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Home My WebLink AboutMINUTES - 06132006 - C.5 Contra TO: BOARD OF SUi FRVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR �� = '�` Costa DATE: June 13, 2006 "` `'% Count ti)`t COU`� SUBJECT: Approve the Vacation of a Grant Deed of Development Rights from a portion of Parcel D, Subdivision 6618, Blackhawk area. District W. DP05-3010 Government Code § 25367 Project No: 4660-6X1880 Task: N/A Acct: N/A SPECIFIC RLQULST(S)OR RL•CONINILNDA'IION(S)K BACKGROUND AND.IUSTIFICATION Recommended Action: A. .DETERMINE that the proposed change in property rights is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15305 of the CEQA Guidelines and FIND that the project will not have a significant effect on the environment. B. DETERMINE that this vacation request is for a grant deed of development rights no longer required for Public use (Government Code Section 25367). A description of the area to be vacated is described in Exhibit "A" and shown as Exhibit "B" attached hereto. C. DIRECT the Community Development Director to file a Notice of Exemption with the County Clerk, and D. DIRECT the Public Works Director to arrange for payment of the 525.00 handling fee to the County Clerk for filing and a 525.00.fee to Community Development for processing of the Notice of Exemption. E. DECLARE 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 Board Order is recorded, the portion vacated no longer is subject to the grant deed of development rights recorded in the oftice of this County's Recorder on April 22, 1956 in Book 300 of Maps at Page 14. F. DIRECT the Real Property Division to have a certified copy of the Board Order recorded in the Office of the County Recorder. Continued on Attachment: \ SIGNATURE: L,1ECOMJNIENDATION OF COUNTY ADMINISTRATOR _RECOiNUMENDATION OF BOARD COMMITTEE i—APPROVE O'1'IIEIt SIGNATURE(S). ACTION OF BOA D N u.77,e... APPROVED AS RECOMMENDED OTHER 'J l.' N'OOF SUPER ' 'Tolls ,//,/, IJNANI,NiOUS(ABSENT �" ° ��i ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the RD13:cs date shown. CJ:'GrpData\Riall'rup\�nUri-I ilex\ROs�l' Res 06\130 VacationGrant Deed 13N11) Orio. Div: Public W01-ks(R-IT) ATTESTED:_ L46 r7-C.- /%:y� G Contact: Cheryl Sousa(313-2252) JOHN CULLEN, Clerk of the Board of cc: County Administrator Supervisors and C my Administrator Community Development Dept.-R. Hemandez Auditor-Controller(via R/P) BY Deputy P. W.ACC011lltlll" PWD L'•nvironnwlltal-T.TOMS Recorder(via R/P) 1. Bergeron,Computer Services SUBJECT: ADOPT Resolution approving the vacation of a Grant Deed of Development Rights from a portion of Parcel D, Subdivision 6618. District M. Project No. 4660-6XI 880 DATE: June 13, 2006 PAGE: 2 Financial Impact: None. Reasons for Recommendations and Background: The Community Development Department received a request from Black Mountain Development to amend the Blackhawk Final Development Plan, to allow a transfer of a portion of deed restricted open space for augnnentation to two adjoining residential lots, and vacation of deed restrictions held by the County affecting the area proposed to be transferred. This 4,700 square food triangular area does not provide any advantage to the existing common open space, does not change the overall open space use or character of the land in a significant way. Consequences of Negative Action: If this action is not taken, it may create potential problems with the management, care, maintenance and overall stewardship of this land. 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)335-1206 Contact Person: Ryan Hernandez Project Description,Common Name(if any)and Location: Proposed Amendment to the Blackhawk Final Development Plan to allow a transfer of a portion of deed-restricted open space for augmentation to two adjoining residential lots, and vacation of deed restrictions held by the County affecting the area proposed to be transferred,County File#DP053010. The subject site is located at 5403 Blackhawk Drive in the Blackhawk area and includes APN(s)220-650-017,220-491-044 and 220-481- 031. 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)) XX Categorical Exemption,Class 5(a) Section 15305 for the following reason(s): Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including minor lot line adjustments not resulting in the creation of any new parcel. 6L Date: �v By: Commu Development Dep e presentative 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 County Clerk Fee$25 Due Receipt# EXHIBIT `A' LEGAL DESCRIPTION Scenic Easement to be Vacated Portion of APN 220-481-031 All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Parcel `D', as said Parcel is shown on the Map of Subdivision 6618, filed April 22, 1986, in Book 300 of Maps at Page 14, Contra Costa County Records, further described as follows: BEGINNING at the most southerly corner of said Parcel `D' (300-M-14); THENCE from said Point of Beginning along the westerly line of said Parcel `D' (300-M-14) North 23°13'17" West, 145.27 feet to the intersection with the northerly line of Lot 96, as said Lot is shown on the Map of Subdivision 6585, filed December 23, 1985, in Book 297 of Maps at Page 16, Contra Costa County Records; THENCE leaving said westerly line South 83'04'10" East, 74.51 feet; THENCE South 48'04'10" East, 1.90 feet; I THENCE South 8"21'l 9" East, 124.56 feet to the Point of Beginning. Containing an area of 3,920 square feet of land, more or less. �� Ow AR,0 C�" L+ No.CE-27818 J, CIVIL ��\P F OF i i i PARCEL "D" SUB'D 6618 (300-M-14) LIMITS OF EXISTING / - SCENIC EASEMENT � I � S83°p4, , S48004'10"E / F X451! \ 9.90, / I I I I N fid' h N LOT 96 LOT 192 TRACT 6585 TRACT 6618 (297-M-16) °ti (300-M-14) SCENIC EASEMENT P.O.B. TO BE VACATED .DEER FIELD WAY EXHIBIT "B" DeBolt Civil Engineering 3 27%06 PLAT TO ACCOMPANY 811 San Ramon Valley Boulevard Scale:-= 0, LEGAL DESCRIPTION [D) Danville,California 94526 B� SCENIC EASEMENT TO BE VACATED 925/s3�-3�so 1'0 43