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HomeMy WebLinkAboutMINUTES - 04091985 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA DATE: April 9 , 1985 MATTER OF RECORD ---------------------------------------------------------------------- ---------------------------------------------------------------------- SUBJECT: Vacation of Leon Court in the Morgan Territory Area Vacation No . 1928 The Board on March 12, 1985 continued its hearing on the proposed vacation of Leon Court in the Morgan Territory Area to this time and place . The Board this day heard from the following persons: Richard D . Romney, P . 0 . Box 273, Clayton Helen M. Romney, P . 0 . Box .273, Clayton Massoud Khashabi , P. 0 . Box 521 , Clayton No other persons indicated a desire to speak . The Board discussed the proposed vacation with the Public Works Director , considered the testimony presented on this matter and thereupon adopted Resolution No . 85/169 as follows: G 1 . Vacation summary no 1928 M/R 1 2 . ' Leon Ct Morgan territory area . Recorded at the Request of Return to: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 9, 1985 by the following vote:. AYES: Supervisors McPeak, Torlakson and Fanden NOES: None ABSENT: Supervisors Powers and Schroder ABSTAIN: None SUBJECT: VACATION OF Leon Court ) RESOLUTION NO. 85/169 in the Morgan Territory ) Date: April 9, 1985 Area ) Resolution & Order Vacating a W.O. #1671 ) Public Highway Vacation No. 1928 ) (S.& H.C. Sec. 8324) The Board of Supervisors of Contra Costa County RESOLVES THAT: The vacation of Leon Court, as shown on Parcel Map 48 at page 15 Contra Costa County Records, in the Morgan Territory Area of Clayton is made pursuant to Streets and Highways Code Section 8324. If the legislative body finds from all evidence submitted that the street or highway described in the Resolution of Intention is unnecessary for present or proposed public use, the legislative body may adopt a resolution vacating the street or highway. On January 29, 1985, this Board passed a resolution of intentiorf to vacate the County Highway described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed March 12, 1985, at 10:30 a.m., in its Chambers, for the hearing thereon, and ordered that the resolu- tion be published and posted as required by law, which was done as shown on affidavits on file with this Board. The Board met on March 12, 1985 and continued its hearing to April 9, 1985 at 10:30 a.m. 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 15312 in compliance with the California Environmental Quality Act. The property does not have significant values for wildlife habitat or other environmental purposes and the property is of such size, shape or inaccessibility that it is incapable of independent development or use. The Planning Department having filed its general plan report concerning this proposed vacation and this Board, having considered the general plan, it finds pursuant to Government Code Sec. 65402(a), that it has received the Planning Commission's report. RESOLUTION NO. 85/169 This Board hereby determines pursuant to Streets and Highways Code Section 2381 that the vacation is not useful as a nonmotorized transportation facility. This Board therefor 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. - A certified copy of this resolution, attested by the Clerk under seal , shall be recorded in the Office of the County Recorder. IAereby e�rgty:.:Et t�4las t'wesrtdco:►�ecico�d $n ad$m Wsn and cnfered oi the at:nul es of dw Board of Superwsors on the dote spawn. ATTESM: / Y PHIL HATCH LOR.Clerk of the Board Of Supenteors and County AdminWmtor By _..._.�`�'" ,� 'Deputy Orig. Dept.: Public Works (R/P) cc: Public Works Maintenance Land Development - Records Mapping Assessor County Counsel Community Development Recorder (via R/P) EBMUD, Land Management Division Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Right of Way Supervisor Applicant: Helen M. Romney and Richard D. Romney PO Box 273 Clayton CA 94517 RESOLUTION NO. 85/169 LEON COURT Vacation No. 1928 EXHIBIT 'A' A portion of Parcels "A, B, C and D" as shown on the parcel map of Subdivision MS 25-75, filed September 17, 1976 in Book 48 of Parcel Maps at Page 14, Records of Contra Costa County, State of California, and as described in the OFFER OF DEDICATIONS to Contra Costa County recorded October . 6, 1976, in Book 8044 of Official Records at Pages 744 and 746, Records of said County, being all of that fifty-two (52' ) foot strip of land named "Leon Court" and the strips of land adjacent to Leon Court shown as "AREA DEDICATED TO CONTRA COSTA COUNTY" on said Parcel Map (48 PM 14). 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, maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant structure in, upon, over and across any highway or part thereof proposed to be abandoned 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 telephones 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 the property from all hazards in, upon and over the area hereinbefore described to abandoned. 1 EXHIBIT W SM:RomneyV.t4 1. Vacation summary no 1928 apprvd Res 85/169 2 . Leon Ct Morgan territory area i i