HomeMy WebLinkAboutMINUTES - 08041987 - T.5 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
Condemnation of Property )
4 For Flood Control Purposes , )
San Pablo Creek , U.S . ) RESOLUTION OF NECESSITY
5 Army Corps . of Engineers )
Project No. 7567-6D8632 )
6 ) NO. 87/486
(C.C.P. Sec. 1245 .230)
8 The Board of Supervisors of Contra Costa County, California,
9 as ex-officio governing body of the Contra Costa County Flood
10 Control and Water Conservation District by vote of two-thirds or
11 more of its members , RESOLVES that :
12 Pursuant to West ' s Water Code, Appendix S 63-5 and Deering' s
13 Water Code, Uncodified Acts . Act 1656 , S 5, Contra Costa County
14 Flood Control and Water Conservation District intends to construct
15 a flood control channel , a public improvement , for flood control
16 purposes , and, in connection therewith, acquire interests in cer-,
17 tain real property .
18 The property to be acquired consists of five (5) parcels
19 within the proposed site of the San Pablo Creek, U.S. Army Corps .
20 of Engineers project , and is generally located in the Richmond
21 area, south of Parr Boulevard and east of Garden Tract Road. The
22 said property is more particularly described in Appendix "A" ,
23 attached hereto and incorporated herein by reference .
24 On May 18 , 1982 , this Board by resolution certified completion
25 of the final environmental impact report for the San Pablo Creek
26 project , including acquisition of the property described in
27 Appendix "A" attached hereto, thus complying with the requirements
28 of the California• Environmental Quality Act (Public Resources Code
RESOLUTION NO. 87/486
1 §§ 21000-21177) .
2 On June 23 , 1987 , this Board passed a resolution of intention
to adopt a � escIuLilc.: v,l ..ec1&ssity for the acquisition by eminent
4 domain of the property described in Appendix "A" (Resolution No.
5 87/392 and set 10 : 30 a.m. , July 14, 1987 , in its Chambers in the
6 Administration Building, 651 Pine Street , Martinez, California, as
7 the time and place for the hearing thereon . Said hearing was con-
8 tinued to August 4, 19.87 at the same time and place.
9 - The hearing was held at that time and place, and all
10 interested parties were given an opportunity to be heard and based
11 upon the evidence presented to it , this Board finds , determines
12 and hereby declares the following:
13 1 . The public interest and necessity require the proposed
14 project ; and
15 2 . The proposed project is planned and located in the manner
16 which will be most compatible with the greatest public good and
17 the least private injury; and
18 3 . The property described herein is necessary for the pro-
19 posed project ; and
20 4 . The offer required by Section 7267. 2 of the Government
21 Code was made to the owner or owners of record.
22 The County Counsel of this County is hereby AUTHORIZED and
23 EMPOWERED:
24 To acquire in the County' s name , by condemnation, the titles ,
25 easements and rights of way hereinafter described, in and to said
26 real property or interests therein, in accordance with the provi-
27 sions for eminent domain in the Code of Civil Procedure and the
28 Constitution of California: Parcels 1255 . 1 , 1255. 1A, 1255 . 1B and
-2-
RESOLUTION NO. 87/486
1255. 1C are to be acquired in fee title; Parcel 1255 . 1T is to be
1
acquired as a temporary construction easement which shall expire
2
i!nnn +hp eornpl -etion of ennstruetion of said project or December
3
31 , 1989 , whichever shall occur first ;
4
To prepare and prosecute in the County' s name such proceedings
5
in the proper court as are necessary for such acquisition;
6
To deposit the probable amount of compensation, based on an
7
appraisal , and to apply to said court for an order permitting the
8
County to take immediate possession and use said real property
9
for said public uses and purposes .
10
11 PASSED and ADOPTED on August 4, 1987 , by the following vote:
12 AYES: Supervisors Fanden, Schroder, Torlakson $ McPeak
NOES : None
13
14 ABSENT: None
15 ABSTAIN: Supervisor Powers
16 I HEREBY CERTIFY that the foregoing resolution was duly and
17 regularly introduced, passed and adopted by the vote of two-thirds
18 or more of the Board of Supervisors of Contra Costa County,
19 California, as ex officio governing body of the Contra Costa
20 County Flood Control and Water Conservation District at a meeting
21 of said Board on the date indicated.
22 Dated: August 4 , 1987
Phil Batchelor , Clerk of the
23 Board of Supervisors and County
Administrator
24
25 By: — '----------
Deput
26 cc: Public Works Department ,
27 Real Property Division
Auditor-Controller
28 County Counsel (Certified Copy)
County Administrator
-3-
RESOLUTION NO. 87/486
Cr Counsel
JUL 2 � 1981
San Pabl "
q� z �i - :cbartract 2
Third Strom two North Ridhnond Bypass
APPENDIX "A"
Those portions of the following described parcels of lard lying within the area
described in the deed to Forrest J. Simon et al recorded July 2, 1986 in Book 12977
at page 481 of Official Records of Contra Costa County.
Said parcels being a portion of lot 201 as shown on the map entitled, "Map of the San
Pablo Rancho Accrpanying and Forming a part of the Final Report of the Referees in
Partition", whish map was filed in the Office of the Recorder of the Canty of Contra
Costa, State of California, on March 1, 1894 and a portion of Lots G. H, I, J and K as
shown an the map of Sampson Tams Ranch filed July 1, 1907 in Book 1 of Maps at page 7,
Records of said Canty and are described as follows:
Parcel 1255.1 (Fee Title)
A strip of land 260.00 feet in width lying 140.00 feet northerly and 120.00 feet
southerly of the following described line:
Beginning at the centerline of Third Street (80 feet in right of way width) at a point
which bears south 10 10' 23" west 332.85 feet from the standard street moment at the
intersection of Parr Boulevard and Third Street as said centerline and monnm►ent are
shown on the map entitled, "A Precise Section of the Streets arra highways Plans-
Contra Costa County - North Ri.chrmnd Bypass" recorded November 5, 1%9 in Book 5998 at
page 209 of Official Records of said County; thence from said point of beginning,
north 900 00' 00" west 16.16 feet; thence westerly along the arc of a tangent curve,
Concave to the south having a radius of 634.58 feet through a central angle of 160 08'
4011, a distance of 178.81 feet; thence tangent to said curve, south 730 51' 20" west
439.74 feet; thence westerly along the arc of a tangent curve, concave to the north
having a radius of 1341.91 feet through a central angle of 80 32' 22", a distance of
,200.00 feet to a point which shall hereinafter be referred to as Point "3A".
A strip of land 270.00 feet in width lying 140.00 feet northerly and 130.00 feet
southerly of the following described line:
Begirzuim at said Point "lA", thence south 820 23' 42" west 354.22 feet; thence
westerly along the arc of a tangent curve, concave to the north having a radius of
2434.81 feet throxjh a central angle of 40 42' 2311, a distance of 200.00 feet; thence
tangent to said curve, south 870 06' 05" west 99.47 feet; thence westerly along the
arc of a tangent curve, concave to the north having a radius of 883.44 feet through a
central angle of 120 58' 161 , a distance of 200.00 feet; thence tangent to said wave,
north 790 55' 39" west 292.29 feet; thence westerly along the arc of a tangent curve,
concave to the north having a radius of 1496.95 feet through a central angle of 10 19'
291 , a distance of 34.61 feet to a point which shall hereinafter be referred to as
Point "1B". Said Point "1B" being the westerly termimus of the above described strip
of lard.
Said Point "1B" being further described as bearing south 10 18' 47" west 369.22 feet
along the North Richxond Bypass centerline from the standard street mormmerrt at the
intersection of the proposed centerlines of North R2.c3=rd Bypass and Parr Boulevard
as shown on said map (5998 OR 209) .
M
San Pablo Creek, Phase I - Contract 2
Mird Street to North Ridm and Bypass
APPENDIX A (cont Id)
Parcel 1255.1A (Fee Title)
A portion of Lot I as shown on the map of Sampson Tams Ranch filed July 1, 1907 in
Book 1 of Maps at page 7, Records of Contra Costa County, State of California,
described as follows:
Commencing at Point "W' as previously described above in PARCEL 1255.1; thence south
70 36' 18" east 120.00 feet to an angle point on the southerly line of said PARCEL,
1255.1 said angle point being the Point of Beginning; theme along said southerly line
continuing south 70 36' 18" east 10.00 feet; thence leaving said line, north 750 30'
40" east 218.66 feet to a point on the southerly line of said PARCEL 1255.1 frau which
a radial line of a curve concave to the north having a radius of 1461.91 feet bears
north 160 08' 40" west; thence westerly along the arc of said curve through a central
angle of 80 32' 22", a distance of 217.89 feet to the Paint of Beginning.
Parcel 1255.1E and 1255.1C (Fee Title)
A portion of that parcel of land described in the instrument to Forrest J. Simon, et
al recorded July 2, 1986 in Book 12977 of Official Records at page 481 and a portion
of Lots G and H as said lots are shown on the map of Sampson Tams Ranch filed July 1,
1907 in Book 1 of Maps at page 7, records of Contra Costa County, State of California,
being all of said Simon, et al parcel lying northerly of and southerly of the strip
of land described above in PARCEL 1255.1.
RESERVING N: For an access easement, the southerly 50.00 feet of the above
described Simon, et al parcel (12977 OR 481) lying within said Tats G arra H (1 M 7) .
Bearings and distances used in the above descriptions are based on the California
Coordinate System Zone III (CCS 27) . To obtain ground distance multiply distances
used by 1.0000641.
Parcel 1255.1T (Temporary Easement)
A temporary construction easement for flood control purposes and incidents thereto to
expire upon ccupletion of construction or by Decanter 31, 1989, whichever occurs
first, described as follows:
A strip of land 15.00 feet in width, right angle measure, lying southerly of and
adjoining the most southerly line of the previously described PARCEL 1255.1 and PARCEL,
1255.1A.
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