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HomeMy WebLinkAboutMINUTES - 04052005 - 2005 RES 187 Recorded at the request of- Contra fContra Costa County Return to: Contra Costa County Public works Dept Real Property Division 255 Glacier Drive Martinez,CA 94553 Attention: Olivia D.Reynolds THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 5, 2005, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, AND UILKEM NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVED ABSTAIN: NONE RESOLUTION NO.2005/ 187 Resolution of Termination of Offer of Dedication (S. & H. Code § 8333 et. Seq.) SUBJECT: ADOPT Resolution No. 2405/ 187 approving the Termination of a portion of an Offer of Dedication of a roadway easement on W aterbird Way. [CP# 04-461 :Martinez Area. District H Project No. 0676-6Q1870 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of a portion of an Offer ofDedication of a certain excess roadway easement not required for street and highway purposes,is made pursuant to Government Code Section 7450 and to Division 9, Pat 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8333, et. seq. A description of the offered area to be terminated is described in Exhibit "A"' and shown on Exhibit"B", attached hereto, and incorporated herein by reference located in the Martinez area. This termination of an offer of dedication is for a roadway 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). !hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the OR:eh date shown. G:RealPmp\2005-Files\130s&Reso\BR Temti}patron Offer d Dedicat Waterbird\Way.doc Recording to be completed by Real Property ATTESTED: APRIL 05, 2005 Orig.Dept.: Public Works(Real Property) JOHN SWEETEN,Clerk of the Board of Contact:Olivia D.Reynolds(313-2306) Supervisors and County Administrator cc: See last page By Deputy RESOLUTION NO. 20051 187 SUBJECT ADOPT Resolution No. 2005/ 187 approving the Termination of a portion of an Offer of Dedication of a roadway easement. DATE: April 5, 2005 PAGE: 2 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. 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 California Environmental Quality Act under State CEQA guidelines pursuant to Section 15061 (b)(3). This Board 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 fee to the County Clerk for fling and a$25.00 fee to Community Development for processing of the Notice of Exemption. The Planning Commission having filed its general plan report concerning this proposed.termination AND/OR 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 OR that in accordance with its Resolution No. 81/522, 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 ofthe 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 the offer is abandoned. cc: Public Works Maintenance(via R/P) Records(via R/P) Transportation Engineering(via RIP) Engineering services—T.Torres(via RIP) Accounting(via R/P) County Counsel Community Development,Attn:D.Kelly Recorder(via R/P) EBMUD(via R/P) Thomas Brothers Maps Pacific Gas&Electric,Attn: Land Development Pacific Bell,Attn:R/W Dept.,2600 Camino Ramon,Rm. 3N8501, San Ramon,CA 94583 Centra Costa Water District Applicant: Mr.Roger L. Poynts UDI-TETRAD 1000 Burnett Avenue,Suite 1000 Concord,CA 94584 RESOLUTION NO. 2005/ 187 EXHIBIT"A" CONTRA COSTA COUNTY. TERMINATION OF A PORTION OF AN OFFER OF DEDICATION REAL PROPERTY IN THE CITY OF MARTINEZ, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF SECTION 15 AND SECTION 22, TOWNSHIP 2 NORTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN PER SERIES 02-0174781 AS FOLLOWS: BEGINNING AT MONUMENT 68164 PER CONTRA COSTA FLOOD CONTROL DISTRICT MAP ED-644. THENCE NORTH 37°5559" EAST, 611.37 FEET TO CONTRA COSTA COUNTY FLOOD CONTROL MONUMENT 68165 BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1615.40 FEET .AND A CENTRAL ANGLE OF 13041'23". THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1005623", A DISTANCE OF 348.36 FEET TO THE NORTHWEST CORNER OF THE EASEMENT AND THE TRUE POINT OF BEGINNING. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°44'29", 77.27 FEET. THENCE SOUTH 36"42'02" EAST AND A DISTANCE OF 847.92 FEET. THENCE SOUTH 8603834"WEST 1.16 FEET. THENCE SOUTH 81019'18" WEST 75.46 FEET. THENCE NORTH 36042'02"WEST 735.94 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING. AREA= 52,463 SQUARE FEET MORE OR LESS EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT, ^ Pyr 1 M *t4y ROGER POY TS LS 5222 t ESP. 6-.m3 -0 .. � �� . DATE L=7Z 27' R=1615.0007RUE POINT OF BEGINNING y� /r ►� �+► CON7RA COSTA COUNTY 6590 OR 298 Cs MONUMENT �'� �'c 'r►` 'c> (CCCFCD 68165) 1 ,' � L MONUMENT (CCCFCD 68164) � 1.16' ,/ �u S86", 8'34" 75.45' ry /� SQ1'19'18"W 100 50 0 100 200 300 SCALE IN FEET A.T & S.F. R.R. DRAWN: J.D.P. UDI--TETRAD CONSULTING ENGINEERS, INC. c83 CHECKED: R.L.P. 1000 BURNETT AVE #100, CONCORD CA 94520 (925) 674-0218 SURVEY: � SCALE: 1" = 10{0' APPROVED: EXHI� *9 DATE: 04/29/03 CONTRA COSTA COUNTY STREET R W JOB N0. 766 rf, 1 i DETERMINATION THAT AN ACTIVITY ji IS EXEMPT FROM THE rj CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) i' FILE NO.: 0676-6Q1870 CP NO.: 04-061 ACTIVITY NAME: Waterbird Way -Termination of a Portion of an Offer of Dedication DATE: March 1, 2004 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 termination of a portion of an Offer of Dedication (approximately 52,463 square.feet)of a roadway easement. This activity is located in Martinez on Waterbird Way along a portion of APN 159-250-015. (Fig. 3) Road improvements were never constructed. The County has determined that the portion offered for dedication is no longer needed and can be terminated. LOCATION: The activity is located in central Contra Costa County in the unincorporated area of Martinez (Figs. 1-3). REVIEWED BY 4CSeIIgren ,,,! DATE: ' Environmental Planner APPROVED BY: " DATE: Community Development Representative G:\GrpData\EngSvc\ENVIRO\RealProplWaterbird Wy-Termoffr\ CEQA\initial Study-'Term porion of OfferDed.doc