Agenda

Return

C. 1

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 4, 2023

Contra

Costa

County

Subject:

Resolution No. 2023/82 terminating & abandoning Offer of Dedication of excess road right of way on Wayne Ave. & execute a Quitclaim Deed, Alamo area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/04/2023

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

ABSENT:

Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Tasha Thaxton, (925) 957-2457

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 4, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2023/82 terminating and abandoning an Offer of Dedication of excess right of way of a street or highway no longer required for street or highway purposes in the Alamo area pursuant to Streets and Highway Code section and 8334(a) and Government Code section 66477.2(c). A description and depiction of the area to be terminated is attached to the Resolution as Exhibits “A” and “B.” Project No. 0676-6Q1827 CP#22-39 (District II).


DETERMINE that the offer of dedication on Wayne Avenue for road (highway) purposes is not required for County road (highway) purposes.

RECOMMENDATION(S): (CONT'D)

AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed on behalf of the County to the underlying property owner of APN 201-082-001 and DIRECT the Real Estate Division of the Public Works Department to deliver a quitclaim deed to the underlying property owner for recording in the Office of the County Clerk-Recorder, to quitclaim any remaining interest of the County in the dedication area pursuant to Streets and Highway Code section 960 and Government Code section 25526.5.

DETERMINE that terminating the Offer of Dedication on Wayne Avenue and quitclaiming 25 feet of Wayne Avenue will not have a significant effect on the environment and that activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, section 15061(b)(3) of the CEQA Guidelines, and

DIRECT the Director of Department of Conservation and Development, or designee, to file a Notice of Exemption with the County Clerk, and

AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.

DIRECT the Real Estate Division to record the above referenced Resolution with a certified copy of this Board Order in the Office of the County Clerk-Recorder.

FISCAL IMPACT:

100% Applicant Fees.

BACKGROUND:

The Offer of Dedication was made by that Certain Map Entitled “Tract 2039”, which was filed on January 19, 1955, in Book 57 of Maps, at Page 1. Portions of the offered areas were accepted as County roads by the Board of Supervisors on March 5, 1957 and recorded on March 7, 1957. Public Works Department staff have determined that the excess right-of-way being vacated and quitclaimed on Wayne Avenue has not been accepted by the County and is not needed for any current or future County road (highway) purposes.

The Applicant is requesting the excess road right-of-way be vacated and quitclaimed to allow for additional land rights for future development of their parcel. Due to the passage of time, it is presumed that this offer of dedication made by map has been terminated and abandoned. The Board’s actions will expressly terminate and abandon the offer of dedication and remove the County’s interest from the title to the underlying property.

CONSEQUENCE OF NEGATIVE ACTION:

The County will not expressly terminate and abandon the offer of dedication.