HomeMy WebLinkAboutMINUTES - 09231997 - SD7 SDI
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property for Public ) RESOLUTION OF NECESSITY
Drainage Purposes: Hwy. 4 Willow ) No. 97/505
4 Pass Grade-Pittsburg Area ) (C.C.P. Sec. 1245.230)
5
6 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
7 of its members, RESOLVES THAT:
8 Pursuant to Government Code Section 25350.5 and Streets and Highways Code Section 943,
9 Contra Costa County acquire certain interests in real property for public drainage purposes,a public
10 improvement, constructed in connection with the State Hwy.4 Willow Pass Grade road project.
11 The property to be acquired consists of four (4) parcels and is generally located in the
12 Pittsburg area. The said property is more particularly described in Appendix"A", attached hereto
13 and incorporated herein by this reference.
14 On September 2, 1997,notice of the County's intention to adopt a resolution of necessity for
15 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
16 whose names appear on the last equalized County Assessment Roll as owners of said property. The
17 notice specified Tuesday, September 23, 1997 at 11:00 a.m, in the Board of Supervisors Chambers
18 in the Administration Building, 651 Pine Street,Martinez, California, as the time and place for the
19 hearing thereon.
20 The hearing was held at that time and place, and all interested parties were given an
21 opportunity to be heard. Based upon the evidence presented to it,this Board finds, determines and
22 hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will be most compatible
25 with the greatest public good and the least private injury; and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required by Section 7267.2 of the Government Code was made to the owner
28 or owners of record.
I The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
2 To acquire in the County's name,by condemnation,the titles, easements and rights of way
3 hereinafter described in and to said real property or interest(s) therein, in accordance with the
4 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California: I
5 All parcels are to be acquired as permanent drainage easements.
6 To prepare and prosecute in the County's name such proceedings in the proper court as are
7 necessary for such acquisition;
8 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
9 court for an order permitting the County to take possession and use said real property for said public ,
10 uses and purposes, At the request of the property owner, the County Counsel is directed to delay i
11 the filing of any condemnation action based on this resolution of necessity until after October 23, i
12 1997.
13 PASSED and ADOPTED on September 23, 1997 by the following vote:
14 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
15 NOES: None
16 ABSENT: None
17 ABSTAIN: None
18 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
19 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra
20 Costa County, California, at a meeting of said Board on the dated indicated above.
21 Dated: September 23, 1997
22 Phil Batchelor, Clerk of the Board of I
Supervisors and County Administrator
23
24 ^o '^/
By: `]CI JAl 1
25 Depu
cc: Public Works Department
26 Real Property Division I
Auditor-Controller i
27 County Counsel (Certified Copy)
County Administrator
28 HAGROUMSTAMWEST-RES.WPD i
-2
Appendix "A"
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PARCEL 50857
PARCEL 50857-5 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2 N.,R 1
W.,M.D.B. .M.MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT A POINT ON THE SOUTHERLY-RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO. AND NORTH STATE DEVELOPMENT CO. TO THE COUNTY OF CONTRA
COSTA RECORDED OCTOBER 13,.1993 IN BOOK 19039 AT PAGE 825 OF OFFICIAL COUNTY
RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (50860-1),SAID POINT OF
COMMENCEMENT BEING NORTH 74058'27"WEST 49.13 FEET FROM THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 7405827"WEST 173.55 FEET
IN SAID FINAL ORDER OF CONDEMNATION( 19039 OR 825);THENCE LEAVING SAID
SOUTHERLY LINE SOUTH 8404929"WEST 145.12 FEET TO THE TRUE POINT OF
BEGINNING;THENCE SOUTH 84 4929"WEST 65.60 FEET;THENCE NORTH 05°10'31"WEST
20.00 FEET;THENCE NORTH 84°4929"EAST 78.80 FEET THENCE SOUTH 28014'20"WEST 23.96
FEET TO THE TRUE POINT OF BEGINNING
Page I of 4
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PARCEL 50860
PARCEL 50860-8 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUN'T'Y OF CONTRA
COSTA, STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 15,T.2.N.,Ri.W.,M.D.B.&M.,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY LINE OF THE LANDS OF CULBERTSON AS DESCRIBED IN
THE DEED TO ALVERNAZ,RECORDED ON SEPTEMBER 30, 1923 IN BOOK 457 OF DEEDS AT
PAGE 448,RECORDS OF SAID CONTRA COSTA COUNTY AT ITS INTERSECTION WITH THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 4 AS SHOWN ON THE RIGHT OF WAY
RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
ROUTE 4 IN CONTRA COSTA COUNTY,DATED JULY 1974,AND GRANTED BY GEORGE W.
ANDREWS AS PARCEL TWO BY DEED RECORDED FEBRUARY 9, 1950 IN BOOK 1504 AT
PAGE 230,OFFICIAL RECORDS OF CONTRA COSTA COUNTY;
THENCE ALONG SAID WESTERLY LINE(457 DEEDS 448)SOUTH 01°06'28"WEST 145.17
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO., INC.TO CONTRA COSTA COUNTY,RECORDED ON OCTOBER 13, 1993
IN BOOK 19039, AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY.AND
DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF
CONTRA COSTA,RECORDED MARCH 25, 1994 IN DOC.NO. 94-083512 OF OFFICIAL
RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50862-1
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG SAID RIGHT OF WAY LINE DESCRIBED IN SAID DEED
( 19039 OR 825 AND 94-083512)SOUTH 81°33'27"EAST 77.76 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 06°49'11" WEST 113.00 FEET
TO A POINT ON THE SOUTHERLY LINE OF PARCEL 50860-6 AS DESCRIBED IN SAID ORDER
OF CONDEMNATION( 19039 OR 825);THENCE NORTH 83°10'49" WEST 186.18 FEET ALONG
THE SOUTHERLY LINE OF PARCEL 50860-6 AND PARCEL 50860-3 OF SAID ORDER OF
CONDEMNATION(19039 OR 825)AND,PARCEL 50862-3 IN SAID DEED(94-083512);
THENCE NORTH 01°06'28"EAST 31.42 FEET TO A POINT ON THE SOUTHERLY LINE OF
PARCEL 50860-2 AS DESCRIBED IS SAID ORDER OF CONDEMNATION;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 50860-2 OF SAID ORDER OF
CONDEMNATION NORTH 83°01'39" WEST 94.67 FEET;
THENCE NORTH 4101'39" WEST 111.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF
WAY OF HIGHWAY 4 , AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM
SEECON FINANCIAL AND CONSTRUCTION CO.,INC.TO CONTRA COSTA COUNTY,
RECORDED ON OCTOBER 13, 1993 IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF
CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1, SAID POINT ALSO BEING A
POINT ON A 150.00 FOOT RADIUS CURVE, WHOSE CENTER BEARS SOUTH 18°57'46"EAST;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF SAID 150.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 27024'19" AN ARC
LENGTH OF 71.75 FEET TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 81033'27" EAST 219.73
FEET TO THE TRUE POINT OF BEGINNING.
Page 2 of 4
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PARCEL 50860
PARCEL 50860-9 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15,T.2 N.,R_1
W.,M.D.B.&Ni MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13,1993 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTY RECORDS OF CONTRA COSTA COUNTY
,DESCRIBED AS PARCEL 1(50960-1)SAID POINT OF BEGINNING BEING THE NORTHERLY
TERMINUS OF THAT CERTAIN COURSES DESCRIBED AS NORTH 36029'24"WEST 301.74 FEET
IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825 );THENCE ALONG SAID
SOUTHERLY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825 )
SOUTH 3602924"EAST 24.95 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH
89046155"WEST 142.29 FEET ;THENCE NORTH 0013105"EAST 20.00 FEET;THENCE SOUTH
89046'55"EAST 127.38 FEET TO THE POINT OF BEGINNING
Page 3 of 4
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PARCEL 50860
PARCELS0860-10 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2 N.,R 1
W.,M.D.B.&M.MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13 ,1993 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTY RECORDS OF CONTRA COSTA COUNTY
DESCRIBED AS PARCEL 1 (50860-1),SAID POINT OF BEGINNING BEING NORTH 74°58'27"
WEST.49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS NORTH 74058'27"WEST 173.55 FEET IN SAID FINAL ORDER OF
CONDEMNATION( 19039 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH
84049'29"WEST 145.12 FEET;THENCE NORTH 28014'20"EAST 23.96 FEET;THENCE NORTH
84049'29"EAST 77.56 FEET TO A POINT ON SAID SOUTHERLY LINE AS DESCRIBED IN SAID
FINAL ORDER OF CONDEMNATION( 19039 OR 825 );THENCE ALONG SAID SOUTHERLY
LINE SOUTH 74058'27"EAST 57.92 FEET TO THE POINT OF BEGINNING
Page 4 of 4
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY
The Board of Supervisors, as the governing body of Contra Costa County, intends to
consider the adoption of a Resolution of Necessity for the acquisition by eminent domain
of real property in the Pittsburg area, for drainage purposes in connection with the State
Highway 4 Willow Pass Grade Widening and Lowering, a public improvement, which
property is more particularly described in Appendix "A" attached hereto. The Board will
consider the adoption of the Resolution at 11:00 a.m. and thereafter during its meeting on
Tuesday, September 23, 1997, in the Board's Chambers at 651 Pine Street, Martinez,
California.
Each person whose property is to be acquired and whose name and address appears on
the last equalized County Assessment Roll has the right to appear at such hearing and be
heard on:
1. Whether the public interest and necessity require the project; and
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
4. Whether the offer required by Govt. Code Section 7267.2 was made.
is ael
Public,, orks Director
Date H"I Z
RB:9PP
g:\realprop\97-8\co1 AHy4.wpd
Attachment
cc: Clerk of the Board
Request to Speak Form
( THREE (3) MINUTE LIMIT
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: - L)d xA& 5 X57 (! *hone: b 1 -- -7`71 I
Address: . CO iJ Grp P-.b
1 am spealdng for myself` orerganization: St:L:S,co tJ
(Dame of o�y�nisati0 0
CH
ONE:
1 wish to speak on Agenda Item #`� Oates
My comments will be: general will _.
_ 1 wish to speak on the subject of
1 do not wish to speak but leave these comnnents for the Board
to consider.
q�/ sos
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: September 2, 1997
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: State Highway 4 Willow Pass Grade Widening
and Lowering Project - Drainage Easements
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Pittsburg area in connection with the above-
referenced project, and set September 23, 1997, at 11:00 a.m. as the date and time
affected owners may appear and be heard as to matters specified by law under
C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Proiect - The project will consist of acquiring storm drain easements in
connection with obtaining all rights necessary to transfer title to the State for the
completed State Highway 4 Willow Pass Grade Widening and Lowering project.
The drainage easements are in the proximity of the partial cloverleaf interchange
constructed at Willow Pass Road in the Pittsburg area.
In order to complete the project, it is necessary for the County to exercise its power
of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure,
notice was given to the following persons whose names and addresses appear on
the last equalized County Assessment Roll:
See attached Exhibit "A"
This notice consisted of sending by first-class and certified mail on September 2, 1997, a
Notice of Intention which notified these owners that a hearing is scheduled for September
23, 1997, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be
heard on the matters referred to in the notice.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
It is necessary to acquire drainage easements to provide access and
maintenance to in-place facilities.
B. The proiect is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
The design location of the drainage facilities were planned to accommodate
drainage from the.properties in which the easements are to be acquired.
The drainage facilities are within existing slope easements but were
inadvertently excluded from the original right of way requests.
C. The property sought to be acquired is necessary for, the proiect,
The property rights to be acquired are necessary to maintain the existing
.drainage facilities that were built in accordance with approved plans and
specifications for the project.
D. The offer,of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
The offers were sent to the owners on May 29, 1997.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items (A, B & C) specified in Section II above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under 11 A, B and C
above, adopt a Resolution of Necessity to acquire the required property by
eminent domain and direct the Board Clerk to file a copy of this report.
RB:gpp
g:\realprop\97-8\CO2OaHy4.wpd
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-If approved by the Board, please file a copy of this report in your records.
S. Parker, Caltrans
P. Maxwell, CCTA
B. Faraone, Eng. Svcs.
Exhibit "A"
STATE HIGHWAY 4 WILLOW PASS GRADE
A. West Coast Home Builders Inc.
4021 Port Chicago Highway
Concord, CA 94524
Attn: Jeanne C. Pavao
B. SEECON Financial & Construction Co., Inc.
4021 Port Chicago Highway
P.O. Box 4113
Concord, CA 94524-4113
Attn: Jeanne C. Pavao
•
Appendix "A"
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PARCEL 50857
PARCEL 50857-5 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2 N.,R i
W.,M.D.B.&M.MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT A POINT ON THE SOUTHERLY.RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO. AND NORTH STATE DEVELOPMENT CO. TO THE COUNTY OF CONTRA
COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039 AT PAGE 825 OF OFFICIAL COUNTY
RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (50860-1 ), SAID POINT OF
COMMENCEMENT BEING NORTH 7405827"WEST 49.13 FEET FROM THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 74058'27"WEST 173.55 FEET
IN SAID FINAL ORDER OF CONDEMNATION( 19039 OR 825);THENCE LEAVING SAID
SOUTHERLY LINE SOUTH 84049'29"WEST 145.12 FEET TO THE TRUE POINT OF
BEGINNING;THENCE SOUTH 84 49'29"WEST 65.60 FEET;THENCE NORTH 05°10'31" WEST
20.00 FEET;THENCE NORTH 84°4929"EAST 78.80 FEET THENCE SOUTH 28'14'20"WEST 23.96
FEET TO THE TRUE POINT OF BEGINNING
CONTAINING+/-1444 SQUARE FEET
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID
DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY
AREAS SHOWN BY 1.0001312 TO OBTAIN TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM OF 1983,ZONE III.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME,OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE
SLOOTEN z ,
#S53472
r SEAL ' 1
DATE :
.\ J
04-CC-4
PM 18.4/19
PARCEL 50860
PARCEL 50860-8 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 15,T.2.N.,R 1.W.,M.D.B.&M.,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY LINE OF THE LANDS OF CULBERTSON AS DESCRIBED IN
THE DEED TO ALVERNAZ,RECORDED ON SEPTEMBER 30, 1923 IN BOOK 457 OF DEEDS AT
PAGE 448,RECORDS OF SAID CONTRA COSTA COUNTY AT ITS INTERSECTION WITH THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 4 AS SHOWN ON THE RIGHT OF WAY
RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
ROUTE 4 IN CONTRA COSTA COUNTY,DATED JULY 1974,AND GRANTED BY GEORGE W.
ANDREWS AS PARCEL TWO BY DEED RECORDED FEBRUARY 9, 1950 IN BOOK 1504 AT
PAGE 230,OFFICIAL RECORDS OF CONTRA COSTA COUNTY;
THENCE ALONG SAID WESTERLY LINE(457 DEEDS 448)SOUTH 01°06'28"WEST 145.17
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.,INC.TO CONTRA COSTA COUNTY,RECORDED ON OCTOBER 13, 1993
IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND
DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF
CONTRA COSTA,RECORDED MARCH 25, 1994 IN DOC.NO. 94-083512 OF OFFICIAL
RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50862-1
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG SAID RIGHT OF WAY LINE DESCRIBED IN SAID DEED
( 19039 OR 825 AND 94-083512) SOUTH 81°33'27"EAST 77.76 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 06049'11"WEST 113.00 FEET
TO A POINT ON THE SOUTHERLY LINE OF PARCEL 50860-6 AS DESCRIBED IN SAID ORDER
OF CONDEMNATION( 19039 OR 825);THENCE NORTH 83010'49"WEST 186.18 FEET ALONG
THE SOUTHERLY LINE OF PARCEL 50860-6 AND PARCEL 50860-3 OF SAID ORDER OF
CONDEMNATION(19039 OR 825)AND,PARCEL 50862-3 IN SAID DEED(94-083512),
THENCE NORTH 01006'28"EAST 31.42 FEET TO A POINT ON THE SOUTHERLY LINE OF
PARCEL 50860-2 AS DESCRIBED IS SAID ORDER OF CONDEMNATION;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 50860-2 OF SAID ORDER OF
CONDEMNATION NORTH 83°01'39" WEST 94.67 FEET;
THENCE NORTH 41°01'39"WEST 111.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF
WAY OF HIGHWAY 4, AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM
SEECON FINANCIAL AND CONSTRUCTION CO.,INC.TO CONTRA COSTA COUNTY,
RECORDED ON OCTOBER 13, 1993 IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF
CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1, SAID POINT ALSO BEING A
POINT ON A 150.00 FOOT RADIUS CURVE,WHOSE CENTER BEARS SOUTH 18157'46"EAST;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF SAID 150.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 27°24'19" AN ARC
LENGTH OF 71.75 FEET TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 81033'27"EAST 219.73
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING+/- 34238 SQUARE FEET
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID
DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY
AREAS SHOWN BY 1.0001312 TO OBTAIN TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM OF 1983,ZONE III.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME,OR UNDER MY
DIRECTION,IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE :
D C. SLOOTEN
LS 5342 ✓:SEAL i`°
DATE : S -
Y ('I
. • w w
04-CC-4
PM 18/18.7
PARCEL 50860
PARCEL 50860-9 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUN'T'Y OF CONTRA COSTA, STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15,T.2 N.,R.1
W.,M.D.B.&M.MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13 ,1993 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTYRECORDS OF CONTRA COSTA COUNTY
,DESCRIBED AS PARCEL 1 (50860-1)SAID POINT OF BEGINNING BEING THE NORTHERLY
TERMINUS OF THAT CERTAIN COURSES DESCRIBED AS NORTH 36029'24"WEST 301.74 FEET
IN SAID FINAL ORDER OF CONDEMNATION( 19039 OR 825 );THENCE ALONG SAID
SOUTHERLY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825 )
SOUTH 36029'24"EAST 24.95 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH
89046'55" WEST 142.29 FEET;THENCE NORTH 0°13'05"EAST 20.00 FEET;THENCE SOUTH
8904655"EAST 127.38 FEET TO THE POINT OF BEGINNING
CONTAINING+/-2697 SQUARE FEET
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID
DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY
AREAS SHOWN BY 1.0001312 TO OBTAIN TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM OF 1983,ZONE III.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME,OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE : ------_
flRK . SLOOTEN
LS 5342 d SEAL
DATE :
04-CC-4
PM 18/18.7
PARCEL 50860
PARCEL 50860-10 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2 N.,R 1
W.,M.D.B.&M.MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13 ,1993 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTY RECORDS OF CONTRA COSTA COUNTY
DESCRIBED AS PARCEL 1 (50860-1 ), SAID POINT OF BEGINNING BEING NORTH 74°58'27"
WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS NORTH 7405827"WEST 173.55 FEET IN SAID FINAL ORDER OF
CONDEMNATION( 19039 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH
84049'29"WEST 145.12 FEET;THENCE NORTH 28°14'20"EAST 23.96 FEET;THENCE NORTH
84049'29"EAST 77.56 FEET TO A POINT ON SAID SOUTHERLY LINE AS DESCRIBED IN SAID
FINAL ORDER OF CONDEMNATION( 19039 OR 825 );THENCE ALONG SAID SOUTHERLY
LINE SOUTH 7405827"EAST 57.92 FEET TO THE POINT OF BEGINNING
CONTAINING+/-2226 SQUARE FEET
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID
DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY
AREAS SHOWN BY 1.0001312 TO OBTAIN TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM OF 1983,ZONE III.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME,OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE : -
C. SLOOTEN
LS 5342
SEAL I1,� ;
DATE : �� -( 7zj
4
Q 6TS
c4s
4021 Pori Chicago Highway• P.O. Box 4113
Concord, California 94524-4113
(510) 671-7711
September 22, 1997
FAX: 646-5767 / 335-1913
Chairman Mark DeSaulnier and
Members of the Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA 94553
Re: Notices of Intent to Adopt Resolution of Necessity
(Item No. SD-7, September 23, 1997 Board Agenda)
Dear Chairman DeSaulnier and Members of the Board of Supervisors:
I am writing on behalf of West Coast Home Builders, Inc. and Seecon Financial &
Construction Co., Inc. to formally object to the Board's adoption of the above Resolu-
tions of Necessity to acquire drainage easements over the West Coast and Seecon
properties identified therein. We request that this matter be continued for the reasons
discussed below.
In connection with the construction of the State Highway 4/vVillow Pass Grade Lowering
project, the County, CCTA and CalTrans improperly allowed the Highway 4 drainage
pipes to extend into the West Coast and Seecon properties without first having obtained
permission or easements in which to do so. These pipes actually discharge Highway 4
drainage runoff onto our property.
If these drain pipes are allowed to remain where they are currently situated through
acquisition of easements, this will result in substantial injury to our property because
their location will not allow our property to be graded and drain as proposed in the
approved Tentative Map for the San Marco Planned Development project which was
approved in 1993. Furthermore, we will incur significant cost to correct the existing
drainage pipes including relocating them onto CalTrans property.
We brought this fact to the attention of the County in January 1996. We subsequently
met with County staff, CCTA and CalTrans several times to discuss a means by which
the pipes could be moved to satisfy the needs of Highway 4 as well as eventually
provide for a tie-in of the drainage system for the San Marco project. It was our
understanding that we had reached a mutual agreement as to where the pipes would
be moved and how the drainage system would work.
Chairman Mark DeSaulnier September 22, 1997
Members of the Board of Supervisors Page 2
Re: Notices of Intent to adopt Resolution of Necessity
(Item No. SD-7, September 23, 1997 Board Agenda
It is our position that public interest and necessity may not require the acquisition of the
drainage easements and that the proposed acquisitions will not be most compatible
with the greatest public good and the least private injury. The property sought to be
acquired for the drainage easements is not necessary for the Highway 4 widening
project as there are satisfactory alternatives available that which will not damage our
property interests.
We request that this matter be continued to allow County Staff and our companies to
work further towards a satisfactory solution to this matter.
Sincerely,
SEECON FINANCIAL & CONSTRUCTION CO., INC,.
Richard D. Sestero
Project Manager
/bjr
cc: Victor Westman, County Counsel (FAX: 646-1078)
Ronald Babst; CCC Real Property (FAX: 313-2333)
Robert J. Rossi; Seecon Financial & Construction Co., Inc.
smarco\ccc0922