HomeMy WebLinkAboutMINUTES - 04231996 - C10 Recorded at the request of:
Contra Costa County
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Contra Costa County
Real Property Division
255 Glacier Drive
Martinez,CA 94553
Attention:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on APRIL 23, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 96F175
Resolution of Termination of
Offer of Dedication
(S. & H. Codes § 7050 & 8333)
SUBJECT: Termination of Offer of Dedication of Parcel "A a Public Service
Easement , W. O. 1840, Bay Point 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 public use, is made pursuant to Government Code Section 7050 and to
Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section
8330.
This termination request is for an Offer of Dedication of Parcel "A" a public service
easement located in Bay Point. 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 Parcel "A", a public service
easement, 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).
RESOLUTION NO. 96/175
Considering all facts before it, this Board FINDS there is no reasonable probability C11D
that the County will accept the public service easement, 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 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.
Orig.Dept.: Public Works(R/P)
cc: Public Works
Maint. (via R/P) Ihere byccrtiythatthistsatrueendconeCtcopyof
Records(via R/P) an action taken and entered on the minutes of the
Road Projects(via R/P) Board of Supervisors on the date shown.
County Counsel ATTESTED: Apri 1 2.1 1996
PHIL BATCHELOR Clerk of the Board
Community Development of Supervisors and County Administrator
Recorder(via R/P)
EBMUD, Land Management Div. BY U '—fluty
Thomas Brothers Maps
Pacific Gas and Electric
Attn: Land Department
Pacific Bell
Attn: Buck Keith,401 Lennon Ln.,Walnut Creek, CA 94598
Contra Costa Water District
West Contra Costa Sanitary District
Walnut Creek School District
Applicant: Kaufman & Broad of Northern California, Inc.
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RESOLUTION NO. 96/175
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EXHIBIT "A" MARCH 13, 1996
JOB NO.: 91267-50
LEGAL DESCRIPTION:
REAL PROPERTY IN AN UNINCORPORATED AREA, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL ONE:
.PARCEL A, AS SHOWN ON THE MAP OF SUBDIVISION 6450, FILED
OCTOBER 4, 1985, MAP BOOK 294, PAGE 42, CONTRA COSTA COUNTY
RECORDS.
EXCEPTING THEREFROM:
"ALL MINERALS, OIL, GAS, PETROLEUM, NAPHINA AND OTHER
HYDROCARBON SUBSTANCES LYING IN OR UNDER OR THAT MAY BE
PRODUCED FROM SAID LAND BELOW A DEPTH OF 500 FEET (MEASURED
VERTICALLY) BELOW THE PRESENT SURFACE OF SAID LAND, TOGETHER
WITH ALL NECESSARY AND CONVENIENT RIGHTS TO EXPLORE FOR,
DEVELOP, PRODUCE, EXTRACT AND TAKE THE SAME, INCLUDING THE
EXCLUSIVE RIGHT TO DIRECTIONALLY DRILL INTO AND THROUGH SAID
LAND FROM OTHER LANDS AND INTO THE SUBSURFACE OF OTHER
LANDS, ALL SUBJECT, HOWEVER, TO THE CONDITIONS AND
LIMITATIONS THAT IN THE ENJOYMENT OF THE INTEREST HEREBY
RESERVED, THE GRANTOR, ITS SUCCESSORS AND ASSIGNS MAY NOT
ENTER UPON THE SURFACE OF SAID LAND, NOR UPON THE SUBSURFACE
THEREOF, ABOVE A DEPTH OF 500 FEET (MEASURED VERTICALLY)
BELOW THE PRESENT SURFACE OF SAID LAND", AS RESERVED IN THE
DEED FROM MARY CLARA MOTA, ET AL, RECORDED DECEMBER 3, 1984,
BOOK 12087, PAGE 258, OFFICIAL RECORDS.
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MICHAEL P. BARBEE
AFI L.S. NO. 5077
EXPIRES: JUNE 30, 1999
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