HomeMy WebLinkAboutMINUTES - 08172004 - C24 TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR.
DATE: AUGUST 17,2004 453
SUBJECT: ADOPT Resolution No. 2004/*** CALLING an election for confirmation of the formation of the
Knightsen Town Community Services District, approval of a special tax, and election of the
District's initial governing board. (District III}
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
453
ADOPT Resolution No. 2004/*** CALLING for an election for the confirmation of the formation of the
Knightsen Town Community Services District for the purposes of designing, constructing, operating,
maintaining and servicing flood control and water quality improvements in the Knightsen area.(District III)
II. Fiscal Impact:
The Resolution has no impact on the General Fund. The Resolution provides for the reimbursement of
election costs by the Knightsen Town Community Services District(KTTCSD),pursuant to Elections Code
Section 10520 and. Government Code Section 57150, if the formation of the KTCSD is approved by the
voters. If the formation is not approved,
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
_
APPROVE ETHER
SIGNATURE(S).---14-�."e".-, �*..✓ .._mo w
ACTION OF BO D)ON AUGUST 17, 2004kPPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS DIST. I
xx UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown.
GC:cw
O:\crpnata\l�tdCtnnd kttat,on\Bow�d OrdmMO4 BO AUGUST 17 2004
\Board order far Ynightsm CSD etection.doc ATTESTED:
Orig.Div: Public Works(Flood Control)
Contact: Greg Connaughton(925)313-2271 JOHN SWEETEN,Clerk of the Board of Supervisors and
CAO County Administrator
County Counsel
By ,Deputy
SUBJECT: ADOPT Resolution No. 2004/ii CALLING an election for confirmation of the formation of the
Knightsen Town Community Services District, approval of a special tax, and election of the
District's initial governing board. (District III)
DATE: August 17,2004
PAGE: 2
Stormwater Utility Area 17 will bear the election expenses. The KTCSD will assume all costs and expenses
associated with the design,construction,operation,maintenance and servicing of flood control and water
quality improvements in the KTCSD.
III. Reasons for Recommendations and Backeround:
On September 27,2000,the Contra Costa County Public Warks Department received a grant from the U.S.
EPA for Project SDWA-CALFED-Knightsen Water Quality/Drainage Improvement Project(Assistance ID
No.X-98973501-0)for the improvement of drinking water quality.The grant provided funding to: 1)study
the feasibility of constructing a wetlands biofilter to improve the quality of stormwater and irrigation runoff
from the Town of Knightsen and adjacent agricultural areas;2)estimate the construction cost of the biofilter
and a drainage collection and conveyance system to discharge drainage water to the San Joaquin delta; and
3) assist the community in forming a community services district to pay for the construction and
maintenance of the biofilter and the collection and conveyance facilities.
The Board gave its consent to form the KTCSD on March 3,2003,Resolution No.2003/182. Subsequently,
the Knightsen Town Advisory Council collected a sufficient number of signatures from registered voters
within the proposed district to bring the formation issue to the Contra Costa Local Agency Formation
Commission (LAFCO). Duly noticed public meetings, regarding the KTCSD formation, were held on
January 14, 2004, April 14, 2004, and May 5, 2004, and LAFCO approved formation of the proposed
KTCSD. A protest hearing on the proposed KTCSD formation was conducted by LAFCO on July 14,2004.
LAFCO received no protests and determined that the question of forming the KTCSD could proceed to a
vote.
The Resolution before the Board calls for a mailed ballot election on January 4, 2005, on the question of
confirming the formation of the KTCSD, approval of a special tax, and election of the District's initial
governing board in accordance with the recommendations of LAFCO and pursuant to Government Code
Section 61110(b).
IV. Consequences of Nezative Action:
Failure to adopt the Resolution will terminate the process for formation of the KTCSD.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 2004 by the following vote:
AYES: SUPERVISORS UILKR,iA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: SUPERVISORS JOHN GIOIA
ABSTAIN: NONE RESOLUTION NO. 2004/ 453
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DISTRICTS INITIAL GOVERNING BOARD.
(DISTRICT 111)
WHEREAS, a proposal for the formation of the Knightsen Town Community Services
District ("District") for the purposes of constructing, operating, maintaining, and servicing flood
control and water quality improvements in the Knightsen area was initiated by a registered voter
petition; and
WHEREAS, the territory of the proposed District encompasses approximately 5,131 acres,
located east of the City of Oakley and northeast of the City of Brentwood, as described in Exhibit A
attached to this Resolution, and includes approximately 720 registered voters; and
WHEREAS, the formation includes a proposed special tax of$200 per year for developed
parcels and $100 per year for undeveloped parcels; and
WHEREAS, the Contra Costa Local Agency Formation Commission ("LAFCO") held duly
noticed public hearings on January 14, 2004,April 14, 2004, and May 12, 2004 to consider the proposed
formation of the District. On May 12, 2004, LAFCO adopted Resolution No. 03-13 approving the proposal
with the following terms and conditions: i hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
on the date shown.
GC:cvw AUGUST 17 2004
G:1GrpData\FidCtlb4dministration\Board Ordersl2004 BO ATTESTED: i
\Resolution for Election Knightsen CSD.doc JOHN SWEETEN, Clerk of the Board of Supervisors and
Orig.Dept.: Public Works(Flood Control) County Administrator
Contact Person:Greg Connaughton(925)313-2271
cc: County Administrator
County Counsel By Deputy
Auditor/Controller
PW(Flood Control)
RESOLUTION NO. 2004/_4.-13__
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL.OF A
SPECIAL TAX, AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD.
(DISTRICT III)
DATE: August 17, 2004
PAGE: Page 2 of 2
1) The formation of the Knightsen Town Community Services District is approved subject to
confirmation at an election and subject to the condition of a 2/3 voter approval of a special tax
of$200 per parcel for improved parcels and $100 per parcel for unimproved parcels
(Government Code Section 55886(s));
2) If the formation of the District is approved by majority vote, and if the special tax is approved
by a 2/3 vote, the effective date of the proposed formation will be July 1, 2005, and that will
be the date of recordation with the Contra Costa County Clerk by LAFCO. If either the
formation of the District fails to pass by majority vote or the special parcel tax fails to pass by
a 2/3 vote, the proposed formation will terminate;
3) The boundary of affected territory is amended to delete a +/- 70-acres portion located within
the sphere of influence of the City of Oakley;
4) The sphere of influence for the new District is established to be consistent with the District's
boundaries;
5) The name of the new District will be the Knightsen Town Community Services District;
6) The District will be governed by a five-member board of directors directly elected from
registered voters that have filed candidacy and reside within the boundaries of the
proposed District. The three directors with the highest number of votes shall serve four-
year terms, and the other two will serve two-year terms. Subsequent elections will be
for four-year terms and governed by the Uniform District Election Law. The election for
directors will take place at the same time that registered voters, within the same
boundaries, vote their choice on the proposed District and the aforementioned special
tax.
WHEREAS, in Resolution No. 03-31, LAFCO advised the Board of Supervisors of LAFCO's
approval of the proposed District and requested the Board to direct the Registrar of Voters to conduct
the necessary election; and
WHEREAS, in Resolution No. 03-31, LAFCO designated itself as the conducting authority for
protest proceedings and delegated the authority to the Executive Director and directed him to give
notice and conduct a public hearing on the matter pursuant to Government Code Sections 57025,
57026, and'57051; and
RESOLUTION NO. 2084- 453 2
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DISTRiCT'S INITIAL GOVERNING BOARD.
(DISTRICT 111)
DATE: August 17, 2004
PAGE,: Page 3 of 3
WHEREAS, acting on the delegated authority from LAFCO, the Executive Officer conducted on
July 14, 2004 a properly noticed public hearing to receive protests filed against the proposed formation
and, following conclusion of the hearing, found that fewer than 50 percent of the voters residing within
the proposed District had filed written protests against the proposal; and
WHEREAS, pursuant to Government Code Section 81110, the Executive Officer of LAFCO
has mailed to the Board of Supervisors a copy of LAFCO's Resolution No. 03-13 conditionally
approving the District's formation, and the Board of Supervisors is required to call an election for
the purposes of determining whether the proposed district will be formed and the proposed
special tax levied on real property within the District's boundaries; and
WHEREAS, pursuant to Elections Code Section 10520 and Government Code Section 57150,the
Knightsen Town Community Services District, if approved for formation, is required to reimburse the
County for the election costs incurred in the formation election.
NOW, THEREFORE, THE BOARD RESOLVES THAT:
1. The Board of Supervisors hereby calls a special all mail ballot election for confirmation of the
formation of the Knightsen Town Community Services District, approval of a special tax, and
election of the District's first board of directors, which election shall be held on January 4,
2005 and conducted pursuant to Elections Code Section 4000.
2. Pursuant to Government Code Section 81118(c), the formation election and the proposal for
adoption by the voters of a special tax shall be combined and presented to the voters as a
single ballot proposition.
3. The ballot measure, to be submitted to all registered voters within the area described in Exhibit
A attached to this Resolution, shall be substantially the following:
„Shall the Knightsen Town Community Services District be formed upon an affirmative
vote by two-thirds of the voters and become effective July 1, 2005 and include the
territory shown in Exhibit A of the Board of Supervisors Resolution and be authorized to
levy up to a $200 annual tax for developed parcels and up to a $100 annual tax for
undeveloped parcels for the purpose of constructing, operating, maintaining, and
servicing flood control and water quality improvements?"
RESOLUTION NO. 2004- 453 3
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DllmICT°S INITIAL GOVERNING BOARD.
(DISTRICT 111)
DATE: August 17, 2004
PAGE: Page 4 of 4
4. The County Clerk (Elections Department) shall conduct the election pursuant to Government
Code Sections 61110-61119.
5. The County Clerk(Elections Department) and the Clerk of the Board are authorized and directed
to take all actions necessary or appropriate to implement this Resolution, including:
a. Publishing, posting, and mailing in a timely manner the notices of election required by
Government Code Sections 61110(c), 61113(x), 61115, 57130, 57131, and 57146; and
b. Determining and fixing reasonable dates prior to the election for arguments to be
submitted in accordance with Government Code Sections 61113 and 57146;
c. Providing notice of the date for submission of arguments and rebuttal arguments in
accordance with Government Code Section 61113, 57146, and 57147;
d. Receiving and selecting arguments and rebuttal arguments on the question(s) submitted
to the voters in accordance with Government Code Sections 61113, 57145, and 57147;
e. Conducting the election for members of the governing board of the new District in
accordance with Government Code Sections 61116(x), 61200, and 57139;
f. Having forms available for declarations of candidacy for District director offices in a timely
manner at least 113 days prior to the January 4, 2005 mailed ballot election;
g. Assembling, printing, and mailing the ballot pamphlet in accordance with Government
Code Section 61114 and 57148; and
h. Conducting and reporting the canvas of the ballots cast in accordance with Government
Code Section 57149.
6. The proposed District shall not be formed and the special tax shall not take effect unless the
proposition is approved by two-thirds of the voters voting upon the proposition. If less than two-
thirds of the votes cast at the election is in favor of forming the district, the Board of
Supervisors shall declare the formation proceedings terminated.
RESOLUTION NO. 2004- 453 4
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD.
(DISTRICT 111)
DATE: August 17, 2004
PAGE: Page 5 of 5
7. Pursuant to Government Code Section 51112, within five days of the adoption of this Resolution,
the Clerk of the Board shall transmit by registered mail written notification of the election call or a
certified copy of this Resolution to the Executive Officer of LAFCO.
8. Pursuant to Elections Code Section 10520 and Government Code Section 57150,the Knightsen Town
Community Services District, if approved for formation, shall reimburse the County for the election
costs incurred in the formation election.
RESOLUTION NO. 2004- 453 5
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EXHIBIT R
Boundary Description LAFCO 03-13
Knightsen Community Services District
K�NIGHTSEN CONEVIUNITY SERVICES DISTRICT
An unincorporated northeastern portion of Contra Costa County, California, being all of Sections
4 and 5, and portions of Sections 2, 3, 8, 9 and 10 of Township 1 North, Range 3 East (T 1N, R3E),
Mount Diablo Meridian, and all of Section 32, and portions of Sections 28, 29, 33, and 34 of
Township 2 North, Range 3 East(T2N, R3E),Mount Diablo Meridian, described as follows:
Cornmencing at the west one-quarter corner of Section 29, Township 2 North, Range 3 East,
Mount Diablo Meridian, being also the centerline intersection of Sellers Avenue and Cypress
Road; thence along the north line of the south half of Section 29, east 2,640 feet more or less, to
the centerline intersection of Cypress Road and Knightsen Avenue; thence along the centerline of
Knightsen Ave., south 30 feet to the southerly right of way line of Cypress Road and the Point of
Beginning; thence from. said Point of Beginning, along said right of way line, east 2,640 feet more
or less, to the west line of Section 28 (T2N, R3E); thence continuing along said southerly right of
way line, east 180 feet, more or less, to its' intersection with the northeast right of way line of tie
Contra Costa Canal; thence along said northeast line, south 44° 35' east 3,670 feet, more or less,to
a point on the south line of said Section 28, distant thereon 2,458.9 feet from the southeast corner
of Section 28;thence continuing along the northeast line of said Contra Costa Canal, south 44° 35'
east 3,670 feet, more or less, to a point in Rock Slough on the north line of the south half of
Section 34 (T2N, R3E); thence north 89° 54' 15" east, 1,142.2 feet, more or less, to the northeast
comer of the northwest quarter of the southwest quarter of said Section 34, being also the
northwest corner of Baldocchi & Baldocchi property shown of the Record of Survey filed May 19,
1942 in Book 8 of Licensed Surveyors Maps at page 26; thence along the boundary of said
Baldocchi property(as shown on said map) the following 4 courses: 1) along the east line of said
quarter quarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the southwest quarter of said
Section 34; 2) north 89° 57' east 2,632.5 feet to the center of the southeast quarter of said Section
34; 3) south 0° 01' west 2,544.6 feet to the center of the northeast quarter of Section 3, Township
1 North, Range 3 East; 4) north 89° 50' 30" east 2,033.8 feet to the southeast corner of said
property; thence leaving the boundary of said property, south 0° 51 east 3,960 feet, to a point on
the south line of Section 2 (TIN, R3E), distant thereon 767.4 feet from the southwest corner of
said Section; thence along the south line of Sections 2 and 3 (TIN, R3E), westerly 2,090 feet, to
the west line of the northeast quarter of the northeast quarter of Section 10 (TIN, R3E); thence
along said west line and its' southerly prolongation, south 1' 03' 47" west 4,171.2 feet to the
northeast right of way line of the Burlington, Northern and Santa Fe railroad; thence along said
railroad right of way line the following 3 courses: 1) south 47° 01' 43" east 809.88 feet to a curve
concave to the northeast having a radius of 3,817.45 feet; 2) along the are of said curve,
southeasterly 149.8 feet, through a central .angle of 2° 14' 54", to a point of compound curvature
with a tangent curve concave to the northeast having a radius of 1,909.9 feet; 3) along the arc of
said curve, southeasterly 740 feet, more or less, to the east line of said Section 10; thence along
said east line, crossing said railroad, south 01' 03' 47" west, 160 feet, more or less, to the
southeast conger of said Section 10; thence along the south line of Section 10, west 5,280 feet,
more or less,to the southeast corner of Section 9 (TIN, R3E); thence along the south line of said
1
Boundary Description LAFCO 03-13
Knightsen Community Services District
Section 9, west 2,940 feet, more or less, to an angle point on the north right of way line of the East
Bay Municipal Utility District Mokelumne Aqueduct, described in the deed recorded ?November
12, 1925 in Volume 17 of Official Records at page 63 and shown on the map of Subdivision MS
13-94 filed April 25, 1996 in Parcel Map Book 169 at page 1; thence along said north right of way
line, north 69° 28' 23" west (shown as N 68° 34' 31" W on said map) 2,575 feet, more or less,to
the west line of Section 9; thence continuing along said Mokelunme Aqueduct right of way line,
north 64° 48' 13" west 5800 feet, more or less, to the easterly right of way line of Sellers Avenue;
thence along said easterly right of way line north 13,418 feet, more or less, to the northwest corner
of the parcel of land designated "L. Donato 4.89 acs net" as shown on the Record of Survey filed
April 20, 1970 in Book 52 of Licensed Surveyors maps at page 44; thence along the northerly line
of said parcel south 89° 51' 45" east 1,291.50 feet to the northeasterly corner of said parcel; then
north 1,140 feet, more or less, to the northwest comer of Parcel A as shown on the map of
Subdivision MS 150-78 filed in Parcel Map Book 76 at page 7; thence along the north line of said
Parcel A., east 669.24 feet; thence along the east line of Parcels A and B of said map, and their
southerly prolongation, south 694 feet; thence east, 650 feet more or less to the centerline of
Knightsen Ave; thence along said centerline, north, 1,320 feet to the Point of Beginiing.
Containing an area of 5,131 acres, more or less.
This real property description has been prepared by me or under my direction, in conformance
with the Professional Land Surveyors.Act.
D '
Signature
James A. Stein,PLS 6571 exp.9/30
Associate County Surveyor LS,6571
Contra Costa County Public Works Department
OF C
Date:
Ap r d as to form and survey content.
zww -�-- -
C. ' �, � Rene Zwernmer PLS 5999
-� ' Deputy County Surveyor
Exp. 12"31- License Expiration Date. 12/31/2004
Nor 5999
Date:
C
Ci'GrpL}ata` esigtlsURV�YS\Knights Cnx ununir;Se-mices District.doc
RZs August 4,2004
2
PROOF OF PUBLICATION •
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
August 23
all in the year of 2004
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 2,� day of August, 2004
3 Z q
Signatur4 I
Contra Cksta Times
P O Box 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
CONTRA COSTA COUNTY
PUBLIC WORKS
OWARTM]INT
255 Glade,Drive
Martinez,CA 94553
NOTICE OF AN ELECTION TO
CONFIRM THE FORMATION
OF THE i(NIGHTSEN TOWN
COMMUNITY SERVICES
DISTRICT
NOTICE IS HEREBY GIVEN
that the Board of Supervi-
sors of Contra Costa County
adopted a Resolution on Au-
gust 17,2004 calling a spe-
cial all ma!i ballot election
for confirmation of the for-
mation of the Knightsen
Town Community Services
District,approval of a spe-
cial tax,and election of the
District's first board of di-
rectors, which election
shall be held on January 4,
2005. The Knightsen Town
Community Services Dis-
trict Is proposed for the pur-
pose of constructing,oper-
ating,maintaining and serv-
icing flood control and wa-
ter quail#Yy,improvements in
the Knltsen area. The
boundaries of the
Knightsen Town Communi-
ty Services District are de-
scribed as follows:
Commencing at the west
one-quarter corner of Sec-
tion 29,Township 2 North,
Range 3 East,Mount Diablo
Meridian, being also the
centerline intersection of
Sellers Avenue and Cypress
Road; thence along the
north fine of the south half
of Section 29,east 2,640 feet
more or less, to the
centerline intersection of
Cypress Road and
Knightsen Avenue; thence
along the centerline of
Knightsen Ave.. south 30
feet to the southerly right
of way line of Cypress Read
and the Point of Beginning;
thence from said Point of
Beginning,along said right
of way line,east 2,640 feet
more or less, to the west
line of Section 28 (T2N,
R3E); thence continuing
along said southerly right
of way fine, east 180 feet,
more or less,to its'intersec-
tion with the northeast
right of way line of the Con-
tra Costa Canal; thence
along said northeast line,
south 44°35'east 3,570 feet,
more or less,to a point on
the south line of said Sec-
tion 28, distant thereon
2,458.9 feet from the south-
east corner of Section 28;
thence continuing along the
northeast line of said Con-
tra Costa Canal, south 44-
35'east 3,670 feet,more or
less, to a paint in Rock
Slough on the north Hne of
the south half of Section 34
(T2N,R3E);thence north 89°
S4' 15" east, 1,142.2 feet,
more or less,to the north-
east corner of the north-
west quarter of the south-
west quarter of said Sec-
tion 34,being also the north-
west corner of Baldocchl&
Baldocchi property shown
of the Record of Survey
filed May 19,1942 in Book 8
of Licensed.Surveyors Maps
at page 26; thence along
the boundary of said
Baldocchl property (as
shown on said map)the fo!-
lowing 4 courses: 1)along
.
the east line of said quarter
quarter, south 0' 26' 30"
west,1,315.1 feet,to the cen-
ter of the southwest quar-
ter of said Section 34; 2)
north 89' S7' east 2,6325
feet to the center of the
southeast quarter of said
Section 34; 3)south 0'01,
west 2,544.6 feet to the cen-
ter of the northeast quarter
of Section 3, Township 1
North, Range 3 East; 4)
north 89' 50` 30" east
2,033.8 feet to the southeast
corner of said property;
thence leaving the boun-
dary of said property,south
0'51 east 3,960 feet, to a
point on the south tine of
Section 2(TIN,R3E),distant
thereon 787.4 feet from the
southwest corner of said
Section; thence along the
south line of Sections 2 and
3(TIN,R3.E),westerly 2,090
feet,to the west tine of the
northeast quarter of the
northeast quarter of Sec-
tion 10 (TIN. RM; thence
a#ang said west line and its'
southerly prolongation,
south 1'03'47"west 4,171.2
feet to the northeast right
of way line of the Burling-
ton,Northern and Santa Fe
railroad;thence along said
railroad right of way line
the following 3 courses: 1)
south 47'01'43"east 809.88
feet to a curve concave to
the northeast having a radi-
us of 3,817.45 feet; 2)along
the arc of said curve,south-
easterly 149.8 feet,through
a central angle of 2'14'54",
to a point of compound cur-
vature with a tangent curve
concave to the northeast
having a radius of 1,909.9
feet; 3) along the arc of
said curve, southeasterly
740 feet, more or less, to
the east line of said Section
10; thence along said east
line,crossing said railroad,
south 01'03 47"west,150
feet, more or less, to the
southeast corner of said
Section 10;thence along the
south fire of Section 10,
west 5,280 feet, more or
less, to the southeast cor-
ner of Section 9(TIN,RM;
thence along the south line
of said Section 9,west 2,900
feet,more or less,to an an-
gle point on the north right
of way line of the East Bay
Municipal utility District
Mekelumne Aqueduct, de-
scribed in the deed record-
ed November 12,1925 in Vol-
ume 17 of Official Records
at page 63 and shown on
the map of Subdivision MS
13-94 flied April 25, 1996 in
Parcel Map Book 169 at
page 1; thence along said
north right of way line,
north 69' 28' 23" west
(shown as N 68'34'31"W
on said map) 2,575 feet,
more or less, to the west
line of Section 9;thence con-
tinuing along said
Mokelunme Aqueduct right
of way line, north 64' 48'
13"west 5800 feet,more or
less,to the easterly right of
way line of Sellers Avenue;
thence along said easterly
right of way fine north
13,428 feet,more or less,to
the northwest corner of the
parcel of land designated
L.Donato 4.89 acs net"as
shown on the Record of Sur-
vey filed April 20, 1970 In
Book 52 of Licensed Survey-
ors maps at page 44;thence
along the northerly line of
said parcel south 89°51'45"
east 1,291.50 feet to the
northeasterly corner of said
parcel; then north 1,100
feet, more or less, to the
northwest corner of Parcel
A as shown on the m offil
Subdivision MS 150-78 ed
In Parcel Map Book 76 at
page 7; thence along the
north line of said Parcel A,
east 669.24 feet; thence
along the east line of Par-
cels A and 8 of said map,
and their southerly prolon-
gation, south 694 feet;
thence east,650 feet more
or less to the centerilne of
Knightsen Ave; thence
along said centerline,north,
1,320 feet to the Point of
Beginning.
1 hereby certify that this is a
true and correct copy of an
action taken and entered
on the minutes of the Board
of Supervisors on
the date shown.
ATTESTED:
AUGUST 1?,2004
JOHN SWEETEN,Clerk of the
Board of Supervisors and
County Administrator.
BY:
AMY L.SHARP
PUBMATION DATE($):
AUGUST 23,2004
Le al CCT 0879
Publish August 23,2004