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HomeMy WebLinkAboutMINUTES - 05041993 - H.1 t � • H.1 Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Ronald Babst THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 4, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Vacation of portions of Holland Tract Road) RESOLUTION NO. 93/ 218 Vacation No. 1809) Resolution & Order Vacating W.O. #1600) a Public Street.. Bethel Island Area) (S.& H.C. § 8324) The Board of Supervisors of Contra Costa County RESOLVES THAT: On April 6, 1993, this Board passed Resolution No. 93/168, declaring its intention to vacate portions of the County street described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed May 4, 1993, at 11:00 a.m., in its Chambers, as the time and place for the hearing thereon, and ordered that the resolution be published and posted as required by law, which was done as shown on affidavits on file with this Board. The hearing was held at that time and place, this Board hearing and duly considering all evidence offered concerning the vacation by all interested parties. This Board hereby determines pursuant to Streets and Highways Code Section 2381 that the area to be vacated is not useful as a non-motorized transportation facility. This Board hereby FINDS that the public road is unnecessary for present or prospective public use. This Board hereby FINDS that the proposed vacation will not have a significant effect on the environment, and that it has been determined to be categorically exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15312. The Director of Community Development is ORDERED to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. The Planning Commission having filed its general plan report concerning this proposed vacation 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. RESOLUTION NO. 93/_L18 r Resolution & Order Vacating a Public Street May 4, 1993 Page Two This Board declares that the hereinabove described proposed vacation areas are 11 HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portions vacated no longer constitutes a public highway. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. hereby certify trial this is a true and correct copy f an action taken and entered on the minutes of the Board of Su Ir the date shown. ATTESTED: 11993 , o PHIL BATCHELOR,clerk of the Board of Supervisors and Court Administrator Orig. Dept.: Public Works (R/P) By „ ,Deputy Contact: Ronald Babst (313-2226) cc: Public Works Maint. (via R/P) Road Engineering (via R/P) Records (via R/P) County Counsel Community Development Recorder (via R/P) EBMUD, Land Management Division Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell Attn: Buck Keith 401 Lennon Lane, Rm. 205, Walnut Creek, CA 94598 Contra Costa Water District Stege Sanitary District Oakley County Water District RIB:gIo c:V184.t5 4 F E X H I B I T "A" Holland Tract Road Road No. 9273 August 20, 1980 Abandonment Portions of the County Road known as Holland Tract Road described in deed to Contra Costa County recorded;August 23, 1950, in book 1620 of Official Records at page 3, records of Contra Costa County, State of California, described as follows: Parcel One That portion of said Holland Tract Road described as Parcel II in said Deed-to Contra Costa County (1621 OR'.3). Parcel Two That portion of said Holland Tract Road described in said deed to Contra Costa County (1621 OR 3) as Parcel IV and that portion of Parcel 111 (1621 OR 3) which lies northerly of the northerly line of the parcel of land described in deed to Western Water Ways, Inc., a California corporation,,recorded December 20, 1977, in book 8638 of Official Records at page 353, records of said County. RESERVING THEREFROM: Pursuant to the provisions of Section 8344 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 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. Mrs c:holland.ex April 24, 1990 t. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Date: April 15, 1993 STAFF REPORT TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: Vacation of portions of Holland Tract Road Vacation No. V1809 Area: Bethel Island Hearing at 11:00 a.m., May 4, 1993 I. INTRODUCTION The County proposes to vacate portions of Holland Tract Road. California Environmental Quality Act requirements for this proposal have been satisfied by a Categorical Exemption class 5C. The East County Regional Planning Commission on February 1, 1993, found this project to be in conformance with the existing General Plan. II. REASON FOR REQUEST In October 1990, the Board of Supervisors authorized a temporary closure of the eastern and western segments of Holland Tract Road due to prior storm damage. This closure is still in effect. Holland Tract Road is located on top of an existing levee which protects Holland Tract from delta waters and flooding. The levee is presently maintained by Reclamation District 2025. To avoid flooding of Holland Tract, the Reclamation District needs to raise the elevation of the levee but only has the funds to reconstruct it to private road standard rather than public road standards. If the proposed vacation occurs, the existing lock gates would remain and the vacated road segments would continue to be accessible to the private property owners and to the Reclamation District to provide routine maintenance. III. RECOMMENDATION It is recommended that the subject street segments be ordered vacated. RB:glo c:V16HTRdA4