RECOMMENDATION(S): (CONT'D)
DETERMINE that this termination request is for a storm drain easement that has not been used for the purposes for which it was dedicated. (S&H Code Section 8333(a)).
FIND there is no reasonable probability that the Contra Costa County (County), or its designee, will accept the public service easement into the County drainage system, that no public money has been expended for maintenance of the offered public service easement and that it is in the best interests of the County or its designee, and the public that the offered area be privately owned and maintained.
TERMINATE the herein above described offer of dedication and ABANDON the right of the County to accept said offer. The Board is not aware of any existing utilities in the subject area.
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 as to Exhibit "A."
DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder.
FISCAL IMPACT:
100% of fees paid by the applicant, Matt Beinke.
BACKGROUND:
The Offer was dedicated to Contra Costa County, for drainage purposes as part of Minor Subdivision 77-166 (66 PM 22).
In 2011 the County determined that the drainage easement is no longer necessary for drainage purposes and recommended that the entire offer of dedication for MS 77-166 be terminated.
Although the drainage easement is no longer necessary, the Creek Structure Setbacks established in 2006 by a Grant Deed of Development Rights will not be terminated or abandoned but will remain in place.
A CEQA Mitigated Negative Declaration for MS 04-0020 was prepared in May of 2004 and the Notice of Determination was filed with the County Clerk on March 3, 2005.
CONSEQUENCE OF NEGATIVE ACTION:
The County is encumbering on an area that is no longer required for drainage purposes.
CHILDREN'S IMPACT STATEMENT:
Not applicable.