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Home My WebLink AboutMINUTES - 01152008 - C.6 SE .......... TO: BOARD OF SUPERVISORS ? ; - � on ra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: January 15, 2008 °°s '66- O `PCounty � SUBJECT: DETERMINE that the proposed vacation of excess public utility easements is not subject to the California Environmental Act(CEQA),DETERMINE that the this proposed summary vacation is no longer required for public utility easement purposes, Danville area. (District III) [CDD-CP#07-51] Project No. 0676-6Q1871 (S&H Code §8334) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. DETERMINE that the proposed vacation of public utility easements 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 $50.00 fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. B. DETERMINE that this summary vacation of excess public utility easements are no longer required for utility purposes is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330,et.seq. A description of the areas to be vacated is attached hereto as Exhibit"A"and shown as Exhibit`B"and incorporated herein by reference. Continued on Attachment: X SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR ROMMENDATION OF BOARD COMMITTEE ✓APPROVEOTHER SIGNATURE(S): ACTION OF BOAVD ON APPROVED AS RECOMMENDED OTHER VOT OF SUPERV SORS UNANIMOUS(ABSENT) AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ABSENT: ABSTAIN: ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. RDB:CS:sr G:\RealProp\Board Orders\2008\01-15-08 BO-Abandon PUE's.doc Orig.Div: Public Works(R/P) ATTESTED: Contact: C.Sousa(313-2252) JOC LLEN,CLE$&OF THff BOARD OF cc: County Administrator SU ER SOBS Auditor-Controller Recorder(via R/P) BY —DEPUTY T.Torres,Eng.Svcs.–Environ. I.Bergeron,Computer Services Community Development,J.Ring-Reeves Applicant(via RIP) SUBJECT: Determine that the proposed vacation of excess utility easements is not subject to the California Environmental Act (CEQA), DETERMINE that this proposed summary vacation is no longer required for public utility easement purposes, Danville area. (District III) [CDD-CP#07-51] Project No. 0676-6Q1871 DATE: January 15, 2008 PAGE: 2 of 2 Recommended Action: (con't) C. DETERMINE that this summary vacation for excess right for a public utility easement is not required for public utility purposes. (S&H Code Section 8334) D. DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder. E. DECLARE from and after the date this Board Order is recorded,the described proposed vacation is HEREBY ORDERED VACATED subject to any reservation and exception described in Exhibit"A" and it no longer constitutes a public utility easement. Fiscal Impact: There is no impact to the County General Fund. Reasons for Recommendations and Background: The project consists of vacating public utility easements (PUE's) within portions of Subdivision 8331, as follows: along the westerly 6 feet of Lots 72, 81,82,90,336,356,and 372;along the easterly 6 feet of Lots 133 and 134;along the northerly 6 feet of Lots 260,261, 115, 114,and 109 and along the southerly 6 feet of Lot 210. These easements are no longer needed for public utility purposes Consequences of Neiative Action: The County may be responsible for the maintenance of these areas. DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1871 CP NO.: 07-51 ACTIVITY NAME: Subdivision 8331 (Danville area )— Vacate / Abandon Public Utility Easements (PUEs) DATE: October 29, 2007 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 vacating/abandoning public utility easements (PUEs)within portions of Subdivision 8331, as follows; along the westerly 6 feet of Lots 72, 81, 82, 90, 336, 337, 356, & 372; along, the easterly 6 feet of Lots 133 & 134; along, the northerly 6 feet of Lots 260, 261, 115, 114, and 109; and along, the southerly 6 feet of Lot 210 (Fig. 3). Contra Costa County (County) has determined that the identified public utility easements are no longer needed within portions of Subdivision 8331 and can be vacated. LOCATION: The activity is located south of Camino Tassajara Road at Monterosso Street, in south Contra Costa County, in the unincorporated area of Danville (Figs. 1-3). REVIEWED BY: DATE: IQo L g Chavez Planner III APPROVED BY.- DATE: Community Development Representative G:\EngSvc\ENVIR0\Rea1Prop\Sub.8331-Abandon PUEs\CEQA\DE.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, Environmental Assistant - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Subdivision 8331 (Danville area) — Vacate /Abandon Public Utility Easements (PUEs), Project No. 0676-6Q1871 County File CP#07-51 Project Description: The activity consists of vacating public utility easements (PUEs)within portions of Subdivision 8331, as follows; along the westerly 6 feet of Lots 72, 81, 82, 90, 336, 337, 356, & 372; along, the easterly 6 feet of Lots 133 & 134; along, the northerly 6 feet of Lots 260, 261, 115, 114, and 109; and along, the southerly 6 feet of Lot 210. Contra Costa County (County) has determined that the identified PUEs are no longer needed within portions of Subdivision 8331 and can be vacated. Project Location: The activity is located south of Camino Tassajara Road at Monterosso Street, in south Contra Costa County, in the unincorporated area of Danville. 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)) Q General Rule of Applicability/Section 15061 (b) (3)1 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, pursuant to section 15061(b)(3) of the CEQA gridlines. 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: Department of Fish and Game Fees Due Public Works Department ❑ EIR- $2,500 Total Due: $ 255 Glacier Drive ❑ Neg. Dec. -$1,800 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: Trina Torres ® County Clerk - $50 Receipt#: Environmental Section ® Community Development Dept. - $25 G:\EngSvc\ENVIRO\RealProp\Sub.8331-Abandon PUEs\CEQA\NOE.doc Updated July 21,2006 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, Environmental Assistant - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Subdivision 8331 (Danville area) — Vacate /Abandon Public Utility Easements (PUEs), Project No. 0676-6Q1871 County File CP#07-51 Project Description: The activity consists of vacating public utility easements (PUEs)within portions of Subdivision 8331, as follows; along the westerly 6 feet of Lots 72, 81, 82, 90, 336, 337, 356, & 372; along, the easterly 6 feet of Lots 133 & 134; along, the northerly 6 feet of Lots 260, 261 , 115, 114, and 109; and along, the southerly 6 feet of Lot 210. Contra Costa County (County) has determined that the identified PUEs are no longer needed within portions of Subdivision 8331 and can be vacated. Project Location: The activity is located south of Camino Tassajara Road at Monterosso Street, in south Contra Costa County, in the unincorporated area of Danville. 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)) 2 General Rule of Applicability/Section 15061 (b) (3)1 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, pursuant to section 15061(b)(3) of the CEQA gridlines. 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: Department of Fish and Game Fees Due Public Works Department ❑ EIR- $2,500 Total Due: $ 255 Glacier Drive ❑ Neg. Dec. -$1,800 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: Trina Torres ® County Clerk - $50 Receipt#: Environmental Section ® Community Development Dept. - $25 G:\EngSvc\ENVIRO\RealProp\Sub.8331-Abandon PUEs\CEQA\NOE.doc Updated July 21,2006 LL r, p i o qV e + W �E� 1 ? Z Cn W N a � CL Q �b O co co > Ik r, w �j O z 4 a LL y4 y m ° jvjo q!jL o --- VJO q►'LL ° � Q QO Owg Ib.Io 9�{t owelVlo gl.li. Y 0o jo ' _ Y LW a � W c T - o OJQ- O �� U w Z (n \ Q) WLO m a o Q j O V v> > Lu LU , f A4O�l t2� eQ co LIVE Q QLul � v� Mb `r~_ i` p "p O M cp Uly ] O EXHIBIT "A" A PORTION OF THE FOLLOWING LOTS, AS SAID LOTS ARE SHOWN ON THE MAP OF SUBDIVISION 8331, FILED JUNE 17, 2005 IN BOOK 479 OF MAPS AT PAGE 47, CONTRA COSTA COUNTY RECORDS AND AS CORRECTED BY CERTIFICATE OF CORRECTION DATED MARCH 15, 2006 RECORDED IN SERIES NUMBER 2006-0079286 CONTRA COSTA COUNTY RECORDS, SAID LOTS ARE DESCRIBED AS FOLLOWS: THE WESTERLY 6 FEET OF LOTS: 72, 81, 82, 90, 336, 337, 354, 356, 371 AND 372; THE EASTERLY 6 FEET OF LOTS: 133 AND 134; THE NORTHERLY 6 FEET OF LOTS 260, 261, 115, 114 AND 109; THE SOUTHERLY 6 FEET OF LOT 210. J/✓•'0 t' -`'_ski//,•`' Je cc V mot NO 123 12/19/06 EXHIBIT "B"-1 UTILITY EASEMENT FOR CABLE SERVICE LOT 134 (479 M 47) N SCALE: 1"=20- 134 "=20'l31! r� 479 M 47 o r�V .h� :ti�h0 r� h a• `V �h�• �V ODOB`h, 133 Oe. 479 M 47 p C� LEND dk CONSULTING, inc. P.0.8. POINT OF BEGINNING DATED: 0J-14-07 F:\DCA_DVIC\041024\SURVEY\134CATV-EAS.DWC,