To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Termination of County’s interest in Excess Road Right of Way on Bernhard Avenue, Richmond area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
DETERMINE that the offer of dedication on Bernhard Avenue for road (highway) purposes is not required for County road (highway) purposes.
ADOPT Resolution to terminate and abandon an offer of dedication of excess right of way on Bernhard Avenue in Richmond which is described in Exhibit A and Exhibit B attached to the Resolution and is no longer required for street or highway purposes pursuant to Streets and Highway Code section and 8334(a) and Government Code section 66477.2(2).
AUTHORIZE the Public Works Director, or designee, to execute and deliver a quitclaim deed to the underlying property owner of APN 418-061-011for 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 the activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment,
DIRECT the Real Estate Division to record the above referenced Resolution, along with a certified copy of this Staff Report in the Office of the County Clerk-Recorder.
FISCAL IMPACT:
100% Applicant Fees.
BACKGROUND:
Public Works staff have determined that (1) the excess right-of-way being vacated and quitclaimed on Bernhard Avenue has not been accepted by the County, (2) the offered area is not required, and will not be used for the purpose for which it was dedicated.
The Applicant is requesting the excess road right-of-way be vacated and quitclaimed and to formally clarify that the Offer of Dedication will not be enacted. 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. Any future development or use of the Property will be subject to further review under CEQA.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not expressly terminate and abandon the offer of dedication.