HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-941 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Vacation of) RESOLUTION NO. 81/941
Drainage Easement in Date: August 18, 1981
Subdivision 5135 Resolution & Order Vacating a
Pacheco Area Public Service Easement
Vacation No. 1877 (S&HC Sec. 8324)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On July 14, 1981 , this Board passed a Resolution of intention to
vacate the Public Service Easement described in Exhibit "All attached hereto
and incorporated herein by this reference and fixed August 18, 1981 at 10:30
a.m. , in its Chambers, as the time and place for the hearing thereof, and
ordered that the resolution be published and posted as required by law,
which was done as shown by affidavits on file with this Board.
The hearing was held at that time and place, this Board hearing and
duly considering al,1 evidence offered concerning the vacation by all interested
parties.
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
ng 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 § 65402(a) that it has received the report
of the Planning Commission's determination.
This Board hereby determines pursuant to Streets and Highways Code
2381 that the vacation area is not useful as a nonmotorized transportation
facility. ,
This Board therefore hereby further FINDS that the hereinabove
described proposed vacation area dedicated to public use, is unnecessary for
present or prospective use, and it is HEREBY ORDERED VACATED subject to any
reservation and exception described in Attached Exhibit "A."
The Public Works Director shall file with the County Clerk a Notice
of Exemption concerning this vacation.
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 August 18, 1981 by the following vote:
AYES Supervisors Fanden, Schroder, T-orlakson., MaPeak
NOES: None
ABSENT- Supervisor Powers
Originator: Public Works Department
Transportation Planning
cc: Public Works-Maintenance
Assessor CERTIFIED COPY
County Counsel I certify that this is a full, true & correct coPY Of
Planning the original document which to an file in my office,
and that It was Passed & adopted by the Board of
Recorder (2) Supervisors of cofftra Costa county, California, on
EBMUD, Land Mgmt. Div. the date shown. ATTEST. J. R. OLSSON, County
Thomas Bros. Maps Clerk &ex officio Clerk of said Board of superri*ors,
PG&E, Land Dept. by Deputy Clerk.
AUG 18 1981
Pac. Tel. & Tel .
Right of Way Supv.
Mr. & Mrs. James H. Sutton
758 Condor Drive
Martinez, CA 94553
RESOLUTION NO. 81/941
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EXHIBIT A
VACATION No. 1877
All of that area shown as Flood Control Access Easement which lies within
Lots 1 and 5 as delineated on the map of Subdivision 5135 filed November
29, 1978 in Book 219 of Maps at page 23, records of Contra Costa County,
State of California.
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 Cade,
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.