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HomeMy WebLinkAboutMINUTES - 10131987 - 1.14 ` THE BOARD OF SUPERVISORS g-O 1,1 CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 13, 1987, by the following vote: AYES: Supervi.sors Powers , Fanden, Schroder, Torlakson McPeak NOES: None ABSENT: None RESOLUTION NO. 87/ 617 (C.C.P. Section 1245.235) SUBJECT: Intention to Adopt Resolution of Necessity to Acquire Real Property by Eminent Domain Drainage Area 56 Lindsey Basin 7566-6D8442 Antioch Area RESOLUTION OF INTENTION TO ADOPT RESOLUTION OF NECESSITY The Board of Supervisors as the governing body of the Contra Costa County Flood Control and Water Conservation District,: RESOLVES THAT: It intends to adopt a Resolution of Necessity for the acquisition by eminent domain of real property in the Antioch area, for a storm water detention basin, a public improvement, which property is more particularly described in Appendix "A" attached hereto. This Board will meet on November 3 , 1987, at 10: 30 a.m. in the Board's Chambers, County Administration Building, 651 Pine Street, Martinez, California, to hear those persons whose property is to be acquired and whose names and addresses appear on the last equalized County assessment roll, and to consider the adoption of the Resolution. The Contra Costa County Real Property Division is DIRECTED to send the following notice to each such person by first-class mail : NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY The Board of Supervisors as the governing body of the Contra Costa County Flood Control and Water Conservation District declares its intention to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of real property in the Antioch area, for a storm water detention basin, a public improvement, which property is more particularly described in Appendix "A" attached hereto. The Board will meet on November 3 , 1987, at 10: 30 a.m. in the Board' s Chambers at 651 Pine Street, Martinez, California, to consider the adoption of the Resolution. 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 RESOLUTION NO. 87/617 Page Two 3 . Whether the property sought to be acquired is necessary for the project; and 4 . Whether the offer of just compensation required by Section 7267.2 of the Government Code has been made to the owner of record. hereby certdly that thds Is n tree sncdccrrectcnpyof an action taken u-nd ontared on the sn;r::ies of the Soerd of Superv:zora on"t acute shcwn. ATTESTED: OCTT3 1987 PHIL BATCHELOR, Cie;* of Ulm Board of Supervisors and County Ac r„inlstrctor By , Deputy Orig. Dept. : Public Works (RP) cc: County Counsel Property Owners via R/P (2) DD:rs BO:R81ind13 .t10 RESOLUTION NO. 87/617 Parcel 1453.2 Drainage Area 56 Lindsey Basin Right of Way APPENDIX "A" A portion of the North 1/2 of section 34, Township 2 North, Range 2 East , Mount Diablo Meridian , County of Contra Costa , State of California , further described as follows: Beginning at the point of intersection of the southwest line of the Southern Pacific Railroad 100 feet in width right of way, as described in the deed to San Pablo and Tulare Railroad recorded January 30, 1872 in Book 22 of Deeds at page 510 records of said County, and the south line of the parcel described in the deed to United States of America recorded March 10, 1938 in Book 463 of Official Records at page 19, records of said County from which a radial line of a curve concave to the southwest having a radius of 22,868.33 feet bears south 490 22' 19" west; thence from said point of beginning along said Southern Pacific Railroad right of way, through a central angle of 2 12' 08" an arc length of 878.97 feet to a point on the westerly boundary of the East 1/2 of said Section 34, said point also being the most northerly point of that parcel of land described as Parcel Four in the deed to Ronald E. Nunn recorded .June 30, 1982 in Book 10834 of Official Records at page 480, records of said County; thence leaving said point southeasterly along the northeasterly line of said Nunn parcel (10834 OR 480) also being the southwesterly line of said Southern Pacific Railroad right of way, along the arc of curve concave to the southwest the center of which bears south 510 34' 27" west , having a radius of 22,868.33 feet, through a central angle of 00 49' 11" , an arc length of 327.17 feet to the beginning of compound curve concave to the southwest the center of which bears south 520 23' 38" west having a radius of 24,074.56 feet through a central angle of 20 49'v36" , an arc length of 1 ,187.70 feet; thence tangent to said curve south 340 46' 46" east 261 .66 feet; thence leaving said line south 540 57' 11" west 148.95 feet; thence north 630 47' 49" west 437.00 feet; thence south 480 23' 04" west 85.00 feet to the east line of that strip of land described as Parcel Two in the "Decree for Final Distribution and for Payment of Extraordinary Attorneys' Fees" for the estate of Guiseppina Jacuzzi , recorded November 1 , 1984 in Book 12046 of Official Records at page 878, thence north 880 05' 28" west 202.41 feet; thence north 420 07' 49" west 1 ,513.56 feet; thence north 280 58' 49" west 460.00 feet; thence north 360 52' 49" west 1 ,100.40 feet to an angle point in the boundary of that parcel of land described in deed to United States of America recorded March 10, 1938 in Book 463 of Official Records at page 17, records of said County; thence along the southerly line of said U .S.A. parcels (463 OR 17 and 463 OR 19) north 890 39' 30" east 1 ,558.35 feet to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING 1. All oil gas , casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land , together with the right to take , remove , mine ,:_pass through and dispose of all of said oil , gas , casinghead gasoline and other hydrocarbon and mineral substances , but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 feet thereof. 2. That portion thereof lying outside that parcel of land described as Parcel Two in "Decree of Final Distribution and for Payment of Extraordinary Attorneys' Fees" for the estate of Guiseppina Jacuzzi recorded November 1 , 1984 in Book 12046 of Official Records at page 878. BS:bb ex:da56 Drainage Area 56 Lindsey Basin Right of Way Parcels 1454.2 & 1454.2T APPEMDIX "A" A portion of the North 1/2 of section 34, Township 2 North , Range 2 East , Mount Diablo Meridian , County of Contra Costa , State of California , further described as follows: PARCEL 1 (PARCEL 1454.2) Beginning at the point of intersection of the southwest line of the Southern Pacific Railroad 100 feet in width right of way, as described in the deed to San Pablo and Tulare Railroad recorded January 30, 1872 in Book 22 of Deeds at page 510 records of said County, and the south line of the parcel described in the deed to United States of America recorded March 10, 1938 in Book 463 of Official Records at page 19, records of said County from which a radial line of a curve concave to the southwest having a radius of 22,868.33 feet bears south 490 22' 19" west; thence from said point of beginning along said Southern Pacific Railroad right of way, through a central angle of 20 12' 08" an arc length of 878.91 feet to a point on the westerly boundary of the East 1/2 of said Section 34, said point also being the most northerly point of that parcel of land described as Parcel Four in the deed to Ronald E. Nunn recorded June 30, 1982 in Book 10834 of Official Records at page 480, records of said County; thence leaving said point southeasterly along the northeasterly line of said Nunn parcel (10834 OR 480) also being the southwesterly line of said Southern Pacific Railroad right of way, along the arc of curve concave to the southwest the center of which bears south 510 34' 27" west , having a radius of 22,868.33 feet, through a central angle of 00 49' 11" , an arc length of 327.17 feet to the beginning of compound curve concave to the southwest the center of which bears south 520 23' 38" west having a radius of 24,074.56 feet through a central angle of 20 49' 36" , an arc length of 1,187.70 feet; thence tangent to said curve south 340 46' 46" east 261.66 feet; thence leaving said line south 540 57' 11" west 748.95 feet; thence north 630 47' 49" west 437.00 feet; thence south 480 23' 04" west 85.00 feet to the east line of that strip of land described as Parcel Two in the "Decree for Final Distribution and for Payment of Extraordinary Attorneys' Fees" for the estate of Guiseppina Jacuzzi , recorded November 1 , 1984 in Book 12046 of Official Records at page 878, thence north 880 05' 28" west 202.41 feet; thence north 420 07' 49" west 1 ,513.56 feet; thence north 280 58' 49" west 460.00 feet; thence north 360 52' 49" west 1 ,100.40 feet to an angle point in the boundary of that parcel of land described in deed to United States of America recorded March 10, 1938 in Book 463 of Official Records at page 17, records of said County; thence along the southerly line of said U .S .A. parcels (463 OR 17 and 463 OR 19) north 890 39' 30" east 1 ,558.35 feet to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING 1. All oil gas , casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land , together with the right to take , remove , mine, pass through and dispose of all of said oil , gas, casinghead gasoline and other hydrocarbon a.nd mineral substances , but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 feet thereof. 2. That portion thereof lying west of the west line of the East 1/2 of Section 34, Township 2 North, Range 2 East , Mount Diablo Meridian. PARCEL 2 (PARCEL 1454.2T) (TEMPORARY ACCESS EASEMENT) A portion of the parcel of land described as Parcel Four in the Deed to Ronald E. Nunn, recorded June 30, 1982 in Book 10834 of Official Records at page 480, records of Contra Costa County, State of California , being the most northeasterly 50.00 feet of said parcel of land (10834 O.R. 480) . EXCEPTING THEREFROM: All of Parcel 1454.2 as described above. Containing an area of 2.157 acres of land , more or less . BS:bb ex:da561 Drainage Area 56 Lindsey Basin Parcel 1541T Temporary Access Easement APPENDIX "A PARCEL A A portion of the parcel of land described in the deed to Richard Gilmour Gall and Olga Jacuzzi Gall , recorded April 24, 1985 in Book 12285 of Official Records at page 442, records of Contra Costa County, State of California , being the most northeasterly 50.00 feet of said Gall parcel (12285 O .R. 442) . Containing an area of 0.840 acre of land, more or less . -PARCEL B A strip of land 50.00 feet in width measured at right angles lying southwesterly of and immediately adjacent to the above described 50.00 feet in width strip of land. EXCEPTING THEREFROM: All of Parcel B lying northwest of a line perpendicular to and 150.00 feet distant along the southwesterly line of Parcel B and said lines intersection with the east line of Empire Avenue. Containing an area of 5,753 square feet of land , more or less . BS:bb ex:da56.3 Drainage Area 56 Lindsey Basin Parcel 1540 Access Road APPENDIX "A" A portion of the North 1/2 of Section 34, Township 2 North , Range 2 East , Mount Diablo Meridian, County of ,Contra Costa , State of California , more specifically a portion of the parcel of land described in the Deed to the San Pablo and Tulare Railroad now known as the Southern Pacific Railroad, recorded January 30, 1872 in Book 22 of Deeds at page 510, records of said County being a strip of land 30.00 feet in width the centerline of which is described as follows: Commencing at the most easterly corner of the parcel of land described as Parcel Four in the Deed to Ronald E. Nunn recorded June 30, 1982 in Book 10834 of Official Records at page 480, records of said County,. said corner being further described as being located on the southwesterly line of said Southern Pacific Railroad right of way (22 D 510); thence leaving said point of commencement along said southwesterly line north 340 46' 46" west 1,967.34 feet to the point of beginning for the herein described strip of land; thence leaving said point of beginning across said Southern Pacific Railroad right of way north 550 13' 14" east 100.00 feet to a point on the northeasterly line of said Southern Pacific Railroad right of way, the northeasterly terminus of the herein described strip of land . Containing .an area of 3,000 square feet of land , more or less . BS:bb ex:da56.2