Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-384 M: Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Dept 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 June 18, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Clover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/384 Resolution of Termination of Offer of Dedication (S. & H. Code § 8330 et. Seq.) 384 SUBJECT: ADOPT Resolution No. 2002/ approving the Termination of a Portion of Offer of Dedication of Kenyon Avenue in the Kensington Area. [CDD-CP #02-28] Project No. 0676-6021866 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of a portion of an Offer of Dedication of Kenyon Avenue not required for street and highway purposes is made pursuant to Government Code Section 66477.2(c) and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the offered area to be terminated is attached hereto as Exhibit"A"and shown on Exhibit"B" located in the Kensington area. This termination of a portion of an offer of dedication is for an excess right-of-way of a street or highway not required for street or highway purposes. (S. & H. Code Section 8334). I hereby certify that this is a true and correct copy of an action taken and entered on the csp:eh minutes of the Board of Supervisors on the G lRealProp12002-FileslBOs&RES1V45Kenyon Avenue.doc date shown. Orlg. Dept.: Public Works(WP) Contact: C. Pifia-Sandoval(313-2308) ATTESTED: June 18, 2002 cc: See last page JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION No. 2002/ 384 ° Subject: Termination of a Portion of Offer of Dedication of Kenyon Avenue in the Kensington area. Date: June 18, 2002 Page: 2 Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered roadway into the County road system that no public money has been expended for maintenance of the offered roadway, and 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 exempt from the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines. This Board 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 and a $25.00 fee to Community Development for processing of the Notice of Exemption. This Board having considered the general plan, FINDS that in accordance with its Resolution No. 81/522, this termination is minor in nature and is therefore exempt from general plan conformance review. 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 aware 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 County's right to accept offer is abandoned. cc: Public Works Maintenance(via RIP) Records(via RIP) Transportation Engineering(via R/P) Engineering Services—C. Najera(via R/P) Accounting (via R/P) Board Orders Senior Clerk, Adm. County Counsel Community Development—K. Piona Recorder(via R/P) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric,Attn: Land Department Pacific Bell,Attn: R/V1J Dept., 2600 Camino Ramon, Rm. 3N8501, San Ramon, CA 94583 Stege Sanitary District West Contra Costa Waste Water Applicant: Barbara Peterson 250 Lake Drive Kensington, CA 94708 RESOLUTION No. 2002/ 384 Vacation of a portion of Kenyon Avenue EXHIBIT "A" A portion of Berkeley Woods Addition recorded December 8, 1937 in Book 22 of Maps at page 654 Contra Costa County, California described as follows: Being all of Kenyon Avenue lying between the southwesterly right of way line of Lake Drive and the southwesterly boundary of said subdivision. RESERVING THEREFROM: Pursuant to the provisions of Section 8340 of 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. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor " 1.�Wt?s�fiG Contra Costa County Public Works * Exp. 12-3114 �} Date: - , ® / — 060Z ONo.5999J+ - RZ:mp G:1GrpDatatClericallEXHISITS\2002\Exhibit A-Vac of a portion of Kenyon Ave.doa EXHIBIT "B" KENYON AVE VACATION BER�ELvE'y WOODS ADDITION 4 2 656 SCALE 1" =100' >-�� 3 13 > � 14 2 B R EL Y HIGHL S 4 DDITIO 15 1 B K S " M 194 16 1 KENYON AVE 1 3 AVE KENYONC 0 3 AVE �� r- 4 16 `` 1 0 13 5 14 15 6 12 16 13 7 7Z c OCK V ® > LEGEND AREA OF VACATION DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-691866 CP NO.: 02-28 ACTIVITY NAME: Vacation of a Portion of an Offer of Dedication of Kenyan Avenue DATE: March 26, 2002 PREPARED BY: Crystal Naiera 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 activity consists of the vacation of a portion of an existing excess right of way (approximately 90'X 40') north of parcel number 570-221-001 and south of 570-232-012. Originally, the right of way was to be used to extend Kenyon Avenue, but due to development of an adjacent subdivision, the road will not be extended. Contra Costa County Public Works will maintain an access easement for this portion in case of any future need to access the property. LOCATION: The activity is located in the unincorporated area of Kensington along Lake Drive between parcels 570-221-001 an 570 2-012. (Figures 1-2) e 41 REVIEWED BY: DATE: ! Cece Sellgren Environmental Planner APPROVED BY: DATE: 5'°Z,S —02- Community Development Representative CN C:IEngSvc\ENV1R0t2002 ProjectalCMAIDet.ExlKenyonAve VacaBon-DetEx.doc CON(RA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street, N. Wing - 4th Floor Martinez, CA 94553 Telephone: 335-1210 Fax: 335-1222 TO: Development Engineer/Architect DATE: `. FROM: Patrick Roche, Advance PIanningqQ1, 4e SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE Community Development staff has reviewed the attached project, CP 02 to determine 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 81/522 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. ooga.mr4opem CALIFORNIA ENVIRONMENTAL (QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North'ming, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2190 Contact Person: Crystal Naiera, Planner Project Description, Common Name (if any) and Location: Vacation of a Portion of an Offer of Dedication of Kenyon Avenue, County File #CP 0228: Project Description:The activity consists of the vacation of a portionof an existing excess right of way (approximately 90' X 40') north of parcel number 570-221-001 and south of 570-232-012. Originally, the right of way was to be used to extend Kenyon Avenue, but due to development of an adjacent subdivision, the road will not be extended. Contra Costa County Public Works will maintain an access easement for this portion in case of any future need to access the property. Project location: The activity is located in the unincorporated area of Kensington along Lake Drive between parcels 570-221-001 and 570-232-012. (Figures 1-2) This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) Other Statutory Exemption, Section — Declared Emergency(Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3) — Emergency Project(Sec. 15269(b)or(c)) — Categorical Exemption, Class 1c) for the following reason (s) : It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due CN G:\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\Kenyon Ave Vacation-NOE.doc (Rev. 2197) CALIFORNIA ENVIRONMENTAL QUALITY ACT l'Totiee of Exemption Contra Costa County Community Development Department 551 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2190 Contact Person: Crystal Naiera, Planner Project Description, Common Name (if any) and Location: Vacation of a Portion of an Offer of Dedication of Kenyon Avenue, County File #CP 02-28: Project Description: The activity consists of the vacation of a portion of an existing excess right of way (approximately 90' X 40') north of parcel number 570-221-001 and south of 570-232-012. Originally, the right of way was to be used to extend Kenyon Avenue, but due to development of an adjacent subdivision, the road will not be extended. Contra Costa County Public Works will maintain an access easement forthis portion in case of any future need to access the property. Project location: The activity is located in the unincorporated area of Kensington along Lake Drive between parcels 570-221-001 and 570-232-012. (Figures 1-2) This project is exempt from CEQA as a: — Ministerial Project(Sec. 15266) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3) --.. Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, Class 1c for the fol lowing reason(s) : It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF PILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due CN G:\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\Kenyon Ave Vacation-NOE.doc (Rev..2/97) 0 co 00 0 O �= Y o d O il �.- a- OL Q) O 'Aii 0 d FIGURE 2 EXHIBIT "B KENYON AVE VACATION --�.. . BER�EL�EY WOODS ADDITION 7 SCALE 1,=100, � 6 3 13 �-'' 3 14 2 B R EL Y HIGHL S 4 DDITIO 15 1 B K S' ' M 194 16 1 2 KENYON AVE 3 � 2 AVE KENYON 3 AVEC r 4 16 14 G-) 13 5 14 13 6 t� 13 12 16 71 � � 11 7Z - OGK LEGEND AREA OF VACATION