To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: ADOPT a Resolution terminating and abandoning a portion of an Offer of Dedication of a storm drain easement on Warren Road and execute a Quitclaim Deed, Walnut Creek area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a Resolution terminating and abandoning a portion of an Offer of Dedication of a storm drain easement no longer required for drainage purposes within Assessor’s Parcel No. 184-130-018 (“Property”) near Warren Road, in the Walnut Creek area, pursuant to Government Code section 66477.2 (c) and Streets and Highways Code section 8333. Project No. 0676-6Q1828 CP#23-34.
DETERMINE that the offer of dedication on 2397 Warren Road for drainage purposes is not required for County drainage purposes and has not been used for the purposes for which it was dedicated for at least five years.
DETERMINE that the value of the offer of dedication is less than $25,000 because of its age and the fact it had not been accepted by the County within 25 years after the offer was made.
AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed on behalf of the County to quitclaim to the underlying owner of the Property any County interest in the area encumbered by the Offer of Dedication, pursuant to Government Code section 25526.5.
DIRECT the Real Estate Division of the Public Works Department to deliver the quitclaim deed to the Property owner for recording in the Office of the County Clerk-Recorder.
DETERMINE that it can be seen with certainty that terminating the Offer of Dedication on 2397 Warren Rd and quitclaiming the County’s interest will not 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 Department of Conservation and Development (DCD), or designee, to file a Notice of Exemption (NOE) with the County Clerk, and AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to DCD for processing, and a $50 fee to the County Clerk for filing of the NOE.
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:
In January 1982, Contra Costa County (County) received, but did not accept an offer of dedication of an easement for drainage purposes within a parcel of real property near Warren Road, in the Walnut Creek area, identified as Assessor’s Parcel No. 184-130-018 (“Property”). The offer was included on the approved Parcel Map for Subdivision MS 132-80. Public Works Department staff have determined that a portion of the Offer of Dedication, described in Exhibit A and depicted in Exhibit B to the Resolution, has not been accepted and will not be used for the purpose for which it was dedicated, and mor than 25 years have passed since the offer was made. Under Code of Civil Procedure section 771.010, et seq., there is a presumption that the County has terminated and abandoned its interest in this portion of the Offer of Dedication. Therefore, the value of this portion of the Offer of Dedication is nominal.
The Property owner has requested the County vacate its interest in the easement area dedicated under the Offer of Dedication, and that the County quitclaim to the owner any interest within the Offer of Dedication area to remove the encumbrance from title to the Property and to allow for an extension of an existing private residence. 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.