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Home My WebLink AboutMINUTES - 02282006 - C.3 CO 'S gr.AL TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa g;h -; ,; _. ►;4 DATE: February 28, 2006 �ti�4 CUt�c� County SUBJECT: ADOPT a Resolution to summarily vacate an excess portion of Highland Blvd.,Kensington area. District I. [CP# 05-49:1 Project No. 0676-6Q1878 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)K BACKGROUND AND JUSTIFICATION Recommended Action: A. DETERMINE that the proposed vacation 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 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 a $25.00 fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. This Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that this proposed vacation is exempt from general plan conformance review. B. ADOPT a Resolution to summarily vacate an excess portion of Highland Boulevard not required for street or highway purposes, .Kensington area. C. DIRECT the Real Property Division to record a certified copy of the Resolution in the office of the County Recorder. o Financial lmpact: None Continued on Attachment: X SIGNATURE —ME COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,.APPROVE OTHER SICNATl1RE(S): / ACTION OF BO )ON 7'wQyPROVI;D AS RECOMMENDED_JZ OTHER VO'TESUPER ISORS �� UNANIM0US(ABSENT) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the LAD:eh date shown. G:\(-irpData\Rcal1'rop\2006-Files\BOs K Res 06\130 Highland Vacation.doc _ `y Orig.Div: Public Works(R/P) AT"I'ESTED: �60 art -0-4,0_404 Comact: L..Dalziel(313-2'_23) JOHN SWEETEN.Clerk o'tl Board or cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) Accounting By Deputy Recorder(via R/P) 11.I-i.C'DD T.Torres,En'-.Svcs.–Enviro. 1.Bergeron,Computer Services SUBJECT: ADOPT Resolution to summarily vacate an excess portion of Highland Blvd., Kensington area. District 1. [CP# 05-49] Project No. 0676-6Q1878. DATE: February 28, 2006 PAGE: 2 Reasons for Recommendations and Background: An excess portion oi'right of way area(approximately 20 ft.x 96.5 ft)on Highland Boulevard is no longer required for street or highway purposes. Consequences of Negative Action: The County may be responsible for the maintenance of this area. Recorded at the request of: Contra Costa County Public Works Department Return to: Contra Costa County Real Property Division 255 Glacier.Drive Martinez, CA 94553 Attention: L. Dalziel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 28, 2006, by the following vote: AYES: SUPERVISORS PIEPHO, DeSAULNIER, GLOVER, GIOI.A NONE: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN: NONE RESOLUTION NO. 2006/ Q/ (S. &H. Code § 8330, et seq.) SUBJECT: ADOPT Resolution No. 2006/ g/ approving the summary vacation of an excess portion of Highland Boulevard not required for street or highway purposes [CP# 05-49] Kensington area(District I) Project No. 0676-6Q1878. The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of an excess right of way of a street or highway no longer required for street or highway purposes, is made pursuant to Division 9,Part 3,Chapter 4 of the Streets and Highways Code,commencing with Section 8330, et. seq. A description of the portion to be vacated is attached hereto as Exhibit "A" and incorporated herein by reference. This vacation request is for an excess right of way for a street or highway no longer required for street or highway purposes. (S. & H. Code Section 8334). LAD:eh I hereby certify that this is a true and correct G:\GrpUata\RcalProp\200()-Piles\Bos&Res 06\131Z Highland Vacation.doc: copy of an action taken and entered on the orig. Dept.: Pu Con tact: Lisa Dalziel (3313-213-2 223)Public Works minutes of the Board of Supervisors on the Recording to be completed by Real Property date shown. cc: Public Works Maintenance(via IUP) ATTESTED: ��O yYt'Qiy �a 4f.A4Ld4 Records(via R/P) JOHN SWEETEN, Clerk oft pard of 'Transportation Engineering(via R/P) Engineering Services—T.Tones(via R/P) Supervisors and County Administrator Accounting(via R/I') I.Bergeron,Computer Services County Counsel By Deputy Community Development—1-1.Li Recorder(via R/P) Et3MUD,Land Management Div. Thomas 13rothers Maps Pacific Gas and Electric,Attn: Land Department Pacific Bell,Attn: R/W Dept.,2600 Canino Ramon,Rm.3N8501,San Ramon,CA 94583 Contra Costa Water District Applicant: Thomas E.I lo'Okano,Esq. 44 Montgomery Street,Ste. 1300 San Francisco,CA 94104 RESOLUTION NO. 2006// SUBJECT: ADOPT a Resolution to summarily vacate an excess portion of Highland Boulevard, Kensington area. District I. Project No. 0676-6Q1878 DATE: February 28, 2006 PAGE: 2 This Board hereby FINDS that the proposed vacation 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 pursuant to Article 5, Section 15061 (b)(3)and 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 a $25.00 fee to the County Clerk for filing and a$25.00 fee to Community Development for processing of the Notice of Exemption. This Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that this proposed vacation is exempt frorn general plan conformance review. This Board declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit"A". From and after the date this Resolution is recorded, the portion vacated no longer constitutes a public highway. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. RESOLUTION NO. 2006/ 9/ Highland Blvd. Partial Vacation Drawing No. A1655AK-2006 EXHIBIT "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Highland Boulevard as shown on the map entitled "Berkeley Highlands Terrace" filed January 28, 1914 in Book 11 of Maps at Page 252, Contra Costa County records, described as follows: Beginning at the western corner common to Parcels B and C as shown on the map of Minor Subdivision 83-63, filed July 17, 1964 in Book 29 of Licensed Surveyors' Maps at Page 7, Contra Costa County records, said point also being on the northeasterly right of way line of Highland Boulevard as shown on said "Berkeley Highlands Terrace" map (11 M 252); thence southeasterly along said northeasterly right of way line, south 26012'00" east 93.74 feet to the most southerly corner of that parcel described in the deed from Eugene J. Lorincz to Carl Maynard Briggs and Anna A. Briggs recorded January 25, 1979 in Book 9200 of Official Records at Page 671, Contra County Records, said point also being the northeasterly corner of the portion of Highland Boulevard abandoned in the document recorded September 22, 1964 in Book 4707 of Official Records at Page 679; thence leaving said right of way line, and along the northerly line of said abandoned portion of Highland Boulevard (4707 OR 679), south 48046'00" west 20.71 feet to a point 20.00 feet southwesterly of, as measured perpendicular to, said northeasterly right of way line; thence leaving said northerly line and parallel with said northeasterly right of way line, north 26°12'00" west 99.27 feet to a point on the westerly prolongation of the northerly line of said Parcel C (29 LSM 7); thence along said prolongated line, north 64°15'54" east, 20.00 feet to the point of beginning. Containing an area of 1930 square feet 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. Exhibit "B" attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professio and Surve ors Act. Signature: ' �� iNQQ Licensed Land Surveyor Contra Costa County Public Works 31• Eq.12-�i-06 � Date: ` No.'999 G:\GrpData\Design\SURVEYS\Legals\Exhibits2005\Highland Blvd Vacation W01878.doc FO ET:rz 2/6/2006 EXHIBIT "B" TYLER 2005-158896 PCL"B" s 29 LSM 7 X01. �2p• rno �?. 252 o: Nr �5 ' Sa1 � mo POB LORINCZ 00 1999-258350 �N PCT_,"C" 29 LSM 7 50• 6, JQ o= poi a�O o LIPSCOMB / 11800 OR 586 ,?A `�Q) \ fd � Abandoned SCALE: 1" = 40' 4707 OR 679 9/22/64 AREA VACA'T'ED 1930 SQ. ],-F.± CAD FILE RWI87805.dgn CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT MARTINEZ CALIFORNIA ROAD NO. 1655AK R/W VACATED BY COUNTY PARTIAL VACATION HIGHLAND BLVD Instr SCALE 1" = 40' DATE 2/1/2006 DRAWN BY ET FILE No. Recorded Series CHECKED BY RZ A1655AK-2006 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1878 CP NO.: 05 - 49 ACTIVITY NAME: Highland Boulevard (County Road 1655) - Summary Vacation DATE: December 27, 2005 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 a summary vacation of right-of-way (approximately 20ft. x 96.5 ft.) on Highland Boulevard (County Rd, 1655) adjacent to the west side of APN572-050-024 (Fig. 3). The County has determined that this right-of-way is no longer needed and can be vacated. LOCATION: The activity is located in west Contra Costa County in the unincorporated area of Kensington (Figs. 1-3). REVIEWED BY: DATE: Leigh Chavez Planner III APPROVED BY: DATE: Community Development Representative G:\GrpData\EngSvc\ENVIRO\RealProp\Highland Blvd.(County Rd. 1655)\Initial Study.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBriien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2176 Contact Person: Trina Torres - Public Works Dept. Project Description, Common Name (if any) and Location: Highland Boulevard (County Road 1655) —Summary Vacation, County File#: CP 05-49 Project Description: The activity consists of a summary vacation of right-of-way (approximately 20 ft. x 96. 5 ft.) on Highland Boulevard (County Rd. 1655) adjacent to the west side of AP1V 572-050-024. The County has determined that this right-of-way is no longer needed and can be vacated. Project location: The activity is located in west Contra Costa County in the unincorporated area of Kensington This project is exempt from CEQA as a: — Ministerial Project (Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project (Sec. 15269(b) or (c)) — Categorical Exemption, 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 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 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIRO\RealProp\Highland Blvd. (County Rd. 1655)\CEQA\NOE.doc 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: (925) 313-2176 Contact Person: Trina Torres - Public Works Dept. Project Description, Common Name(if any) and Location: Highland Boulevard (County Road 1655) -Summary Vacation, County File#: CP 05-49 Project Description: The activity consists of a summary vacation of right-of-way (approximately 20 ft. x 96. 5 ft.)on Highland Boulevard (County Rd. 1655) adjacent to the west side of APIV 572-050-024. The County has determined that this right-of-way is no longer needed and can be vacated. Project location: The activity is located in west Contra Costa County in the unincorporated area of Kensington This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section _ Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) _ Categorical Exemption, 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 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 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIRO\RealProp\Highland Blvd. (County Rd. 1655)\CEQA\NOE.doc - ' .:... .. .. .. :.. cn CD CD •r('I NCD CD oO (Q p .2. cn CD Nl C1 C1 - U Q CL - 1 < . _ Ar ti Co CL ,,tA`csr =t,t` O V I Oip e ZVI cc w.; 1 1 E. I : .. •�. �':..;.., fir:.. .v g:,''.:'.:.', iii'-• ,;;a:�=�.��;.��:� _ �:' .� �.•✓:,:... ... ...:...... .:.: ,i 'Tt'N y yyqq r F 0 411 jj��j d - N ONO. �N - oa 0 . ..... n� . �N. m.. :. �0 .:. . �� n .,:.. na 1y a�0.: . 'NO . , d:. �1dW od8 .:'.:.,.::. O �p10�n v O,Q��cc ib gd �.• :, ... ...•::a,.. ...:.... - .:::: :�.,. : ,gyp'.. .'• .,. .- � .. ........:: ::` .;.•::::.. . : �;.;.:.,: s,:,; : :. : �� ,: WVNO, d �..,;. Indy_.... .::::;' vo V9 °dein b. ::. NdS :: :: 3.:. \Y�. ....: O'Rid0 0 :. ....::. ::.:::. S. :::.:...:...:..:....._... ��`� ;:. fid. SANTA FE {.... G oSNd ;. �z m ,<,, z AVON CD N d�� mom.:._.. .... � ,� NVOGO o z z N r Rw 000 BE aR�a I RLY O _ O y o d0_........ 0 -...p r �d YOR 0 FAQ WINDSOR y _.. .... z d Nol �N m ...ys r r m cn F CD d CD '-3 � �i L►N z CD _ W(1�°0 z m 3. o dje -1 CD U) 0 C) 0 ... �-AO m r cn to �y 0 O�` N rn :: � ZZir3 O 3� A nClZ : =..ls{x:: o a 0-4 n ' mn 5 Ln ti z o° m 4. =C a 4 0 cc N r'' R0g0 • KENYON N70't a CaCOGo 7fi ON!J9 —„—_ — 1462> S26•q'C 60 60 I'•Rx' Z W S25•!2t K'S.Sa 6c.l1 71.44 (' 7D.ib B).O6 N2o•1Px � Ib 7 2o;.us O 1 � \ d � F N O \ 62 04.DJ 1 w y aPNC \ 5 1 t ?4 pM 1 FO m ,.pw 1G? � Po O "'t 0 $ �t jy4 F Av� tPPN�tE RO�t 108 Oct ` 5,, LP � o oY O O A O to n � H 2 fi .G p .n Highland Blvd. Partial Vacation Drawing No. A1655AK-2006 EXHIBIT "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Highland Boulevard as shown on the map entitled "Berkeley Highlands Terrace" filed January 28, 1914 in Book 11 of Maps at Page 252, Contra Costa County records, described as follows: Beginning at the western corner common to Parcels B and C as shown on the map of Minor Subdivision 83-63, filed July 17, 1964 in Book 29 of Licensed Surveyors' Maps at Page 7, Contra Costa County records, said point also being on the northeasterly right of way line of Highland Boulevard as shown on said "Berkeley Highlands Terrace" map (11 M 252); thence southeasterly along said northeasterly right of way line, south 26°12'00" east 93.74 feet to the most southerly corner of that parcel described in the deed from Eugene J. Lorincz to Carl Maynard Briggs and Anna A. Briggs recorded January 25, 1979 in Book 9200 of Official Records at Page 671, Contra County Records, said point also being the northeasterly corner of the portion of Highland Boulevard abandoned in the document recorded September 22, 1964 in Book 4707 of Official Records at Page 679; thence leaving said right of way line, and along the northerly line of said abandoned portion of Highland Boulevard (4707 OR 679), south 48°46'00" west 20.71 feet to a point.20.00 feet southwesterly of, as measured perpendicular to, said northeasterly right of way line; thence leaving said northerly line and parallel with said northeasterly right of way line, north 26°12'00" west 99.27 feet to a point on the westerly prolongation of the northerly line of said Parcel C (29 LSM 7); thence along said prolongated line, north 64°15'54" east, 20.00 feet to the point of beginning. Containing an area of 1930 square feet 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. Exhibit "B" attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professio and Surve ort. Signature:= DL — DL O`�,�ys�•i / y1w- Licensed Land Surveyor Contra Costa County Public Works Exp.12-31-06 Date: 2/ � �0 6 No.5999 G:\GrpData\Design\SURVEYS\Legals\Exhibits2005\Highland Blvd Vacation W01878.doc FO,�,1,, . ET:rc 2/6/2006 EXHIBIT "B" TYLER 2005-158896 PCL"B" s 29 LSM 7 -J"2 'E 5A 0, CD' ro M 0 POB LORINCZ 1999-258350 PCL"C" pp J'�, 29 LSM 7 LIPSCOMB 11800 OR 586 d � Abandoned SCALE: 1" = 40' 4707 OR 679 9/22/64 AREA VACATED 1930 SQ. lq.± CAD FILE RWI87805dgn CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT MARTINEZ CALIFORNIA ROAD NO. 1655AK RAW VACATED BY COUNTY PARTIAL VACATION HIGHLAND BLVD Instr SCALE 1" = 40' DATE 2/1/2006 DRAWN BY ET FILE NO. Recorded Series ° CHECKED BY RZ A1655AK-2006