HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1187 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Vacation of) RESOLUTION NO. 81/ 1187
Storm Drain Easement (Sub. 5327)) Date. October 13, 1981
Oakley Area ) Resolution of Summary Vacation
Vacation No. 1885 ) Public Service Easement
(S.&H. Code Sec. 8335)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Vacation is made pursuant to Streets and Highways Code Section 8330.
The subject easement was dedicated for the construction of a storm
drainage system in Subdivision 5327 in the Oakley area. This vacation is to
correct an encroachment arising out of the improper location of a new house.
The subject easement has never been used for the purpose it was dedicated.
There is no present or prospective use of this easement since additional easement
has been dedicated to relocate the planned storm drain through the subdivision in
accordance with the approved plan. The proposed vacation is located in an area
designated as Single Family Residential on the General Plan. For a description
of the portion to be vacated, see Exhibit "A" ,attached hereto and incorporated
herein by this reference.
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
categorically exempt under State guidelines Section 15112 in compliance with
the California Environmental Quality Act. This vacation is not located in an
area of Statewide interest or in any potential area of critical concern.
The Planning Department having made its general plan report concerning
this proposed vacation and this Board having considered the General Plan, it
finds pursuant to Government Code 3 65402(a) that it has received the report of
the Planning Commission's determination.
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 service easement. This
vacation is made under the Streets and Highways Code, Chapter 4, Sections 8330
et seq. The subject easement has not been used for the purpose it was dedicated.
The Public Works Director shall file with the County Clerk a Notice of
Exemption.
A certified copy of this Resolution, attested by the Clerk under seal ,
shall be recorded in the Office of the County Recorder.
PASSED BY THE BOARD on October 13, 1981 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None CERTMED COPY
Originator: Public Works Department I oertify that this is a full, true & correct copy of
Transportation Planning the original document which to on fila in m'y. office,
p g and that it was passed & adopted by the Board of
Supervisors of Contra Costa County, California, on
cc: Public Works-Maintenance the date shown. ATTEST: J. R. OLSSON, County
Assessor Clem&ea.officlo Clerk of said Board of Supervisors,
County Counsel by Deputy Clerk. OCT � � ����
Planning w..................
Recorder (2) A on
EBMUD, Land Mgmt. Div.
Thomas Bros. Claps
PG&E, Land Dept. RESOLUTION NO. 81/ 1187
Pacific Telephone & Telegraph
Right of Way Supv.
Raymond Vail & Associates
401 Sunset Dr., Suite D
Antioch, CA 94509
EXHIBIT "A"
Vacation No. 1885
A Portion of lot 71 as shown on Map of Subdivision No. 5327, Recorded July 15, 1980
in Book 241 of Maps, at page 37, Contra Costa County Records, being also a portion
of that easement recorded in Book 10161 OR 943, described as follows:
Beginning at the southeast corner of said Lot 71 , thence northerly along tPe east
line of said Lot 71 25,20 feet to the TRUE POINT OF BEGINNING; thence N.89 38'30"fit.
10.00 feet; thencs N.00 21 `30"E. and parallel to the east line of said Lot 71 40.00
feet; thence 5.89 38'30"E. 10.00 feet to a point of the east line of said Lot 71 ;
thence southerly along said east line 40.00 feet to the TRUE POINT OF BEGINNING.
RESERVING AND EXCEPTING THEREFROM, insofar as such utilities may exist
on the date of recording of this vacation, pursuant to the provisions
of Section 8340 of the State of California Streets and Highways Code,
the easement and right at any time, or from time to time , to construct,
maintain, operate, replace, remove and renew sanitary sewers and storm
drains and appurtenant structures in, upon, over and across a street
or highv.,ay proposed to be vacated and, pursuant to any existing franchise
or renewals thereof, or otherwise, to construct, maintain, operate,
replace, remove, renew and enlarge lines of pipe, conduits , cables , wires,
poles, and other convenient structures , equipment, and fixtures for the
operation of gas pipelines, telegraphic and telephone lines, railroad
lines and for the transportation or distribution of electric energy
petroleum and its products, ammonia, water and for incidental purposes,
including access to protect such works from all hazards in, upon and
over the area hereinbefore described to be vacated.