Agenda

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C. 3

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	December 13, 2011

Contra

Costa

County

Subject:

Termination of Offer of Dedication for Roadway purposes and Quitclaim the County’s interest in vacated area, Clyde area. Project No. 0676-6Q1802

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/13/2011

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Angela Bell, (925) 313-2337
cc:	Real Property Division; Sheila Minor

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: December 13, 2011
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE Termination of Offer of Dedication of excess Right of Way not required for road purposes pursuant to Government Code Section 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 Clyde area, and


DETERMINE that this termination request is for an excess right of way of a street or highway not required for street or highway purposes. (S&H Code Section 8334(a)), and

RECOMMENDATION(S): (CONT'D)

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 in place utilities in the subject area, and

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, and

FIND that the proposed termination of the offer of dedication will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3)[CP#11-63], and

AUTHORIZE the Public Works Director to arrange for payment of $25.00 fee to DCD for processing the Notice of Exemption and a $50.00 fee to the County Clerk for filing, and

DIRECT the Director of Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk, and

APPROVE the quitclaim of the County’s interest to said property to Powell Sanders, Trustee Pursuant to Street and Highways Code Section 8355 and AUTHORIZE the Chair to sign the Quitclaim Deed on behalf of the County, and

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 are paid by applicant, Powell Sanders.

BACKGROUND:

In April 1919, as part of the “Map of Clyde”, Map Book 17, Page 358, the road easement was dedicated to Contra Costa County. The offered area is not required and will not be used for the purpose for which it was dedicated.

The offer of dedication located between Assessor’s Parcel Numbers 100-321-019 and 100-321-027 is no longer needed for circulation purposes.

A Quickclaim Deed will allow any cloud(s) on title, that resulted from the offer of dedication, to be cleared.

CONSEQUENCE OF NEGATIVE ACTION:

The County is encumbering and may be responsible for the maintenance of an area that is not required for roadway purposes.

CHILDREN'S IMPACT STATEMENT:

Not applicable