HomeMy WebLinkAboutRESOLUTIONS - 01051982 - 82/201
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Re:
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVA'l'.ION DISTRICT
Condemnation of Property
for Flood Control Purposes,
Lower Pine-Galindo Creek -
u. S. Arrrr:J Corps of
Engineers Project,
Concord Area,
Work Order No. 7520-6B8694
Flood Control Zone 3B.
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RESOLUTION OF NECESSITY
No. 82120
(C.C.P. §1245.230)
10 11 The Board of Supervisors, as ex officio the Board of Supervisors
11 of the Contra Costa County Flood Control and Water Conservation
12 District, by vote of two-thirds or more of its members, RESOLVES
13 THAT:
14 Pursuant to West's Water Code-Appen dix Sec. 63-5 and Deering' s
15 Water-Uncodified Acts, Act 1656, Sec. 5, the Contra Costa County
16 Flood Control and Water Conservation District intends to construct
17 a flood control channel, a public: impro,.rement, and, in conne,~tion
18 therewith, acquire an interest in certain real property.
19 The property to be acquired is generally located in the
20 Concord area between Sunshine Drive and Monument Boulevard and
21 east of Meadow Lane, and consists of nine (9) parcels within the
22 proposed site of the Lower Pine-Galindo Creek project.
23 Said property is nore particularly described in Appendix A,
24 attached hereto and incorporated her·ein by this reference.
25 On December 8, 1981, this Board passed a resolution of
26 intention to adopt a resolution of necessity for the acquisition
27 by eminent domain of the property described in Appendix A thereto
28 and fixing 10 :30 a.m., January 5, 1982 in its Chambers in the:
29 Administration Building, 651 Pine Street, Martinez., California as
30 the time and place for the hearin,g thereon (Resolution No. 8lll412)
31 The hearing was held at that ti:me and place, and u.pon the
32 evidence presented to it this Boa:rd finds, determines and hereby
33 declares the following:
34 1. The public interest and necessity require the proposed
3511 project;
36 I ll RESOLUTION NO. 82120
1 2. The proposed project is planned and lc,cated in the manner
2 which will be nost compatible with the greatest public good and
3 the least private injury; and
4 3. The property described he.rein is necessary for the pro-
s posed project.
6 The County Counsel of this County is hereby AUTHORIZED and
7 EMPOWERED:
8 To acquire in the District's ltla:xoo, by condemnation, the
9 titles, easements and rights-of-way hereinafter described in and
10 to said real property or interest{:;) therein, in accordance with
11 11 the provisions of eminent domain in th Code of Civil Procedure
12 and the Constitution of California:
13 1. Parcels 987, 989, 1014, 1015 and 1016 are to be acquired
14 in fee simple.
15 2. Parcels 1010 and 1012 are to be acquired in permanent
16 easement for flood control purposeH.
17 3. Parcels 987-T, 989-T, 1003-T, 1005-T, 1011-T, 1012-T,
18 1014-T, 1015-T and 1016-T are to be acquired as temporary
19 construction easements, which shall expire upon the completion of
20 construction of said project or December 31, 1982, whichever shall
21 occur first.
22 4. Parcels 1010-AT, 1011-AT, 1011-BT, 101:2-AT and 1014-A~r
23 are to be acquired as temporary acc:ess easements, which shal·l
24 expire upon completion of construction of said project or December
25 31, 1982, whichever shall occur first.
26 5. Parcel 1014-BT is to be acquired as a temporary storage
27 easement which shall expire upon the completion of constl~uction
28 of said project or December 31, 1982, whichever shall occur first.
29 To prepare and prosecute in the District 's name such proceed-
30 ings in the proper court . as are necessary for such acquisition;
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32 To deposit the probable amount of compensait:.ion, base~d on an
33 appraisal, and to apply to said court for an order permitting the
34 District to take immediate possession and use said real property
3.5 for said public uses and purposes.
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RESOLUTION NO. 82120
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PASSED and ADOPTED on January 5, 1982 by the following vo1:e:
3 11 AYES:
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Supervisors -N. C. Fahden, R. I. Schroder, S. W. McPeak,
T. Torlakson, and T. Powers
511 NOES:
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Supervi~ors -None .
711 ABSENT:
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Supervisors -None .
9 I HEREBY CERTIFY that the foregoing resolution was duly and
10 11 regularly introduced, passed and adopted by the vote of two-thirds
11 or more of the Board of Supervisors of Contra Costa County,
12 California, as ex officio the Board of Supervisors of the Conti:·a
13 Costa County Flood Control and Water Conservation District, at a
14 meeting of said Board on the date indicated.
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1611 Dated: January s, 1982
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23 11 ELK:df
24 cc: Public Works Department,
25 Real Property Division
Auditor-Controller
J. R. OLSSON, County Clerk and
ex officio Clerk of the Board of
Supervisors of Contra Costa County,
California
By~~~~ff.~ utv t-ax, e ·. eu el';!'
26 County Counsel (Certified Copy ),
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RESOLU'l'ION NO. 82/2 0
APPENDIX 11 A11
PARCELS 985A, 987 THRU 989 AND 1003 THRU 1016 {FEE)
lower Pine-Ga 1 i ndo Creek
Project No. 7520-6B8694
Resolution No. 81/ .
A portion of the Rancho Monte Del Diablci being in the County of Contra Costa,
State of California. described as follows:
Corrrnencing at a street monument in the intersection of Sunshine Drive and Valley
Court as shown on the'map of "Parkhaven Estates 0' filed September 17, 1952 in Book 48
of J·~aps at page l 8. Records of said County; sai di street rronutt'ient bears North 50°32 1
43" East 337.01 feet (record North 49°19'50 11 East 337.05 feet) from another street
monurnent in the intersection of Sunshine Drive and Haven Court as shown on said
map (48 M 18); thence from said point of corrrnencement South 50°32',43" West 133.41
feet to a point which shall hereinafter be referred to as Point 11 D11 , the point of
beginning of the following described strip of land.
A strip of land 46.00 feet in width. the centerline of which ;s described as follows:
Beginning at said Point 11 D11 • thence South 35°47'02" East 622.48 feet; thence south-
easterly along the arc of a tangent curve, concave to the southwest having a radius
of 400.00 feet through a central angle of 5°08'03", a distance of 35.84 feet thence,
tangent to said curve, South 30°38'59" East 356.41 feet; thence southeasterly along
the arc of a tangent curve, concave to the northeast having a radius of 400.00 feet
through a central angle of 6°32'01", a distance of 45.61 feet; thence tangent to
said curve, South 37°11 '00 11 East 103.52 feet; thence southeasterly along the arc
of a tangent curve, concave to the northeast having a radius of 335.00 feet th~ough
a central angle of 54°21'41". a distance of 317.84 feet; thence, tangent to sa1d
curve. North 88°27'1911 East 55.79 feet; thence easterly along the arc of a tangent
curve, concave to the north having a radius of 320.00 feet through a central. angle
of 16 ° 36 '2911 , a distance of 92. 76 feet; thence tangent to said curves North 71 °50' 50 11
East 98.00 feet; thence easterly along the arc of a tangent curve, concave to !he
south having a radius of 207.50 feet through a central angle of 73°14'50"n a distance
of 265.27 feet; thence, tangent to said curve, South 34°54'20" East 80.05 feet;
thence southeasterly along the arc of a tangent curve, concave to the southwest
having a radius of 920.00 feet through a central angle of 6°29'55", a distance of
104.35 feet; thence, tangent to said curvie. South 28°24'25 11 East 65.00 feet to a
point which shall hereinafter be referred to as Point 11 [11 • Said Point "E" be;ng
the southeasterly terminus of the above di~scr-ibed strip of land.
Said Point "E" being further described as follows:
Thence from said Point "E 11 , North 47°42'3:311 fast 252.45 feet to an iron pipe monument
at the most southerly corner of PARCEL "C 11' as shown on the map filed July 16, 1976
in Book 46 of PARCEL MAPS at page 46, Records of said County; said iron pipe monument
bears South 34°02'58" East 514.02 feet (record South 34°03'54" East 514.31 feet).
from an iron pipe monument in the northeasterly line of the parcel oi land descnbed
as PARCEL 1 in the Decree Establishing Death and Terminating Joint Tenancies of
Waldo E. Tournat recorded January 9. 1968 in Book 5532 of Official Records at page
147, Records of said County, as shown on said map (46 PM 46).
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PARCELS 987-T THROUGH 989-T, 1003-T THROUGH 1016-T AND 1050-T
THROUGH 1052-T (TEMPORARY CONSTRUCTION EASEMENTS)
A portion of the Rancho Monte Del Diablo being in the County of Contra
Costa, State of California, described as follows:
A strip of land 76.00 feet in width, the centerline of which is described
as follows:
Beginning at the point previously described as Point 11 011 11 in said 11 PARCELS
985A, 987 THROUGH 989 AND 1006 THROUGH 1016 11 11 thence from said Point "D".
South 35°47 1 02" East, 206.50 feet to a point which shall hereinafter
be referred to as Point "T-23A".
A strip of land 63.00 feet in width lying 25.00 feet northeasterly and
38.00 feet southwesterly of the following described line:
Beginning at said Point "T-23A". thence ctlntinuing South 35°47 1 02 11 East,
54.00 feet to a point which shall hereinafter be :referred to as Point
"T-23B".
A strip of land 76.00 feet in width, the centerline of which is described
as follows: ·
Beginning at said Point "T-23B", thence continuing South 35°47 1 02" East,
49.50 feet to a point which shall hereinafter be referred to as Point
11 T-24".
A strip of land 73.00 feet in width, lying 35.00 feet northeasterly and
38.00 feet southwesterly of the following described line:
Beginning at said Point "T-24"~ thence continuing South 35°47'02" East,
69.00 feet to a point to be hereinafter referred to as Point "T-25".
A strip of land 68.00 feet in width lying 35.00 feet northeasterly and
33.00 feet southwesterly of the following described line:
Beginning at said Point "T-25", thence continuing South 35°47'02" East,
60.00 feet to a point which shall hereinaft er be referred to as Point
"T-26".
A strip of land 73.00 feet in width, lying 35.00 feet northeasterly and
38. 00 feet southwesterly of the foll owing described 1 ine:
Beginning at said Point "T-2611 1 thence continuing South 35°47'02" East,
30.00 feet to a point which shall hereinafter be referred to as Point
"T-27".
A strip of land 35.00 feet in width, the southwesterly line of which is
described as follows:
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Beginning at said Point "T-27", thence continuing South 35°47'02" East,
130.48 feet to a point which shall hereinafter be referred to as Point
'!T-28 11 •
A strip of land bounded on the northeast by the above described line
beb1een Point uT-27 11 and "T-28" and bounded on the southwesterly by
an uniformly tapering line being 38.00 feet southwesterly (right angle
measure) from said Point •1T-27 11 and being 33.00 feet southwesterly
(right angle rreasure) from said Point "T-28'n.
A strip of land 73.00 feet in width lyin,g 35..00 feet northeasterly and
38. 00 feet southwesterly of the foll owin ,g described line:
Beginning at said Point "T-28", thence continuing South 35°47'02u East,
23.00 feet; thence southeasterly along the arc of a tangent curve, concave
to the southwest having a radius of 400.00 feet through a central ,rngle
of 5°08 1 03 11 , a distance of 35.84 feet; thence tangent to said curvE! South
30°38'59" East, 242 .00 feet to a point which shall hereinafter be
ref erred to as Point "T-29".
A strip of land 70.00 feet in width, the centerline of which is described
as follows:
Beginning at said Point "T-29"~ thence continuing South 30°38 1 59 11 East1,
114.41 feet; thence southeasterly along the arc of a tangent curve.
concave to the northeast having a radius iof 400.00 feet through a central
angle of 0°42 1 58", a distance of 5.00 feet to a point which shall
hereinafter be referred to as Point "T-30'11 •
A strip of land 146.00 feet in width, the centerline of which is de s cribed
as follows:
Beginning at said Point "T-30 11 , from which a radial line bears North 58°
38'03" East, thence continuing southeasterly along the arc of said curve
with a radius of 400.00 feet, through a ce)ntral angle of 4°17 1 50 11 , a
distance of 30 .00 feet to a point which shall hereinafter be referred to
as Point "T-31 11 •
A strip of land 70.00 feet in width, the centerline of which is described
as follows:
Beginning at said Point "T-31" from which a radial line bears North 54°
20' 1311 East, thence continuing southeasterly along the arc of said curve
with a radius of 400.00 feet through a centra l angle of 1°31'13", a
distance of 10.61 feet; thence tangent to :said curve, South 37°11'0(]"
East, 103 .52 feet to a point which shall h,.~reinafter be referred to as
Point "T-32".
A strip of land 38.00 feet in width, the m>rtheasterly line which is
described as follows:
Beginning at said Point "T-32", thence sou t heasterly along the arc of
a tangent curve, concave to the northeast having a radius of 335.00 feet
through a central angle of 37°37' 38". a di s,tance of 220.00 feet to a
point which shall hereinafter be referred to as Point "T-33".
A strip of land 76.00 feet in width. the centerline of which is desc:ribed
as follows:
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Beginning at said Point 11 T-33" from which a radial line bears North 15°
11 1 22 11 East, thence continuing easterly along the arc oif said curve with
a·radius of 335.00, through a central anqle of 16°44'03°, a distance of
97.84 feet; thence, tangent to said curve!, North 88°27'19• East, 55.79
feet; thence easterly along the arc of a tangent curve concave to the North
having a radius of 320.00 feet through a central angle c1f 16°36'29", a
distance of 92.76 feet; thence tangent tc1 said curve, North 71°50'50 11 East,
98.00 feet; thence easterly along the arc of a tangent curve, concave to
the south having a radius of 207.50 feet through a central angle of 32°57 1
42''. a distance of 119.37 feet to a point wh'ich shall hereinafter be
ref erred to as Point 11 T -34 11 • •
A strip of land 38.00 feet in width, the southwesterly line of which is
oescribed as follows:
' Beginning at said Point "T-34", thence continuing southeasterly along the
arc of said curve with a radius of 207.50 feet, through a central angle
of 40°17 1 08 11 , a distance of 145.90 feet; thence, tangent to said curve,
South 34°54'20" East, 80.05 feet; thence :southeasterly along the arc of a
tangent curve, concave to the south1,:est h;3ving a radius of 920.00 feet
through a central angle of 0°34 1 47 11 , a distance of 9.84 feet to a pi:>int
which shall hereinafter be referred to as Point "T-35 11 •
A strip of land 30 .. 00 feet in width, the southi.;esterly line of whic h is
described as follows:
Beginning at said Point "T-35 11 , thence continuing southeasterly along
the arc of said curve with a radius of 920.00 feet, through a central
angle of 1°11 1 46 11 , a distance of 19.21 feet to a point which shall
hereinafter be referred to as Point "T-36 ".
A strip of land 38.00 feet in width, the southwesterly line of which is
described as follows:
Beginning at said Point 11 T-36", thence continuing southeasterly along
the arc of said curve with a radius of 920.00 feet, through a central
angle of 4°41 '22", a distance of 75.30 feet; t hence tangent to said
curve, South 28°24'25" East, 65.00 feet to said Point "E", which was
previously referred to in "PARCELS 985A,. 987 THROUGH 989 AND 1003
THROUGH 1016 11 •
EXCEPTING THEREFROM: All of the above which lies within the previoinsly
described "PARCELS 985A, 987 THROUGH 989 and 1003 THROUGH 1016" •
PARCEL 101 OA-T ( TEMPORARY CONSTRUCTION EASEMENT)
A portion of that parcel of land described in instrument to E.W. Thompson11
et ux, recorded September 16, 1971 in Book 6478 of Official Records at page
548, Records of Contra Costa County, California, described as follows:
That portion of the northwesterly 20 feet of the said Thompson parcel (6478
or 548) adjoining the southwesterly 1 ine of "PARCELS 987-T thru 989-·T,
1003-T thru 1016-T cmd 1050-T thru 1052-T" that extends southwesterly 150
feet.
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PARCEL l014A-T (TEMPORARY ACCESS EASEMENT)
·Portions of that parcel of land described in instrument to Robert B. Matheson,
et ux, recorded December 29, 1972 in Book 6831 of Official Records at page 880,
Records of Contra Costa County, Californian described as follows:
Commencing at Point "T-34" which was prieviously referred to in said "PARCELS 987-T
THRU 989-T, 1003-T THRU 1016-T AND 1050-T THRU 1052-T", thence from said Point .
11 T-34" North 14°48' 32" East 38.00 feet to the point of intersection of the northerly
line of the strip of land described in said 11 PARCELS 987-T THRU 989-T, 1003-T THRU
1016-T AND 1050-T THRU 1052-T" and the southeasterly line of the said Mathes~n .
parcel (6831 OR 880), said point of intersection being the true point of begrnnrng;
thence from said true point of beginning along the said southeasterly l1ne of the
· Matheson parcel 1( 6831 OR 880), North 49°33' 26" East 37 .40 feet to the northeasterly
line of the said 11,atheson parcel; thence?, along said northeasterly line North 34°
19 1 01 11 ~Jest 142.84 feet to the centerline of Del Vista Monte (40.00 feet in width)
as shown on the parcel map filed July 16, 1976 in ]ook 46 of Parcel Maps at page 46,
R:cords of said County; thence, along the south1·:esterly prolongation o! said center-
lrne, South 49°31 1 59 11 West 184.31 feet; thence, leaving said prolongat1on south-
westerly along the arc of a tangent curve concave to the southeast having a radius
of 45.00 feet through a central angle of 34°19 1 08 11 , a distance of 26.95 feet to a
point on a line paralle1 with and 25.00 feet northerly, right angle measure, from
the northerly line of the strip of land described previously in "PARCELS 987-T
T~RU 989-T, 1003-T THRU 1016-T AND 1050-T THRU 1052-T"; thence, along said parallel
line, South 71°50 1 50 11 West 35.41 feet; thence, westerly along the arc of a tangent
curve concave to the north having a radius of 257.00 feet to the southvJesterly
line of the said Matheson parcel (6831 or 880); thence southeasterly along said
south1.,,esterly line to the said northerly line of 11 PARCELS 987-T THRU 989-T, 1003-T
THRU 1016-T AND 1050-T THRU 1052-T 11 ; thence~ along said northerly line, easterly
along the arc of a tangent curve concave to the north having a radius of 282.00 .
feet; thence, tan-gent to said curve, North 71°50'50" East 48.00 feet; thence leaving
said northerly line, South 18°09 1 10 11 East 0.25 feet; thence northeasterly along
the arc of a tangent curve, concave to the southeast having a radius of.25.00 feet
through a central angle of 67°41'09", a distance of 29.53 feet to a point parallel
with and 20. 00 feet southeasterly, measured at right angles from the said south-
westerly prolongation of the centerline of Del Vista Monte (46 PM 46); thence.
along said parallel line, North 49°31 1 59 11 East 162.03 feet to a point on a line
parallel with and 20.00 feet southwesterll y, right angle measure, from th: said
.northeasterly line of the Matheson parce l ; thence, along said parallel line,
South 34°19 1 01" East 80.15 feet; thence southerly along the arc of a tangent ·
curve, concave to the west having a radius of 25.00 feet through a central angle
of 83°52'27", a distance of 36.60 feet tc, a point on a line parallel with and
2~.00 feet northwesterly, measured at ri9ht angles, from the sai~ southeaster~y
line of the said Matheson parcel (6831 or 880); thence, along sa1d parallel l1ne,
South 49°33 1 26 11 West 12.41 feet to a point on the said northerly line of "PARCELS
987-T THRU 989-T, 1003-T THRU 1016-T ANO 1050-T THRU 10!52 -T11 from which a radial
line of a curve concave to the south having a radius of 245.50 feet bears South
8°54 1 40 11 West; thence easterly along the arc of said curve through a central angle
of 5°53'52", a distance of 25.27 feet to the said true point of beginning.
Page 5 1of 7
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f ARCEL 1014B-T ( TEMPORARY STORAGE EASEMENT)
Beginning at the most westerly corner of said 81 PARCEL 1014A-r•, thence from
said point of beginning, along the northi=rly line of sa·id upARCEL l014A-T",
easterly along the arc of the curve conc,:1ve to the north having a radius of
257.00 feet; thence, tangent to said curve, North 71°50'50• East 35.41 feet;
thence northeasterly along the arc of the tanoent curve concave to the south-
east having a radius of 45.00 feet throu9h ·a ~entral angle of 34°19'08", a
distance of 26.95 feet; thence, leaving said northerly line, North 18°09'10"
West 33.12 feet; thence South 71 °50' 50 11 West to the southwesterly line of
. the said Matheson parcel (6831 OR 880); thence southeasterly along said
south\·Jesterly line to the point of beginning.
PARCEL 1050A-T { TEMPORARY CONSTRUCTION EASEME:NT)
A portion of the Rancho Monte Del Diablo being in the City of Concord, County
of Contra Costa, State of California, described as follows:
A portion of Lot 18, map of Parkhaven Estates, filed September 17, 1952, Map
Book 48, Pages 18-20, Contra Costa County Records, described as follows:
Beginning at the most northerly corner of said lot 18; thence, from said point
of beginning along the northwesterly line of said lot 18, South 49°19 1 50"
West. 73 feet to the south\.,resterly line of said lot 18; thence .along said
southv,esterly line, South, 40°40'10" East,, 25 feet; thence, North 49°19'50 '"
East, to the northeasterly line of said lot 18; thence, North 36°30'40" .West,
25 feet to the point of beginning.
PARCEL 987A-T { TEMPORARY CONSTRUCTION EASEMEN!l
A portion of the Rancho Monte Del Diablo being in the City of Concord, County
of Contra Costa, State of California, described as follows:
A portion of lot 19, map of Parkhaven Estates,, filed September 17, ·11952, Map
Book 48, Pages 18-20, Contra Costa County !Records, described as follows:
Beginning at the most westerly corner of lClt 19; thence, from said point of
beginning along the northwesterly line of !iaid lot 19, North 49°19'SO" East
69.91 feet; thence southerly along the arc of a tangent curve, concave to
the southwest having a radius of 20 feet of 31.42 feet; thence, tangent to
said curve, South 40°40'10" East 5 feet; thenc,e , South 49°19'50" West, to
the southwesterly line of said lot 19; thence North 36°30'40" West 25 feet
to the point of beginning.
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PARCEL 10118-T ( TEMPORARY ACCESS EASEMENT)
All that property situated in the State o,f California, County of Contra Costa,
City of Concord, described as follows:
Beginning at a point on the northwest line of parcel of 1and descdbed in the
Deed to Lloyd A. Davidson, et al, recorded June 27, 1941 in Book 613, Page
264, offical records of Contra Costa County,. which point bears North 50°20'00"
East 40 feet from the most westerly corner thereof; thence from sa::id point of
beginning North 50°20'00" East along the northwest line of said Davidson parcel
(613 OR 264) 111.35 feet· to the northeastt:rly line of said Davidson parcel
(613 OR 264) thence along said northeaste1rly line South 35°27'00" East 20 feet;
thence South 50°20'00" 'West to the southwest line of said Davidson parcel
(613 OR 264); thence North 35°34'37" West 25 feet to the point of beginning.
Bearings and distances used in the above descriptions are based on the
California Coordinate System Zone II I. To obtain ground di stance multi ply
distances used by 1.0000657.
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