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Home My WebLink AboutRESOLUTIONS - 01011981 - 1981-1320 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CAUFORNT:A In the Matter of Vacation of RESOLUTION NO, 81/1320 Rheem Creek Drainage Easements Date: November 17, 1981 in Subdivision 5497 Resolution of Summary Vacation City of San Pablo ) Public Service Easement Vacation 1875 (S&FCC Sec. 8335) The Board of Supervisors of Contra Costa County RESOLVES THAT,- This HAT;This vacation is made pursuant to Streets and Highways Code Section 8330. One subject easement was dedicated under Subdivision 5497 for the construction of improvements on the portion of Rheem Creek passing through the subdivision within the City Limits of San Pablo, but was never used for that purpose'. The other easement was deeded to Storm Drain Maintenance District No. 4 on Feburary. 6, 1951 in Book 3799 OR 455. inadvertently certain portions of the retaining wall , constructed by the developer for the benefit of the property owners, extended into the easement area by several inches. The subject vacation will eliminate the possibility of any confusion regarding the maintenance responsibility of the retaining wall . For a description of the portion to be vacated, see Exhibit "A" attached hereto and incor- porated herein by this reference. Public hearings were held on September 15, 1981 , October 9, 1981 and November 17, 1981 to receive public comment. Issues raised have been resolved, This Board hereby FINDS that the proposed vacation will not have a signifi- cant effect on the environment, and that it has been determined to be categorically exempt under State guidelines Section 15112 in compliance with the California Environ- mental Quality Act. This vacation is not located in an area of statewide interest or in any potential area of critical concern. Pursuant to Government Code Sec. 65402, this vacation, referred to the City of San Pablo, was found to be in conformance with the City's General Plan. 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 area proposed to be vacated has not been used for the dedicated purpose and no public funds have been expended on it. 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 November 17, 1981 by the following vote : AYES: Supervisors Fa.hden, Schrader, Tor,lakson NOES: None ABSENT: Supervisors McPeak, Powers Originator: PW-Transp. Flan. cc: Public Works-Maintenance lftAfwgbyetMythat this IsatrwsndcotreedtlWaf Assessor an aetian taken and entered ars the m1huVe of ft County Counsel fttrd of 3uperwWra on the deft shown. Planning Recorder (2) ATTESTED NOV 17,'1951 " .14ammanum EBMUO, Land Mgmt. J.R. QLSSQN, COUNTY CLERK Thomas Bros Maps and ex officio Clerk of th+e 8oand PG&E, Land Dept. PT&T, R/W Supv. Flood Control & Water Consv. Dist, ay y . ..c.—. twiny City of San Pablo Mr. & Mrs. Robert Boyd 1416 Madrone Way San Pablo, CA 94806 RESOLUTION NO, 81/1320 naANDONMENT em Creek Storm and Maintenance District Number 4 GRANTOR: Contra Costa County lam. EXHIBIT A VACATION NO. 1875 PARCEL X13A-1 A portion of the flood control easements granted to Contra Costa County by documents filed February b, 1961 in Book 3799 of Official Records at page 455 and filed April 14, 1980 in Book 9813 of Official Records at page 823, records of said County, situated in the City of Sam Pablo, described as follows: A strip of land one-foot in width lying southerly of and adjoining the northerly line of the said flood control easement (9813 OR 823) being bounded on the east by the east line of Lot 29 and on the west by the west line of Lot 36 as said lots are shown on the map of "Bayview Park Tract 5497" filed July 9, 1979 in Book 226 of Maps at page 27, records of said County. Containing an area of 0.01 acre or 423 square feet of land, more or less. 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 highway 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.