HomeMy WebLinkAboutRESOLUTIONS - 03021982 - 82/2691
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Re:
BOABD OF SUPERVISORS, CON'l'RA COSTA COUNTY, CALIFORNIA
AS EX OFFICIO THE BOARD OE' SUPERVISORS OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Condemnation of Property
for Flood Control Purposes, ,
Lower Pine-Galindo Cre,ek
U. S. Army Cc,rps of
Engineers Project,
Concord Area,
Work Order No. 7520-6B8694
Flood Control Zone 3Bc
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RESOLUTION OF NECESSITY
No. 82/269
10 II ThE! Board of Supervisors, as e:>t officio the Board of Supervisors
11 of the Ccmtra Costa County Flood Control and Water Conservation
12 District, by vote of two-thirdE; or JlX)re of its members, RESOLVES
13 THAT :
14 Pursuant to West's Water Code-Appendix Sec. 63-5 and Deering's
15 Water-Uncodified Acts, Act 165Ei, Sec. 5, the Contra Costa County
16 Flood Control and Water Conservation District intends to construct
17 a flood control channel, a pub:lic improvement, and, in connection
18 therewith, acquire an interest in• certain real property.
19 The property to be acquirE3d is generally located in the
20 Concord area between Monument Boulevard and approximately 150
21 Feet East of the BART Tracks and 375 Feet North of Lane Drive,
22 and consists of twelve (12) palrcels within the proposed site of
23 the Lower Pine··Galindo Creek project.
24 Said property is JlX)re particularly described in Appendix A,
25 att.ached hereto and incorporab3d herein by this reference. Some
26 of the property sought to be a,:quired is property appropriated to
27 a public use1 the proposed use is a JlX)re necessary public use
28 than the use to which the prop•~rty is now appropriated (C.C.P.
29 §l:>.40.610), or a c::ompatible public use (C.C.P. §1240.510).
30 On January 26, 1982, this Board passed a resolution of
31 intention to adopt a resolutioiri of necessity for the acquisition
32 by eminent domain of the property described in Appendix A thereto
33 and setting the hearing for February 23, 1982. On February 23, 1982
34 th:Ls Board continued the bearing for 10: 30 a.m., March 2, 1982 in
35 it1s Chambers in the Administration Building, 651 Pine Street,
36 Martinez, Cali:fornia as the ti:me and place for the hearing thereon
{R•~solut:lon No. 82/120).
'i~t/ a to'I l ~IO
'.l'he
211 evidence
3 dec:::laires
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511 prc:>ject;
hearing was held at that time and place, and upon the
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presented to it. tliis Board finds, determines and hereby
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the following: !
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The public intere~t and necessity require the proposed
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6 :2. The proposed proj~ct .is planned and located in the manner
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711 which will be nost oompati;qle 'with the greatest public good and
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811 the 1,east private injury1 and
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10 11 posed project.
3. The property desc l'ibed herein is necessary for the pro-
11 11 The County Counsel of this County is hereby AUTHORIZED and
12 EMPOWRED: I
13 To acquire in the Disirict's name, by condemnation, the
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14 titles, easements and rights-of-way hereinafter described in and
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15 to said real property or ifterest {s) therein, in accordance with
16 the provisions of eminent ~omain in the Code of Civil Procedure
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17 and the Constitution of California:
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18 1. Parcels 1091, 1092, 1094 are to be acquired in fee simple.
19 2. Parcels 1097, 109'7-A and 1098 are to be acquired in perm-
20 anent easement fo:r flood control purposes.
21 3. Parcels 1091-T, 1092-T, 1094-T, 1097-T, 1098-T and 1099-T
22 are to be acquired as temp9rai:y construction easements, which shall
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23 eJCpire upon the c,ompletion i of construction of said project or
24 December 31, 1982, whichev~r sihall occur first.
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25 'l'o prepare and prosecpte in the District's name such proceed-
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26 ings in the proper court a~ a1.·e necessary for such acquisition;
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• I • 28 To deposit the probable clnlount of compensation, based on an
29 appraisal, and to apply to! said court for an order penni tting the
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30 District to take: immediate! pcrnsession and use said real property
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31 fe>r said public uses and purpc,ses •
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RESOLUTION NO. 82/269
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P.~SSED and ADOPTED <:m March 2, 1982 by the following vote:
AYES:
NOES:
J.BSENT:
Supervisors -N. C. Fahden, R. I. Schroder,
s. w. McPeak, and T. Torlakson
Sup,arvisors -No,ne.
Supervisors -T. Powers
10 II I HE:REBY CERTIFY that t.he foregoing resolution was duly and
1111 regularly introduced, passed arid adopted by the vote of two-thirds
12 or nore of the Board of Supervisors of Contra Costa County,
13 California, as ex officio the Board of Supervisors of the Contra
14 Costa County Flood Control and Water Conservation District, at a
15 meeting of said Board on the date indicated.
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17 Dated: March -2.,_, 198:2
J. R. OLSSON ,~~County Clerk and 18
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ex officio Clerk of the Board of
Supervisors of Contra Costa County
California
By: dY.mdAd faqg 1
Depu
2411 ELK:df
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cc: Public Works Department,
Real Property D:ivision
Audi tor-Contiroller
Cou:nty Counsel (Certified Copy)
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RESOLUTION NO. 82/269
'> A' o
APPENDIX ~1A"
R/W -PARCELS 1090 ll:IROUGH 1095 INCLUSIVE {FiEE)
Lower Pine-Ga11nao ~reeK
Project No. 7520-688694
Resolution No. 82/269
A portion of the Rancho San Miguel lying within the City of Concord, County
of Contra Costa, State of Califiomia, described as follows:
Cor.rr.encing at ia 1 1/2 .inc:h iron pipe monl.J'.ilent tagged L. S. 3169 at the south-
. easterly right of ~ay line of Monument Soulevard and .the most northerly comer
of the parcel of land shown on the Record of Survey Map filed October 18, 1976
in Sook 61 of land Surveyor's Maps at page 18, said 1 1/2 inch iron pipe monu-
r.:ent bears !,orth 40°26' 17" West 379. 92 feet ( record N 40°21 '14• W 380.40 feet)
from a 2 inch iron pipe at the most easterly corner of said parcel of land as
sho\"n on said map (61 LSM 18); thence, from said Point of Cor.r.12nceme~t, south
51°01'33" \~est 235.17 fe,~t to the True Point of Beginning of the following
described strip of land.
A strip of land 47.00 feet in ,-1i dthn the centerline of which is described as
foll O\o,'S:
Thence, fro~ said True Point of Beginning, South 34°02'20" East 808.27 feet;
thence southerly along the arc of a tangent curve concave to the west having
a radius of 330.00 feet through a central angle of 25°25'45". a distance of
146.46 feet; thence, tangent to said cun•e, South 8°36'35" East 1055.10 feet
to a point ,.,.hich shall hereinafter be refer:red to as Point 11 A". Said Point
''A" being the southerly terminus of the above described strip of land.
Said Point "A" being further described as f ,01101..-s:
Thence, from said Point "A", South 27°09'05" iJest 121.95 feet to the standard
street monu:nent at the intersection of the centerlines of Fox r-~eadow Way and
Sierra Road as shown on the map entitled 11 Subdivision 4866" filed March 11,
1977 in Book 193 of Maps at page 3;7, r·ecords of said County; sa;d standard
street monu:-:,ent bears North 23°30'53'" l,.'est 284.54 feet (record north 23°32'00"
West 284.51 feet) from another standard str·eet monument at the intersection
of the centerlines of Sierra Road .and Sierr·a Court as shown on the map entitled
"Subdivision "~901" filed October 25, 1977 in Book 203 of Maps at page 35, re-
cords of said County.
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PARCELS 1090-T THROUGH 1095-T INCLUSIVE (TEMPORARY CONSTRUCTION EASEMENT)
A portion of the Rane.ho San Miguel lying within the City of Concord, County
of Contra Costa, State of California, described as follows:
A strip of land 93.00 fEet in width lying 54.00 feet northeasterly and 39.00
feet south~esterly of the following d2scribed line:
Beginning at the True Point of Beginning as said point was previously.described
in "Parcels 109::> Through 1095 Inclusive", thence South 34°02'20" East 116.00
feet to a point \,·hich shall hereinafter be referred to as Point "A-1 11 •
A strip of land 39.00 feet in width, the northeasterly line of which is de-
scribed as follows:
Seginning at said Point "A-1 "~ thence South 34°02'20" East 60.00 feet to a
point which shall hereinafter be refen-ed to as Point "/..-2"; tr,ence continu-
ing South 3~c02'20" East 62.0D fee·t to a point which shall hereinafter be
referred to as Point "f..-3".
A tapering st r ip of land bounded on the southw~st by the a~o~e described line
bet\-.-een said Points "A-1" and "A-3" and bounded on the northeast by a line from
a point which lies 54.00 feet northeasterly (right angle r,:asure} from said
Point "A-1" to a point which lies 60.00 feet northeasterly (right angle measure)
from said Point "A-2"; thence to a point which lies 54.00 feet northeasterly
(right angle measure) from said Point "A-3". ·
A strip of land 93.00 feet in width lying 54.00 feet northeasterly and 39.00
feet southwesterly of the following described line: ·
Beginning at said Point "A-3", thence continuing South 34°02'20" East 570.27
feet; thence southeasterly along the arc of a tangent curve, concave to the
southwest having a radius of 330.00 feet through a central angle of 25°25'45",
a distance of 146.46 feet; thence, tangent to said curve, Juth 8°36'35 11 ast
570.00 feet t1J a point "'hich shall hereinafter be referred to as Point "A-4".
A strip of land lOC.00 feet in width lying 54.00 feet easterly and SO.OD feet
.. .-ester1y of the follo"Jing described line:
Beginning at said Point "/..-(", thence continuing S:>uth ec.35•35" East Ja.o:>
feet tc) a point which shall hereirnafte·r be referred to as Point "A-5".
A strip of l~nd SO.OJ fret in width, the easterly line of which is destrib~d
as fol'I o....-s:
Paoe 2 of 7
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R/W -PARCELS 1096, 1097, and 1098 (EASEMENT )
A portion of the Rancho Sa~ Miguel lying within the City of
Concord, County of Contra Costa, State of California, described
as follows:
Comme n cing at the monument at Detreit Avenue at the southerly
inter~ection of Shary Circle as shown on the map of "Tract ~282
Shary Industrial Park " filed June 24, 1964 in Book 95 Bf Maps
at page 25, records of said County; said monument bears 73 23'19"
East 869.26 feet (record N 72°04 '47"E 868.955 feet) from another
monument at Shary Circle as shown on said mag (95 M 25); thence
from sa i d point of commencement South 18 29'40" East 373.96
feet to a point which shall hereinafter be referred to as Point
11 8 11 • Said Point "8" being the True Point of Beginning of the
following described strip of land.
A strip of land 34.00 feet i n width, t h e centerline of which
is described as follows:
Thence from said Point "B" North 80°23'58" East 80.00 feet;
thence easterly along the arc of a tangent curve, concave to
the south ha v ing a radius of 310.00 feet through a central angle
of 16°07'06 ", a distance of 87.21 feet;thence, tangent to said
curve, Sout h 83°28'56"East 199.63 feet; thence easterly along
the arc of a tangent curve, concave to the north having a radius
of 425.00 feet through central angle of 13°29'42 ", a dJstance
of 100.10 feet; thence tangent to said curve, North 83 01'22"
East 108 .50 feet; thence easterly along the arc of a tangent
curve, concave to the iouth having a radius of 270.00 feet through
a central angle of 24 56'16", a distance of 117.51 feet; thence,
tangentto said curve, south 12°02 1 22" East 5.3 feet to a point
which . shall hereinafter be referred to as Point "C".
A strip of land to be hereirtafter described, said strip of land
being refere nced to points along the following described land:
Thence from said Point "C" South 72°02'22" East 24 feet to a
Point "0"; then6e South 72°02 1 22" East 20 feet to a Point "E";
thence Sout h 72 02'22" East 20 feet to Point "f". Said Point
"F" is the southeasterly terminus of the above described control
line and is further described as follows:
Thence from said Point "F" North 71°24'07" West 140.22 feet
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to a 10-inch concrete monument with a 3-inch brass disc stamped
"S.F"B.A.R.T.D., L.S. 2742 11 , sa'l d monument bears North 88°10'36"
West 357. 55 feet ( record S88°07 '27 11 E 357. 78 feet) from another
S.F.B.A.R.T.O. monument as shown on sheet 21 and 22 of the map
entitled ~Record Maps of Right of Way Bay Area Rapid Transit
District Contra Costa County" filed July 9, 1976 in Book 3 of
S.F.B.A.R.T.O. Maps. .
The afore mentioned strip of land is more particularly described
as being bounded on the west by a line drawn normal to said
control l i ne at said Point 11 C11 , and on the east by a line drawn
normal to said control line at said Point 11 F 11 • The northern
boundary of sa i d strip of land is a series of consecutive straight
lines connecting offset points, said points lie on lines extending
from previously mentioned points, with lines being at right
angles to said control line and distant northerly to said northern
boundary as follows:
At said point 11 C", 22 feet; and 39 feet at said point "F".
The southern boundary of said strip of land is a series of conse-
cutive straight lines connec t ing offset points, said points
lie on lines extending from previously mentioned points, with
lines being at right angles to said control line and distant
southerly to said southerly boundary as follows:
At said Point "C", 18 feet; 113 feet at said Point "0 11 ; 50 feet
at said Point 11 E11 ; and 3 7 feet at said Poi n t "f".
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PARCELS 1096-T THROUGH 1099-T IN CLUSIVE {TEMPORARY CONSRUCTION EASEMENT )
A portion of the Rancho San Miguel lying within the City of Concord, County
of Contra Costa, State of California, described as follows:
Commencing at Point "B" as said point was previously described in "Parcels
1096, 1097 and 1098'', thence North 80°23'58" East 65.00 feet to a point
to be hereinafter referred to as Point "B-1". Said Point "B-1" being the
True Point of Beginning of the hereinafter described series of strips of
la nd.
A strip of la nd 32.00 feet in width, the southerly line of which is described
as follows:
Beginning at said Point"B-1", thence continuing North 80°23'58" East 15.00
feet; thence easterly along the arc of a tangent curve,concave to the south
having a radius of 310.00 feet through a central angle of 16°07'06", a
distance of 87.21 feet; thence, tangent to said curve, South 83°28 1 56 11
East 199.63 feet;thcnce easterly along the arc of a tangent curve, concave
to the north having a radius of 425.00 feet through a central angle of
13°29'42", a distance of 100.1 0 feet; thence tangent to said curve, North
83°01 1 22" East 58.72 feet to a point hereinafter to be referred to as Point
"B-2".
A strip of land 93.0 0 feet in width lying 32.00 feet northerly and 61.00
feet souther l y of the following described line:
Beginning at said Point "B-2", thence continuing North 83°01 1 22" East 16.00
feet to a point which shall hereinafter be referred to as Point "B-3".
A strip of land 85.00 feet in width, lying 24.00 feet northerly and 61.00
feet southerly of the following described line:
Beginning at said Point "8-3"9 thence continuing North 83°01•22• East 2.50
feet to a point which shall hereinafter be referred to as Point "8-4".
A strip of la n d 48.0 0 feet in width, the centerline of which is described
as follows:
Beginning a t said Point "B-4", thence continuing North 83°01"22" East 19.00
feet to a point which shall hereinafter be referred to as Point "8-5".
Said Point "B-5" being at the terminus of the above described series ofstripsof
land -said terminus being a line with a bearing of North 16°34'28" West
originating at the southerly line of said 48.00 feet in width strip of
land extending through said Point "B-5" to the northerly line of said strip
of land. ·
Thence from said Point "8-5" continuing North 83°01 1 22" East 12.28 feet;
thence easterly along the arc of a tangent curve, concave to the south
having a radius of 270.00 feet through a central angle of 3°45'02", a distance
of 17.67 feet to a point which sha l l hereinafter be referred to as Point
"B-6"
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A strip of land 50.00 feet in wigth, the beginning of said strip being
a line with a bearing of North 16 34'28" West originating at the southerly
line of said 50.00 feet in width strip of land extending through said Point
"B-6" to the northerly line of said strip of land. Said 50.00 feet in
width strip of land lying 26.00 feet northerly and 24.00 feet southerly
of the following described line:
Beginning at said Point "B-6", thence continuing easterly along the arc
of said curve with a radius of 270.00 feet through a central angle 2°45 1 30 11 ,
a distance of 13.0 0 feet to a ptiint which shall hereinafter be referred
to as Pc,int 11 8-7 11 •
A strip of land 24.00 feet i n width the northerly line of which is described
as follows:
Beginning at said Point "8-7 11 j thence continuing easterly along the arc
of said cu rv e with a radius of 270.00 feet, through• central angle of
8°44 1 36 11 , a d istance of 41.20 feeit to a point which shall hereinafter be
referre(jto as Point "B-·8 11
A tapering strip of land adjoining and lying northerly of the following
described control line.
Beginning at said Point "B-7", t h ence contining easterly along the arc
of said curve with a radius of 270.00 feet, through a central angle of
13°34'59", a distance of 64.01 feet to a point which shall hereinafter
be referred to as Point "8-9";the northern said tapering strip of land
varies in width (measured normal to said control line) from 26.00 feet
at said point 11 8-7" to 33.00 feet at said Point 11 8-9 11 •
A strip of land 33.00 feet in width, the southerly line of which is described
as follows:
Beginning at said Po i nt "B-9"~ thence continuing easterly along the arc
of said curve with a radius of 270.00 feet, through a central angle of
4°50 1 45 11 , a distance of 22.84 feet; thence, tangent to said curve, South
72°02'22" East 37.30 feet to a point which shall hereinafter be referred
to as Point 11 8-10 11 •
A tapering strip of l and adjoining and lying northerly of the following
described control line.
Beginning at said Point "B-10 11 , thence South 72°02 1 22" East 40.00 feet
to a point which shall hereinafter be referred to as Point "C-1". Said
tapering strip of land varies in width (measured normal to said control
line) from 33.00 feet at said Point "B-10" to 52.00 feet at said Point"C-1 11 •
A strip of land 52.00 feet in wi dth, the southerly line of which is described
as follows: --
Beginning at said Point "C-ltt, thence south 12°02 1 ~2" East 4500 feet to
a point which shall hereinafter be referred to as Point "E-1".
A tapering strip of land adjoining and lying southerly of the following
described control line.
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Beg.inning at said Point •f•, Poi n t ~f• having been previously described
in said •Parcels 1096, 1097 and 1093", thence South 12°02•22• East 53.00
feet to Point •£-lu. Said tapering strip of land varies in width (measured
normal to said control line) from 37.00 feet at said Point •f• to 8.00
feet at said Point ·£~1·. Said Point •[-1• is the easterly terminus of
the above described series of strips of land.
Bearings and distances used in the above descrip~ions are based on the
California Coordinate System Zone III. To obtain ground distance multiply
distances used by 1.0000657. ·
PARCEL 1097-A (EASEMENT)
Commenciig at said Point •c 11 , thence North 12°02•22• ~est 5.3~ ~eet; thence
South 17 57'38 11 West 18.00 feet to the southerly l1ne of sa1d •Parcels
1096, 1097, and 1098'' and the True Point of Beginning of the following
described parcel of land •
Thence, from said True Point of Beginning westerly along the arc of a
tangent curve concave to the south having a radius of 253.00 feet througha
central angle of 6°03'43", a distance of 26.77 feet; thence, leaving said
southerly line9 south 10°15'00" East 33.84 feet; thence southerly along
the arc of a tangent curve, concave to the east having a radius of 75.00
feet through a central angle of 29°00•00 11 , a distance of 37.96 feet; thence
tangent to said curve South 38°06'27" East 41.60 feet to a point on the
westerly line of the storm drainage easement described in instrument to
Contra Costa County recorded December 16, 1969, ;n Book 6025 of Off;cial
Records at Page 235, records of said County; thence. North 13°01•17• West
95.71 feet to the True Point of Beginning.
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