HomeMy WebLinkAboutMINUTES - 08111992 - H.3 H.3
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 ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) NO. 92/558
4 San Pablo Creek Drainage ) (Code of Civ. Proc.
Area 73 North Richmond Area. ) §1245 . 230 )
5 )
6 The Board of Supervisors of Contra Costa County,
7 California as ex-officio governing body of the Contra Costa
8 County Flood Control and Water Conservation District by vote of
9 two-thirds or more of its .members, RESOLVES that:
10 Pursuant to West's Water Code, Appendix § 63-5 and
11 Deering' s Water Code, Uncodified Acts, Acts 1656, § 5, Contra
12 Costa County Flood Control and Water Conservation District
13 intends to construct a channel improvements project, a public
14 improvement for flood control purposes, and in connection
15 therewith, acquire interests in certain real property.
16 The property to be acquired consists of fourteen
17 parcels and is ,generally located in the San Pablo/North Richmond
18 area. The said property is more particularly described in
19 Appendix "A" , attached hereto and incorporated herein by
20 reference. Some of the property sought to be acquired is
21 appropriated to a public use; the proposed use is a more
22 necessary public use than the public use to which the property is
23 now appropriated (C.C.P. §610 ) or a compatible public use (C.C.P.
24 § 1240 . 510) .
25 On July 22, 1992, notice of the District' s intention to
26 adopt a resolution of necessity for the acquisition by eminent
27 domain of the property described in Appendix "A" was sent to
28 persons whose names appear on the last equalized County Assess-
1
RESOLUTION NO. 92/558
1 ment Roll as the owners of said property. The notice specified
2 Tuesday, August 11, 1992, at 11 : 00 a.m. , in the Board of
3 Supervisors Chambers in the Administration Building, 651 Pine
4 Street, Martinez, California, as the time and place for the
5 hearing thereon.
6 The hearing was held at that time and place, and all
7 interested parties were given an opportunity to be heard and
8 based upon the evidence presented to it, this Board finds,
9 determines and hereby declares the following:
10 1 . The public interest and necessity require the
11 proposed project; and
12 2 . The proposed project is planned and located in the
13 manner which will be most compatible with the greatest public
14 good and the least private injury; and
15 3. The property described herein is necessary for the
16 proposed project; and
17 4 . The offer required by section 7267 . 2 of the
18 Government Code was made to the owner or owners of record.
19 The District' s counsel is hereby AUTHORIZED and
20 EMPOWERED:
21 To acquire in the name of the Contra Costa County Flood
22 Control and Water Conservation District, by condemnation, the
23 titles, easements and rights of way as set forth in Appendix "A" ,
24 in and to said real property or interests therein, in accordance
25 with the provisions of eminent domain in the Code of Civil
26 Procedure and the Constitution of California.
27
28
2
1 To prepare and prosecute in the District's name such
2 proceedings in the proper court as are necessary for such
3 acquisition.
4 To deposit the probable amount of compensation, based
5 on an appraisal, and to apply to said court for an order
6 permitting the District to take possession and use said real
7 property for said public uses and purposes .
8 PASSED and ADOPTED on August 11, 1992, by the following
9 vote:
10 AYES: Supervisors Powers, Schroder, Torlakson and McPeak
11 NOES: None
12 ABSENT: Supervisor Fanden
13 ABSTAIN: None
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 and regularly introduced, passed and adopted by the vote of two-
16 thirds or more of the Board of Supervisors of the Contra Costa
17 County, California, at a meeting of said Board on the date
18 indicated.
19 Dated: August ll, 1992
20 Phil Batchelor, Clerk of the
Board of Supervisors and
21 County Administrator
22
2 3 By� -�� Deputy ,
24 cc: Public Works Department
Real Property Division
25 Auditor-Controller
County Counsel (certified copy) .
26 County Administrator
2 7 dfll(2): pleading\drain-73.rn
28
3
SAN PABLO CREEK CONTRACT 3A
S.P.R.R Parcels 1671, 1671TA, 1671TB, & 1698
Flood Conrol Drawings ED 805.1 and 806.3
APPENDIX "A°
Portions of the 100.00 feet in width Southern Pacific Railroad right-of-way lying within San
Pablo Rancho, Contra Costa County, California, described as follows:
Parcel 1671: Permanent Easement
Commencing at the standard Contra Costa County street monument located on the
centerline of Brookside'Drive at the east line of the Southern Pacific Railroad right-of-way
as shown on the Record of Survey, filed August 16, 1974, in Book 57 of Licensed
Surveyors' Maps at page 43; thence north 8° 14' 45"west 430.10 feet to the west line of
said Southern Pacific Railroad right-of-way; thence along said west line, north 5° 12' 02"
east 74.53 feet,to the Point of Beginning,hereinafter referred to as Point"H"; thence,from
the Point of Beginning, continuing along said west line, north 5° 12' 02" east 72.60 feet,
to a point hereinafter referred to as Point"B'; thence leaving said west line, south 550 00'
04"east 115.24 feet,to the east line of said Southern Pacific Railroad right-of-way; thence,
along said east line, south 5° 12' 02"west 72.60 feet; thence leaving said east line, north
55° 00' 04" west 115.24 feet, to the Point of Beginning.
Containing an area of 7,270 square feet of land, more or less.
Parcel 1671TA: Temporary Construction Easement to expire December 31, 1993.
Beginning at Point "H" described above in Parcel 1671; thence along the west line of
Southern Pacific Railroad right-of-way, south 5' 12' 02" west 20.04 feet; thence leaving
said west line, south 71 09' 57" east 25.70 feet; thence south 68° 39' 24" east 41.98 feet;
thence south 20° 13' 34" east 23.87 feet; thence south 5° 10' 35"west 83.79 feet; thence
south 84' 17'21 east 24.43 feet to the east line of Southern Pacific Railroad right-of-way;
thence along said east line, north 5° 12' 02" east 86.00 feet, more or less; thence leaving
said east line, north 55° 00' 04" west 115.24 feet, to the Point of Beginning.
Containing an area of 3,032 square feet of land, more or less.
Parcel 1671TB: Temporary Construction Easement to expire December 31, 1993.
Beginning at Point "B" described above in Parcel 1671; thence along the west line of
Southern Pacific Railroad right-of-way, north 5* 12' 02" east 13.93 feet; thence leaving
said west line, south 69055'23" east 30.22 feet; thence south 52° 40' 36" east 62.91 feet;
thence south 51 ° 57'29" east 21.00 feet, more or less, to the east line of Southern Pacific
Railroad right-of-way; thence along said east line, south 5* 12' 02" west 18.00 feet, more
or less, thence, leaving said east line, north 55° 00' 04" west 115.24 feet, to the Point of
Beginning.
PAGE 1 OF 8
Containing an area of 2,045 square feet of land, more or less.
Parcel 1698: Floating Access Easement (20 feet wide).
Beginning on the east line of Southern Pacific Railroad right-of-way at the south line of
80 feet in width Parr Boulevard; thence from the Point of Beginning along said Railroad
east line, south 5°12'02" west 231.21 feet, to the north line of above described Parcel
1671; thence along said north line, north 55°00'04" west 23.05 feet, to a line parallel with
and 20.00 feet westerly of the east line of Southern Pacific Railroad right-of-way; thence
along said parallel line, north 5012'02" east 222.81 feet, to the south line of Parr
Boulevard; thence along said south line, south 76006'43" east 20.23 feet, to the Point of
Beginning.
Containing an area of 4,540 square feet of land, more or less.
The location of said floating easement is to follow driveways or access routes on said
Southern Pacific Railroad property between Parr Boulevard and San Pablo Creek Channel
as they may be located or relocated in this area from time to time or by such other route
mutually agreeable between the parties hereto.
In the event grantee determines that said floating easement is no longer necessary for
its purposes then all rights of grantee in and to said floating easement shall thereupon
cease and terminate and title thereto shall revert to and vest in grantor. Grantee shall
execute any quitclaim deed required in this regard. .
Bearings and distances are based on the California Coordinate System Zone III (C.C.S.
27). Multiply given distance by 1.0000641 to obtain ground distances.
LH.Wdrg
c:IX1BITA
August 14, 1992
PAGE 2 OF 8
San Pablo Creek Contract 3A
Curran Parcels 1672, 1672T, & 1697
Flood Control Drawings ED805.1 & 806.3
APPENDIX "A"
Portions of that parcel of land described in the deed to Curran et al recorded April 3, 1991 in
Volume 16497 at page 494, Official Records of Contra Costa County, California, described as
follows:
Parcel 1672: Fee Title.
Commencing at the standard Contra Costa County street monument located on the centerline of
Brookside Drive at the east line of Southern Pacific Railroad right-of-way as shown on the Record
of Survey filed August 16, 1974 in Book 57 of Licensed Surveyors' Maps at page 43; thence north
8014'45" west 430.10 feet to the west line of said Southern Pacific Railroad right-of-way; thence
along said west line, north 5012'02" east 147.13 feet; thence leaving said west line, south 55000'04"
east 115.24 feet, to the east line of Southern Pacific Railroad right-of-way, the Point of Beginning,
hereinafter referred to as Point"C"; thence from the Point of Beginning, south 55000'04" east 105.23
feet, to a curve concave to the northeast having a radius of 72.50 feet; thence along the arc of said
curve southeasterly, easterly, and northeasterly 82.16 feet, through a central angle of 64955'45";
thence north 60°04'11" east 75.91 feet; thence north 68036'07" east 30.35 feet; thence north
6000413" east 114.75 feet, to a curve concave to the southeast having a radius of 253.00 feet;
thence along the arc of said curve, northeasterly and easterly 239.60 feet, more or less, through a
central angle of 54°16'16 , more or less, to the most eastern line of said Curran parcel (16497 .
O. R. 494); thence non-tangent along said eastern line, being also the west line of Atchison Topeka
and Santa Fe Railroad right-of-way, south 13016'32" west 21.50 feet, more or less, to the most
southeastern corner of said Curran parcel (16497 O.R. 494); thence continuing along the boundary
of said Curran parcel (16497 O.R. 494) in a general westerly and southwesterly direction 574 feet,
more or less, to a curve concave to northeast having a radius of 142.50 feet and being concentric
with the previously described curve having a radius of 72.50 feet; thence along the arc of said
curve, having a radius of 142.50 feet, northwesterly 32.33 feet, more or less, through.a central angle
of 13000'00", more or less; thence tangent to said curve, north 55°00'04"west 65.13 feet, to the east
line of Southern Pacific Railroad right-of-way; thence along said east line, north 5°12'02" east 94.59
feet, to the Point of Beginning.
Containing an area of 17,097 square feet of land, more or less.
Parcel 1672T: Temporary Construction Easement to expire December 31, 1993.
Beginning at "Point C" described above in Parcel 1672; thence from the Point of Beginning, south
55°00'04" east 105.23 feet, to a curve concave to the northeast having a radius of 72.50 feet; thence
along the arc of said curve, southeasterly, easterly, and northeasterly 82.16 feet, through a central
angle of 64055'45"; thence north 60°04'11" east 75.91 feet; thence north 68036'07" east 30.35 feet;
thence north 60004'13" east 114.75 feet to a curve concave to the southeast having a radius of
253.00 feet; thence along the arc of said curve, northwesterly and easterly 239.60 feet, more or less,
through a central angle of 54°16'1 T, more or less, to the most eastern line of said Curran parcel
(164970. R. 494); thence non-tangent along said easterly line, being also the west line of Atchison,
PAGE 3 OF 8
Topeka and Santa Fe Railroad right-of-way, north 13*16'32' east 35.40 feet, more or less, to the
south line of 80 feet in width Parr Boulevard; thence along said south line, north 76006'43" west
150.50 feet, more or less; thence leaving said south line, south 77006'08" west 47.00 feet,more or
less; thence south 55'08'26" west 56.95 feet; thence south 38055'56' west 39.66 feet;,thence south
58018'54!1 west 86.04 feet; thence south 68055'59' west 129.72 feet; thence north 82'14'59" west
62.08 feet; thence north 49028'34!' west 18.48 feet; thence north 79024'21" west 38.62 feet; thence
north 27°12'48" west 29.65 feet; thence north 51°57'29"west 9.42 feet, more or less, to the east line
of Southern Pacific Railroad right of way-, thence along said east line, south 5°12'02"west 18.00 feet,
more or less, to the Point of Beginning.
Containing an area of 18,416 square feet of land, more or less.
Parcel 1697: Fee Title (Severance parcel).
Commencing at the standard Contra Costa County street monument located on the centerline of
Brookside Drive at the east line of Southern Pacific Railroad right-of-way as shown on the Record
of Survey filed August 16, 1974 in Book 57 of licensed Surveyors' Maps at page 43; thence north
8014'45" west 430.10 feet to the west line of said Southern Pacific Railroad right-of-way; thence
along said west line, north 5012'02' east 74.53 feet; thence leaving said west line, south 55°00'04"east 115.24 feet, to the east line of said Railroad right-of-way; thence along said east line, south
5012'02' west 8.06 feet, to the Point of Beginning; thence from the Point of Beginning, south
55°00'04!' east 65.13 feet, to a curve concave to the northeast having a radius of 142.50 feet; thence
along the arc of said curve, southeasterly 32.33 feet, more or less, through a central angle of
13000'0011, more or less, to the south line of said Curran parcel (16497 O. R. 494); thence non-
,tangent along said south line, in a general westerly and northwesterly direction 98.00 feet, more or
less, to the east line of Southern Pacific Railroad right-of-way; thence along said east line, north
5012'021 east 8.00 feet., more or less, to the Point of Beginning.
Containing an area of 863 square feet of land, more or less.
Bearings and distances given are based on the California Coordinate System Zone III (C.C.S. 27).
Multiply given distances by 1.0000641 to obtain ground distances.
LH:jlg
c:screek.c3A
8114192
PAGE 4 OF 8
San Pablo Creek Contract 3A
AT&SFRR Parcels 1675, 1675TA, & 1675TB
Flood Control Drawings ED-805.1 & 806.3
APPENDIX "A"
Portions of the 100.00 feet in width Atchison Topeka and Santa Fe Railroad right-of-way
lying within San Pablo Rancho, Contra Costa County, California, described as follows:
Parcel 1675: Permanent Easement
Commencing on the west line of Atchison Topeka and Santa Fe Railroad right-of-way at
the south line of 80 feet in width Parr Boulevard; thence along said Railroad west line,
south 13°16'32" west 91.00 feet,more or less, to the Point of Beginning on a non-tangent
curve concave to the southwest having a radius of 199.00 feet to which a radial bears
north 24°20'29" east; thence from the Point of Beginning, hereinafter referred to as Point
"E", along the arc of said curve, southeasterly 47.87 feet, through a central angle of
13047'00"; thence south 4805931" east 62.50 feet, more or less, to a point, hereinafter
referred to as Point "F", on the east line of said Railroad right-of-way; thence along said
east line, north 13016'32" east 61.01 feet, to a point, hereinafter referred to as Point "G";
thence north 48°59'31"west 35.00 feet, more or less, to a curve concave to the southwest
having a radius of 253.00 feet and being concentric with above described curve having
a radius of 199.00 feet; thence along the arc of said curve having a radius of 253.00 feet,
northwesterly 73.64 feet, more or less, through a central angle of 16040'00", more or less,
to a point, hereinafter referred to as Point "D", on the west line of said Railroad right-of-
way; thence along said west line, south 13016'32" west 55.60 feet, more or less, to the
Point of Beginning.
Containing an area of 5,936 square feet of land, more or less.
Parcel 1675TA: Temporary Construction Easement to expire December 31, 1993.
Beginning at Point "G" described above in Parcel 1675; thence along the boundary of
said Parcel 1675, north 48°59'31"west 35.00 feet, more or less, to a curve having a radius
of 253.00 feet; thence along the arc of said curve, northwesterly 73.64 feet, more or less,
through a central angle of 16040'00", more or less, to said Point "D"; thence leaving the
boundary of Parcel 1675, north 13016'32" east 35.40 feet, more or less, along the west
line of Atchison Topeka and Santa Fe Railroad right-of-way to the south line of 80 feet in
width Parr Boulevard; thence along said south line, south 76006'43" east 77.00 feet, more
or less; thence leaving said south line, south 38°54'35" east 30.00 feet, more or less, to
the east line of Atchison Topeka and Santa Fe Railroad right-of-way; thence along said
east line, south 13°16'32" west 58.00 feet, more or less, to the Point of Beginning.
Containing an area of 5,024 square feet of land, more or less.
Parcel 1675TS: Temporary Construction Easement to expire December 31, 1993.
PAGE 5 OF 8
Beginning at Point T" described above in Parcel 1675; thence from the Point of
Beginning along the boundary of said Parcel 1675, north 48°59'31" west 62.50 feet, more
or less, to a curve having a radius of 199.00 feet; thence along the arc of said curve,
northwesterly 47.87 feet, through a central angle of 13047'00", to said Point "E"; thence
leaving the boundary of Parcel 1675, south 13°16'32"west 22.50 feet, more or less, along
the west line of Atchison Topeka and Santa Fe Railroad right-of-way; thence leaving said
west line, south 6023'52" east 31.84 feet; thence north 85014'15" east 9.12 feet; thence
south 77024'03" east 22.00 feet,. thence south 9027'24" west 28.60 feet; thence south
46059'28" east 42.11 feet, to the east line of said Railroad right-of-way; thence along said
east line, north 13016'32" east 30.50 feet, more or less, to the Point of Beginning.
Containing an area of 1,963 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S.
27). Multiply given distances by 1.0000641 to obtain ground distances.
lH:glo
c:AT&SFRR.Exb
August 17, 1992
PAGE 6 OF 8
M
San Pablo Creek Contract 3A
Millhollin Parcels 1677.1, 1677T.1, 1705, & 1706.1
Flood Control Drawings ED-805.1 & 806.3
APPENDIX "A"
Portions of that parcel of land described in the deed to Norma J. Millhollin recorded
August 4, 1986 in Volume 13038 at page 417, Official Records of Contra Costa County,
California, described as follows:
Parcel 1677.1: Fee Title.
Commencing at an angle point on the southwest line of Lot 2, Subdivision MS 777-89
filed October 17, 1989, in Book 143 of Parcel Maps at page 1; said angle point,
hereinafter referred to as Point "J", bears north 59039'01" west 13.39 feet from the most
southern corner of said Lot 2; thence from Point "J", along said southwest line, north
53059'01" west 21.52 feet, to a point, hereinafter referred to as Point IV; thence leaving
said southwest line, south 41 000'29"west 10.00 feet, more or less, to the north line of said
Millhollin parcel (13038 O.R. 417), the Point of Beginning; thence from the Point of
Beginning, hereinafter referred to as Point "L", south 41°00'29" west 38.17 feet, more or
less, to a point, hereinafter referred to as Point "M", thence north 41010'50" west 41.67
feet; thence south 61°33'52"west 3.00 feet; thence north 28026'08"west 28.00 feet; thence
south 61033'52' west 11.00 feet; thence north 28026'08" west 11.00 feet; thence north
48°59'31"west 6.00 feet, more or less, to the west line of said Millhollin parcel (13038 O.R.
417) being also the east line of Giant Road; thence along said Millhollin west line, north
13016'32" east 36.00 feet, more or less, to the north line of said Millhollin parcel (13038
O.R. 417); thence along said north line, in a general southeasterly direction 107.00 feet,
more or less, to Point "L", the Point of Beginning.
Containing an area of 3,416 square feet of land, more or less.
Parcel 1677T.i: Temporary Construction Easement to expire December 31, 1993.
Beginning at Point "L" described above in Parcel 1677.1; thence along the boundary of
Parcel 1677.1, south 41000'291 west 38.17 feet, more or less, to said Point "M", thence
north 41010'50" west 41.67 feet; thence south 61033'52" west 3.00 feet; thence north
28°26'08"west 28.00 feet; thence south 61°33'52"west 11.00 feet; thence north 28026'08„
west 11.00 feet; thence north 48°59"31" west 6.00 feet, more or less, to the west line of
said Millhollin parcel (13038 O.R. 417), being also the east line of Giant Road; thence
along said east line, south 13°16'32' west 37.00 fest, more or less, to an angle point on
said east line, hereinafter referred to as Point"N"; thence continuing along said east line,
north 76°4328" west 2.00 feet and south 13°16'32" west 27.55 feet; thence leaving said
east line, north 6204458" east 22.00 feet; thence south 75°35'29" east 4292 feet; thence
south 36052'06' east 30.88 feet thence north 41000'3U* east 59.00 feet, more or less, to
the north line of said Millhollin parcel (13038 O.R. 417); thence along said north line,
northwesterly 17.00 feet, more or less, to Point "L", the Point of Beginning.
PAGE 7 OF 8
Containing an area of 3,440 square feet of land, more or less.
Parcel 1706.1: Permanent Access Easement.
Beginning at Point "M" described above in Parcel 1677.1; thence along the boundary of
Parcel 1677.1, north 41°10'50" west 41.67 feet; thence south 61033'52' west 3.00 feet;
thence north 28°26'08" west 28.00 feet; thence south 61033'52" west 11.00 feet; thence
leaving the boundary of Parcel 1677.1, south 28026'08" east 43.16 feet; thence south
45°00'08" east 32.08 feet; thence north 41°00'29" east 15.00 feet to Point "M", the Point
of Beginning.
Containing an area of 1,007 square feet of land, more or less.
Parcel 1705: Floating Access Easement (20 feet wide).
Beginning at Point "N" described above in Parcel 1677T.1; thence along the east line of
Giant Road, north 76043'28" west 2.00 feet and south 13016'32" west 13.55 feet; thence
leaving said east line, north 70001'52" east 36.67 feet, to the southwest line of Parcel
1706.1 described above; thence along said southwest line, north 28026'08" west 20.22
feet, thence leaving said southwest line, south 70°01'52" west 20.58 feet, to the east line
of Giant Road; thence along said east line, south 13°16'32" east 10.36 feet, to Point "N",
the Point of Beginning.
Containing an area of 575 square feet of land, more or less.
The location of said floating easement is to follow driveways or access routes on said
Millhollin parcel (13038 O.R. 417) between Giant Road and above described Parcel
1706.1 as they may be located or relocated in this area from time-to-time or by such
other route mutually agreeable between the parties hereto.
In the event grantee determines that said floating easement is no longer necessary for
its purpose, then all rights of grantee in and to said floating easement shall thereupon
cease and terminate and title thereto shall revert to and invest in grantor. Grantee shall
execute any quitclaim deed required in this regard.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S.
27). Multiply given distances by 1.0000641 to obtain ground distances.
LH:glo
c:spcmil.exb
August 17, 1992
PAGE 8 OF 8