HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-564 Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Ronald Babst
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 3, 1898, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 98! 564
Resolution of Termination of
Offer of Dedication
(S. & H. Code § 8330 et. Seq.)
SUBJECT: Termination of Offer of Dedication of the Chaney Road,Trail Easement,
W. O. 1600, Alamo Area.
The Board of Supervisors of Contra Costa County FINDS AND RESOLVES THAT:
This termination of an Offer of Dedication of a certain excess right of way not
required for trail purposes, and abandonment of right to accept such Offer, is made
pursuant to Government Code Section 7050, and pursuant to the Summary Vacation
procedures of Division 9, Part 3, Chapter 4 of the Streets and Highways Code, Sections
8330, et seq. The County's interest being terminated is that described in the Offer of
Dedication, which was recorded in the Contra Costa County Recorder's Office as
document number 97-0230593-00, as follows: a non-exclusive easement for pedestrian
use by the public, during daylight hours only, to view and enjoy historical, archaeological,
scenic, natural, or scientific sites and as hiking trails, over a strip of land eight feet wide the
southerly boundary of which is the southerly boundary of that parcel of real property in the
unincorporated Alamo area of the County of Contra Costa, State of California, described
on the Map of Subdivision 7154 recorded in Book 386 of Maps of the Official Records of
Contra Costa County at pages 47-55, as "Chaney Road."
The facts under which this termination of an Offer of Dedication is made are as
follows: This termination is of an excess right-of-way of a street or highway not required
RESOLUTION NO. 9Si 5f4
for street or highway purposes (S. &H. Code Section 8334). The Offer of Dedication was
made under protest pursuant to Government Code section 66020. With the County's
consent, the Offer of Dedication was made pursuant to Government Code section 7050.
Government Code section 7050 provides that an offer of dedication may be terminated and
the right to accept such offer abandoned in the same manner as is prescribed for summary
vacation of streets or highways. There is no reasonable probability that the County will
accept the offered trail easement into the County trail system. No public money has been
expended for maintenance of the offered trail easement. There are no public utility
facilities in the area being terminated that would be affected by the termination. It is in the
best interests of the County and the public that the offered area being terminated be
privately owned and maintained.
The Offer of Dedication being terminated affects land located within Subdivision
7154, for which the Board REVIEWED, APPROVED and ADOPTED on March 1, 1989, a
Negative Declaration pursuant to state law and County CEQA guidelines. This termination
does not represent a substantial change to the project described in the Negative
Declaration. This termination will not cause new significant environmental effects or a
substantial increase in the severity of previously identified effects of that project. There
have been no substantial changes with respect to the circumstances under which the
project described in the Negative Declaration was undertaken. There is no new
information of substantial environmental impacts. Accordingly, no supplemental or
subsequent EIR, or revision to the Negative Declaration, is required.
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 County's right to accept the Offer of Dedication is abandoned.
Orig. Dept.: Public Works (RIP)
cc: Public Works
Maint. (via RIP)
Records(via RIP)
Road Engineering(via R/P)
County Counsel i hereby certify that this is a true and correct
Community Development copy of an action taken and entered on the
Recorder(via R/P) minutes of the Board of Supervisors on the
date shown. November 3, 1998
ATTESTED: --
PHIL BATCHELOR, Clerk of the Board
of Supervisors and Cou ty Administrator
RB: i Deputy
G:\GrppData\RealProp\V45-Alamo.doc By`' ,.
(Form updated 7/87)
RESOLUTION NO. 981 564