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MINUTES - 06231998 - C11-C15
DELETED C. 11 June 23, 1998 Deleted from consideration approval and authorization for the Chair, Board of Supervisors, to execute the Joint Exercise of Powers Agreement with the City of Antioch for County furnished chipsealing of the entire width of Deer Valley Road and Heidron Ranch Road within the limits for the City of Antioch, Antioch area. THIS ITEM REMOVED FROM CONSIDERATION Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works dept Real Property division 255 Glacier Drive Martinez, CA 94553 Attention: C. PiFiia-Sandoval THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 23, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/ 327 Resolution of Termination of Offer of Dedication (S. & H. Code § 8330 et. Seq.) SUBJECT: Termination of a Portion of Offer of Dedication of a Roadway Easement In Minor Subdivision 121-71, Oakley Area, W.O. 1852 CDD-CP# 98-49 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of a portion of an Offer of Dedication of a certain excess right of way not required for road purposes, is made pursuant to Government Code Section 86477.2(c) and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the offered area to be terminated Is attached hereto as Exhibit"A"and shown on Exhibit"B"and Is located In the Oakley area. This termination of a portion of an offer of dedication is for an excess right-of-way of a street or highway not required for street or highway purposes. (S. & H. Code Section 8334). Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered roadway into the County road system, that no public money has 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. RESOLUTION NO. 98/327 This Board hereby FINDS that the proposed termination will not have a significant effect on the environment, and that it has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)( )of the CEQA Guidelines, and DIRECTS the Director of Community Development 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 the Notice of Exemption. This Board having considered the general plan, FINDS that in accordance with its Resolution No. 811522, this termination is minor in nature and is therefore exempt from general plan conformance review. 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 (RIP) cc: Public Works -C. Pitta-Sandoval I hereby certify that this is a true and correct Maint. (via R/P) copy of an action taken and entered on the Records (via RIP) minutes of the Board of Supervisors on the Road Engineering (via RIP) date shown. Design-J. Frattini(via RIP) JUN ATTESTED: County Counsel Community Development PHIL BATCHELOR, Clerk of the Board Recorder(via RIP) of Supervisors and County Administrator EBMUD, Lend Management Div. By Deputy Pacific Cas and Electric Attn: Land Department Pacific Bell 2600 Camino Ramon, Rm: 3N8501, San Ramon, CA 94583 Contra Costa Water District Stege Sanitary District Diablo Water District Applicant: Mike&Therea Citro,et.Al. 395 W. Bolton Oakley, CA 94561 :csp g:\grpdata\realprop\9M\V45MS12l.doc (Form updated 7/97) RESOLUTION NO. 98L327 Termination of (Portion of) Offer of Dedication 21 Parcel Map 46 MS 121-71 EXHIBIT "A" Real Property in the unincorporated area of the County of Contra Costa, State of California being a portion of the west one-half of the southeast one-quarter of Section 36, Township 2 North, Range 2 East, Mount Diablo Meridian described as follows: The fifty-six-foot (56') strip of land shown on Parcels "A" 11B '" T," and "D," as the "56 ft. strip dedicated to Contra Costa County" on the Parcel Map (MS 121-71) filed April 24, 1972, in Book 21 of Parcel Maps at page 45, Contra Costa County records lying between the northerly line of Brownstone Road and the southerly line of the twenty-eight-foot(28') strip of land shown on Parcels"A"and "B" (21 PM46) as "28 ft. strip dedicated to Contra Costa County," including the :additional areas necessary for the twenty foot (20') radius right of way returns as shown on said map (21 PM45). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: JAMES Licensed tand Surveyor A Contra Costa County Public Works STEIN x '3 6571 Date: -- ZI t -- ('7- ____... JS:pe G:'GtDaft1CWe4stEXHISITSWSt21-71T*ffnr*Wm.doe kuy 21.1988 1 f � ^C � = y w y afK n i t � o e 4 N rn 4 q , # 4s � •k� « �� to � ri W r( w { ti w a) �� sr co s: t r 7-0 L y 3 ItO O %A + O r DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)' FILE NO.: 0676-601852 CP NO.: 98-49 ACTIVITY NAME: Termination of a portion of Offer of Dedication—Minter Sub 121-�71 DATE: May 28, 1998 PREPARED BY: Janet Frattini This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 16061 (b)(3) of the CEQA Guidelines.' It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Q.Z§CRIPTIgN,0F THE ACTIVITY: The purpose of the activity is to vacate the County's interest in a portion of Minor Sub 121-71 (portions of APN 0134.220-929-032) totaling approximately 1acre. The Transportation Engineering Division of the,Public Works Department has Identified this approximately 56wide by 880 long strip of the above noted parcels as surplus road right-of-way and determined it unnecessary for present or prospective public use. No new pant will be created as a result of vacating this portion of the parcel. LOC M: The parcel is located off of Brownstone Road In the east county area of Brentwood (Figures 1-3). REVIEWED BY: DATE.: Ceoe Sellgren Environmental Planner APPROVED 8 .� DATE: Community Development Representative HAd#tsrrn1n%min*r*ub121.71.det (f=orm Revised 2107) FIGURE 1 4 CLI 3�11jj �LL y /y4y�rJr �. LLJ <1 Lu , -- 1Li _ / c.' —' • Q ., C? TO �: -- �-- Ln *0 Li Li a Li • z U �- <• � uj a,. i PROJECT"VICINITY � FIG � ., ..... 3C[ rJ 7 Nov _ TM iff IF �. * �.. 1.5 a +J4Mi ,i.,-f''-•-, �� a'�. t •. i �.. s CA 6A lei tr, �8 ��'• g t •�..`+t.: .."�^E^—itwl.—`+ .... }+fit � � t� t-.... ,,,,,,z "`•+.� '�I ��'•� 3 i f Y, i' �;7 Vii''_"^"'�"+•�.....--....._."_� „« ' � S� t alKi AV « d7 r Gl } '��•r"" `�,y.y,y 'S"..�„ f �i"{>uTS7�".' t^i � v t t :t 1i a - . StrF "�d TTT""" NOT TO SCALE LOCATION Shaded area represents area " .r to be terminated r �� 4 •i/ •phi Y 1 ; pq rr { fJ t i t f � S t 4� ♦ T ,p � -- ---�—, ",.EJB""•.__„_ #�� �I CIE 1) Ila . 1� e { � 4 r fie .p �. of _._ NOT TO SCALE bmAkA ToTr-l.. P.010 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Vying, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313.2298 Contact Person:Cece Seli-oxen - Public Works Dept. Project Description, Common Name (if any) and Location: , Termination of Offerof Dedication County File #CP 98-49 : Project Description: : The purpose of the activity is to vacate the County's interest in a portion of Minor Sub 121-71 (portions of APN 034-220-029-032) totaling approximately 1 acre. The Transportation Engineering Division of the Public Works Department has identified this approximately 56 wide by 880' long strip of the above noted parcels as surplus road right-of-way and determined it unnecessary for present or prospective public use. No new parcel will be created as a result of vacating this portion of the parcel. Project location: The parcel is located off of Brownstone Road in the east county area of Brentwood. This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section_ _ Declared Emergency (Sec. 15269(x)) ✓ General Rule of Applicability (Section 15061(b)(3) Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 an: Janet Frattini County Clerk Fee$25 Due K\noe'stmi norsub121-71.n oe (Rev. 2/97) L..0 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 23, 1998 SUBJECT: ACCEPTANCE OF OFFER OF DEDICATION IN CONNECTION WITH THE STONE VALLEY ROAD SHOULDER IMPROVEMENT PROJECT-ALAMO AREA Project No.: 4660-5X4244 SPECIFIC REQUEST(S)OR RECOMMEM ATtON(S)d SACV,0aOUND AND JUSTIFICATION 1. Recommended Action: A. ACCEPT from Anthony B. Vami and Marlene Vami a portion of the area marked Storm Drain Easement, or "S.D.E." dedicated to the County of Contra Costa, or its designee, lying within the boundary of Lot 4 as shown on the map of Subdivision 4720 filed July 13, 1978, in Book 214 of Maps at page 24 of Official Records of said County, as described in the attached Exhibit"A." S. DIRECT the Real Property Division to have a certified Copy of this Board Order recorded in the Office of the County Recorder. r Continued on Attachment: , SIGNATURE: i RECOMMENDATION OF COUNTY ADMINISTRATO RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER nVO E OF SUPERVISORS ,_ UNANIMOUS(ABSENT ) AYES: ,NOES:.... ASSENT: ABSTAIN: RB:qpp: I hereby certify that this is;a true and correct G:1GrpDatalRealPrcp188-$\SOA23.6.doc copy of an action taken and entered on the Orig.Div: Public Works(R/P) minutes of the Board of Supervisors on the Contact: Ronald Babst(313-2226) date shown. JUN 2 g y g cc: County Administrator ATTESTED: .._-.... - Recorder(via RIP) PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By- ►. + _ . ......,....�...Deputy Acceptance of offer of Dedication June 23, 1998 Page Two If. Financial Iml2act' No costs involved. lit, Reasons for Recommendations and Backe : To give the County the necessary right of way to make drainage improvements along the shoulder of Stone Valley Road. 1V. Q2nseguencgs of Negative Action: Negative aciton would require us to purchase the already dedicated right of way. Stone Valley Road Partial Acceptance Storm Drain Easement Lot 4 Sub 4720 (214M24) EXHIBIT "A" A portion of Lot 4 of Subdivision 4720 filed July 13, 1978 in Book 214 of Maps at page 24 Contra Costa County, California, described as follows: Beginning at the most northerly comer of said Lot 4 (214M24); thence from said Point of Beginning south 71029'57"east 50.00 feet; thence along a tangent curve, concave to the southwest, having a radius of 958.07 feet, through a central angle of 5001'30" an arc distance of 84.03 feet; thence non-tangent to said curve south 7°41'00"east 14.56 feet; thence south 82°19' OU'west 22.47 feet; thence north 7°41'00" west 22.00 feet to a point on a non-tangent curve, a radial to said point bears north 22008'19" east; thence along said curve, having a radius of 953.07 feet through a central angle of 3°38'16" an arc distance of 60.51 feet; thence non-tangent to said curve north 69013'00"west 41.94 feet; thence north 49008'52"west 8.76 feet to the Point', of Beginning. Bearings are based on the California Coordinate System Zone Ill (CCS27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor Zw , Contra Costa County Public Works Dater /.5= 2 g:icler callexhibits\SVall'ey 5.doc .lune 15, 1998 1 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 23, 1998 SUBJECT: SUB. 7582, HILLCREST ROAD IMPROVEMENTS—EL SOBRANTE AREA Project No.: 0651-6L5078 Task: ACQ Account: 3540 E (5)OR REE30131 NJ& R NO A Q JUS IC foN 1. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT the Grant Deed dated June 15, 1958 from Obadiah and Genell Bailey. B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of $10,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Placer Title Company, 1981 No. Broadway, Walnut Creek, California, 94596, Escrow No. 210571 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. Continued on Attachment:,,_,,,,,, SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON AN 2 3 1998 APPROVED AS RECOMMENDED OTHER„_ VO E OF SUPERVISORS UNANIMOUS(ABSENT _, ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the DD:gpp G:1GrpDatalRealPropl58-618©223-6.dc�c minutes of the Board. of Supervisors on the (Orig.Div: Public Warks(R/P) date shown. Juti 23 Contact: Donna Dawkins(313-2224) ATTESTED: cc: County Administrator PHIL BATCHELOR, Clerk of the Board Auditor-Controller(via RfP) of supervisors and County Administrator P.W.Accounting Deputy Recorder(via RIP) Et. Fin�anccialImpact: Payment of$10,000 from the developer of Subdivision 7582. Reasons for Recommendations and [ ackground: These property rights are required for the Hillcrest Road improvement project in accordance with the approved plans and specifications and the Conditions of Approval for Subdivision 7582. 1V. Consequences ref Negative +ion: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recorded at the request of: Centra Costa County ,s"1 Return to: CJ Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: D. Dawkins Portion of Assessor's Parcel No. 420-160-074 Title Co. Order No. 210571 GRANT DEED For Value Received, OBADIAH BAILEY and GENELL BAILEY, his wife, GRANT to CONTRA COSTA COUNTY, a political subdivision of the State of California, -the-following described real property in the unincorporated area of the County of Contra Costa,Sfsite of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHER HERETO? AND MADE A FART HEREOF. GRANTORS date Obadiah Bailey Genell Bailey ATTACH APPROPRIATE ACKNOWLEDGMENT DD:gpp G:\GrpData\2ealProp\98 41de1-Bailey April 22,1998 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA -- COUNTY OF (� On U(_)E, � 5 . )q — before me, o&�Y Gu , Notary Public, personally appeared C-i,er personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) istare subscribed to the within instrument and acknowledged to me that he tshelthey executed the same in his/her/their authorized capacky(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal �t.rwiz - fma CWXft Signature DOUWY ill rint MAi!11.2W, (Seal) SF-94748(Rev.c-819.5) HILLCREST ROAD RIGHT-OF-WAY WIDENING A portion Of Lot 26, as stu7.4n on the map entitled, ""Map of North Ram, _.. C intra Costa Co., California", filed on Affil 6, 1908, in the office of the C= Romer of said C mmty, in Hook 1 of Maps at Page 1.8, described as follows: Beginning at the intersection of the .north line of Cerrito Road with the east Line of RI-Uca:est Read; thence fr am said point of beginning, along said east line of Hinc rest Fuad north 1602512111 east, 95.52 feet and north 36045'211' east, 1.3.59 feet to the north line of said Lot 26; thence south 89006'09" east, along said north Line of Lot 26, 6.50 feet; them leaving said r=th line along a non-tangent curve to the left, the 'om*er of which bear" south. 56046114" east, having a radius of 140.00 feet, through a central angle of 16048125114, an arc length of 41.07 feet to a point of tangency; thence south 1602V2-111 west, 51.51. feet; thence sauth 31035'25" east, 26.91 feet to said north lige, of Cerrito Read; thence a.I.ong said north line of Cerrito Road north, 73034'39" west, 25.0© ..feet: to the point of beginning. Containing 766.25 square feet, more or less. �Q�t�FcSSt�+,y�s `yp„WC]t�r� �� C No.21,856 � Exp.9-30-97 Ckli EXHIBIT "A 95017 AAMW {y�yyy�� � ` 6.50' (4Y, f�`�y �•l HILLGREST ROAD RIGHT-CIF—WAY 4 WIDENING br 3A11 r I 18120 OR 397) ro tc, t} nn Sj A rm � y , EXE?. M- 7 yrs. At 9"3017 F TEMPORARY CONSTRUCTION TO EXPIRE UPON EASEMENT C MRMON OF CONSTRUCTION D wH,Gmm OOvtms FIRsT legal tion: A Port--ign of lot 26, as shxrwn On.the m entitled Cm1tra Costa Co. Calif n P r � of North R:ic�fY3 COuntY , filed on April 6, 1908, in the office of the follows +Recorder of said C=ray,, in Book 1 of Maps at Page 18, described as east line of q at the intersection- of the north 1=1. of C,rrito Raid with the liil.l=e.st Rte, there fr= said point of �x merit, along said north • line of Cerrito Rzad socxth 73034'3911 east, 25.00 feet to the point of b9gi toning' for thus des=i ption; them leaving said north Jim Of Cp-=it.O Road north 31035.2511 West, 26.91 feet; thence north _ 1602512111 est, 51.51• feet; thence along a tangent curve to the right, >having a radius 41 140.00 feet, thx:c�ugh a cl:ntra3, angle of 16048!251' an arc length of 41.07 feet to a point 0f n- wee non-tangency; thence 890'06'`09" east 10.82 feet, thence south 24049,34"' west, - 43.85 feet; thence south, 16b25'2111 Wit,r 53.79 feet; thence south, 31035'25" east, 16.03 feet; therjcee scx��l 73034 39 ea at, 27.1,3 feet; th ' � nOrthl 16'52512111 them south 73034'39'1 east, 50.00 feet, thence south 16925--23.1f feet; 20.00 feet t0 said north Brie Of Cerrito Road; thence al0 West Of Ce=ito Road north 73034-3911'West, 79.05 feet to the said north line point of begin. Containing 2234.55 square feet, more or less. �V of ESsi c9 � No.21.858 Exp.9.30.1- CIVIL F`OP Cal EXHIBIT #.A#. 93017 t — — I A ww.WJZd?,m= un A*"t Ont wm_t 601W.aw""t ~ - fl 10-82* • f A=l 6*481125" `�.� � S89'06'09"E R=140.00 L=41.07 10.01 (8120 OR .39.7) io a to TE3VPORARY CONSTRUCTION EASEMENT ~• FGR TI-C— RICWT TO ENTER CONSTRUCT k '`'cs► v'f S 16.03'5x E ttv w •� '- V i potNl` g 0 r Co y4(tNCE Bio jNN J � a . OfEs EXHIBIT "All No.21.856 cr- r p.9.34 'err vii FOF 110 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on Tune 23, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the Public Warks Director to Arrange for Completion of Improvements, and Authorizing County Counsel to Secure Funds for Completion of Improvements, Subdivision 7456, Alamo area. The Board on April 8, 1997, having approved a subdivision agreement with Black Pointe Homes, Inc., for construction of certain improvements in Subdivision 7456, Alamo area. The Public Works Director having reported that the developer has failed to satisfactorily complete the work as required by said agreement. The Public Works Director having further recommended that he authorized to arrange for completing the work (estimated to be $222,800, plus the cost of preparing plans and specifications, solicitation of bids, administering the contract, and any cost involved in recovering monies from Developers Insurance Company (Bond No. 422132 S in the amount $222,800 for faithful performance), using the $2,300 cash deposit (Auditor's Deposit Permit No. 291448, dated March 3, 1997) made by Black Pointe Homes, Inc., to help defray the County's cost. The Public Works Director having further reported that the County cannot fund the construction of said improvements without first obtaining monies from the surety or financial institution securing the agreement, and recommends that County Counsel be authorized to proceed against the subdivider and the corporate surety bond dated February 24, 1997, and issued by Developers Insurance Company (Bond No. 422132 S) in the amount $222,800 for faithful performance to make the funds available to complete said improvements and to defray County's cost incurred in securing said funds. IT IS BY THE BOARD ORDERED that the recommendations of the Public Works Director are APPROVER. RL:mw 1 hereby certify that this Is a true and correct G:\GrpData\HngSvc\BO\BO6-23-98.doe copy of an action taken and entered on the Originator: Public W ) minutes of the Board of Supervisors on the Contact: Rich Lieriy(313-234813-2348date shown. } ATTESTED: -JUN 2 31 cr. Public Works -Accounting PHIL BATCHELOR, Clerk of the Beard -R.Bruno,ConstructionDesign of Supervisors and County Administrator Administrator o Auditor-ControlBy r ,< ' County Counsel y � •�����^��� Deputy Black Ponte Homes,Inc. 3400 Citrus Circle,Suite I 11,Walnut Creek,CA 94598 Developers Insurance Company 3100 Oak Road,Suite 260,Walnut Creek,CA 94596