQh �4 g � OW �b ZKQW�� lu hp \w,ti p{ p NC0, h t� o WQ3hti �� h 'R�4 zz�` � ��o W H Q �( q o � , :F, w Wad oR° m Rl vhf Zp� Z . Q 4 N v toy 4 QPh O 4 0 40 _ Z m Q\4 Q m / q h W4 N � p h �4 t � p I/ 'Zip,O I N "1 ul Q Q Z Z UUm v SVP � O� t o m LE.Z8N�1 I dy�m �6p'00/ 9n00, �,6E'%b� ��h Z Lg 6/l 2 s 7717 y1so�Ie Y _ — /VOISNNO/�_ ' yg1ND701.070390 d/t11S 0I...._._ � �dL�� oO,LE=¢eN a1� O d 0Y 16 b°/9,•OO,L Se ZB/V 26.19—{{Vll CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice ®f Exempti®n Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien_Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2366 Contact Person: Leigh Chavez, Planner III - Public Works Dept. Project Title, Description, Common Name (if any) and Location: 5530 & 5536 Johnston Road, San Ramon — Termination of an Offer of Dedication, Project No. 0676-6Q1883 County File CP#06-71 Project Description: The activity consists of the termination of an Offerof Dedication(approximately 28 ft. wide by 100 ft. long) along 5530 (APN 205-070-006) and 5536 (APN 205-070-005) Johnston Rd. Contra Costa County (County) has determined that the offerfor dedication is no longer needed and can be terminated and conveyed to the property owners. A 1-0-foot wide access easement will be retained by the County for egress and ingress to APN 205-070-006 from Johnston Road. Project Location: The activity is located in south Contra Costa County in the unincorporated area of San Ramon. This project is exempt from CEQA as a: ❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability[Section 15061(b)(3)] for the following reason(s): 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_POSTIN"G declare that on I received and_ posted this notice as required by California Public Resources Code Section 21152(c). Said noticevoll remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department ❑ EIR-$850 Total Due. $50.00 255 Glacier Drive ❑ Neg. Dec.-$1,250 Total Paid $ Martinez,CA 94553 ❑ DeMinimis Findings-$0 Attn: Trina Torres County Clerk -$25 Receipt-#- PWD-Enviro n mental Section ® Community Development Dept. -$25 G:\EnoSvc\ENVIRO\RealProp\Johnston Rd.(5530&5536),SR-TermOMCMAWOElioc Updated July 21,2006 CALIFORNIA ENVIRONMENTAL QUALITY ACT M Notice ®f Exempti®n Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2366 Contact Person: Leigh Chavez, Planner-Ill - Public Works Dept. Project Title, Description, Common Name (if any) and Location: 5530 & 5536 Johnston Road,-San-Ramon— Termination of an Offer of Dedication, Project No. 0676-6Q1883 County File CP# 06-71 Project Description: The activity consists of the termination of an Offer of Dedication (approximately 28 ft wide-by 900 ft. long) along 5530 (APN 205-070-006) and 5536 (APN 205-070-005) Johnston Rd. Contra Costa County (County) has determined that the offer for dedication is no longer needed and can be terminated and conveyed to the property owners. A 10-foot wide access easement will be. retained by the County for egress and ingress to APN 205-070-006 from Johnston Road. Project Location: The activity is located in south Contra Costa County in the unincorporated area of San Ramon. This project is exempt from CEQA as a: ❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability[Section 15061(b)(3)] for the following reason(s): 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 declare that on 1 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: Department of Fish and Game Fees Due Public Works Department ❑ EIR-$850 Total Due: $ 50.00 255 Glacier Drive ❑ Neg. Dec.-$1,250 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: Trina Torres ® County Clerk-$25 Receipt#: PWD-Environmental Section ® Community Development Dept. -$25 G: r+gSvc\ENVIRO\RealProp\Johnston Rd:(5530&5536),SR-TermOff\CEQA\NOE.doc Updated July 21,2006