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HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-572 t� Recorded at the requr , . of: Centra Costa County s`l Return to: Public Works Department' Real Property Division 255 Glacier Drive: Martinez CA 94553` Attention: Lucy Owens THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 28, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN, RESOLUTION Na 93/ 572 Resolution of Termination of Offer of Dedication (S. & H. Code § 8335) SUAJECT: Termination of Offer of Dedication of Bollinger Canyon Road, Vacation No. 2091, W. a 1832, Moraga Area. The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of an Offer of Dedication of a certain excess right of way not required for road purposes, is made pursuant to Government Code Section 66477.,2(c) and to Division 9, Part3, Chapter 4 of the Streets and Highways Code, commencing with: Section 8330. This termination request is for an Offer of Dedication of a portion of Bollinger Canyon:Road located in Moraga. A description of the offered area to be terminated is attached hereto as Exhibit"A"and incorporated herein by reference. This termination request is for excess right of way of a street not required for street purposes. (S.H. Code Section 8334). Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered roadwayinto the County road system, that no public money has been expended for maintenance of the offered' roadway, and1z that it is 'in the best interests of the County and the public that the offered area be privately owned and maintained: This Board` hereby FINDS that the proposed termination will not have a significant effect'on the environment, and that it has been determined to be exempfrom the California Environmental QualityAct under State CEQAguidelines Section 15061 (b) (3). This Board DIRECTS the Director of Community Develop- ment to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to7 arrange for payment of the S25.00 handling fee to the County Clerk. The Planning Commission having considered their general plan, FINDS pursuant to Government Code Section 65402 that this proposed vacation is in conformance with their general plan. 86LUTION NO. 93/572 SUBJECT: Termination of Offer of dedication of Ballinger Canyon Road Crate: September 28, 1993 Page 2 This Board 'hereby TERMINATES the hereinabove described offer of dedication and ABANDONS the right of the County to accept said offer. The Board is not mare of any existing In place utilities In the subject area. The Real Property Division Is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. From and after the date this resolution is recorded, the offer of dedication Is terminated and the Countys right to accept offer is abandoned. Orig. Dept.: Public Works (R/P) cc: Public Works Maint. (via R/P) Records (via R/P) th weby cw*est itrw rr a'irw 00 cornet«ivy 10 Road Projects (via R/P) an swim tor, aw so ern " tnlmoft o1 00 County Counsel aowdof *m cn aha dal.,go*! Community Development AT srPmL IfAf7dm ,.o,c+"aow sow' Recorder (via R/P), of s ae*anet co .�r Aftlr"trmw ERMUD, Land Management Div. er . . a r .o ar Thomas Brothers Maps Pacific Gas and Electric Attn:: Land Department Pacific Bell Attn: Buck Keith, 401 Lennon Ln., Walnut Creek, CA 94598 Contra Costa Water District Applicant: William A. &Judy L. Lawrence 1080 Bollinger Canyon Road Moraga, CA 94556 LO C:V45bot1.T$ September 9, 199 RESOLUTION NO. 93J Rd 2842B • Ballinger Canyon Road Vacation No. 2091 - Lawrence Ptn. Offer of Dedication (10 PM 44) Ptn. APN 258.0304025:_ Dwg. 77 LSM 19 EXHIBIT "A" Real property in the unincorporated area of Moraga, Contra Costa County, California, being a portion of the east half of the northeast quarter of Section 21, Township i South, Range 2 West, Mount Diablo-Meridian, described as follows A portion of the Offer of Medication to Contra Costa County recorded October 17 1969 in Volume 5985 at page 210, Official Records of said County, lying within PARCEL C shown on the Record of Survey filed July 12, 1985 in Book 77 of licensed Surveyors gaps at page 19, and described as follows: Commencingat the northeast corner of said PARCEL C (77 LSM 19); thence along the north boundary line of PARCEL C as follows: (1) south 75011'470 west 89.77 feet, (2) north 73042'13"west 100.28 feet, (3) north W57'03" west 6.18 feet to the Point of Beginning, (4) from the Point of Beginning,continuing north 54057'03"west 124.56 feet, (5) north 70002'31"west 64.11 feet, (6) south 80010'39"west 119.29 feet, (7) south 3404849"west 45.94 feet, and (8) south 15112- 8'42"west 50.48 feet; thence leaving said boundary line, south 70020'33" east 149.26 feet, thence north 58042'54" east 109.52 feet; thence north 85032'55" east 85.58 feet, to the Point of Beginning. Containing an area of 28,936 square feet of land, more or less, RESERVING`THEREFROM: A 10.00 feet wide trail easement for public use, the north line of which' is the north boundary lisle of said PARCEL C (77 LSM 19). RESERVING THEREFROM: Pursuant to the provisions of Section 8340of the Streets and Highways Code, the easement and right at any time, or from time to time, to construct, enlarge, maintain, operate, replace, remove, and renew those existing and in place utilities, as of the date of recording this instrument, in, upon, over and across any highway or part thereof proposed to be vacated, including access to protect the property from all hazards, in, upon, and over the area herein before described to be vacated. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). LH:jlg:fp c\ex:Bolinger.Vac 9/1/93' 1 I