Agenda

Return

C. 5

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	November 6, 2018

Contra

Costa

County

Subject:

ADOPT Resolution No. 2018/533 to Summarily Vacate & Quitclaim a Public Service Easement for electrical & power transmission purposes, Pittsburg area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/06/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Jewel Lopez, 925-957-2457
cc:	J. Stein, PW Surveys K. Piona, PW Records W. Osborn, PW Information Technology J. Suemnick, Flood Control

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: November 6, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution 2018/533 to vacate a public service easement for electrical and power transmission purposes in connection to the State Route 4 Lowering and Widening Willow Pass Grade Project (Project), identified as Parcel 50856-2 in the document recorded on December 1, 1992, in Book 18077, Page 700, of Contra Costa County Official Records, by reference located in the Pittsburg area. (Project No. 0676-6Q1823) (CP#18-32)


DETERMINE that this summary vacation of a public service easement that is no longer required for electric and power transmission purposes is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq.

RECOMMENDATION(S): (CONT'D)

DETERMINE that this vacation request is for an easement that has not been used for the purposes for which it was acquired for five consecutive years immediately preceding the date of this action. (S&H Code Section 8333(a))

DETERMINE that this activity 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) to file a Notice of Exemption with the County Clerk, and DIRECT the Public Works Director, or designee, to arrange for payment of the $50 fee to the County Clerk for filing the Notice of Exemption, and a $25 fee to DCD for processing the Notice of Exemption.

AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the County and DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be delivered to the grantee for recording in the office of the County Clerk-Recorder.

DIRECT the Real Estate Division of the Public Works Department to record a certified copy of this Board Order and Resolution in the office of the County Clerk-Recorder.

FISCAL IMPACT:

100% Applicant Fees.

BACKGROUND:

On December 1, 1992, Contra Costa County (County) acquired by Final Order of Condemnation a permanent easement for electric and power transmission purposes located south of State Route 4 in the Pittsburg area, identified as parcel 50856-2, in connection with the Project. The easement is located within portions of Assessor’s Parcel Nos.:097-700-001, 097-700-002, and 097-700-005.

County staff has reviewed the vacation request and determined that the easement is no longer needed, and intends to vacate any and all rights, title, interest, obligation and responsibility of the easements.

CONSEQUENCE OF NEGATIVE ACTION:

The County may be responsible for the maintenance of an area that is no longer required as a public service easement.