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HomeMy WebLinkAboutMINUTES - 06041985 - 1.1 (2) Blackhawk Club Drive Ff Deer Meadow Drive and Pepperwood Drive EXHIBIT 'A' A portion of Section 24 and 25 of Township 1 South, Range 1 West Mount Diablo Meridian in the County of Contra Costa, State of California, described as follows: All that real property described as a strip of land 60 feet in width in the Offer of Dedication to Contra Costa County, recorded December 7, 1979 in Book 9649 of Official Records, at Pages 64 to 66 inclusive, Records of said County. 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 exiting 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 abandoned, including access to protect the property from all hazards, in upon, and over the area herein before described to be abandoned. SM:ExhA.t5 1 . Offer of dedication terminated Res 85/280 2 . Blackhawk public st Vacation No 1873 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 4, 1985 by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: None ABSTAIN: None SUBJECT: TERMINATION OF OFFER OF ) DEDICATION ) RESOLUTION NO. 85/280 Blackhawk Dr. , Blackhawk- Club lackhawk Club Dr. , Deer Meadow Dr. , ) and Pepperwood Dr. ) (S.&H.C. Sec. 6335) Blackhawk area, Vacation No. ) 1873 ) The Board of Supervisors of Contra Costa County RESOLVES THAT: This termination request was made under Government Code 57050 and Streets and Highways Code Section 8330 et seq. , and is for the termination of the County's interest in a surplus Offer of Dedication filed in Book 9649 of Official Records at pages 64-67 and located in the Blackhawk area. For a description of the offered area to be terminated (the "roadway") , see Exhibit "A" attached hereto and incorporated herein by this reference. This request is made pursuant to the following facts: (a) The offered roadway is part of a system of private roads, streets and trails serving the development known as Country Club at Blackhawk (the "development") ; (b) The County's conditions of approval require that the roadway and all other roads, streets and trails within said development be privately maintained by a homeowners' association established by recorded Covenants, Conditions and Restrictions ("CC&R"s) ; (c) CC&Rs were recorded in Book 9570 of Official Records at pages 472 et seq. which, among other things, established a home- owners' association, known as Country Club at Blackhawk Improvement Association (the "Association") , one of whose duties is to maintain the roadway; (d) The developer and the Association, for their own reasons and without requirement by the County, offered to dedicate the ro4dway to the County; (e) The County accepted the offer of dedication for "Recording Only" and declined to accept the offer for maintenance purposes or to include the roadway in the County road system; RESOLUTION NO. 85/280 •• /•/ gyp,•Z) (f) The County does not desire to accept the roadway for maintenance purposes or to include it in the County road system; (g) All properties served by the roadway have private easements along the offered roadway which will survive the termination of the offer of dedication and which will provide all necessary access:.. to such properties; (h) The private road system, and private patrol system and gates made possible thereby, reduces the number- of criminal . activities which might otherwise occur, thereby reducing the demand upon the Sheriff's Department. (i) The Planning Department has determined that the Project site is shown as "Single Family Residential Low-Density" in the San Ramon Valley Area General Plan, and that the proposed termination and abandonment is consistent with said adopted general plan. Considering all facts before it, this Board FINDS that there is no reasonable probability that the County will -accept the offered roadway into the County road system or for maintenance, 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-roadway .be privately owned and maintained. This Board hereby FINDS further that the proposed termination and abandonment will not have a significant effect on the environment, and that it has been determined to be categorically exempt under State CEQA Guidelines, Section 15312, in compliance with the California Environmental Quality Act. The project has no statewide interest, and will cause no . change to the environment. • This Board hereby TERMINATES the hereinabove-described offer of dedication and ABANDONS the.�ight of the County to accept said offer, 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. From and after the date this resolution is recorded, the offer of dedication is terminated and the County's right to accept said offer is abandoned. I hereby certify thathis is a true and correct copy of an ectler, taken and entered on the minutes of the Orig. Dept. : Public works (Real Property) Board of Supervisors on the date shorn. cc: Public Works-.Maintenance ATTESTED: ,1.UN-4__19$,5 Transportation Planning PHU. CATCHELOP,Cork o;the Board of Sui)ervisc•s and County Administrator Land Development - Records Mapping' Assessor my ,Deputy County Counsel Planning Dept. Recorder Via R/P EBMUD, Land Management Div. Thomas Brothers Yaps Pacific Gas A Electric Co. (Attn: Land .Dept. ) Pacific Bell (Attn: Right of flay Supervisor) Applicant : Via R/P _2- RESOLUTION NO. 85/280