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HomeMy WebLinkAboutMINUTES - 06272006 - C.2 Recorders Seal TO: BOARD OF SUPERVISORS Contra '� Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , =U:;.,:iuon _. -. t/z DATE: June 27, 2006 County `ST5 CODN't't SUBJECT: Approve the Termination of an Offer of Dedication of a Drainage Easement across 3765 Pacheco Blvd., Martinez area. (District II) Project No. 4660-6X1882 (S&H Code §8330 et. seq.) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: DETERMINE that this Termination of an Offer of Dedication of a certain excess right of way not required for drainage purposes 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, et. seq. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference located in the Martinez area. CONTINUED ON ATTACHMENT: ❑D SIGNATjJRE: /ea i--- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓ APPROVE OTHER SIGNATURE(S): ACTION OF BOA D N �j,G�/sti /' aC/�"Kf' APPROVED AS RECOMMENDED V1, OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS 1S A TRUE AND CORRECT / COPY OF AN ACTION TAKEN AND ENTERED ON V UNANIMOUS(ABSENT ` ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Ron Babst(925)313-2226 RB:lad G:\RealProp\2006-Files\BOs&Res 06\130 Pacheco Blvd Term 06-27-06.doc ATTESTED ✓��1G ���� JOHN CULLEN,CLERK Or THE BOARD OF SUPERVISORS cc: Recorder(Via RP) Michelle M.McCarthy 532 Femvay Drive Walnut Geek,CA 94598 BY: 'DEPUTY SUBJECT: Approve the Termination of an Offer of Dedication of a Drainage Easement across 3765 Pacheco Blvd., Martinez area. (District II) Project No. 4660-6X1882 (S&H Code §8330 et. seq.) DATE: June 27, 2006 PAGE: 2 of 2 DETERMINE that the offered easement has been superseded by relocation and there are no other public utilities within the offered area. (S. &H. Code Section 8333) FIND that there is no reasonable probability that the County will accept the offered drainage easement into the County drainage system,that no public money has been expended for maintenance of the offered drainage easement and that it is in the best interests of the County and the public that the offered area be privately owned and maintained. TERMINATE the hereinabove described offer of dedication and ABANDON the right of the County to accept said offer. The Board is not aware of any existing in place utilities in the subject area. DIRECT the Real Property Division to have a certified copy of this Board Order recorded in the office of the County Recorder. DECLARE from and after the date this board order is recorded, the offer of dedication is terminated and the County's right to accept offer is abandoned. FISCAL IMPACT: None. REASONS FOR RECOMMENDATIONS AND BACKGROUND: In April of 2005, the previous owner entered into a 16902 Lake and Streambed Alteration Agreement with the Department of Fish and Game, which required that the stormdrain be installed within the existing open drainage chamlel and not in the location previously dedicated to the County. Said owner installed the facility which eliminated the need for the offered drainage area to the County. CONSEQUENCES OF NEGATIVE ACTION: The property owner's land will be encumbered with a drainage easement offered for dedication. r EXHIBIT "A" ALL THAT REAL PROPERTY DESIGNATED AS AN OFFER OF DEDICATION FOR DRAINAGE PURPOSES OT THE COUNTY OF CONTRA COSTA RECORDED ON THE 15TH DAY OF SEPTEMBER, 1995, SERIAL NUMBER 1995-154753,RECORDS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA