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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-944 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Vacation of RESOLUTION NO. 81/944 Surplus Right of Way on Ichabod) Date: August 18, 1981 Lane, Orinda Area Resolution & Order Vacating a Highway Vacation No. 1866 (S&HC Sec. 8324) The Board of Supervisors of Contra Costa County RESOLVES THAT: On March 10, 1981 , this Board passed a Resolution of intention to vacate the County highway described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed April 14, 1981 at 10:30 a.m. , in its Chambers, as the time and place for the hearing thereon, 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 and continued to August 18, 1981 . The hearing was held at that time and place, this Board hearing and duly considering all 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 Department having made its general plan report concerning this proposed vacation and this Board havin 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 Record er. PASSED BY THE BOARD on August 18, 1981 by the following vote: AYES: Supervisors Fanden,, Schroder, Torlakson, MaPeak NOES; None ABSENT: Supervisor Powers Originator: Public Works Department Transportation Planning cc: Public Works-Maintenance Assessor CERTIFIED COPY County Counsel I certify that thle to a full, true & correct,copy of Planning the original document which Is an file In MY offices Recorder (2) and that It was passed & adopted by the Board of Supervisors of Corrtra costa county, California, on EBMUD, Land Mgmt. Div. the date shown. ATTEST: J, R. 01.880N, county Thomas Bros. Maps Clerk&ex-officio Clerk of said Board of Superv1sors, PG&E, Land Dept. by Deputy Clerk. AUG' l 8 1981 Pac. Tel & Tel . Right of Way Supv. Vincent H. Cunha 2001 Salvio Street, Suite 28 Concord, CA 94520 RESOLUTION NO. 81/944 TP-Ab #1866 ICHABOD LANE Road No. 25555 January, 1981 EXHIBIT A VACATION NO. 1866 Portion of the roadway area designated as Park Lane , commonly known as ICHABOD LANE , described In the deed to Contra Costa County , recorded April 24 , 1962 in Book 4104 of Official Records at page 45 , Records of Contra Costa County, State of California described as follows : All of Ichabod Lane, 50. 00 feet in width , lyin northerly of the course with a bearing and distance of South 74 11 ' East , 25 feet and its westerly prolongation as said course is described in the deed to Vance D. Bigler , et ux , recorded November 29, 1971 in Book 6529 of Official Records at page 305 , Records of said County and State. 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 .