Agenda

Return

C.12

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

Contra

Costa

County

Subject:

Terminate a portion of an offer of dedication for roadway purposes along 2478 Bixler Road, Brentwood area. CDD-CP No. 09-15 (0676-6Q1898)

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:

Carmen Piña-Sandoval, 313-2012

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 a portion of an offer of dedication for roadway purposes lying within Parcel “A” of MS 97-86 (127 PM 20) no longer required, 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 a portion of an offer of dedication for roadway purposes lying within Parcel “A” of MS 97-86 (127 PM 20) no longer 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. A description of the offered area to be terminated is attached hereto as Exhibit “A” and incorporated herein by reference located in the unincorporated area of Brentwood.

DETERMINE that this termination of an offer of dedication is for an excess 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 area into the County roadway system and that no public money has been expended for maintenance and that it is in the best interest 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.

DECLARE from and after the date this Board Order is recorded, this portion of 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:

There is no impact to the County General Fund.

BACKGROUND:

The applicant has requested the County terminate a portion of an offer of dedication for a roadway dedicated to Contra Costa County by Parcel Map 110 PM 5 lying within Parcel “A” of said MS 97-86 (127 PM 20) in the unincorporated area of Brentwood. Contra Costa County no longer requires this dedicated roadway for road purposes.

CONSEQUENCE OF NEGATIVE ACTION:

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