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HomeMy WebLinkAboutMINUTES - 06231987 - 1.1 (2) Ar. . Iopt 0 Recorded at the request of: Contra Costa County Return to: Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: ]Ronald D. Babst THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 23 , 1987 by the following vote: . AYES: Supervisors Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None 87/380 RESOLUTION NO. Resolution of Termination of Offer of Dedication (Govt. Code Section 66477 . 2) SUBJECT: Termination of Offer of Dedication of a fire trail easement, No. V1996, W. 0. 1750, Walnut Creek Area. The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of an Offer of Dedication of a certain excess right of way not required for fire trail 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. The termination request is for an Offer of Dedication of a fire trail easement located in the Walnut Creek area. A description of the offered area to be terminated is attached hereto as Exhibit "A" -and incorporated herein by reference. This termination request is based on the fact that the easement has been superseded by relocation and there are no other public facilities located within the easement (S. & H. Code Section 8333) . Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered fire trail for maintenance, that no public money has been expended for maintenance of the offered area and that it is in the best interest of the County and the public that the offered area be privately owned and maintained. This Board hereby FINDS that there is no substantial evidence that the proposed termination will have a significant effect on the environment, and that this Board has reviewed and considered the Initial Study and Negative Declaration together with any comments received during the public review process (all on file with said declaration) , and this Board approves its adequacy for California Environmental Quality Act purposes. The Public Works Director is ORDERED to file a Notice of Determination with the , RESOLUTION NO. 87/380 s County Clerk. The Planning Commission having filed its general plan report concerning this proposed termination and this Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that it has received the Planning Commission's report. 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 the offer is abandoned. I hereby ccrtify that Vila Is a true and correct copy of an actior taken and o^.tencd on the minutes of the Board of Supervisors on the date shown. Orig. Dept. : Public Works (R/P) ATTEST v D: JUN 2 3 1987 cc: Public Works Pf-UL BATCHSLO7, Cluck of the SScard Maint. (via R/P) of Supervisors cid County Administrator Records (via R/P) Road Projects (via R/P) County Counsel BY an �� , Deputy Community Development Recorder (via R/P) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Right of Way Supr. Contra Costa Water District Stege Sanitary District Oakley County Water District West Contra Costa Sanitary District Walnut Creek School District Applicant: Dick Kellner 1293 Candy Court Lafayette, CA 94549 RDB:pg bo:v45.23 .t6 RESOLUTION NO. 87/380 Oakvale Coat Fire.Trail Vacation No. 1996 Being portions of Subdivision 5002 as shown on the map xeoorded April 15, 1980 in Book 236 of Daps at Page 41, Official Reoards of Contra Costa County described as follows: Parcel A 20.00 foot wide strip of land, the center line of which is described as follows: Beginning at the southerly end of the coarse described as South 280 59' 00" West 39.48 on the line dividing Lots 6 and 7, which point is hereinafter referred to as Point "X"; thence South 70 0' 0" East 86.71 along said line dividing Lots 6 and 7. Fa=rx MMFRCM all of the above which lies within that strip of land described in the =n-exclusive east for emergency ingress and egress to the Contra Costa County Fine Protection District of Contra Costa County recorded March 20, 1987 in Book 13521 at page 840 of Official Records of said County. RFSERVIM 2HEREF": Pursuant to the provisions of Section 8340 of the Streets and Highways Code, the easement and right at any time, or frran 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 abandoned, including access to protect the property from all hazards in, upon, and over the area herein before described to be abandoned. RM:pg ex:oakvale