The URL can be used to link to this page

Home My WebLink AboutMINUTES - 06242008 - C.87 Contra O: BOARD OF SUPERVISORS .;i:_ _':.. I —' FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR Costa DATE: June 24 2008 County SUBJECT: APRROVE termination of offers of dedication for portions of Assessor's Parcel Number 194-080-024, Diablo area. (District III) [CDD-CP No. 07-65] Project No. 0676-6Q1891 (S&H Code § 8334) SPECIFIC RFQUESI(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION + RECOMMENDED ACTION: DETERMINE that the proposed termination of offers of dedication for portions of Assessor's Parcel Numu-z(APN) 194-080-024, is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061 (b)(3) of the CEQA guidelines; DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clcrk; DIRECT the Public Works Director, or designee, to arrange for payment of the$50.00 handling fee to the County Clerk for filing and a$25.00 fee to Community Development for processing of the Notice of Exemption. DETERMINE that this termination of offers of dedication for roadway purposes and slope easement on map MS 263-78 are not required, is made pursuant to Government Code 66477.2(c) and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. CONTINUED ON ATTACHMENT: ❑D S I G N A T U Z. 12, t X--,1-L RECOMMENDATION OFCOUNT)'ADMINISTRATOR RG MMF•1<� ATIO F BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): `' �/ ACTION OF BOARD ON J 1•V Z-4 W�r7 APPROVED A.S RECOA VAIDED O'flR VOTE OF SUPER VISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON A/ UN,,INIA10U.S(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: DK:sr Contact: David Kramer(313-2227) G:\RealProp\David\Bahraini'Tenninatiou\BO-APN 194-050-024.doc ATTESTED JOHN CULLEN,CLERK OF THF BOARD OF SUPERVISORS cc: County Administrator Auditor-Controller P.W.Accounting P.W. Environmental BY: DEPUTY —D"O SUBJECT: APRROVE termination of offers of dedication for portions of Assessor's Parcel Number 194-080- 024, Diablo area. (District II1) [CDD-CP No. 07-65] Project No. 0676-6Q1891 DATE: March 11, 2008 PAGE: 2 of 2 RECOMMENDED ACTION: (con't) DETERMINE that this termination of offers of dedication is for right of way of a street or highway not required for street or highway purposes. (S&H Code Section 8334). FIND there is no reasonable probability that Contra Costa County (County) will accept the offered roadway and slope easement into the County road system and that no public money has been expended for maintenance. . TERMINATE the offers of dedication being all of the area marked"Slope easement"and"Area dedicated to Contra Costa County for roadway purposes"as shown delineated on Parcel A of Subdivision MS 263-78 filed September 19, 1979 in Book 81 of Parcel Maps at Page 1, Contra Costa County recorders. Excepting therefrom those parcels described in Exhibit "A" and Exhibit"B" attached hereto, and ABANDON the right of the County to accept said Slope easement and Roadway offers. DECLARE from and after the date this Board Order is recorded, the offers of dedication are terminated and the County's right to accept offers are abandoned. DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder. FISCAL IMPACT: No is impact to the County General Fund. BACKGROUND AND REASONS FOR RECOMMENDATIONS: In 1979,portions of APN 194-080-024 were offered for dedication by map MS 263-78 to the County for road purposes and slope easement.The County never accepted the offers of dedication and the current property owners are planning improvements to their property and have requested that the County terminate a portion of the offers of dedication. CONSEQUENCES OF NEGATIVE ACTION: The County may be responsible for the maintenance of the dedicated areas. A EXHIBIT "A" LEGAL DESCRIPTIONS OFFERS OF DEDICATION (AFFECTING APN 194-080-024) PARCEL 1 The following describes a parcel of land situate within the unincorporated area Contra Costa County, State of California, being a portion of Parcel A, as shown on that "Parcel Map Subdivision MS 263-78", filed in the office of the recorder on September 19, 1979 in Book 81 of Parcel Maps, at Page 1, Contra Costa County Records, State of California, and more particularly described as follows: COMMENCING at the Northeasterly corner of Parcel A, as shown on that "Parcel Map Subdivision MS 263-78", filed in the office of the recorder on September 19, 1979 in Book 81 of Parcel Maps, at Page 1, Contra Costa County Records, State of California, (said point also being in common with the southeasterly corner of Parcel B of said Parcel Map MS 263-78), running thence South 57°04'02" East, a distance of 126.89 feet to a point on the Westerly line of that 60- foot Right-of-way of Mount Diablo Scenic Boulevard, as shown on said Parcel Map MS 263-78, and the POINT OF BEGINNING; Thence along the Westerly Right-of-way line of said Mount Diablo Scenic Boulevard the following three (3) courses: 1. North 35012'00" East, a distance of 53.06 feet; 2. South 44°19'00" East, a distance of 7.46 feet; 3. South 04047'45"West, a distance of 54.40 feet, Thence leaving the Westerly Right-of-way line of said Mount Diablo Scenic Boulevard, Northwesterly along a non-tangent curve to the left having an arc length of 37.61 feet and a radius of 30.00 feet, through a central angle of 71049'62", whose chord bears North 62°36'52" West, a distance of 35.20 feet to the POINT OF BEGINNING. CONTAINING: 942 square feet of land, more or less. PARCEL 2 The following describes.a parcel of land situate within the unincorporated area Contra Costa County, State of California, being a portion of Parcel A, as shown on that "Parcel Map Subdivision MS 263-78", filed in the office of the recorder on September 19, 1979 in Book 81 of Parcel Maps, at Page 1, Contra Costa County Records, State of California, and more particularly described as follows: COMMENCING at the Northeasterly corner of Parcel A, as shown on that "Parcel Map Subdivision MS 263-78", filed in the office of the recorder on September 19, 1979 in Book 81 of Parcel Maps, at Page 1, Contra Costa County Records, State of California, (said point also being in common with the southeasterly corner of Parcel B of said Parcel Map MS 263-78), running thence South 34004'50" East, a distance of 230.04 feet to a point on the Westerly line of that 60- foot Right-of-way of Mount Diablo Scenic Boulevard, as shown on said Parcel Map MS 263-78, and the POINT OF BEGINNING; EXHIBIT "A" (con't.) Thence along the Westerly Right-of-way line of said Mount Diablo Scenic Boulevard, South 0303615" East, a distance of 76.99 feet; Thence leaving the Westerly Right-of-way line of said Mount Diablo Scenic Boulevard, North 2902814"West, a distance of 19.94 feet; Thence North 04°47'45" East, a distance of 59.69 feet to the POINT of BEGINNING. CONTAINING: 335 square feet of land, more or less. Exhibit "B" attached hereto and incorporated herein by reference. BASIS OF BEARINGS: "Parcel Map Subdivision MS 263-78", filed in the office of the recorder on September 19, 1979 in Book 81 of Parcel Maps, at Page 1, Contra Costa County Records, State of California, was used as the basis of bearings. SURVEYOR'S CERTIFICATE I hereby certify that this description was prepared by me or under my direct supervision and is accurate to the best of my knowledge and belief. David F. Hanrion California P.L.S. 8020 �� SAND SGS for and on behalf of �`� F . H4 Triad/Holmes Associates c,�`' J� N'Pi '�' J �Q' D O 777 Woodside Road, Suite 2A Redwood City, CA 94061 No. 8020 (650)366-0216 * Exp. 12/31/08 9TF OF CA1-�F�� S 2 4 o . q 1 1 1 cA -211 _ \ 30' A� POINT OF COMMENCEMENT 7.46' I \ I S44'19'00"E oQ I a ' \2689 do \ ca h 3 Lo —i \ 942 SF �� I POINT OF BEGINNING \ Q_L�3�6 a I DEDICATION AREA 1 R 3049.7 1 e ' � I z I ui lb 0 � � LL, I o I I 0 AREA DEDICATED TO CONTRA COSTA I I \ COUNTY FOR ROADWAY PURPOSES I / \ PER 81 PM 1 I EXHIBIT ' B ' BAHRAMI RESIDENCE .PARCEL 1 OFFER OF DEDICATION 6-0145 4/28/2008 06-01�45.dw Sheet 1 of 2 RAM triad/holmes assoaotes POINT OF \ COMMENCEMENT / \0 / 1 30, w I Q \ / a ul I 110 POINT OF I I BEGINNING I DEDICATION I I AREA 2 I AREA DEDICATED TO CONTRA \ I I I \ COSTA ROADWAYCOUNTY FOR PURPOSES PER81PM1 ` \ I � SLOPE EASEMENT / PER 81 PM 1� o \ CTI ? �� \ cylr1l \ 1.1 LI Ln "o I PARCEL "A" ti I PARCEL MAP MS 263-78 0. I (81 PM 1) IQ 1 09 300 I EXHIBIT ' B ' BAHRAY/ RESIDENCE PARCEL 2 OFFER OF DEDICATION 6-0145 06-0145.dw Sheet 2 of 2 RAM triad/hoImes associates 412812008 DETERMINATION THAT AN ACTIVITY t G IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6Q1891 CP NO.: 07-65 ACTIVITY NAME: Babrami Termination DATE: December 12, 2007 PREPARED BY: Ngozi Ajawara 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 the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: In 1979, a portion of APN 194-080-024 was offered for dedication to Contra Costa County for road purposes and slope easement. The County has never accepted the offer of dedication and the 25 year time limit for acceptance has expired. The current owners are planning improvements to their property and would like the County to terminate the offer of dedication, so it can be cleared from the title on their property. The activity consists of terminating the offer of dedication recorded on Subdivision Map 263-78. The area offered in dedication to Contra Costa County for road purposes is approximately 23,531 square feet and approximately 3,002 square feet for the slope easement. LOCATION: The project is located between Alameda Diablo and Mount Diablo Scenic Blvd. in unincorporated San Ramon Area, Contra Costa County. (Figures 1-4) REVIEWED BY: AM DATE: [-Oh Chavez nner III APPROVED BY: ��`� DATE: Z0 DY Community Development Representative NA G:\EngSvc\ENVIRO1RealProp\Bahrami Termination\CEQA\Determination of Exemption(DE).doc (Page I of 1) 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) 313-2311 Contact Person: Ngozi Ajawara, Planner I - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Babrami Termination, Project No. 0676- 6Q1891 County File CP#07 -65. Project Description: In 1979, a portion of APN 194-080-024 was offered for dedication to Contra Costa County for road purposes and slope easement. The County has never accepted the offer of dedication and the 25 year time limit for acceptance has expired. The current owners are planning improvements to their property and would like the County to terminate the offer of dedication, so it can be cleared from the title on their property. The activity consists of terminating the offer of dedication recorded on Subdivision Map 263-78. The area offered in dedication to Contra Costa County for road purposes is approximately 23,531 square feet and approximately 3,002 square feet for the slope easement. Project Location: The project is located between Alameda Diablo and Mount Diablo Scenic Blvd.in unincorporated San Ramon Area, Contra Costa County. 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): (insert appropriate CE0A language). 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-$2,500 Total Due: $ 255 Glacier Drive ❑ Neg. Dec.-$1,800 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$o Attn: Naozi Aiawara ® County Clerk-$50 Receipt#: Environmental Section ® Community Development Dept. -$25 G:\EngSvc\ENVIRO\RealProp\Bahraini Termination CEOMNOE-form.doc Updated July 21,2006 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) 313-2311 Contact Person: Ngozi Ajawara, Planner I - Public Works Dept. Project Title, Description, Common Name (if any) and Location: Bahrami Termination, Project No. 0676- 6Q1891 County File CP#07 -65. Project Description: In 1979, a portion of APN 194-080-024 was offered for dedication to Contra Costa County for road purposes and slope easement. The County has never accepted the offer of dedication and the 25 year time limit for acceptance has expired. The current owners are planning improvements to their property and would like the County to terminate the offer of dedication, so it can be cleared from the title on their property. The activity consists of terminating the offer of dedication recorded on Subdivision Map 263-78. The area offered in dedication to Contra Costa County for road purposes is approximately 23,531 square feet and approximately 3,002 square feet for the slope easement. Project Location:The project is located between Alameda Diablo and Mount Diablo Scenic Blvd.in unincorporated San Ramon Area, Contra Costa County. 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/Seerian 15061 (b)(3)J for the following reason(s): (insert appropriate CEQA language). 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-$2,500 Total Due: $ 255 Glacier Drive ❑ Neg. Dec.-$1,800 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: NQozi Aiawara ® County Clerk .$50 Receipt#: Environmental Section ® Community Development Dept. -$25 G:\EngSvc\ENVIRO\RealProp\Bahrami Termination\CE0A\NOE-form.doc Updated July 21,2006 r ' - Ch co • � is — ::,��r i:'-�,< �► • + .. a�'+#!^,•:2,,zi` - o � f U n • a d = m t� 3 1 OW N CD O m Oay in m -C 1 DONNA m 1� MERLIN 4. cr m �atc` �o6 z f-� CO � �i0 a y F Ir o . F��S Lkr1fi o AIRWAY <(� CLU �y0 •� a D 0 1 yr• v C) o Q CD cl o m r O Z O m VIA DIABLO O L7 n� m N O Y N 'IPA � � O O y� CL ko to4fo S� CAMERON SANAN �c Z a a N J1LLIAN Q� CD Q m n m o z woo O N rn mw Mn a !I m Wm MOO r, N i to �t Y tV R t 4 j tAD1 MeV N74l1 C \ ".,Jecer •-Ip, 3tIt Cti {� or 41511 y \ \Q Sbg coNv .y � ° �l.o.\ ttt� •'*-�yh 0 q i b��'.ir�{`, 8 'b1J'ro"0O_'Tl braxy Was tiO 3 i •�ipV, •,�' y U {+xm, a Q`QeaocJ+prtt9 U y' �T .+ OB � ree�+»t ♦ +�� ,• m V Yyyp.to QDp b, tL i ^, SCC/S e AOM e nub rar» co YL ti ppgy o a `' xrt EA I n' I ! h I � V v N s : r".aoo' n m L � V i