HomeMy WebLinkAboutMINUTES - 09181984 - T.2 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 , ) RESOLUTION OF NECESSITY
5 Drainage Area 44B, )
Pleasant Hill Area, ) NO. 84/554
6 Project No. 7520-6B8636, )
Flood Control Zone 3b. )
7 )
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8
9 9
10 The Board of Supervisors as ex officio the Board of
11 Supervisors of the Contra Costa County Flood Control and Water
12 Conservation District , by vote of two-thirds or more of its mem-
13 bers , RESOLVES THAT:
14 Pursuant to West ' s Water Code-Appendix Sec. 53-5 and Deering' s
15 Water-Uncodified Acts , Act 1656 , Sec. 5, the Contra Costa County
16 Flood Control and Water Conservation District intends to construct
17 a flood control channel , a public improvement , and, in connection
18 therewith , acquire an interest in certain real property.
19 The property to be acquired is generally located in the
20 Pleasant Hill area between Las Juntas Way and Jones Road and con-
21 sists of a strip of land, approximately 30 feet in width.
22 Said property is more particularly described in Appendix "A" ,
23 attached hereto and incorporated herein by this reference.
24 On August 21 , 1984 , this Board passed a resolution of inten-
25 tion to adopt a resolution of necessity for the acquisition by
26 eminent domain of the property described in Appendix "A" hereto and
27 set September 11 , 1984 , at 10 :30 a.m, in its Chambers in the
28 Administration Building, 651 Pine Street , Martinez, California, as i
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I the time and place for the hearing thereon (Resolution No.
2 84/515 ) . The hearing was continued to September 18 , 1984 , at 2 : 30
3 p.m. , at which time and place the hearing was held, and upon the
4 evidence presented to it this Board finds , determines and hereby
5 declares the following:
6
7 1 . The public_ interest and necessity require the proposed
8 project ;
9 2 . The proposed project is planned and located in the manner
to which will be most compatible with the greatest public good and
11 the least private injury ;
12 3 . The property described herein is necessary for the pro-
13 posed project ; and
14 4 . The offer required by Section 7267. 2 of the Government
15 Code has been made to the owner or owners of record.
16
17 The County Counsel of this County is hereby AUTHORIZED AND
18 EMPOWERED:
19 To acquire in the District ' s name, by condemnation, the
20 titles , easements and rights of way hereinafter described, in and
21 to said real property or interests therein, in accordance with the
22 provisions of eminent domain in the Code of Civil Procedure
23 and the Constitution of the State of California: Parcels one and
24 three are to be acquired as permanent drainage easements , and
25 parcels two and four are to be acquired as temporary construction
26 easements which shall expire upon the completion of construction
27 of said project or December 31 , 1985 , whichever shall occur first ,;
28
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I To prepare and prosecute in the District ' s name such pro-
2 ceedings in the proper court as are necessary for such acquisi -
3 tion; and
4 To deposit the probable amount of compensation, based on an
5 appraisal , and to apply to said court for an order permitting the
6 District to take immediate possession and use said real property
7 for said public uses and purposes .
8 PASSED and ADOPTED on September 18 , 1984 , by the following
9 vote:
10 AYES : Tom Powers , Nancy Fanden , Sunne Mc Peak, Tom Torlakson
11 NOES : None
12 ABSENT: Robert Schroder
13 I HEREBY CERTIFY that the foregoing resolution was duly and
14 regularly introduced, passed and adopted by a vote of two-thirds
15 or more of. the Board of Supervisors of Contra Costa County,
16 California, as ex officio the Board of Supervisors of the Contra
17 Costa County Flood Control and Water Conservation District , at a
18 meeting of said Board on the date indicated.
19
20 Dated :
21
Phil Batchelor , Clerk of the
22 Board of Supervisors and
23 County Administrator
24 --�— -- -- ------------
25 Deputy
26
ec: Public Works Department
27 Real Property Division
28 Auditor-Controller
County Counsel (certified copy)
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Drainage Area 44B
APPENDIX "A'
Parcel One (Permanent Easement)
A portion of Rancho Las Juntas, Contra Costa County, California, described
as follows:
Commencing at the monument located at Station 19 + 23.38 Coggins Drive; thence
south 080 45 ' 16" west, 915.26 feet to the monument marking the intersection
of Coggins Drive and Las Juntas Way, thence leaving said monument south 880
14' 56" east, 56.96 feet to a point which shall hereinafter be referred to
as Point "E. 1" , said Point also being a Point on the southerly line of that
parcel of land deeded to Randall , Earle & Craig , et al , filed July 29, 1983
in Book 11365 of Official Records at page 916, Records of said County.
A strip of land over and through that parcel of land deeded to Southern Pacific
Railroad on June 20, 1891 , filed in Book 60 of deeds at page 216, Records
of said County, said strip being 14.00 feet in width, lying 7.00 feet easterly
and 7.00 feet westerly of the following described line:
Beginning at said Point "E. 111, thence south 080 44' 34" west 1,326.33 feet
to a point on the centerline of Treat Boulevard, said point shall hereinafter
be referred to as Point "F. 1" and is the southerly terminus of said strip
of land. Said Point "F. 1" being further described as bearing south 890 33'
43" east 104.86 feet along the centerline of Treat Boulevard from the monument
located within the left turn lane at Coggins Drive, said monument being further
described as bearing north 890 33 ' 43" west, 199.29 feet from a railroad
spike placed at the intersection of Del Hombre Lane and Treat Boulevard.
Parcel Two (Temporary Construction Easement)
An easement for temporary construction purposes 30.00 feet in width , lying
20.00 feet easterly and 10.00 feet westerly of the above described permanent
easement line lying between said Points "E.1" and said Point "F. 1" in PARCEL
One above.
EXCEPTING THEREFROM
All of the above Parcel One lying within said Parcel Two and that portion
lying within the existing right of way of Treat Boulevard.
RP.AppenADA44B
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Parcel Three (Permanent Easement)
ALL THAT PORTION OF THAT CERTAIN 100 .00 FOOT WIDE SOUTHERN
PACIFIC RAILROAD RIGHT—OF—WAY AND BEING A PORTION OF RANCHO
LAS JUNTAS DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF 14 . 00 FEET THE
CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERN LINE OF TREAT BOULEVARD
AT THE WESTERN LINE OF SAID S.P:R.R. RIGHT—OF—WAY SAID
POINT OF COMMENCEMENT ALSO BEING THE SOUTHEASTERN CORNER
OF THAT CERTAIN PARCEL OF LAND CONVEYED TO CONTRA COSTA
COUNTY BY DEED RECORDED IN BOOK 9385 OF OFFICIAL RECORDS
AT PAGE 886 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA - COUNTY; THENCE, FROM THE SAID POINT OF COMMENCEMENT
ALONG SAID SOUTHERN LINE OF TREAT BOULEVARD SOUTH 890 33 '
53" EAST (THE BEARINGS OF THIS DESCRIPTION BEING REFERENCED
TO THE CALIFORNIA COORDINATE SYSTEM ZONE III ) 35 . 37 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE,
ALONG THE CENTERLINE OF THE HEREIN DESCRIBED 14. 00 FOOT
STRIP OF LAND SOUTH 080 4 4 ' 3711 WEST 457. 51 FEET AND ALONG
THE ARC OF A TANGENT 140 .00 FOOT RADIUS CURVE TO THE RIGHT
TO A CENTRAL ANGLE OF 410 24 ' 35" AN ARC DISTANCE OF 101 . 18
FEET TO SAID WESTERN LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT—OF—WAY AND TO THE POINT OF TERMINATION FOR THIS
DESCRIPTION FROM WHICH THE POINT OF COMMENCEMENT BEARS
NORTH 080 44 ' 37" EAST 545.00 FEET.
.. Parcel Four (Temporary Construction Easement)
A STRIP OF LAND LYING 17. 50 FEET TO THE LEFT AND 17 . 50
TO THE RIGHT OF THE HEREIN DESCRIBED CENTERLINE, DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERN LINE OF TREAT BOULEVARD
AT THE WESTERN LINE OF SAID 'S .P.R.R. RIGHT—OF—WAY POINT
OF COMMENCEMENT ALSO BEING THE SOUTHEASTERN CORNER OF THAT
. CERTAIN PARCEL OF LAND CONVEYED TO CONTRA COSTA COUNTY
.BY DEED RECORDED IN BOOK 9385 OF OFFICIAL RECORDS AT PAGE
886 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY; THENCE, FROM THE SAID POINT OF COMMENCEMENT ALONG
SAID SOUTHERN LINE OF TREAT BOULEVARD SOUTH 890 33 ' 53"
EAST (THE BEARINGS OF THIS DESCRIPTION BEING REFERENCED
TO THE CALIFORNIA COORDINATE SYSTEM ZONE III ) 35 . 37 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE,
ALONG THE CENTERLINE OF THE HEREIN DESCRIBED 35 . 00 FOOT
STRIP OF LAND, SOUTH 080 44 ' 37" WEST 457 . 51 FEET AND ALONG
THE ARC OF A TANGENT 140 . 00 FOOT RADIUS CURVE TO THE RIGHT
TO A CENTRAL ANGLE OF 410 24 ' 35" AN ARC DISTANCE OF 101 . 18
FEET TO SAID WESTERN LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT—OF—WAY AND TO THE POINT OF TERMINATION FOR THIS
DESCRIPTION FROM WHICH THE POINT OF COMMENCEMENT BEARS
NORTH 080 44 ' 37" EAST 545. 00 FEET.
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