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Home My WebLink AboutMINUTES - 11142006 - C.1 Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: L. Dalziel TO: BOARD OF SUPERVISORS Contra' ,�-`��-'-��' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR x _ Costa iow� v_ DATE: November 14, 2006 �os� �~~4 T`9 COUtt' County SUBJECT: Approve the Tennination of an Offer of Dedication of an Excess Portion of Road Right of Way off of Midhill Road, Martinez area. (District II) Project No. 0676-6Q1884 (S&H Code §8334) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND.IUSTIhICATION 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 Cleric, and DIRECT the Public Works Director to arrange for payment of a$25.00 fee to the County Cleric for filing and a$25.00 fee to Comms ty Development for processing of the Notice of Exemption. CONTINUED ON ATTACHMENT: ❑x SIGNATU —� RECOMMENDATION OF COUNTY ADMINISTRATOR REC 1M DATION OF 130A COMMITTEE !/ APPROVE OTHER r SIGNATURE(S): G ACTION OI BOA D )N APPROVED AS RECOMMENDED OTHER .a• VOT OF SUPERVISORS: I HEREBY CERTIFY TI-IATTHIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKLN AND ENTERED ON •V/ UNANIMOUS(ABSENT l� ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Originating Dept.: Public Works(RP) Contact: L.DaLzlel, (313-2223) RB:Id -/ G:\RealProp\2006-Fi1es\BOs&Res 06\130 Right of Way Midhill Rd 1 1-14-06.doc ATTESTED cc: CAO Maintenance(R/P) JOHN CULLEN,CLERK OF THE BOARD OF Records(via R/P) SUPERVISORS Transportation Engineering(via R/P) Engineering Services—T."Torres(via R/P) Accounting(via R/P) County Counsel BY: DEPUTY Community Development Recorder(via(R/P) Applicant(via R/P) SUBJECT: Approve the Termination of an Offer of Dedication of an Excess Portion of Road Right of Way off of Midhill Road, Martinez area. (District 11) DATE: November 14, 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 Martinez area. C. DETERMINE that this termination of an offer of dedication is for an excess right of way of a street or highway not required for street or highway purposes (S&H Code Section 8334). D. FIND 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 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 Parcel"B"of subdivision M.S.272-76 filed April 20, 1977 in Book 54 of Parcel Maps at page 18, Contra Costa County Records. The dedicated roadway area was part of a proposed cul-de-sac that was reconfigured. The excess area only serves the underlying fee owner who would like to build within the dedicated area. CONSEQUENCES OF NEGATIVE ACTION: The property owner's land will be encumbered with a roadway dedication no longer needed. Exhibit A A portion of the Rancho Las Juntas, Contra Costa County, California described as follows: Being all of the "Area dedicated to Contra Costa County" within Parcel `B' of subdivision M.S. 272-76 filed April 20, 1977 in Book 54 of Parcel Maps at page 18, Contra Costa County Records. GADesign\SURVEYS\Exhibit A MS.272-76.doc DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1884 CP NO.: 06-74 ACTIVITY NAME: Midhill Road (.,IPN 16.1-280-030), Martinez area — Termination of Dedication DATE: August 24, 2006 PREPARED BY: Carrie Dovzak 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 terminating an offer of dedication of an excess portion of right of way area (approx. 387 X 26 ft.) on Midhill Road on A.PN 16.1-280-030, to the property owner. Contra Costa County has determined that the right-of-way is no longer required for street or highway purposes. LOCATION: The activity is located at 200 Midhill Road in Unincorporated Contra Costa County, Martinez area. (Figures 1-2). REVIEWED BY: DATE: oZ LChavez P[tie r III APPROVED BY: DATE: �' /Z—ate C mmunity Development Representative CID G:`EngSvc\ENVIRU\RealProp\Midhill Road vacate\DE.doc o 1 N 1c L.I t v ' 1 , 15 x .3' 11 4 I l{LS4? 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IT I - - - - o. p i .✓ v / I .9zI Wo$ - ¢� �jY 00 i8 d't6 - o1'9LI M..00.00.IN , .6'96 3•C t.rL.9N 2 z I O O _ o,,a• IMm 6' _ a O 'B'JB'W y 0'OB O'OLI _ O 6.6' I '•8C•(s rJ I n M.00.1lI - Q tt� I rc� C(N I N.o0.l6n v O O � N6' B"W On I r"1 OYm ZO' P I 91'9:1 /m I MAo.11J 6'/ I O - _ 0.'1 I N B'or 3.Q9CBI011 'J'•LI,a1,ZIN; I u a� 1 Y__ ra I O. HD'17 ZO•W 'm 96 0, �nl dC� a.og ct 99 �/ 'ZZ V Q 19 .6146 <N MARTI 61'[61 8In5156 n o p [� 92Z _- �7 J J O O � f� 0'or 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) 313-2366 Contact Person: Leigh Chavez - Public Works Dept. Project Description, Common Name (if any) and Location: Midhill Road, Martinez Area — Termination of Dedication , Parcel number -APN 161-280-030 - County File#: CP 06-74 The activity consists of terminating an offer of dedication of an excess portion of right of way area (approx. 387X 26 ft.) on Midhill Road on APN 161-280-030, to the property owner. Contra Costa County has determined that the right-of-way is no longer required for street or highway purposes. Project location: The activity is located in the unincorporated Contra Costa County, in the Martinez area. This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ .Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) 7 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: Carrie Dovzak Community Development Dept. $25 Due County Clerk Fee $25 Due G:\EngSvc\ENVIRO\RealProp\Midhill Road_terminate\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) 313-2366 Contact Person: Leigh Chavez - Public Works Dept, Project Description, Common Name (if any) and Location: Midhill Road, Martinez Area — Termination of Dedication , Parcel number -APN 161-280-030 - County File#: CP 06-74 The activity consists of terminating an offer of dedication of an excess portion of right of way area (approx. 387X 26 ft.)on Midhill Road on APN 161-280-030,to the property owner. Contra Costa County has determined that the right-of-way is no longer required for street or highway purposes. Project location: The activity is located in the unincorporated Contra Costa County, in the Martinez area. 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: Carrie Dovzak Community Development Dept. $25 Due County Clerk Fee $25 Due G:\EngSvc\ENVIRO\RealProp\Midhill Road terminate\NOE.doc