HomeMy WebLinkAboutMINUTES - 02121985 - T.1 t •
1 THE BOARD OF SUPERVISORS , CONTRA COSTA COUNTY, CALIFORNIA,
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
2 FLOOD CON'T'ROL AND WATER CONSERVATION DISTRICT
3 -
Re : Condemnation of Property )
4 for Flood Control Purposes , ) RESOLUTION OF NECESSITY
San Ramon Creek, U.S. Army ) NO. 85 /77
5 Corps of Engineers Project , )
Walnut Creek Area ) (C.C.P. Sec. 1245. 230)
6 Project No. 7520-6B8636 )
Flood Control Zone 3B )
7 )
----------------------------------
8 The Board of Supervisors , as ex officio The Board of
9 Supervisors of the Contra Costa County Flood Control & Water
10 Conservation District , by vote of two-thirds or more of its
11 members , RESOLVES that :
12 Pursuant to West ' s Water Code-Appendix Sec. 63-5 and Deering '
13 Water-Uncodified Acts 1656 , Sec. 5 , the Contra Costa County Flood
14 Control & Water Conservation District intends to construct a flood
15 control channel , a public improvement , and , in connection
16 therewith , acquire interests in certain real property.
17 The property to be acquired is generally located in the Walnut
18 Creek area between Mt . Diablo Blvd. and Newell Avenue and consists
19 of a strip of land approximately 100 feet in width . The said pro
20 perty is more particularly described in Appendix "A-1"9 attached
21 hereto and incorporated herein by this reference.
22 On January 22 , 1985 , this Board passed a resolution of inten-
23 tion to adopt a resolution of necessity for the acquisition by
24 eminent domain of the property described in Appendix "A-1"
25 (Resolution No. 85 /36) and fixing .10 : 30 a.m. , February 12,, 1985,
26 in its' Chambers in the Administration Building, 651 Pine Street ,
27 Martinez, California, as the time and place for the hearing
28 thereon.
0 �
s`
1 The hearing was held at that time and place , and all
2 interested parties were given an opportunity to be heard and based
3 upon the evidence presented to it , this Board finds , determines
4 and hereby declares the following :
5 1. The public interest and necessity require the proposed
6 project ;
7 2. The proposed project is planned and located in the manner
8 which will be most compatible with the greatest public good and
9 the least private injury ;
10 3. The property described herein is necessary for the pro-
11 posed project ; and
12 4. The offer required by Section 7267. 2 of the Government
13 Code was made to the owner or owners of record.
14 The County Counsel of this County, and any special counsel
15 associated by him, are hereby AUTHORIZED AND EMPOWERED:
16 To acquire in the District ' s name , by condemnation , fee title
17 in and to said real property or interests therein , in accordance
18 with the provisions for eminent domain in the Code of CiviA
19 Procedure and the Constitution of California :
20 To prepare and prosecute in the District ' s name such pro-
21 ceedings in the proper court as are necessary for such aequisi -
22 tion ; and
23 To deposit the probable amount of compensation, based on an
24 appraisal , and to apply to said court for an order permitting the
25 District to take immediate possession and use said real property
26 for said public uses and purposes .
27
28 -2-
RESOLUTION NO. 85-77
1 PASSED and ADOPTED on February 129 19859 by the following
2 vote :
3 AYES : Supervisors Powers, Schroder, Torlakson and Fanden
4 NOES: None
5 ABSENT: Supervisor McPeak
6 I HEREBY CERTIFY that the foregoing resolution was duly and
7 regularly introduced, passed and adopted by the vote of two-thirds
8 or more of the Board of Supervisors of Contra Costa County,
9 California , as ex officio the Board of Supervisors of the Contra
10 Costa County Flood Control and Water Conservation District , at a
11 meeting of said Board on the date indicated.
12 Dated : February 12, 1985
13 PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
14 Administrator
15
16 By: I AZ 17 --
Deput
cc : Public Works Department ,
18 Real Property Division
Auditor-Controller
19 County Counsel (Certified Copy)
20
21
22
23
24
25
26
27 -3-
28 RESOLUTION NO. 85-77
s
c
SAN RAMON BY-PASS
Flood Control Zone 3B
APPENDIX "A-1'
Parcel 1300A
A portion of the Rancho San Miguel situated in the County of Contra Costa,
State of California described as follows:
All that certain real property of the Southern Pacific Transportation Company
as the successor to the Southern Pacific Railroad Company being those parcels of
land recorded August 20, 1891 in Book 60 of Deeds, page 276, recorded October 1 ,
1891 in Book 60 of Deeds, page 397, recorded June 10, 1891 in Book 60 of Deeds ,
page 147 and recorded July 18, 1891 in Book 60 of Deeds, at page 207, all Records
of said County, being bounded on the north by a line perpendicular to the center-
line of said real property, and 80.00 feet northerly of the intersection of said
centerline and the centerline of the 52.00 feet in width strip of land described
in the Lis Pendens by Contra Costa County Flood Control and Water Conservation
District vs. Walnut Creek School District of Contra Costa County recorded December .
24, 1969 in Book 6031 at page 163 of Official Records of said County, and on the
south by the northern line of Mt. Diablo Boulevard.
EXCEPTING THEREFROM: The following described parcel ,
Exception Parcel 1
Beginning at the most easterly corner of Lot 10 as said lot is shown on the
map entitled "Tract 2249, The Village" recorded August 11, 1955 in Book 60
of Maps 'at page 20, records of said County; thence leaving said corner, south
690 37' 17" east, 13.00 feet; thence south 200 22' 43" west 71.20 -feet; thence
southerly along the arc of a tangent curve, concave to. the east, having a radius
of 507.00 feet through a central angle of 180 37'. 53", a distance of 164.87- feet .
to a point on the northerly line of Mt. Diablo Boulevard, from which the radial
line of a non-tangent curve concave to the southeast bears south 190 17' 07"
east; thence westerly along the arc of said curve having a radius of 1000.00 feet
trough a central angle of 100 32' 5411, a distance of 184.10 feet to a point on
the northwesterly line of that strip of land described in the deed to the Southern
Pacific Railroad Company as the predecessor to the Southern Pacific Transportation
Company recorded July 18, '1891 in Book 60 of Deeds at page 207, Records of said
County; thence northerly along said line to the point of beginning.
Containing an area of 13,000 square feet,, ( .30 acre) of land more or less.
Parcel 13008
A portion of the Rancho San Miguel , which 1 i es within: the City of Walnut, Creek, ;.
Contra Costa County, California, described as follows:
Commencing at the most northerly.corner of Lot 17 as said lot is shown on the map
entitled "Map of Darrell Heights" filed July 26, 1939 in Book 23 of Maps, at Page
711 records of said County; thence .southerly .along the westerly line of said Lot
17, South 60 39' 23" East: 23.52 feet to a point on the southerly right of way
line of Mount Diablo -Boulevard from which a radial line of a curve concave to the
South having a radius of 916.00 feet bears South 1.10 231 .58" East; thence westerl
along the arc of said curve and right of way l i ne through_a central angle of 4
48' 59", a distance of 77.00 feet to the Point of Beginning; thence from said
Point of Beginning, leaving said Mount Diablo Boulevard right of way line, South
120 00' 00" East 109.00 feet; thence South 250 30' 00" East 52.00 feet; thence
South 130 00' 00" East 84.00 feet; thence South 220 03' 58" East 151 .11 feet to
the westerly line of said Darrell Heights Subdivision (23 M 711); thence along
said westerly line, South 60 39' 23" East 475.00 feet; thence South 00 57' 38"
East 40.97 feet; thence South 80 19' 38" East 158.27 feet to the most southerly
corner of said Darrell Heights Subdivision (23 M 711 ) and the northwesterly
corner of Subdivision 5819 as shown on the map filed February 9, 1981 in Book 249
of Maps at Page 1 ; thence. along the westerly line of said Subdivision 5819,
continuing South 80 19' 38" East 51 .60 feet and South 100 04' 38" East 80.74'
feet to the most westerly corner of said Subdivision 5819 (249 M 1 ) ; thence
along the southerly line of said Subdivision 5819, North 680 59' 37" East 2.91.
feet; thence leaving said line, South 170 42' 24" East 424.25 feet to the northerly
line of the parcel of land described in deed to Newell Hill Center recorded
December 12, 1978 in Book 9140 at Page 96 of Official Records of Contra Costa
County; thence along said northerly line, North 440 42' 47" East 1 .49 feet;
thence leaving said line, South 170 42' 24" East 59.00 feet; thence. South 20 40'
55" East 23.10 feet to the easterly line of that parcel of land described as
.Parcel Two in deed to Southern Pacific Transportation Company recorded June 11 ,
1976 in Book 7899 at Page 208 of Official Records of said County; thence along
said easterly line, South 240 45' 13" East 18.77 feet; thence southerly along the
arc of a tangent curve, concave to the West having a radius of 915.00 feet _
through a central angle of 90 09' 4511, a distance of 146.32 feet to the northerly
line of Newell Avenue; thence along said northerly line, North 770 26' 40" West
.54.54 feet; thence northwesterly along the arc of a tangent curve, concave to the
northeast having a radius of 25.00 feet through a central angle of 580 44' 2911, *a.
distance of 25.63 .feet to a point on the easterly right of way line of South
Broadway from which a radial line of a curve concave to the West having a radius
of 855.00 feet bears South 710 17' 49" West; thence along said right of way line,
northerly along the arc of said curve, through a central. angle of 60 03' 02",. a
distance of 90.29 feet; thence North 240 45' 13" West 138.67 feet to the southerly
line of that parcel of land described as Parcel 1 fn the deed to Southern Pacific
Land Company recorded October 25, 1977 in Book 8562 at Page 70 of Official
Records of Contra Costa County; thence along said southerly. line, North 650 T -
47" East 33.22 feet to the southeasterly corner of -said Parcel 1 (8562 OR 70);
thence northerly 509.98 feet along the easterly line .of said Parcel l . to the
southeasterly corner of Parcel 2 of said Southern Pacific Land Company parcel
(8562 OR 70) ; thence northerly 264.67 feet along said easterly line of Parcel 2
to the most northerly corner of said Parcel 2 (8562 O.R. 70); thence along the
northerly line of said Parcel 2 (8562 O.R. 70) , South 650 14' 47" West 4..75
feet to the westerly line of the parcel of land described as Parcel Two in the . . • .
deed to Southern Pacific Transportation Company recorded September 29, 1972_•n
. Book 6762 at Page 822 of Official Records of Contra Costa County; thence along
said westerly line, North 90 29' 00" West 368.245 feet; thence North 70. 38' 1.610
West 444.489 feet to a point on the .said southerly right-ofway line of Mount
Diablo Boulevard from which a radial line of a curve concave to the South having
a radius of 916.00 feet bears South 200 07' 32" East; ._thence easterly along the
arc of said curve, through a central .angle of 30 54' 35", a :distance of
feet to the Point of Beginning.
Bearings used in the above description area based on the California System
Zone III.
EXCEPTING THEREFROM: The following described parcel ,
Exception Parcel 1301
A portion of Rancho San Miguel , being a portion of that parcel of land described
in the. deed to Newell Hill Center recorded December 12, 1978 in Book 9140 at page
96 of Official Records of Contra Costa County, California, described as follows:
Beginning at the most westerly corner of said Newell Hill Center Parcel (9140
OR 96) thence along the northwesterly- line of said parcel (9140 OR 96).. north ..:.. ,
440 42' 47" .east, 17.00 feet; thence south 170 42.' 24" east, 59.00 feet; thence µ`
south 20 40' 55" east, 23.10 feet to a point on the southwesterly line of said
parcel (9140 OR 96) ; thence along said southwesterly line north 240 45' 13" west,
74.00 feet to the point of beginning.
Containing an area of 765 square feet more or less.
Parcel 1300C
A portion of Rancho San Miguel situated in the :County of Contra Costa, 'State
of California, described as follows:
All that certain real' property of the Southern Pacific Transportation :Company as
successor to the Southern Pacific Railroad Company bounded on the north by the
southerly right of way line of Newell Avenue and on the south by a line bearing
north 570 32' 31" west from a point on the easterly line of said Southern Pacific
Transportation Company real property which bears north 40 09' 00" west 120.00
feet along. said easterly line from the 'southwesterly corner of Parcel "A". as said
parcel is shown on the map entitled "M S. 805-81" filed May 23, 1984 in Book 110
of Parcel Maps at page 24 , Records of said County, said real property being
Parcel One as described in the deed to Southern Pacific. Transportation Company
recorded June 11, 1976 in Book 7899 at page 208, of Official Records, the ,parcel'
of land described in the deed to Southern Pacific Railroad Company recorded June
10, 1891 in Book 60 of Deeds at page 137, the parcel of land described i'n the -
deed to Southern Pacific Railroad Company, recorded October 1, 1891 in Book 60 of
Deeds at page 397, the parcel of land described in the deed to Southern Pacific
Railroad Company, recorded June 10, 1891 in Book 60 of Deeds page. 135, the parcel
of land described in the deed to Southern Pacific Railroad Company recorded",
August 14, in Book 60 of.Deeds at page 265, and the parcel of land described th
the deed to Southern Pacific Railroad Company recorded July 18, 1890 in Book 60
of Deeds at page 109, all records of said County.
EXCEPTING THEREFROM: Those Parcels of land described as Parcels 4, 5, and
6 in the deed from Southern Pacific Transportation Company to City of Walnut
Creek, recorded .September 29, 1972 in Book 6762 at Page 8129 Official -Records
of said County.
1
i
5.T
-SM:A1.l