HomeMy WebLinkAboutMINUTES - 11031987 - T.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _ November 3 , 1987._, by the following vote:
AYES:; Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing on the Proposed Condemnation of Real Property
Required for the Lindsey Basin Project, Contra Costa
County Flood Control and Water Conservation District,
Drainage Area 56
The Chair convened the hearing on the proposed condemnation
of real property for the Lindsey Basin Project for a storm water
detention basin in the Antioch area.
M. Kubicek, Deputy Public Works Director, spoke on the scope
of the project and its proximity to the proposed Delta Expressway.
Ronald Nunn, Rt. 1, Box 200, Brentwood, advised that even
though he supported the Project, he suggested that construction on
the basin be deferred pending completion of the study by John Crow
Engineering on the alignment of the proposed Delta Expressway. He
advised of the potential burden to him with an unsatisfactory
alignment of the channel and Delta Expressway.
Rudy Jacuzzi, (representing the Rosie Jacuzzi Ranch located
on Empire Avenue) , P. 0. Box 885, Benicia, CA 94510 , advised that
the easement being proposed traverses the water supply system
serving the entire ranch. He requested assurance that during the
construction phase of the basin, there would be no disruption of
water for irrigation purposes. He referred to a second concern in
that the easement traverses an alphalfa field which would have to
be replanted after the Lindsey Basin has been completed and the
costs associated with preparing and replanting that area. Mr.
Jacuzzi also referred to the study being conducted to insure best
alignment of the Expressway with the channel with the goal of
eliminating the possibility of a land ribboning effect. He re-
quested a delay in approving the acquisition of property for the
Lindsey Basin pending completion of the study on the Delta Express-
way.
Remo Jacuzzi, Rt. 1, Box 134, Oakley, expressed concern with
an access road to his property. He advised that even though he was
given a proposal for the acquisition of his access road, he ex-
pressed concern that he was not given a revised proposal because of
changes made.
All personsdesiring to speak having been heard, IT IS BY THE
BOARD: ORDERED that the hearing is CLOSED.
Supervisor Torlakson stated that the Board is not in a posi-
tion to determine the economic value of the land but expressed a
desire that consideration be given to Mr. Jacuzzi ' s concerns about
his ability to farm land and the potential loss of production in
the final resolution of values. He spoke of the critical question
of timing and the potential ribboning of the property by the two
public works projects.
Mr. Kubicek spoke of the meetings with the property owners
and representatives of the City of Antioch and CALTRANS to discuss
the issue of the placement of the Delta Expressway and the place-
ment of the channel in relation to the Expressway and the detention
basin. He expressed confidence in being able to address the
concerns of all parties to affect a satisfactory and coordinated
alignment of the two projects.
Supervisor Torlakson recommended that the resolution of
necessity state that the temporary easement is for construction
only. He further recommended that the District staff follow
certain guidelines regarding construction on the property as
follows:
1. The temporary construction easement should not be used
for hauling material or debris out;
2. The District staff should replace any existing irrigation
lines that are damaged by the construction so that the
farm operations of the property owners are not affected;
and
3 . That staff in determining the values to be paid to the
property ,owners give consideration to the economic loss
caused by heavy equipment.
IT IS BY THE BOARD ORDERED that the recommendations of
Supervisor Torlakson are APPROVED and Resolution 87/681 ADOPTED.
1 hereby certify tfmt:his is c trv'-_4 rnd torr•c:co;)y of
an action taken and entered on the �i Jnrjte's of the
Boa.,d of Supervisors on the sof:;Shown.
ATTES i ED: ,:3. Ize-1 Z
Pf"Ai€. DA i.r'.HEICIP. Cic=rIz of .'•`.e Board
CC: Public Works Director of supe:vi o[•s and Court;_Qd ,ini:,iraEor
Flood Control
County Counsel By , DepuYy
Auditor-Controller
County Administrator
Real Property Div.
LUORRl C'TED COPY.' 'f 3
PLEASE DESTROY
PREVIOUS IS UR
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
Condemnation of Property )
4 For Flood Control Purposes ,
Drainage Area 56-Lindsey Basin )
5 Project #7566-6D8442 ) RESOLUTION OF NECESSITY
Antioch Area ) NO. 87/681
6 --------------------------------) (C.C.P. Sec. 1245.230)
7 The Board of Supervisors of Contra Costa County, California,
8 as ex-officio governing body of the Contra Costa County Flood
9 Control and Water Conservation District by vote of two-thirds or
10 more of its members., RESOLVES that :
11 Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s
12 Water Code, Uncodified Acts . Act 1656, S 5 , Contra Costa County
13 Flood Control and Water Conservation District intends to construct
14 a flood control detention basin project , a public improvement , for
15 flood control purposes , and , in connection therewith , acquire
16 interests in certain real property .
17 The property to be acquired consists of four (4) parcels
18 and is generally located in the Southeast Antioch area. The
19 said property is more particularly described in Appendix "A" ,
20 attached hereto and incorporated herein by reference. Some of the
21 property sought to be acquired is property appropriated to a
22 public use; the proposed use is a more necessary public use than
23 the use to which the property is now appropriated (C.C.P. S
24 1240. 610) , or a compatible public use (C.C.P. S 1240. 510) .
. 25 On October 13 , 1987 , this Board passed a resolution of inten-
26 tion to adopt a resolution of necessity for the acquisition by
27 eminent domain of the property described in Appendix "A"
28 (Resolution No. 87/617 ) and fixing 10 : 30 a.m. , November 3, 19879
RESOLUTION NO. 87/681
1 in its Chambers in the Administration Building, 651 Pine Street ,
2 Martinez, California, as the time and place for the hearing
3 thereon.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and based
6 upon the evidence presented to it , this Board finds , determines
7 and hereby declares the following:
8 1 . The public interest and necessity require the proposed
9 project ; and
10 2 . The proposed project is planned and located in the manner
11 which will be most compatible with the greatest public good and
12 the least private injury; and
13 3 . The property described herein is necessary for the pro-
14 posed project ; and
15 4 . The offer required by Section 7267 . 2 of the Government
16 Code was made to the owner or owners of record.
17 The County Counsel of this County, or his designee , is hereby
18 AUTHORIZED and EMPOWERED:
19 To acquire in the County' s name , by condemnation, the titles ,
20 easements and rights of way hereinafter described , in and to said
21 real property or interests therein , in accordance with the provi -
22 sions for eminent domain in the Code of Civil Procedure and the
23 Constitution of California: Parcels 1453 . 2 and 1454. 2 are to be
24 acquired in fee title, Parcel 1540 is to be acquired as a permanent
25 easement , Parcels 1454. 2T and 1541T are to. be acquired as tem-
26 porary construction easements .
27 To prepare and prosecute in the County' s name such proceedings
28 in the proper court as are necessary for such acquisition;
.. -2-
1 To deposit the probable amount of compensation, based on an
2 appraisal , and to apply to said court for an order permitting the
3 County to take inrnediate possession and use said real property
4 for said public uses and purposes .
5 PASSED and ADOPTED on November 3, 1987 , by the following vote :
6 AYES : Supervisors Powers , Fanden, Schroder, Torlakson & McPeak
7 NOES : None
8 ABSENT: None
9 ABSTAIN: None
10 I HEREBY CERTIFY that the foregoing resolution was duly and
11 regularly introduced, passed and adopted by the vote of two-thirds
12 or more of the Board of Supervisors of Contra Costa County ,
13 California, as ex officio governing body of the Contra Costa
14 County Flood Control and Water Conservation District at a meeting
15 of said Board on the date indicated.
16 Dated: November 3 , 1987
Phil Batchelor , Clerk of the
17 Board of Supervisors and County
Administrator
18
19
Deputy
20
cc: Public Works Department ,
21 Real Property Division
Auditor-Controller
22 County Counsel (Certified Copy)
23 County Administrator
24
25
26
27
28
-3-
Parcel 1453.2
Drainage Area 56
Lindsey Basin
Right of Way
APPENDIX "A"
A portion of the North 112 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, IE72 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 alon�
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 112 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 1C834 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' 360 , 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' ll" west 748.95
feet; thence north 63° 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
I. 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, pinepass_ through__and di;.po_se__of_,.alj_Qf_
,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.
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Drainage Area 56
Lindsey Basin
Right of Way
Parcels 1454.2 a 1454.2T
APPENDIX "A"
A portion of the North 112 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 2
12' 08" an arc length of 878.91 feet to a point on the westerly boundary of .
the East 112 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 4801 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 Jacuzz i, 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 west of the west line of the East 112 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 .
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Drainage Area 56
Lindsey Basin
Parcel 2541T
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, 1965 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 Q.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 .
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r.
Drainage Area 56
Lindsey Basin
Parcel 1540
Access Road
APPENDIX "A"
A portion of the North 112 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 .
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