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Home My WebLink AboutRESOLUTIONS - 01011999 - 1999-053 Contra Costa TO: BOARD OF SUPERVISORS County FROM: Dennis M. Barry, AICP Community Development Director DATE: January 26, 1999 SUBJECT: Summary Vacation of Utility Easement- Pleasant Hill BART SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT Resolution authorizing the summary vacation of a public service easement no longer required for utility purposes along former Wayside Lane, Pleasant Hill BART Station Area. FISCAL IMPACT None. BA KGROUN !REASONS FOR RECOMMENDATIONS In 1994 the County vacated and quit claimed former Wayside Lane in the Pleasant Hill BART Station Area (Area 4) to the Redevelopment Agency. The County retained an easement for utilities. It has been determined that the easement is no longer required for utility purposes, and can be vacated. This vacation will permit the development of the 87 unit BRIDGE housing project and the 54 unit Holliday Development townhouses to proceed. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMME DATION OF ! COMMITTEE APPROVE OTHER SIGNATURE(S): tall" Lf4 ACTION OF BOARD ON q APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy 335-1255 �,, prig: Public Works ATTESTED ft z, r 9 9 cc: Redevelopment PHIL BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Recorder(via PW RIP) BY /� , DEPUTY JK:Ihb 01991phbortbos Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Pifia-Sandoval THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 26, 1999 by the following vote: AYES: Supervisor Gioia, Uilkema, Gerber, DeSaulnler, and Canciamilla NOES: None ABSENT: None RESOLUTION NO. 99/ 53 ABSTAIN: None (S. & H. Code § 8330 et. seq.) SUBJECT: VACATION OF RESERVATION OF UTILITY EASEMENT) CDD-CP NO. 98-98 ) W.O. 5489 ) Pleasant Hill Area ) The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of a public service easement no longer required for utility purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8333, et. seq. A description of the portion to be vacated is attached hereto as Exhibit "A" and incorporated herein by reference. This vacation request is based on the fact that the easement has been superseded by relocation and there are no other public facilities located within the easement. 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 from the California Environmental Quality Act under State CEQA Guidelines Section 15061 (b)(3) and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. This Board having considered the general pian, FINDS that in accordance with its Resolution No. 81/522,this summary vacation is minor in nature and is therefore exempt from general plan conformance review RESOLUTION NO. 99/sS 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. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. Orig. Dept.: Public Works(RIP cc: Public Works-C. ilia-Sandoval Design-C.Sellgren (via RIP) Maint. (via R/P) Records(via RIP) Transp. Engineering(via RIP) County Counsel Communi Development Recorder j via RIP) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell,Attn: M.Tabayoyon, Public Works Coordinator Right of Way Department, 2410 Camino Ramon, 350Q, San Ramon, CA 94583 Contra Costa Water District Walnut Creek School District Applicant: J. Kennedy, CCCRA :csG:\GrpData\RealProp\99-1\V4OVacation of Utility Easmnt.doc I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: T, t.-49J PHIL BATCHELOR, Cldf1k of the Board of Supervisors and County Administrator By /qAJeAADeputy RESOLUTION NO. 99L 53 WAYSIDE LANE ROAD NO. 4052 ' VACATION EXHIBIT "K A portion of Wayside Lane as described in the deed from Lewis H. Albers, et al., to Contra Costa County, recorded May 22, 1952, In Book 1936 of Official Records at page 372, records of Contra Costa County, State of California, described as follows: Beginning at the southwesterly corner of that parcel of land vacated by deed October 11, 1983, In Book 11488 of Official Records at page 186, records of Contra Costa County; thence from said Point of Beginning along the southerly line of said parcel (11488 OR 186) north 89016'00" east 50.27 feet to the southeasterly corner of said parcel (11488 OR 186); thence along the east line of Wayside Lane the following three courses, south 5015'00"west 212.95 feet; south 88005'00"west 5.04 feet; south 5015'00"west 156.68 feet; thence southeasterly along a tangent curve, concave to the northeast, having a radius of 20.00 feet, through a central angle of Sri 0'00" an arc distance of 33.92 feet, to a point of cusp; being a point on the northerly right-of-way line of Las Juntas Way; thence along said northerly line south 88005'00" west 42.74 feet; thence north 5015'00" east 10.08 feet; thence south 88005'00"west 42.89 feet to a point on the northerly line of Las Juntas Way also being a point of cusp with a tangent curve concave to the northwest, having a radius of 20.00 feet; thence northerly along said curve through a central angel of 82°50'00:, an arc distance of 28.91 feet; thence along the westerly line of Wayside Lane north 5015'00" east 365.63 feet to the Point of Beginning. Containing an area of 0.43 acres of land, more or less. DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4500-6X5489 CP NO.: 98- 9T ACTIVITY NAME: Vacation of Reservation of Utility Easement DATE: December 15, 1998 PREPARED BY: Leigh Chavez This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The project consists of the vacation of a public service easement. The easement has been superseded by relocations there are no other public facilities located within the easement. LOCATION: The reservation of the utility easement is located in the Pleasant Mill BART area formerly known as Wayside Lane (Figures 1-4). REVIEWED BY: DATE: APPROVED BY: �-' TE: Communi y Development Representative G:\grpdata\deslgn\enviro\98projsXVacabonUtiltyEaseDeterm Figure 1 a co 0 m 0 uj CL 0 LL ` ` lb .` Q e Li Li L,i r_- 0 m < C) V} • ...! LIJ . LL. i mak=[��"�''�J'°,' (y':rf�M�4��:R.'�".��'�!�._+�iiM► s t -.�sk��l/L ai: 757• i ��_�� y ri + J 1 A2 Am,/ + .4/ -•q w .6,+. �q4,f;'.�' %�`fw t "c�'wrr'�AIt ^'.11�"-y "NP-A rt � ••�� PP-1 ' Y ..� , ,r. Ft•ll�liwaf.�a��T'�M�`1'►;.i�7�AFl+I[''na'�'* w''Im-- jr.4" M NIK/M!'a!T7,i.$ �I�IrlllAlt��n.;71t A�,iwl/�1�1�1:'+�e:Y1f IgUre 1 l .ss sa '. E i � � 1 VACAT)ON_R SOiuTI�N�#�-ld�i POdPwA 1U�'LN S-,td-94 • s• �.y . ,� � Q•11/'vJ fii`iW t2. iipq'e h trt! �.r+ COGGINS DRIVE r we 0 sit cos � rin CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE. L TO; Development Engineer/Architect FROM: Catherine Osterman Kutsuris, Senior Planner V� SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE staff has reviewed the attached project, CP 98- to determine Community Develo ment p j If mandatory referral for General Plan Conformance, as required by Section 65402 of the • Government Code, is necessary. The project needs no further mandatory referral clearance from County staff subject to the following actions: This project has been determined to be exempt from 65402 review. { ) This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 811522 because the project involves a road alignment project of a minor nature. { ) The project site is located within the City of and should be referred to the City for 65402 review. { ) The project site is located within the City of Our Department does not review projects for General Plan Conformance (refer to Government Code Section 65402) that are located within a City. { ) Community Development staff makes the following attached recommendation which should be incorporated Into the staff report on this matter. The project needs mandatory referral and County staff will process this project in the following manner: { ) 65402 review is required. Community Development staff will carry this matter before the appropriate Planning Commission. { ) 65402 review must be withheld until completion of an Environmental impact Report on this project: { ) Other procedures. Maw IA&wtmr4gpc.wpd arry, l�✓Ot' `i1m'U'i(lt�/I "�.. on lra Comm M. Development pmp Community Development Director Development Costa Department County County Administration Building 651 fine Street ' 4th Floor, North Wing Martinez, California 94553-0095 Phone: 335-1209 January 11, 1999 County File #CP 98-98 Attention: Public Works Department Leigh Chavez, Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 98-98.Vacation of Rellery Won of 1.19ft Fasement in the Pleasant Hill area. In conformance with Contra Costa County Guidelines for implementing the California Environmental duality Act of 1970 (CEdA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: {x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. () The project is categorically exempt (Class—). ( ) The CEdA requirements are accommodated by the EIR previously prepared for () A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). W) Cather: General Rule of Applicability [Section 15061 (b)(3)). { ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. { ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined In a forthcoming letter). ( } A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional Information requested Is received by the Community Development Department., If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (5 10) 335-1210. Sincerely yours, Dennis M. Barry, AICP Community Development Director By: Lln� :aw l:\oega\t Office Hours Monday- Friday:8:00 a.m.-5:00 p.m. Office is closed the 1 st, 3rd&5th Fridays of each month THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 2, 1999,by the following vote: AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier, and Canciamilla NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 99/52 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8135, Dougherty Valley area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8135, property located in the Dougherty Valley area, said map having been certified by the proper officials; Il. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $17,400 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 325271 (January 6, 1999) B. Surety Band Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Bate: 190 523 772(December 17, 1998) Performance Amount: $1,717,200.00 Labor&Materials Amount: $867,300.00 Principal: Shapell Industries of Northern California SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8135, Dougherty Valley area. DATE. February 2, 1999 PAGE -2- III. Tac Letter A letter from the County Tax Collector stating that there are no unpaid County takes heretofore levied on the property included in said map and that the 1998/99 tax lien has been paid in full and the 199912000 tax lien, which became a lien on the first day of January 1999, is estimated to be $43,200.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: American Casualty Company of Reading,Pennsylvania Bond dumber and Date: 190 523 853 (January 8, 1999) Amount: $43,200.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans, BE IT FURTHER RESOLVED that said Parcel/Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. RL1W:mw G:1Gtpt)etclEn8Svc1BO\l9"\SO2-2-Kdoc 1 hereby certify that this is a true and correc Originator:Public Works(ES) copy of an action taken and entered on the Contact. Rich Lierly(313-2348) minutes of the Board of Supervisors on the date shown. cc: Public Works-R.Bruno,Construction Current Planning,Community Development ATTESTED: r-November 12,1999 PHIL BATCHELOR, Clerk of the Board J.Cb isdan Truebridge and Sam Wordeat,Shaped Induaries of Northern California 100 N.NfilpitasBlvd.,Milpiva,CA 95035 of Supervisors and County Administrator American Casualty Company of Reading,Pennsylvania Deputy 21650 Oxnard Street,0760,Woodland Hills,CA 91367 By