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C. 7
To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: April  24, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Approve the conveyance of Grants of Abutter’s Rights of Access and take related actions under the California Environmental Quality Act, Concord area.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   04/24/2023
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
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Mark apHugh, (925) 957-2452
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  24, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE an exchange of abutter’s rights between the County and Willow View Association, a California Corporation, and Meadow Creek Group, LLC, to change the location of access to Evora Road from Assessor’s Parcel Nos. 099-210-033 and 099-210-037, pursuant to Streets & Highways Code Section 960, Concord area. [County Project No. WL72RP; DP21-3037, DCD-CP# 23-01]  
  

DETERMINE that the abutter’s rights granted to Willow View Association and Meadow Creek Group, LLC, are property rights the County acquired for highway purposes and are no longer necessary for those purposes.  

RECOMMENDATION(S): (CONT'D)
  
DETERMINE that it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment 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, or designee, to file a CEQA Notice of Exemption with the County Clerk.  
  
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.  
  
AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, two grant deeds of access rights to convey to Willow View Association and Meadow Creek Group, LLC, new abutter’s rights of access to Evora Road in exchange for the Relinquishment of Abutter’s Rights by Willow View Association.  
  
ACCEPT the Relinquishment of Abutter’s Rights by Willow View Association.  
  
DETERMINE that the property rights being conveyed are not and will not be needed for County purposes.  
  
DIRECT the Real Estate Division of the Public Works Department to cause said Grants of Abutter’s Rights of Access to be delivered to property owners for recording in the Office of the County Clerk-Recorder.  
  
DIRECT the Public Works Director, or designee, to cause the Relinquishment of Abutter’s Rights to be recorded in the Official Records of the County Clerk-Recorder.   

FISCAL IMPACT:

100% Developer Fees

BACKGROUND:

This transaction consists of an exchange of abutter's rights of access between Contra Costa County (County) and the Willow View Association and Meadow Creek Group LLC (Developers). The County and Developers mutually agreed to shift access points along Evora Road to enable reconfigured parcels within Willow Pass Business Park subdivision to access the road. The County will grant abutter's rights of access along two locations on Evora Road (one at each parcel listed above). In exchange, Willow View Association will relinquish to the County abutter’s rights of access at one location along Evora Road (at APN 099-210-033), which was established by the original subdivision map. The net result will be the shifting of an existing County access point at APN 099-210-033 and the County providing an additional access point to one of the Developers for a reconfigured parcel within the subdivision which currently has no access (APN 099-210-037). Public Works staff have determined that the County does not require abutter’s rights in new location for highway purposes and that moving rights of access to the new location will not adversely impact the County’s use of the road right of way for highway purposes.   
  
The change in location of abutter’s rights of access will not affect the development or development potential of the property, or the uses to which the property could be put. The change in location also will not cause a significant change in traffic circulation on the fronting roadway.  

CONSEQUENCE OF NEGATIVE ACTION:

The County would not exchange access rights with the developers.  

CLERK'S ADDENDUM

Speakers:  Caller 1.

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