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HomeMy WebLinkAboutMINUTES - 04172007 - C.3 L � C TO: BOARD OF SUPERVISORS t�E Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: April 17, 2007 °°' - "`�~~ County SQA COUIZ� SUBJECT: Determine that the activity is exempt from the California Environmental Quality Act(CEQA)Guidelines and determine that the summary vacation is for an excess portion of road right of way Saranap Avenue, Walnut Creek area. (District II) [CDD-CP#06-88] Project No. 0676-6Q1885 (S&H Code §8334) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. DETERMINE that the proposed vacation will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061 (b)(3), and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk,and DIRECT the Public Works Director to arrange for payment of a $50.00 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, FIND pursuant to Government Code Section 65402 that this proposed vacation is exempt from general plan conformance review. B. DETERMINE that this summary vacation of an excess portion of right of way of a street or highway Saranap Avenue 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 8 30, et. seq. A descVption of the portion to be vacated is attached hereto as Exhibit"A"and shown as Exh' it`B"and incorp ated herein by reference. Continued on Attachment: X SIGNATURE: c-<ECOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER r SIGNATURE(S): ACTION OF BOA D ON -V,;/ /A APPROVED AS RECOMMENDED OTHER VO OF SUPE ORS �/ UNANIMOUS(ABSENT) AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ABSENT: ABSTAIN: ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. :csp:id G:\RealProp\2007-Files\BOS&Res 07\130 Saranap Vacation.doc v ' Orig.Div: Public Works(R/P) ATTESTED: Contact: C.Pina-Sandoval(313-2012) JOKN CULLEN,CLERK OF THE BOARD OF cc: County Administrator SUPERVISQRS County Counsel Community Development BY 'DEPUTY Accounting Transportation Eng(via R/P) Recorder(via R/P) Maintenance(via R/P) T.Torres,Eng.Svcs.—Environ. I.Bergeron,Computer Services Applicant(via R/P) SUBJECT: Determine that the activity is exempt from the California Environmental Quality Act (CEQA) Guidelines and determine that the summary vacation is for an excess portion of road right of way Saranap Avenue, Walnut Creek area. (District II) [CDD-CP#06-88] Project No. 0676-6Q1885 DATE: April 17, 2007 PAGE: 2 of 2 C. DETERMINE that this summary vacation is for excess right of way of a street or highway not required for street or highway purposes. (S&H Code Section 8334) D. DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder. E. DECLARE from and after the date this Board Order is recorded,the described proposed vacation is HEREBY ORDERED VACATED subject to any reservation and exception described in Exhibit "A" and it no longer constitutes a public highway. Financial Impact: No Fiscal Impact Reasons for Recommendations and Background: An excess portion of right of way area(approximately 49 ft. x 144 ft) at the corner of Saranap Avenue and Juanita Drive is no longer required for street or highway purposes. A 10-foot wide access easement from the edge of the roadway will be retained by the County for future sidewalk and utility improvements. Consequences of Negative Action: The County may be responsible for the maintenance of this area. Saranap Avenue Partial Vacation Drawing No. A-3744-2006 EXHIBIT "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the County Road (Saranap Avenue) as shown on the map titled "Sun Valley Estates Contra Costa County" filed February 8, 1946 in Book 28 of Maps at Page 27, Contra Costa County records, described as follows: Parcel One —Vacation Beginning at the northwest comer of Lot 57 as shown on said map (28 M 27), being also the northwest corner of Parcel A as shown on Subdivision MS- 010015A, filed August 14, 2002 in Book 184 of Parcel Maps at Page 48; thence from said Point of Beginning, easterly along the north line of said Lot 57 (28 M 27) being the north line of said Parcel A (184 PM 48), south 82014'48" east, 91.00 feet (the bearing south 82014'48" east being taken for the purpose of this description) to the northwest corner of Parcel B .as shown on said map (184 PM 48); thence continuing along the north line of said Lot 57 (28 M 27) being the north line of Parcel B of said parcel map (184 PM 48), south 82014'48" east 53.00 feet to a point on a tangent curve, concave to the southwest, a radial from said point bears south 7°45'12" west; thence southeasterly along said curve, having a radius of 20.00 feet, through a central angle of 29020'48", an arc length of 10.24 feet to a point of cusp being on the southerly line of Parcel 69 as described in the freeway agreement titled "Relinquishment Of Highway Right Of Way In The County Of Contra Costa, Road 04-CC-24-8.2-9.0 Request No. 40200" from the State of California, Department of Transportation to the County of Contra Costa recorded October 24, 1975 in Book 7666 of Official Records at Page 766 records of said County; thence northerly along said southerly line, north 16037'29" west 13.61 feet to a point on a tangent curve, concave to the southwest, a radial from said point bears south 73022'31" west; thence northwesterly along said southerly line (7666 OR 766) and along said curve, having a radius of 60.00 feet, through a central angle of 56033'32", an arc length of 59.23 feet to a point on a compound curve, concave to the south, a radial from said point bears south 16048'59" west; thence westerly along said southerly line (7666 OR 766) and along said curve, having a radius of 770.05 feet, through a central angle of 7°22'49", an arc length of 99.19 feet to the northerly prolongation of the westerly line of said Lot 57 (28 M 27) being the northeasterly corner of the Harvey and Marion Davidson property described in the deed recorded October 9,1998 in Series Number 1998-246523, records of said 1 of 2 County; thence southerly along said prolongated line, south 12019'56" west, 53.77 feet to the point of beginning. Containing an area of 6,579 square feet of land, more or less. 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 vacated, including access to protect the property from all hazards in, upon, and over the area herein before described to be vacated. Exhibit "B" attached and by this reference made a part hereof. 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 =S���S N ST'9L Contra Costa County Public Works EXP-9/30/07 Date: /„//��' O 6 * L.S.6571 Q- ��oF CA G:\Design\SURVEYS\Legals\Exhibits2006\SaranapAvenuePartia lVacation.doc KT:js 10/24/2006 2 of 2 EXHIBIT_ " B " 1"=40PLAT TO ACCOMPANY EXHIBIT "A" IPI% Juanita Drive 13.61 1 c,►\ N160 37'29"W I �\ L=10.24 R=20.00 0=29° 20'48" 1 0°° 0 0 �J 0°"F B l a o - J 1 o Parcel B 60 8) `n N 184 PM 48 cO Lot 57 o, o Parcel 01 One W Lot 56 o O, to 00 28 M 27 28 M 27 o� 10 Area= o 4 o j4 rn 6,580 Bla j o Q) Q I Sq.Ft. 0) 0 Parcel A Z 0)Q_ —' co 184 PM 48 � -- 1 � I S5 26_10"IN (R) POB S12° 19'56 C� LL w I .\ ��ro� `�, , Davidson o O 0< °'��et�'� 98-246523 6 I � I � SO° 51'34"W(R) Vacation of a portion of Soranap Avenue Instrument Vacation Scale 1"-40' Date October 2006 Drawn By KT File No. A-3744-2006 Series No. Recorded Checked By JS Cad File soronopAZ. .dgn 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) 313-2176 Contact Person: Trina Torres- Public Works Dept. Project Title, Description, Common Name (if any) and Location: Saranap Ave. — Vacate a portion of County Right of Way, Project No. 0676-6Q1885 County File CP# 06-88 Project Description: The activity consists of vacating a portion of Contra Costa County(County) right of way(approximately 49ft. wide by 144 ft. long)along the north side of APN 185-390-043and APN 185-390-044 on Saranap Avenue near the corner of Juanita Drive. The County has determined that the right of way is no longer needed for roadway purposes and can be conveyed to the property owner/s. A 10-foot wide access easement from the edge of the roadway will be retained by the County. Project Location: The activity is located in south Contra Costa County in the unincorporated area of Walnut Creek. This project is exempt from CEQA as a: ❑ Ministerial Project (Sec. 15268) ❑ Categorical-Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability [Section 15061(b)(3)] 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: Department of Fish and Game Fees Due Public Works Department ❑ EIR-$850 Total Due: $ 50.00 255 Glacier Drive ❑ Neg. Dec. -$1,250 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: Trina Torres ® County Clerk--$25 Receipt#: PWD-Environmental Section ® Community Development Dept. -$25 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) 313-2176 Contact Person: Trina Torres- Public Works Dept. Project Title, Description, Common Name (if any) and Location: Saranap Ave. — Vacate a portion of County Right of Way, Project No. 0676-6Q1885 County File CP# 06-88 Project Description: The activity consists of vacating a portion of Contra Costa County(County) right of way(approximately 49 ft. wide by 144 ft. long) along the north side of APN 185-390-043 and APN 185-390-044 on Saranap Avenue near the corner of Juanita Drive. The County has determined that the right of way is no longer needed for roadway purposes and can be conveyed to the property owner/s. A 10-foot wide access easement from the edge of the roadway will be retained by the County. Project Location: The activity is located in south Contra Costa County in the unincorporated area of Walnut Creek. This project is exempt from CEQA as a: ❑ -Ministerial Project (Sec. 15268) ❑ Categorical_Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability[Section 15061(b)(3)] 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: Department of Fish and Game Fees Due Public Works Department ❑ EIR-$850 Total Due: $ 50.00 255 Glacier Drive ❑ Neg. Dec.-$1,250 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn:Trina Torres PWD-Environmental Section ® County Clerk-$25 Receipt#: ® Community Development Dept. -$25