Agenda

Return

C.16

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	April 21, 2009

Contra

Costa

County

Subject:

Terminate an Offer of Dedication for a storm drain easement on Lot 3 Subdivision 7898, Alamo area. CDD-CP No. 08-89 (7542-6D1897)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/21/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jann Edmunds, 313-2250

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 21, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

DETERMINE that the proposed termination of an offer of dedication being all of the area marked “Storm Drain Easement” dedicated to Contra Costa County (County) for a storm, flood, and surface water drainage purposes, as shown delineated on Lot 3 adjacent to Miranda Court, of Subdivision 7898 filed August 9, 1995 in Book 381 of Parcel Maps page 381 (APN 193-070-030) is no longer required and 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 the Department of Conservation and Development (DCD), or designee, to file a Notice of Exemption with the County Clerk;

RECOMMENDATION(S): (CONT'D)

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 DCD for processing of the Notice of Exemption.

DETERMINE that this termination of an offer of dedication for a storm drain easement is not required for storm drain purposes, 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. A description of the offered area to be terminated is attached hereto as Exhibit “A”.

DETERMINE that this termination of an offer of dedication is for storm drain easement is no longer required. (S&H Code Section 8333).

FIND there is no reasonable probability that the County will accept the offered area into the County drainage system and that no public money has been expended for maintenance.

TERMINATE the hereinabove described offer of dedication and ABANDON the right of the County to accept said storm drain easement.

DECLARE from and after the date this Board Order is recorded, the offer of dedication is terminated and the County’s right to accept said offer is 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 impact to the County General Fund. The costs to process the request will be paid by the property owner.

BACKGROUND:

The property owner has requested the County to terminate an offer of dedication for a storm drain easement (approximate length is 121’ x 40’) on a portion of APN 139-070-030, 816 Miranda Creek Court (Sub 7898 – Lot 3) in the unincorporated area of Alamo. The County no longer requires this drainage easement for Miranda Creek. The property owner will be responsible for the creek area within their property.

CONSEQUENCE OF NEGATIVE ACTION:

The property owner’s land will be encumbered with a storm drain easement dedication no longer needed.