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HomeMy WebLinkAboutMINUTES - 07111989 - 1.12 . I 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 July: 11, 1989 b the following Y 5 vote: AYES: Supervisors Powers , Fander , Schroder, McPeak & Torlakson_ NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 89/ 445 Resolution of Termination of Offer of Dedication (S. & H. Code Section 8335) SUBJECT: Termination of Offer of Dedication of a Road Extension off La Vista Road, No. 2057D, W. 0. 1' 1812, 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 road "'purposes, is made pursuant to Government Code Section 66477.2 (c)I 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 road extension off La Vista Road located in 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 of an offer of dedication is for a road extension off La Vista Road which has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the date of" this action. (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 roadway, that no public money has ll!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 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 this Board);, and this Board approves said Negative Declara- RESOLUTION NO 89/445 tion's adequacy for California Environmental Quality Act purposes. The Public Works Director is ORDERED to file a Notice of Determination with the 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 this proposed vacation is in conformance with the general plan, 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 offer is abandoned. I hereby certify that this Is a true and correct copy of an action taken ano entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL 11 1989 PHIL BATCHELOR,Clerk of the Board of Supendsore and County Administrator 8y �.1L�lbfi6 .De" Orig. Dept. : Public Works (R/P) cc: Public Works Maint. (via R/P) Records (via R/P) Road Projects (via R/P) County Counsel 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: Gilbert Smith 3181 Walnut Blvd. Walnut Creek, CA 94596 RB:rs V45.t7 Vacation 2057D EXHIBIT "A" All of the 11251 Roadway easement" as shown on lot 16 and lot 17 of Tract 2079 filed August 18, 1954 in Book 54 of Maps at page 41, records of Contra Costa County, California. 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 existing and in place utilities, as of the date of recordi-ng 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. RZ:cw vac.2057 {