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HomeMy WebLinkAboutMINUTES - 04121988 - 2.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 12, 1988 by the following vote: AYES: Supervisors Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisors Powers, McPeak ABSTAIN: None SUBJECT: George Swallow Request, Laurel Drive Property The Board on March 1, 1988 deferred to this date decision on request by George Swallow that the County acknowledge the existence and validity of a right-of-way to provide access to his property located at 266 and 386 Laurel Drive, Danville. The Board received the attached report dated April 12, 1988 from Michael Walford, Public Works Director, advising that staff had determined that the public road no longer exists and the public does not have any rights to an easement. Supervisor Schroder advised that he has been in contact with Mr. Swallow, representatives of the Town of Danville, and CALTRANS and the involved parties are attempting to resolve the issue. He therefore recommended that a decision be deferred for one month on Mr. Swallow' s request. IT IS BY THE BOARD ORDERED that decision on the request of George Swallow concerning property on Laurel Drive, Danville is CONTINUED to May 10, 1988. cc: Public Works County Administrator I hereby certtfy that this is a true and correct copy of an act; n taken and entered on t c__= -;Inn{_s o:the So rd of Supervisors on the dare a J-own. ATT EST E.D: -c HED, fl, Cfeii: at the Board C: s i y5 5`si'$d'a"i and Cousity Adni"nistrator TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 12 , 1988 SUBJECT: Report re: Request of George A. Swallow for Board to Affirm a 50' Road Crossing of the former Southern Pacific Railroad Property at Laurel Drive in Danville SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: A. ACKNOWLEDGE receipt of staff file regarding the request of George A. Swallow for the Board to affirm a 50' road crossing of the former Southern Pacific Railroad property. B. APPROVE Staff determination that evidence presented by the property owners and evidence in County files and public records establish that the only existing vehicular crossing of the former Southern Pacific Railroad property, to the Swallow property is the right reserved in the 1890 deed from J. O. Boone to the Southern Pacific Railroad; and the former 50' wide public road that crossed the railroad no longer exists and the public does not have any rights to an easement. II. Financial Impact: No financial impact for the above action. (If 6lie requested Cont'd on Attachment: X yes Signature•. Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) Action of Board on proved as recommended Other Vote of Supe ' sors Unanimous Absent ) I HER CERTIFY THAT THIS Ayes: es: IS A TRUE AND CORRECT COPY Absent: stain: OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON DATE SHOWN. STED PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY DEP Orig. Div: Public Works (R/P) cc: County Administrator County Counsel Property Owners PBG:rs BO:sp.t4 50' wide street crossing is granted, the County property would be devalued for any future use. ) III. Background and Reasons for Recommendations: The strip of land over which Mr. Swallow has formally requested the County to grant, or acknowledge existence of, a 50' wide road, is part of the former Southern Pacific Railroad, San Ramon Branch Line. The property was sold to the Southern Pacific Railroad Company in 1890 by J. . O. Boone, a former owner of the Swallow property. In the deed to the Railroad, Boone reserved the right the cross the property for farming purposes. In 1901 the County accepted a deed for a 50' wide road that crossed this property along its course from Sycamore Valley to what is now San Ramon Valley Boulevard. This deed was signed by all property owners along the road except the Railroad. The Railroad, which operated trains and tracks on the property from 1891 until 1977, permitted the road crossing from 1901 until 1963 without granting any permanent property rights. In 1963 the County rerouted the road so that it no longer crossed the railroad property. Fifteen years later in 1978, the Railroad was abandoned. Twenty three years after the County road crossing had been rerouted (December 30, 1986) the County purchased the property from Southern Pacific Transportation Company. The Staff file contains no evidence that the public has acquired an easement over this segment of the former Southern Pacific Right of Way by express grant, prescription or implied dedication. Prescriptive rights cannot be acquired on property owned by a railroad or a public entity. There is no evidence to indicate that in the years after the Railroad abandoned the crossing area and before the County acquired the property, the public used the former road area in such a way as to acquire rights by prescription or by implied dedication.