HomeMy WebLinkAboutMINUTES - 08141984 - T.3 T,3
1 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
4 Condemnation of Property for Flood )
Control Purposes, San Ramon Creek ) RESOLUTION OF NECESSITY
5 U. S . Army Corps of Engineers )
Project, Walnut Creek Area, ) 84/484
6 Project No. 7520-6B8636 Flood )
Control Zone 3B )
8
9 The Board of Supervisors , as ex officio the Board of
10 Supervisors of the Contra Costa County Flood Control and Water
11 Conservation District, by vote of two-thirds or more of its
12 members , RESOLVES THAT:
13 Pursuant to West' s Water Code-Appendix Sec. 63-5 and
14 Dee-ring ' s Water-Uncodified Acts , Act 1656 , Sec. 5 , the Contra
15 Costa County Flood Control and Water Conservation District intends
16 to construct a flood control channel, a public improvement, and,
17 in connection therewith, acquire an interest in certain real
18 Property.
19 The property to be acquired is generally located in the
20 Walnut Creek area between Arroyo Fray and Muirwood School and
21 consists of a strip of land, approximately 100 feet in width.
22 Said property is more particularly described in Appendix
23 "A" , attached hereto and incorporated herein by this reference.
24 On July 24 , 1984 , this Board passed a resolution of
25 intention to adopt a resolution of necessity for the acquisition.: '. -
26 by eminent domain of the property described in Appendix "A"
27 hereto and set August 14 , 1984 , at 10 :30 a.m. , in its Chambers
28 in the Administration Building, 651 Pine Street, Martinez ,
00268
1 California, as the time and place for the hearing thereon
2 (Resolution No. 84/434) .
3 The hearing was held at that time and place, and upon
4 the evidence presented to it this Board finds, determines and
5 hereby_ declares the following :
6 1. The public interest and necessity require the
7 proposed project;
8 2 . The proposed project is planned and located in the
9 manner which will be most compatible with the greatest public
10 good and the least private injury; and
11 3 . The property described herein is necessary for the
12 proposed project.
13 4 . The offer required by Section 7267 . 2 of the Government
14 Code has been made to the owner of record.
15 The County Counsel of this County is hereby AUTHORIZED
16 AND EMPOWERED:
17 To acquire in the District' s name, by condemnation, fee
18 title in and to said real property in accordance with the
19 provisions of eminent domain in the Code of Civil Procedure and
20 the Constitution of California;
21 To prepare and prosecute in the District' s name such
22 proceedings in the proper court as are necessary for such
23 acquisition; and
24 To deposit the probable amount of compensation, based
25 on an appraisal, and to apply to said court for an order permitting
26 the District to take immediate possession and use said real
27 property for said public uses and purposes.
28
-2-
OU69
1 PASSED and ADOPTED on August 14 , 1984 , by the. following
2 vote:
3 AYES : Supervisors - Powers, Fanden, Schroder, McPeak,
Torlakson
4
NOES : Supervisors - None
5
b ABSENT: Supervisors - None
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 and regularly introduced, passed and adopted by the vote of
9 two-thirds or more of the Board of Supervisors of Contra Costa
10 County, California, as ex offico the Board of Supervisors of the
11 Contra Costa County Flood Control and Water Conservation District,
12 at a meeting of said Board on the date indicated .
13 Dated: _
14
J. R. OLSSON, County Clerk and
15 ex offico Clerk of the Board of
Supervisors of Contra Costa
16 County
17
18 Deputy
19 LTF:df
20 cc : Public Works Department
Real Property Division
21 Auditor-Controller
County Counsel (certified copy)
22
23
24
25
26
27
28 -3-
0 0 p
300p
SAN RAMON BY-PASS
Flood Control Zone 3B
Parcel 1300A
APPENDIX A
Parcel 1300A
A portion of the Rancho San Miguel situated in the County of Contra Costa,
State of California described as follows:
All that certain real property deeded to Southern Pacific Transportation
Company being those parcels of land recorded August 20, 1891 in Book 60 of
Deeds, page 276, recorded October 1, 1891 in Book 60 of Deeds, page 397,
recorded June 10, 1891 in Book 60 of Deeds, page 147 and recorded July 18,
1891 in Book 60 of Deeds, at page 207, all Records of said County, being
bounded on the north by a line perpendicular to the centerline of said real
property, and 80.00 feet northerly of the intersection of said centerline
and the centerline of the 52.00 feet in width strip of land described in
the Lis Pendens by Contra Costa County Flood Control and Water Conservation
District vs. Walnut Creek School District of Contra Costa County recorded
December 24, 1969 in Book 6031 at page 163 of Official Records of said County,
and on the south by the northern line of Mt. Diablo Boulevard.
EXCEPTING THEREFROM: The following described parcel ,
PARCEL 1
Beginning at the most easterly corner of Lot 10 as said lot is shown on the
map entitled "Tract 2249, The Village" recorded August 11, 1955 in Book 60
of Maps at page 20, records of said County; thence leaving said corner,
south 690 37' 17" east, 13.00 feet; thence south 20o 22' 43" west 71.20 feet;
thence southerly along the arc of a tangent curve, concave to the east, having
a radius of 507.00 feet through a central angle of 18o 37' 5311, a distance
of 164.87 feet to a point on the northerly line of Mt. Diablo Boulevard,
from which the radial line of a non-tangent curve concave to the southeast
bears south 190 17' 07" east; thence westerly along the arc of said curve
having a radius of 1000.00 feet trough a central angle of loo 32' 5411, a
distance of 184.10 feet to a point on the northwesterly line of that strip
of land described in the deed to the Southern Pacific Transportation Company
recorded July 18, 1891 in Book 60 of Deeds at page 207, Records of said County;
thence northerly along said line to the point of beginning.
Containing an area of 13,000 square feet, ( .30 acre) of land more or less.
Parcel 1300B
A portion of Rancho San Miguel situated in the County of Contra Costa, State
of California, described as follows:
All that certain real property, as deeded to Southern Pacific Transportation
Company that is bounded on the north by the southerly right of way line on
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Mt. Diablo Boulevard and on the south by the northerly right of way line
of Newell Avenue, being Parcels One and Two as described in the deed to Southern
Pacific Transportation Company recorded September 29, 1972 in Book 6762 at
page 822, Parcel One as described in the deed from Southern Pacific Transportation
Company to Southern Pacific Land Company, recorded October 25, 1977 in Book
8562 at page 70, and Parcel Two to Southern Pacific Transportation Company
recorded June 11, 1976 in Book 7899 at page 208, Official Records of said
County.
EXCEPTING THEREFROM: The following described parcels,
PARCEL 2
Commencing at the most northerly corner of Lot 17 as said lot is shown on
the map entitled "Map of Darrell Heights" recorded July 26, 1939 in Book
23 of Maps at page 711, records of said county; thence southerly along the
westerly line of said Lot 17 south 6o 39' 23" east 23.52 feet (the bearing
south 6o 39' 23" east being used for the purpose of this description) to
the true point of beginning; thence from said true point of beginning, continuing
along said line and its southerly prolongation, south 6o 39' 23" east 396.48
feet; thence leaving said line north 22o 03' 58" west 151.11 feet; thence
north 13o 00' 00" west 84.00 feet; thence north 25o 30' 00" west 52.00 feet;
thence north 12o 00' 00" west 109.00 feet to a point on a non-tangent curve
having a radius of 916.00 feet, concave to the south, the center of which
bears south 16o 12' 57" east, said curve also being the southerly line of
Mt. Diablo Boulevard; thence easterly along said curve, through a central
angle of 4o 48' 59", an arc distance of 77.00 feet to the true point of beginning.
Containing an area of 17,655 square feet (.405 acres) more or less.
PARCEL 3
Beginning at the most northerly corner of Parcel One as said parcel is described
in the deed to Southern Pacific Transportation Company recorded September
29, 1972 in Book 6762 at page 822 of Official Records of said county; thence
along the exterior boundary of said Parcel One south 190 18' 16" east 256.25
feet; thence south 190 37' 18" east 101 .62 feet; thence south 44o 42' 47"
west 160.07 feet; thence leaving said boundary north 17o 42' 24" west 424.25
feet to a point on the northwesterly line of said Parcel One (6762 OR 822) ;
thence along said northwesterly line north 68o 59' 37" east 131.56 feet to
the point of beginning.
Containing an area of 53,555 square feet (1.29 acres) more or less.
PARCEL 5
Beginning at the most southerly corner of Parcel One as said parcel is described
in the deed to Southern Pacific Land Company recorded October 25, 1977 in
Book 8562 at page 70, of Official Records of said county; thence north 24o
45' 13" west 384.78 feet along the westerly line of said parcel; thence leaving
said westerly line of Parcel One (8562 OR 70) north 68o 37' 17" east 67.00
feet; thence leaving said line south 200 00' 00" east 114.00 feet; thence
south 14o 47' 31" east 71.90 feet; thence south 17o 30' 00" east 198.00 feet
to a point on the southerly line of said Parcel One (8562 OR 70) ; thence
along said southerly line south 65o 14' 47" west 20.00 feet to the point
of beginning.
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00272
I _
. i
Containing an area of 17, 204 square feet (0.395 acres) more or less.
Parcel 1300C
A portion of Rancho San Miguel situated in the County of Contra Costa, State
of California, described as follows:
All that certain real property as deeded to Southern Pacific Transportation
Company bounded on the north by the southerly right of way line of Newell
Avenue and on the south by a line bearing north 57o 32' 31" west from a point
on the easterly line of said Southern Pacific Transportation Company real
property which bears north 4o 09' 00" west 120.00 feet along said easterly
line from the southwesterly corner of Parcel "A" as said parcel is shown
on the map entitled "M.S. 805-81" filed May 23, 1984 in Book 110 of Parcel
Maps at page 24 , Records of said County, said real property being Parcel
One as described in the deed to Southern Pacific Transportation Company recorded
June 11, 1976 in Book 7899 at page 208, of Official Records, the parcel of
land described in the deed t•o Southern Pacific Railroad Company recorded
June 10, 1891 in Book 60 of Deeds at page 137, the parcel of land described
in the deed to Southern Pacific Railroad Company, recorded October 1, 1891
in Book 60 of Deeds at page 397, the parcel of land described in the deed
to Southern Pacific Railroad Company, recorded June 10, 1891 in Book 60 of
Deeds page 135, the parcel of land described in the deed to Southern Pacific
Railroad Company recorded August 14, in Book 60 of Deeds at page 265, and
the parcel of land described in the deed to Southern Pacific Railroad Company
recorded July 18, 1890 in Book 60 of Deeds at page 109, all records of said
County.
EXCEPTING THEREFROM: Those Parcels of land described as Parcels 4, 5, `.and-. _.
6 in the deed from Southern Pacific Transportation Company to City of Walnut
Creek, recorded September 29, 1972 in Book 6762 at Page 812, Official Records
of said County.
Parcel 1301
A portion of Rancho San Miguel , being a portion of that parcel of land described
in the deed to Newell Hill Center recorded December 12, -1978 in Book 9140
at page 96 of Official Records of Contra Costa County, California, described
as follows:
Beginning at the most westerly corner of said Newell Hi 11 Center Parcel (9140
OR 96); thence along the 'northwester-ly line of said parcel (9140 OR 96) north
440 42 ' 47" east, 17.00 feet; thence south 17o 42 ' 24" east, 59.00 feet;.
thence south 20 40' 55" east, 23.10 feet to a poi-nt- on. the southwesterly
line of said parcel (9140 OR 96); thence along said southwesterly line north
240 45' 13" west, 74.00 feet to the point of beginning.
Containing an area of 765 square feet more or less. '
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DES.SANRAMON
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