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HomeMy WebLinkAboutMINUTES - 09131988 - 1.27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE'', CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on September 13," 1988 by the following vote: r AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder NOES: None ABSENT: None ABSTAIN: None Resolution No. 88/580 , (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 57 Martinez",, Area, to Institute Drainage Plans Therefor, and to Enact a 'Drainage Fee Ordinance, Martinez Area. Project #7505-6F8175. The Board of Supervisors of Contra Costa County, as the governing Board of the Contra Costa County Flood Control and Water Conservation District, RESOLVE;' THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Board to establish drainage areas, institute drainage plans therefor, enact drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 57, consisting of that real property described in Exhibit "A" , attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Drainage Plan, entitled ''Drainage I Area " 57, Boundary Map and Drainage Plan" , dated June, 1987, proposed to be instituted for Drainage Area 57. Said documents, which show the. general location of said Drainage Area and'? provide an estimate of the cost of the facilities to be borne by property in the Drainage Area, are on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. A proposed drainage fee ordinance, providing for all or part payment of the facilities described- in said drainage plan, is attached hereto and marked Exhibit "B" . It is proposed that Drainage Area 57 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be enacted. At 11: 00 a.m. on October 25, 1988, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said Drainage Area, the enactment of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing, this Board will consider and act upon the Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 57, the institution of the drainage plan therefor, and the enactment of the proposed drainage fee ordinance for Drainage Area 57 . Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of this Board is DIRECTED to publish a Noti0 of Hearing, pursuant to Government Code 6066, once a week for two RESOLUTION NO. 88/580 (2) successive weeks prior to the hearing in the "Martinez News Gazette, " a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The exterior boundaries of said Drainage Area 57 include lands within the City of Martinez. The Clerk of this Board is DIRECTED to forward to the governing body of said City a copy of this Resolution at least twenty (20) days before the above noted hearing. I hereby certify that tljis is a trus and correct copy of an action taksl and enter-od en the minutes of the Hoard of Supemisora on the date shown. ATTESTED: SFR _1.UHB PHIL BATCHCLOR, Ciork of the Board of Super h3ors and County Administrator By � pQ /J it�ye.shn i .UAI,, , Deputy, Originator: Public Works (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Ralph Garrow, Inc. P.O. Box 367 Antioch CA 94509 McKay & Somps 1150 Burnett Avenue, #D Concord, CA 94520 Citation Builders 597 Center Avenue, #150 Martinez, CA 94553 N. CA Bldg Indus Assoc Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 William Thompson Trammell Crow Company 591 Redwood Hwy. , #5275 Mill Valley, CA 94941 S. Mellema Thiessen, Gagen & McCoy P.O. Box 218 Danville, Ca 94526-0218 City of Martinez 525 Henrietta Street Martinez, CA 94553 SC:dmw DA57Not.t12 RESOLUTION NO. 88/580 EXHIBIT "All - CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 57 A portion of Rancho Las Juntas and other real property situate in Contra Costa County, California and described as follows: References to ownerships, boundaries, and acreages are of Official Records of said County. Beginning at a point on the northwest line of Arthur Road as it crosses under "Interstate Freeway Route 680", more particularly described as being the southeast corner of Lot 1, Vine Hill Gardens, Unit; No. 1, recorded June 26, 1952, in Book 87 of Maps at Page 24; thence. along said northwest line of Arthur Road, South 26 West 152.52 feet, more or less, to She north line of the Contra C8sta Canal ; thence along said nortp line, North 68 19' West 184.1 feet, North 76 04' West 135.3 feet, and South 63 23' West 22.25 feet', to the east corner of Lot 29, Subdivision 2676, recorded August 4, 1961, in Book $3 of Maps at Page 40; thence al ng the boundary of Subdivisio 2676, North 53 02'18" West 6.6 feet, North 73812'32" West 250 feeot, North 43827'50" West 201.56 fees, North 24°14'39" West 357-.95 f8et, North 41 20'22" West 167.09 feet, South 30 51'54" West 94.85, and North 62 51'18" West 339.84 feet, to the east corner of Subdivision 2965, recorded November 8, 1962, in 'Book d90 of Maps at Page 11 thence along the boundary of Subdivision 2965, North 62 41145" West 967.92 feet and South 27°19'05" West 190 feet, to the north corner of' that parcel of land deeded to Shell Oil Company recorded January 8, 1969, in Volume 5786 at Page'; 429; thence along the b8undary of said Shell Oil Company parcel , South 27°19'05" West 553.36 feet, South 62 49111" East 446.82 feet, and South 27010'49" West 97.48 feet, to the north corner of Lot 27, Subdivision 5210, recorded May 31, 1978, in Book 211 of Maps at Page 21; thence along the northwest line of Subdivision 52;10, South 27°06'32" West .371.88 feet, to the east corner of that parcel of land 'excepted by James C. and Norma J. Francis in the deed to Mark B. Barnes and Jeanette Francis recorded June 5, 1979, in Volume 9383 at Page 467; thence along the boundary of said excegted parcel , North 63°47' West 110 feet, South 26°15' West 50 feet, and South 63 47' East 110 feet, to the aforementioned northwest line of Subdivision 5210; thence along said northwest line, South 27 06'32" West 150.47 feet, to the east corner of Subdivision 5858, recorded May 20, 1983, in "Book 2a0 of Maps at Page 13; thence along the boundary of Subdivision 5858, South 27 00'50" West 491.08 feet and North 63°00'10" West 97.07 feet, to the southwest corner thereof; thence crossing Pacheco Boulevard, Southwesterly 79 feet, more or less, to the north corner of Lot 1, Price Park recorded September 22, 1941, in Book 25 of Maps at Page 850• thence along the boundary of ut Lot 1, Soh 30°45' West 200 feet and South 6425' East 39.95 feet, to the east corner of Lot 7, (25 M 850); thence along the southeast lines of Lots 7, 8, and 11, (25 M 850), South 30045' West 300 feet, to the northeast line of that parcel of land deeded to. William and Debra Jones recorded September 24, 1973, in Xolume 7053 at Page 137; thence along the boundary of said Jones parcel , North 64 25' West 29.89 feet and South 30451 West 165.27 feet, to the northeast line of Adelaide Drive; thence crossing Adelaide Drive, Southerly 56 feet, more. or less, to the 'north corner of that parcel of land deeded to Donald Rigney recorded February 3, 1982 in Volume 1066 at Page 61; thence along the northwest line of said Rigney parcel , South 25 35' West 167.11 feet, to the east line of Lot 17, De Normandie Manor, filed Judy 23, 19539 in Book 51. of Maps at Page 24; thence along said:,east line, South 00 34'31" West .19.19 feet, to the northeast corner of that parcel of land deeded to Roger H. and Sarah S. Languell recorded July 1, 1952, in Volume 1955 at Page 188; thence along the east line of said Languell parcel , South 01 East 450.31 feet, to the north line of the Atchison T8peka and Sante Fe Railroad right of way; thence along said north line, South 83.0.2' West 629 feet, more for less, to the centerline of Morello Avenue, a County road 50 feet wide; thence `along said centerline, Southerly 945 feet, more or less, to the easterly prolongation of the south line at Minor Subdivision D-L 553-81, filed December 4, 1981, ire Book 98 of S arcel Maps at Page -40; thence along said prolongation and south line, North 8907'06" West 386.41 feet, to the southwest corne6 thereof; thence along the westerly prolongation of said south line, North 89 07'06" West 390 feet, to the southeast corner of Subdivisbon 3801, recorded May 28, 1969, in Book i126 of Maps at Page 29; thence North 89 07'06 West 641.59 feet to the southwest corner thereof, being a point on the boundary of "Contra Costa County Flood Control and Water Conservation District Drainage Area 40A" established by Board of Supervisors Resolution No. 82/21 dated January 5, 1982. Thence along the boundary of said "Drainage Area 40A" the following courses: Southerly 1,873 feet, more or less, to the: north line of Subdivision 5596, Village Oaks Unit 4, recorded October 17, 1979, in Boob 231 of Maps at Page 17; thence along the boundary of Subdivision 5596, (forth 89 23'48" West 361.30 -feet, South 00'36' 12" West 137.28 feet, and South 40 13'48" East 160.73 feet, to the north corner of PARCEL C shown on the map filed June 23, 1965, in Book 35 of Licensed Surveyor's Maps at Page 29; t�ence along the boundary of PARCEL C, Sguth 26 09'01" West 410.29 feet, South 58 51'27" East 359.55 feet, and South 28 04' West 190 feet, more or less, to the northeast line of Arnold Drive; thence crossing Arnold Drive and John Muir Parkway, Southerly 357 feet, more or less, to the northeast corner of that parcel of land "deeded to Lillian Held recorded August 1, 1973, in VolWme 7011 at Page 771; thence along the east line of said Held parcel , South 11 08119" West 50 feet, to the north line of Muir Road; thence along said north line, Westerly 450 feet', more or less, to the northerly prolongation of the east line of that parcel of: land deeded to Kaiser Foundation Hospital recorded November 1, 1978, in Volume 9087 at Page 4519; thence along said prolongatoion and boundary of said KaiseE parcel , South 00 01'24 East 270 feet, South 42 West 700 feet, and North 53 West 140 feet, more ore less, to the east line of Subdivision 4774, Pine Meadows, Unit 2, filed April 20, 1978, in Bogk 210 of Maps at Page 3; thence along the boundary of Subdivision 4774, South 01 01137" West 583.32 feet and North 88 16103" West 20 feet, more or less, to the northerly prolongation of the west line of Lot 19, Muir Oaks, filed August 5, 1913, in Book 10 of Maps at Page 243; thence along said prolongation and west lines of Lots 19 and 18 of said Muir Oaks, Southerly 290 feet, more or less, to the north corner of the parcel of land deeded to John E. Turner, et ux, recorded December 9, 1957, in VoluSne 3086 at Page 426; thence, along the boundary of said Turner parcel , South 44 46' East 326.86 feet, South 81 East 25 feet, South 08°30' West 163.87 feet, southwesterly along the arc of a curve concave to the northwest, having a radius of 120 feet, through a central angle of 29°38' , a distance of 62.07 feet; Thence, leaving the. boundary of "Drainage Area 40A", along the prolongation of a radial to aforementioned curve, South 51°52' East 25 feet, to the northeast corner of that parcel of land deeded to Dennis and Gay L. Koci , recorded September 7, 1972, in Volame 6744 at Page 840; thence along the east line of said Koci parcel , 'South 28 29' East 193.9 feet, to a point on the north line of that parcel of land deeded to Melvin K. and Elizabeth J. Freng recorded October 5, 1960, in Volume 3717 at Page 306; thence along the boundary of said Freng parcel , North 60 11'30" East 112 feet and South 82°07' 15" East 126.13 feet, .to the north corner of that parcel of land deeded to Daniel A. and Roberta J. Carrico recorded May 27, 1977, in Volume 8350 at Page 712; thence along the boundary of said Carrico parcel , South 82°07' 15" East 100 feet and South 37 45'15" West 170 feet, more or less, to the west corner of that parcel of land deeded to Douglas N. and Constance F. Day, Jr. recorded February 16, 1982, in Volume 10675 at Page 573; thence aaong the boundary of said Day parcel , South 34°O1' 'East 199.99 feet and South 24 05' West 172 feet, - to the centerline of Milden Road; thence along said centerline, in a general southeasterly direction, 889.1 feet,; to the center of a cul-de-sac at the southern end thereof, being also the north corner of that parcel of land deeded to Michael J. and Rose T. Aughney recorded July 21, 1972, in Volume 6704 at Page 899; thence along the boundary of said Aughney parcel , South 63 East 50 fe8 t, South 47 38' East 66.21 feet, south 7 23'45" East 194.42 feet, South 16 50' East 80.61 feet; thence South 37 42120",West 232.71 feet to the northeast corner of that parcel of land deeded to Wilma 'W. Ahlstrom recorded November 18, 1971, in Volume 6523 at Page 506; thence along the east line of said Ahlstrom parcel and its southerly prolongation, South 18 40' East 223.45 feet, to a point on the centerline of Vine Hill Way, said point being the north corner of that 3.15 acre parcel of land deeded to Nelda F. Abaurrea recorded October 23, 1981, in Volume 10547 at Page 170; thence along the east line of said 3.15 acre parcel and the southerly prolongation thereof, South' 18°20' East 1,780 feet, more or less, to the north line of Subdivision 4957, Alhambra Hills, recorded July 27, 1977, in Book 290 of Maps at Page 1; thence along to 'the boundary of Subdivision 4957, South 89 32'23" East . 190 feet, more or,, less, and South 19°03' 22" East 593.70 feet; thence in a straight line, Northeasterly 1,179 feet, more or less, to the south corner of Lot 163, Subdivision 5738, Diablo Valley Estates Units 3, filed December 10, 1980, in Rook 247 of Maps at Page 49; thence along the northwest line of Lot 163, North 40 56'25" East 120 feet, to the north corner thereof; thence crossing Augustine Drive, Northeasterly' 44.5 feet, more or less, to the 1. west corner of Lot 211, (247 M 49); thence along the northwest line of Lot 211, North 40°56'25" East 109.86 feet, to the north corner thereof; thence crossing Morello Avenue, Northwesterly 135 feet, more or less, to the west corner of Lot 214, Subdivision 4259, Vine Hill , recorded May 3, 1972b in Book 146 of Maps at Page 4; hence along the boundary of Lot 214, NoEth 40 58105" East 147.85 feet, South 26 06'17" East 153.28 feet,. and North . 63 53'43" East, 10 feet; thence continuing North 63°53'43" East 175 feet, more or less, to the centerline of Ashwood Drive (146 M 4); thence along said centerline, in a general easterly direction 1,205 feet, more or less, to its intersection with the centerline of Beechwood Drive, as shown on the map of Subdivision 4090, Hidden Valley, recorded November 24, 1971, in Book 142 of Maps at Page 15; thence along the centerline of Beechwood Drive, northwesterly along the arc of a curve concave to the northeast, with a radius of 175 feet, through a central angle of 07 2014611, a distance of 22.44 feet, to the southwesterly prolongation of the northwest line of Lot 19, (142 M 15); thence along said prolongation and northwest line, North 54°15'21", East 136 b28 feet, to the boundary of Subdivision 4090; thence along said bo8ndary, South 45 18' 17" East 49.25 feet, South 79 09'05" East 17c6 feet, North 88 43135" East 290 feet, North 80016140" East 20.87 feet, North 66 44'44" East 75642 feet, South 64008' East 87 feet, North 63 14' 13" East 74 feet, and North 36 04' East 245.62 feet, to the south corner of Lot 17, (142 M 15); Bence along the southeast line of Lot 17 and its easterly prolongation, North 67 55105" East 124.55 feet, to the southeast corner of Lot 16, (142 M 15); thence along the east line of Lot 16 and its northerly prolongation, North O1°16'25" West 147.44 flet, to the centerline of Center Avenue; thence along said centerline, North 88 43'35" East 343.82 feet and easterly along the arc of a curve concave to the south, with a radius of 480 feet, a distance of 30 feet, more or less, to the southerly prolongation of the west line of Lot 8, (142 M 15); thence along said prolongation and west line, North O1°16'25" Weost 140.83 feet, more or less, to the northwest corner of Lot 8; thence South 88 43'35" West 8 feet to the southwest corner of Lot 32, Subdivision 2280, Scenic Highlands, Unit No. 1, filed October 3, 1956, in Book 65 of Maps at Page 36; thence along the west line of Lot 32 and its northerly prolongation, North O1°16'25" West 125 feet, to the centerline of Silverwood Drive; thence along said centerline, North 88°43'35" East 23 feet, to the southerly prolongation of the west nine of Lot 21, (65 M 36); thence along said prolongation and west line, North 01 1,x'25" West 135 feet; thence along the north line of Subdivision 2280, North 88 43'35" East 484.24 feet, to the southeast corner of Lot 20, Subdivision 3808, Spring Valley Unit 5, recorded July 23, 1969, in Book 121 of Maps at Page 24; thence along the boundary of Subdivision 3808, North 01 20'20" East 968.81 feet, to the northeast corner of Lot 9, (127 M 24); thence along the east lines of PARCEL C and PARCEL D, as shown on the map filed April 20, 1972, in Book 21 of Parcel Maps at Page 41, North O1°11'21" East 204.82 feet, to the northeast corner of PARCEL D, (21 PM 41); thence along the east line of PARCEL A, as shown on the map filed April 20, 1972, in Book 21 of Parcel Maps at Page 40, North 01 11'21" East 105.67 feet, to the southeast corner of PARCEL B, as shown on the map filed May 24, 1972, in Book 22 of Parcel Maps at Page 21; thence along the east line of PARCEL B, North O1°11'21" East 101.4 feet, to the southeast corner of that parcel of land deeded to W. Michael and Lois A. Hart, recorded March 8, 1977, in Volume 8231 at Page 433; thence along the east line of said Hart parcel , North 0°25'15 East 346 feet, to the southeast corner of that parcel of land deeded to Contra Costa County Deputy Sheriff' sAssociation Incorporated recorded January 9, 1964, in Volume 4528 at Page 313; thence along the east line thereof and its northerly prolongation, North 00 25'15" East 261 feet, more or less, to the centerline of Muir Road; thence along said centerline, in a general easterly direction, 1,000 feet, more or less, to the centerline of Glacier Drive; thence along the centerline of Glacier Drive, in a general northerly direction, 520 feet, more or less, to the centerline intersection of Arnold Drive and Milano Way; thence along the centerline of Milano Way, Northerly 120 feet, more or less, to the south line of that parcel of land deeded to Louise Lindgren recorded Februa&y 4, 1971, in Volume 6310 at Page 561; thence along said south line, North 74 52'35" East 350 feet, to the southeast corner thereof; thence along the east line of said Lindgren parcel and its northerly prolongation, North 14 U52'40" West 373.4 feet, to the northeast corner of that parcel of land deeded to Rosemary Nevis recorded June 7, 1974, in Volume 7244 at Page 703; thence along the north line of said Nevis parcel , South 74°52'35" West 350 feet, to the centerline of Milano Way; thence along said centerline, North 14°50' West 913.92 feet, to the north line of that parcel of land deeded to Harry M. and Mary M. Pires recorded July 28, 1980, in Volume 9928 at Page 778; thence along said north line, North 74°52'35" East 25 feet, to the east line of Milano Way; thence in a straight line, Northeasterly 900 feet, more or less, to the northwest corner of Subdivision 5958, Sunrise Ridge Unit 2, filed February 27, 1981, in Bgok 249 of Maps at Page 45; thence along the boundary of Subdivision 5958, North 53 12109" East 87.08 feet, to the west corner of Subdivision 5960, Sunrise Ridge Unit 3, filed March 24, 1982, in Book 2g3 of Maps at Page 16; thence along �he boundary of Subdivision 5960, North 53 12'09" East 936.47 feet, North 40 06'19" East 13.58 feet, and South 39°47'51" East 323.54 feet; thence continuing South 39 47'51" East 334.13 feet to the east corner of Subdivision 5960, being also the north corner of Subdivision 5961, Sunrise Ridge Unit 4, filed March 24, 1982, in Bogk 263 of Maps at Page 27; thence along the boundary of Subdivision 5961, South 39 4751" East 1,036.77 feet, to the north line of Subdivision 5837, Sunrise Ridge Unit 1, filed October 1, 1980, in Book 246 of Maps at Page 10; thence along said north line and its easterly prolongation, North 81°42'42" East 279.79 feet, to the centerline of Arnold Drive; thence along said centerline, South 16 32'29" West 629.88 feet and along the arc of a curve concave to the west, with a. radius of 1,000 feet, a distance of 45 feet, more or less, to the easterly prolongation of the south line of Subdivision 5837; thence along said prolongation, North 78°37'42" East 320 feet; thence in a straight line, Northerly 365 feet, more or less, to an angle point an the west line of the Contra Costa Canal; thence along said west line, North 30 57' East 140.6 feet and North 18 30' East 419 feet, more or less, to the centerline of Pacheco Boulevard; thence along said centerline, Northwesterly 440 feet, more or less, to the northwest line of that parcel of land deeded. to Oleroy D. Hytholt recorded January 27, 1969, in Volume 5799 at Page 237; thence along said northwest line, North 55°24' East 370 feet, more or less, to the south line of the Contra Costa Canal ; thence crossing said canal , North 00°30' East 100 feet, to the south corner of that parcel of land deeded to Terrance Boylan recorded September 12, 1957, in Volume 3042 at Page 419; thence along theo east line of said Boylan parcel and the northerly prolongation thereof, North 01 20'15" East 653 feet, more or less, to the west line of that parcel of land deeded to John and Yaeko Nishigawa recorded January 4, 1980, in Volume 9684 at Page 176; thence along said west line, North O1°20'15" East 91.95 feet, to the southwest corner of that parcel of land deeded to Oscar McCain recorded September 6, 1983, in Vol%ne 11420 at Page 757; thence along the west line of said McCain parcel , North 01 01' West 257.98 feet, to the southwest corner of that parcel of land deeded to Philip Y. Chow recorded March 1, 1982, in Voaume 10691 at Page 847; thence along the west line of said Chow parcel , North 01 34130" West 344.35 feet, to the southwest corner of Minor Subdivision 261-68, filed June 12, 1969, in Book 9 of Parcel Maps at Page 12; thence along the west line thereof, North O1°34'30" West 70 feet, to the south line of that parcel of land deeded to Lee R. Jensen recorded Jane 25, 1975, in Volume 7548 at Page 623; thence along said south line, North 74 09'15" West 21 feet, to the south corner of that parcel of land deeded to Robert J. and Marcia L. Wright recorded October 3, 1983, in Volum 11468 at Page 291; thence along the boundary of said Wright parcel , North 74 West 294.25 feet and North 18 30' West 242.34 feet, to the southwest corner of that parcel of land deeded to George H. and Hime Nichols recorded September 8, 1952, in Volume 1987 at Page 481; thence along the west line of said Nichols parcel , North 18° West 231.5 feet, to the southwest corner of that parcel of land deeded to James. H. and Patricia S. Farr recorded April 21, 1982, in Plume 10752 at Page 163; thence along the west line of said Farr parcel , North 18 West 271.6 feet, to the southwest corner of Minor Subdivision 135-80, filed August 5, 1982, in Book 102 of Parcel Maps at Page 15; thence along the west line thereof, North 18°01'10" West 239.5 feet, to the west corner of PARCEL ONE deeded to Roy E. Coats recorded December 22, 1983, in Volume 11583 at Page 123; thence along the boundary of said PARCEL ONE North 21°54'47" East 305.81 feet, North 54 12' East 263.38 feet, and North 46b42'32" East 323.42 feet, to the east corner of PARCEL TWO deeded to Roy E. Coats recorded December 22, 1983, in Volume 11583 at Page 123; thence along the east line of said PARCEL TWO, North 16°04'39" West 237.5 feet, more ore less, to the south line of Atchison Topeka and Sante Fe Railroad right of way; thence crossing said railroad right of way, Westerly 300 feet, more or less, to the east corner of that 13.45 acre parcel of land deeded to ACME Fill Corporation recorded April 21, 1969, in Volume 5857 at Page 349; thence along the boundary of said 13.45 acre parcel , in a general northwesterly direction, 650 feet, more or less, to the north corner thereof; thence North 64030' West 1,220 feet; thence in a straight line, Westerly 330 feet, more or less, to the east corner of that parcel of land deeded to Richard J. Bascaglia recorded March 25, 1980, in Volume 9786 at Page 162; thence along the oboundary of said Bascaglia parcel , South 260 West 202.42 feet and North 64 West 458.68 feet; thence continuing North 640 West 540.10 feet to the point of beginning. fc:da57.descrip.t3 q L EXHIBIT "B" ORDINANCE NO. AN ORDINANCE OF THE CONTRA COSTA COUNTY FTDOD CONTROL AND WATER CDNSERVATION DISTRICT ESTABLISH CRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND VWER CONSERVATION DISTRICT DRAINAGE AREA 57 The Board of Supervisors of Contra Costa County as the governing body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION I. DRAINAGE PIAN. The drainage plan and map entitled "Drainage Area 57, Boundary Map and Drainage Plan", dated June, 1987, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 57 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code) . SECTION II. FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact" on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. ORDINANCE NO. 88/ Page 1 of 4 SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PE 4M. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within, the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $300 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including but not limited to driveways, walks, patios etc., the amount of net increase in impervious surface shall be subject to a fee of $0.35 per square foot, but not to exceed the amount required under Section VII. SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condaminium,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCEEMIE Building Permit Subdivision Commercial/Industrial/Downtown Office $14,390/acre. $ 15,460/acr'e Office (Medium) : 12,335/acre 13,785/acre Office (Light) : 10,320/acre 11,635/acre Multifamily Residential (Including Mobile Home Parks) : Iess than 2,500 sq. ft. of land per unit 11,340/acre 11,340/acre 2,500 to 2,999 !' " 670/unit 670/unit 3,000 to 3,999 " of 770 770 " 4,000 to 4,999 to it 895 " 895 " 5,000 to 5,999 " if 1,025 " 1,025 " 6,000 to 6,999 " of 1,150 " 1,150 " 7,000 to 7,999 " If 1,275 " 1,275 " 8,000 + " " 1,335 " 1,335 " Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 940/unit $ 1 510/unit 5,000 to 5,999 it to 985 " 1,570 " 6,000 to 6,999 " of 1,025 " 1,635 " 7,000 to 7,999 " " 1,070 " 1,700 " 8,000 to 9,999 to " 1,130 " 1,790 " 10,000 to 13,999 " " 1,255 1,970 " ORDINANCE NO. 88/ Page 2 of 4 14,000 to 19,999 " " 1,465 " 2,270 " 20,000 to 29,999 " " 1,815 " 2,720 " 30,000 to 39,999 " " 2,250 " 3,250 " 40,000 + " " 2,700 " 3,840 " Agricultural. Under 10% of lot impervious Exempt More than 10% of lot impervious 13,720/acre of developed portion on single family lots, barns and sheds in excess of 400 square feet and tennis arra sports courts shall not be considered as incidental residential facilities included in the.above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be: (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer,_ other.__.___._ consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be paid into the County IteasuYy to the account of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any bonded indebtedness of the drainage area. SECTION 'IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been partially paid under a former ordinance, fees shall not be required for any part of the total area for which the fee was paid. b) Where drainage fees have been paid other than pxr cant to an adopted drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the development site. c) Where drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the.,additional payment. ORDINANCE NO. 88/ Page 3 of 4 SECTION X. EFFECPIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Martinez News Gazette, a newspaper published in this county. PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSERr: Chair of the Board ATTEST: PHIL BATCHEIDR, Clerk of the Board of Supervisors and County Administrator By Deputy SC:sj UK:DA570rd.t6 ORDDMCE NO. 88/ Page 4 of 4