HomeMy WebLinkAboutMINUTES - 03011988 - T.3 T. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 1, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Presentation by George Swallow on issues pertinent to the
development of his property on Laurel Drive in Danville
Mr. George Swallow appeared and described to the Board the
difficulties he has encountered in trying to develop his property on
Laurel Drive in the Danville area, and to establish that there is
adequate access to that property. . He asked the Board to determine if
a deed was made in 1901 between the Freitas family and Contra Costa
County over a piece of property 10 miles long and 50 feet wide from
San Ramon Valley Boulevard to Tassajara Valley Road to enable him to
proceed in the development of his land.
Mr. Swallow advised that he had an application before the
City of Danville to develop the property, but that the City contends
that inadequate access exists from Laurel Drive across the Southern
Pacific right-of-way to his property.
Supervisor Schroder commented that as he understood the
request, Mr. Swallow wants the Board to make a determination and give
him a written document stating that he owns a 50-foot easement across
the Southern Pacific right-of-way to his property on Laurel Drive, but
that the Public Works Department' s records do not substantiate this.
County Counsel advised that when the County acquired the
Southern Pacific right-of-way, the Board adopted a policy that until a
determination was made as to its use, the County would do nothing to
weaken its title. He stated that there is a dispute between the
developer and the City of Danville, and that the developer has
resources to search the records and establish title.
Paul Gavey of the Real Property Division of the Public Works
Department advised that Pacific Gas and Electric Company has a license
agreement they obtained from Southern Pacific for rights to establish
a power line before the County acquired the property.
Supervisor McPeak inquired as to the intended use of the
property and as to the general plan designation and zoning.
Supervisor Schroder recommended deferring decision today and
since there has been some research done on this issue, that County
Counsel and the Real Property Division be requested to forward
relevant file materials on the matter to the Board members so as to
give further guidance on what course of action to take. He advised
that this is a very complicated issue and he felt the Board would like
to see the file materials before making a decision.
As recommended by Supervisor Schroder, IT IS BY THE BOARD
ORDERED that decision on the request of Mr. Swallow is DEFERRED to
March 15, 1988, and staff is requested to forward the requested file
materials to members of the Board as requested.
Supervisor Schroder advised that in the meantime he would
contact the Town of Danville and seek their position on the matter.
V't�!reby C'ar ity th-Wa�hIS k;a true,90d CO"rN pct C0pY ref
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cc: County Counsel Doerd of Say;NA3C.S on the dale shown.
Public Works (Real Property)
Supervisor Schroder ATTESTS
PH!L BATCH0.0R, Clerk®f.the Board
of Supervisors and County Administrator
r"Y ..._._ , Deputy