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Home My WebLink AboutMINUTES - 03062001 - C.3 Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Pina-Sandoval THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkerpa NOES: None ABSENT: None RESOLUTION NO. 2001/ 84 ABSTAIN: None (S. & H. Code § 8330 et. seq.) SUBJECT: VACATION OF A PORTION OF MARCIEL ROAD & DETERMINE THAT THE ACTIVITY IS NOT SUBJECT TO CEQA, PURSUANT TO ARTICLE 5, SECTION 15061(b)(3) - CP# 00-63 W.O. 1857 Tassajara Area The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of an excess right of way of a street or highway no longer required for street or highway purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the portion to be vacated is described in Exhibit "A" and shown as Exhibit "B" attached hereto and incorporated herein by reference. This vacation request is for an excess right of way of a street not required for street purposes. (S. & H. Code Section 8334). I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF :csp THE BOARD OF SUPERVISORS ON THE DATE SHOWN. G:\GrpData\Rea1Prop\2001-Files\BOs&RES\BR-V40Marciel.doc March 6 2001 Orig. Dept.: Public Works (R/P) ATTESTED Contact: C. Plfla-Sandoval JOHN SWEETEN, CLERK OF THE BOARD AND cc: See last page OLIN DMINIST T BYU, DEPUTY RESOLUTION NO. 2001/84 i This Board hereby FINDS that the proposed vacation will not have a significant effect on the environment, and that it has beenldetermined to be exempt from the California Environmental Quality Act under State CEQA guidelines Section 15061 (b)(3) 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 and a $25.00 fee to Community Development for processing of the Notice of Exemption. This Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that in accordance with its Resolution No. 81/522; this vacation is minor in nature and therefore exempt from general plan conformance review. This Board declares that the Hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion 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. Rev. 10/5/99 cc: Public Works Maint. (via R/P) Records (via R/P) Transportation Engineering (via R/P) Engineering Services - T. Torres (via R/P) Accounting (via R/P) County Counsel Community Development Recorder(via R/P) Applicant: Aliquot Associates for Wiedemann Properties 125 Ryan Industrial Court, Suite 109 San Ramon, CA 94583 i I i I I I RESOLUTION NO. _2001/84 I i Marciel Road CP# 00-63 EXHIBIT "A" All that certain real property described in the Deeds from Margaret Simas, a widow, to Contra Costa County recorded May 7, 1923 in Book 441 of Deeds at page 203, and in Book 441 of Deeds at page 207, Records of Contra Costa County, State of 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 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. This real property description has been prepared by me or under my direction, in conformance with the Pr Tonal L rveyors Act. Signature: SAND S`"'4L Li nsed Land Surveyor �c`Y��a� '•,r�..�y Contra Costa County Public Works � Exp. Date: `�- 1� - ��C) F OF CAL\i RZ:sg G:\GrpData\RealProp\2000-Files\00-8wlarciel Road 2.doc 143.97 _ APPARENT S 1A, SEC. 1 R=600.00 APPARENT N 1 4. SEC. 12 D=14'11'37' T.2 S.. R. 1 E. M.D.B.M. N0820'13' L=148.64 EXHIBIT "B„ 88.59 R=450.00 D=24'56'22' L=195.87 l l2TIFK:ATE OF COAfLIMICF DOG NO. 20004XX0398-W �► RECORDED 1-08.00 / 386.87 09E Hoiland Ranch 16 Yaps 348 H N15'20'47'E 216.85 12OL91 N15'28'45'E 324.56 R=400.00 D=12'11'41' L=85.14 CL MARCIEL h ROAD Q 40.00 NO3'17'040E ;8 75236 0 R=500.00 D-15'16'26' L=133.29 Lot 7 N71'59'22'W Hoiland Ranch P.O.B. 374.34 16 Maps 348 QQ FND 1-1/4' IRON PIPE TAGGED AS S8B'178Y2$ lig �. NOTED Lot 8 BASIS OF BEARINGS: THE Hoiland Ranch FOUND 1-1/4' IRON 16 Ma S 348 PIPES TAGGED AS 'HL 27' p P.O.C. -N06'46'41'W 560.24 (tie)I AND 'HL 28' AS DESCRIBED N76'01'56'W 371.58 1/ ON THE CONTRA COSTA I N70'43 27 E 207.501 COUNTY PRECISE TRAVERSE HL 27 ISAA FORM H.P. 2. 4-59, DATED 942NOF HL 29 2-3-77. HL 28 COMM COSTA COUNTY CAUFORNEA 123 RYAN INDUSTRIAL COURT Subject MARCIEL ROAD R-O-W ffm PLANNERS SUITE 109 CIVIL ENGINEERS SAN RAMON. CA. 94583 Job No. 98018.1 SURVEYORS 92938-5544 ALIQUOT 925-&35-5W7 (FA4 By NLJ Date 7-13-00 Chkd. V.D. SHEET 1 OF 2 9sots/I�.mT�ANsNaRow CERTIFICATE OF COMPLIANCE DOC.NO. 9&0293534-00 RECORDED 11-23-98 S8B 23"277 138.24 Z86 912 w N42'19'08T 429.71 � � =ca o - f•:Ti"i 9'08"E .?�0.1� . N42191087 890 Parcel A MS 226-77 N33'42'08'E �--N42'19'08'E 114.79 (84 PM 13) 64.38 N23'44'08'E 306.45 N=44 08$ 304.0 N22'36'35'E 79.92 -1--+--T--+ 1Y39'42"0874 64.18 i\ N1746'15'E - - - 152.20Sri Sg'4e< .Q, 1 NMVI 58-9 216.30 I _� C'yEfl\ R=300.00 D=1024'01' Parcel B o N L=54.48 MS 226-77 I > N2810'160E (84 PM 13) - 242.79 I I D '.. R=200.00 D=35'02 49 -+- + �+ N 4 -+� L=122.34 N06'29'05'W 239.64 40.00 �- R=400.00 ROW D=21 M3'04' L=146.96 Parcel C I f N27-32'09"W MS 226-77 52.15 (84 PM 13)CL 'AT R=250.00 ti D=39'45'43 ROADARCIEL L=173.49 - `� CEFMFrATE OF COAPLIANCF DOC.NO. 2000.0003398-00 RECORDED 1-08.00 - - N12'13'34'E R=350.00 248.67 D=13'00'24' L=79.45 N25'13'58'E Parcel D 168.23 MS 226-77 R=350.00 -`�'� D=19-22'36" (84 PM 13) L=118.37 MA TCHLINE SH T 1 N05'51'24.'E 143.97 _ �. APPARENT S 1/4, SEC. 1 R=600.00 APPARENT N 1/4, SEC. 12 D=14`11'37' / T.2 S., R. 1 E, M.D.B.M. CJNM LCOS U A CCUIIl1 11 ll CAL-FORMA 125 RYAN INDUSTRIAL COURT Subject MARCIEL ROAD R-O-W PLANNERS SUITE the CIVIL ENGNEERS SAN RAUDN. CA. 945M Job No. 98018.1 M SURVEYORS 925--&M-5544g NLJ Date 7-13-00 Chkd. D• ALIQUOT 925-838-5557 (FAX) y SHEET 2 OF 2 98018/pLOTPLANS/1iG.ROM DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1857 CP NO.: 00-63 ACTIVITY NAME: Marciel Road Vacation/Exchange DATE: June 22, 2000 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (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. DESCRIPTION OF THE ACTIVITY: The activity consists of the vacation of the existing right of way and acceptance of a new deed that correctly describes the actual roadway (approx. 40' by 5,390'). The original deed is too old to update, therefore the applicant must correct the legal description on the existing deed where portions of the paved right of way deviate by creating a new deed with the corrected legal description. In order to accept the new deed, which describes the actual roadway, Contra Costa County needs to summarily vacate the existing right of way and quitclaim it with the corrected legal description. LOCATION: The project is located on Marciel Road, north of Highland .Road, in south county, in the Tassajara area. (Figures 1 —4). l REVIEWED BY: �Z�� DATE: Cece Sellgren Environmental Planner APPROVED BY: `tel DATE: Community Development Representative tt GAGrpData\EngSvc\ENVIR0\2000 projects\CEQAonly\ Determ. ExempWarciel Rd.-Vacation-Exchange.doc I CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street, N. Wing - 4th Floor Martinez, CA 94SS3 Telephone: 335-1210 Fax: 33S-1222 TO: Development Engineer/Architect DATE: I FROM: Patrick Roche, Advance Planning I SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE Community Development staff has reviewed the attached project, CP 00- to determine if mandatory referral for General Plan Conformance, as required by Section 65402 of the Government Code, is necessary. The project needs no further mandatory referral clearance from County staff subject to the following actions: ( ) This project has been determined to be exempt from 65402 review. M This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 81/522 because the project involves a road alignment project of a minor nature. i ( ) The project site is located within the City of and should be referred to the City for 65402 review. I ( ) The project site is located within the City of Our Department does not review projects for General Plan Conformance (refer to Government Code Section 65402) that are located within a City. ( ) Community Development staff makes the following attached recommendation which should be incorporated into the staff report on this matter. The project needs mandatory referral and County staff. will process this project in the following manner: I ( ) 65402 review is required. Community Development staff will carry this matter before the appropriate Planning Commission. ( ) 65402 review must)be withheld until completion of an Environmental" Impact Report on this project. ( ) Other procedures. i ceaa.mr4aoc.99 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location Marciel Road Vacation/Exchange, County File #CP 00-33. Project Description The activity consists of the vacation of the existing right of way and acceptance of a new deed that correctly describes the actual roadway (approx. 40' by 5,390'). The original deed is too old to update, therefore the applicant must correct the legal description on the existing deed where portions of the paved right of way deviate by creating a new deed with the corrected legal description. In order to accept the new deed, which describes the actual roadway, Contra Costa County needs to summarily vacate the existing right of way and quitclaim it with the corrected legal description. Project Location; The activity is located on Marciel Road, north of Highland Road, in south county, in the Tassajara area. (Figures 1 – 4). This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) ✓ 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 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIR0\2000 projects\ CEQAonly\NOE\Marcie) Road Vacation.doc 0Ul) AS oll --AA 0 0-)3 vo cr •� ;H ,fie Cis' X LJ v ------ r`a ---- -, Lin V � o m N � N LO N N OIC ply N N (WT N — — W 730 Q1 •[- aO Pro•Iect zoc.7 tion _ MgRC6 — Z7 N co t � � All .�: �;� ;,• ter; . �; I X FEs � n t O d A O a O m y N_ Ir+• i A p0 O • Z CL C) IrD fn m Ln M Q d n • Project Location J ROAD �ARCtEL r r N_ tz r 1 j9 1 n Z fO Cu sP�p CARNEAL tD ROAD { x F p 73 70 i4 t!s Q� • •�► *. it!'os'.v s�,` st to t 12t ..t 0O T • o� •.rte.•+ i "�, „a•w'w w. O- q G T+ P Ca r• =w