HomeMy WebLinkAboutMINUTES - 11011988 - T.3 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS E%-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 J COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
l �
3
4 Condemnation of Property )
For Flood Control Purposes )
5 Drainage Area 56 ) RESOLUTION OF NECESSITY
Line ', Channel ) NO. 88/695
6 Antioch Area ) (Code of Civ. Proc. S 1245.230)
)
7
8 The Board of Supervisors of Contra Costa County,
9 California as ex-officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District by vote of
11 two-thirds or more of its members, RESOLVES thats
12 Pursuant to West's Water Code, Appendix S 63-5 and
13 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
14 Costa County Flood Control and Water Conservation District
15 intends to construct a flood control channel project, a public
16 improvement for flood control purposes, and in connection
17 therewith, acquire interests in certain real property.
18 The property to be acquired consists of 17 parcels and
19 is generally located in the southeast Antioch area. The said
20 property is more particularly described in Appendix "A" , attached
21 hereto and incorporated herein by reference.
22 On September 13, 1988, this Board passed a resolution
23 of intention to adopt a resolution of necessity for the
24 acquisition by eminent domain of the property described in
25 Appendix "A" (Resolution No. 88/577) and fixing 1000 a.m. ,
26 October 4, 1988, in its Chambers in the Administration Building,
27
28
RESOLUTION NO. 88/695
1 651 Pine Street, Martinez, California, as the time and place for
2 the- hearing thereon. The hearing was continued until November 1,
At
3 1988 at 11:00 a.m.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following%
8 1. The public interest and necessity require. the
9 proposed project; and
10 2. The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the least private injury; and
13 3. The property described herein is necessary for the
14 proposed project; and
15 4. The offer required by section 7267.2 of the
16 Government Code was made to the owner or owners of record.
17 The County Counsel of this County, or any Counsel
18 associated by him, is hereby AUTHORIZED and EMPOWERED:
19 To acquire in the name of the Contra Costa County Flood
20 Control and Water Conservation District, by condemnation, the
21 titles, easements and rights of way as set forth in Appendix "A" ,
22 in and to said real property or interests therein, in accordance
23 with the provisions of eminent domain in the Code of Civil
24 Procedure and the Constitution of California: Parcels 1563,
25 1564, 1565.2 and 1566 are to be acquired in fee title; Parcels
26 1563T, 1563T-1, 1564T, 1564T-1 through 1564T-5, 1565T.21
27 1565T.2-1 through 1565T.2-3 and 1566T are to be acquired as
28 temporary easement.
-2-
1 To prepare and prosecute in the District's came such
2 proceedings in the proper court as are necessary for such
j t
3 acquisition.
4 To deposit the probable amount of compensation, based
5 on an appraisal, and to apply to said court for an order
6 permitting the District to take possession and use said real
7 property for said public uses and purposes.
8 PASSED and ADOPTED on November 1, 1988, by the
9 following vote:
10 AYES: Supervisors Powers , Fanden,McPeak, Torlakson $ Schroder
11 NOES: None
12 ABSENT: None
13 ABSTAIN: None
14
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 and regularly introduced, passed and adopted by the vote of two-
17 thirds or more of the Board of Supervisors of the Contra Costa
18 County, California, at a meeting of said Board on the date
19 indicated.
20 Dated: November 1, 1988
21 Phil Batchelor, Clerk of the
Board of Supervisors and
22 County Administrator
23
24
25 Deputy
26 cc: Public Works Department
Real Property Division
27 Auditor-Controller
County Counsel (certified copy)
28 County Administrator
-3-
J Lindsey awrnel
41PFEN= "A"
A portian of the East -1/2 of Section 34, Tbwnrship 2 North, Range 2 East and
a portion of the North V2 of Section 3, Tbwnship 1 North, Rargge 2 East,
Mount Diablo Meridian lying within Contra O=ta County, Wifarnia,
described as follows:
PARCELS 3563, 1564, 1565.2 AMID 2566 - --
Ccirg at a rai 1*nae spike at the centerline of Neroly hoed
and Live Oak Road as shown an the map of Subdivision M5 264-76 filed .
September 6, 1977 in Book 57 of Parcel Maps at � 38, records, of Contra
Costa County, said rail* spike beats south 0" 33' 27" east 595.62 feet
(record south 00 28' 26" east 595.68 feet) along the centerline of Live Oak
Ibad at the point of centerline intersection with Lmxml Road as shown cn
said snap (57 PM 38) ; thence frau said point of t south 170 45'
15" east 1912.94 feet to the Point of Beginning of the following described
strip of land.
A strip of land 124.00 feet in width, the centerline of which is described
as follows:
Mwice from said Point of Beginning south 340 32' 18" east 300.00 feet to a
point which shall hereinafter be referred to as Point NA".
A strip of lard 68.00 feet in width lying 26.00 feet northeasterly card 42.00
feet southwesterly of the following described line:
Thence from said Point "A" contiraiing south 340 32' 18" east 60.27 feet;
thence southeasterly along the arc of a tangent curve, concave to the
southwest having a radius of 600.00 feet through a ventral angle of 330 25'
4011, a distance of 140.62 feet; thence tangent to said curve south 210 06'
38" east 69.50 feet; thence mtheasterly along the arc of a tangent curve,
concave to the southwest having a radius of 4070.96 feet through a ventral
angle of 20 57' 0011, a distance of 209.61 feet to a point which shall
be referred to as Point "B" from which a radial line bears south
710 50' 22" west.
A strip of ].and 74.00 feet in width lying 29.00 feet easterly and 45.00 feet
westerly of the following described line:
Mv=e from said Point "B" southerly along the arc of said curve with a
radius of 4070.96 feet, through a ventral angle of 120 40' 01", a distance
of 900.00 feet to a point Mich shall hereinafter be referred to as point
"C"' from which a radial line bears south 840 30' 23" west.
A strip of lard 70.00 feet in width lying 27.00 feet easterly and 43.00 feet
westerly of the following described line:
1
Thence from''sa.id Point "C" continuing southerly along the arc of said curve
Vith a radius of 4070.96 feet, through a central angle of 40 13' 20", a
distance of 300.00 feet to a point which shall herei rafter be referred to as
Fob* "D" from Mich a radial line beaus south 880 43' 43" rest.
A strip of Land 74.00 feet in width lying 29.00 feet easterly and 45.00 feet
westerly of the following described line: - -
Thence from said Point "D" cm*anuim southerly along the arc of said curve
with a radius of 4070.96 feet, through a o m*ral angle of 70 02' 14", a
distance of 500.00 feet to a point which shall be referred to as
Point "E" from which a radial line bears north 840 14' 03" west.
A strip of land 77.00 feet in width lying 29.00 feet easterly and 48.00 feet
westerly of the following described line:
Thence from said Point "E" continuing southerly along the arc of said curve
with a radius of 4070.96 feet, through a central angle of 50 37' 47"1, a
distance of 400.00 feet to a point which shall hereinafter be referred to as
Point "F" from which a radial line bears norh 780 36' 16" gest.
A strip of land 84.00 feet in width lying 30.00 feet easterly and 54.00 feet
westerly of the following described line:
Thence from said Point "F" ccnti ruing southerly along the aro; of said save
with a radius of 4070.96 feet, through a central angle of 50 37' 4711, a
distance of 400.00 feet to a point which shall be referred to as -
Point "G" firm which a radial line bears north 720 58' 29" west.
A strip of land 75.00 feet in width lying 29.00 feet easterly and 46.00 feet
westerly of the following gibed line:
Thence from said Point "G" continuing sahtherly along the arc of said crave
with a radius of 4070.96 feet, through a ventral angle of 40 13' 2011, a
distance of 300.00 feet to a point which shall hereinafter be referred to as
Point "H" from which a radial line bears north 680 45' 09" best.
A strip of land 85.00 feet in width lying 34.00 feet southeasterly and 51.00
feet northwesterly of the following described line:
Thence from said Faint "H" continuing southwesterly along the arc of said
curve with a radius of 4070.96 feet, through a ventral angle of 40 13' 2011,
a distance of 300.00 feet to a point which shall hereinafter be referred to
as Point "J" from which a radial line bears north 640 31' 49" west.
Thence from said Faint "J" continuing ly along the arc of said
curve with a radius of 4070.96 feet, through a ventral angle of 20 24' 33",
a distance of 171.17 feet; thence tangent to said curve, south 270 52' 44"
west 328.83 feet to a point which shall be referred to as Point
2
. i.
A strip of land 72.00 feet in width lying 29.00 feet southeasterly and 43.00
Beet rgaztImesterly of the following described line:
1'Jlnez= fr m said Point "R" cm*A wing south 270 52' 44" vast 300.00 feet to
a point which shall hereinafter be referred to as point W. -
A strip of land 77.00 feet in width lying 30.00 sa Ahmsterly and 47.00 feet
norUz�rly of the following described line: -
Thence f= said Point "L" acntirari,ng South 270 52' 44" west 368.99 feet;
thence southwesterly along the arc of a tangent save, cochcave to the
west having a radius of 500.00 feet through a central angle of 30 331 �-__ ..-
32", a distance of 31.01 feet to a point which shall hereinafter be referred
to as Point "M" f=am which a radial line beam north 580 341 04" west.
A strip of land 85.00 feet in width lying 35.00 feet southeasterly and 50.00
feet rcactha sterly of the following described line:
Thence froa said Point "M" continuing southwesterly along the arc of said
curve with a radius of 500.00 feet, through a central angle of 570 17' 45",
a distance of 500.00 feet to a point which shall hereinafter be referred to
as Point "N" frm which a radial line bears north 10 16' 29" west. Said
Point "N" is further described as bearing north 200 32' 47" west 437.73 feet
from the 1" iron pipe =mmenzt tagged C. C. Co. at the 2/4 corner for the
center of Section 3, M, RCE, M.D.M. as shown cn the map of Subdivision No.
5411 filed March 23, 1982 in Hoak 263 of Maps at page 21, said 1" iron pipe
aarum nt, bears north 880 58' 23" west from a railroad spike at the oast 1/4
corner of said section 3 as shown on said map (263 M 21).
A strip of land 76.00 feet in width lying 31.00 feet southerly and 45.00
feet northerly of the following described line:
Thence from said Point "N" westerly along the arc of said curve with a
radius of 500.00 feet, through a central angle of 50 42' 15111 a distance of
49.78 feet; thence tangent to said alive north 850 34' 04" west 850.22 feet
to a point which shall hereinafter be referred to as Point "0110
A strip of land 93.00 feet in width lying 46.00 feet southerly and 47.00
feet northerly of the following gibed line:
'Ilene from said Point "0" =htinuing north 850 34' 04" west 400.00 feet to
a point which shall hereinafter be referred to as Point "P".
A strip of land 115.00 feet in width lying 54.00 feet southerly and 61.00
feet northerly of the following described line:
Thence from said Point "P" =r Inuing north 850 34' 04" west 20.15 feet;
thence westerly along the arc of a tangent curve carrave to the south having
a radius of 500.00 feet, through a central angle of 30 28' 16", a distmnoe
of 30.29 feet; thence tangent to said curve north 890 02' 20" west 249.56
feet to a point which shall hereinafter be referred to as Point
3
t
A strip of land 85.00 feet in width lying 36.00 feet southerly and 49.00
feet rxntherly of the following described lane:
At . - -
Mmice from said Point "W continuing north 890 02' 20" gest 975.98 feet to
a point cn the westerly line of said Section 3 (TIN, IME, K.D.K.), said
point shall herel rafter be referred to as Point "R".
Said westerly line is the westerly tendmus of the above described series of
strips of land and said Point "R" is further described as bearing north 00
27' 07" east 504.27 feet from the street um mrenct at the of the
centerlines of Sand Creek Road and Lone Trm Way as shown cn the slap
entitled "A Precise Section of the Streets and Highways Plan-Contra Costa
Clomty - Precise Alignment - Ione Tree Way" reoartW September 13, 1968 in
Book 5708 of Official Reoort2s at page 456, said street aooruonment is further
described as bearing north 880 58' 23" west 830.06 feet from another street
]mx%ment as shown on said map (5708 O.R. 456).
PARMS 1563T, 1564T, 1565T.2 AND 1566T, A MMMM FASFHTT
70 E3C YDM MMEM 310, 1989 OR UPCK 03K 'i=C N OF LSIiaJC'TICP1, f uaw4m
OC CLW F=
Begirminl at the point of beginning as described above in PARRS 1563,
1564, 1565.2 AND 1566; thence from said point of beginning north 550 27' 44"
east 82.00 feet; thence south 340 32' 18" east 320.00 feet; thence south 550
27' 42" west 36.00 feet; thence south 340 32' 18" east 60.27 feet; thence
southeasterly along the arc of a tangent curve, concave to the scuthoest
having a radius of 646.00 feet through a central angle of 130 25' 40", a
distance of 151.40 feet; thr=oe tangent to said curve south 210 06' 38" east
69.50 feet; thence sa theasterly along the arc of a tangent carve, concave
to the southwest having a radius of 4116.96 feet through a central angle of
20 40' 0711, a distance Of 191.75 feet; thence radially north 710 33' 29"
east 3.00 feet to the beginning of a curve; thence southerly along the arc
of a curve, concave to the 'west having a radius of 4119.96 feet through a
central angle of 130 13' 47", a distance of 951.31 feet; thence radially
south 840 47' 16" west 2.00 feet to the beginning of a curve; thence
southerly along the arc of a curve, concave to west having a radius of
4117.96 feet through a ventral angle of 30 39' 331 , a distance of 262.99
feet; thence radially north 880 26' 49" east 2.00 feet to the beginning of a
curve; thence southerly along the arc of a curve, concave to the west having
a radius of 4119.96 feet through a central angle of 120 40' 01", a distance
of 910.84 feet; thence radially south 780 53' 10" east 1.00 feet to the
beginning of a curve; thence southerly along the art: of a curve, ccr ave to
the west having a radius of 4120.96 feet through a central angle of 60 11'
3411, a distance of 445.41 feet; thence radially north 720 41' 36" west 1.00
feet to the beginning of a curve; thence southerly along the are of a cave,
concave to the west having a radius of 4119.96 feet through a central angle
of 30 39' 3411, a distance of 263.14 feet; thence radially south 690 02' 02"
east 5.00 feet to the beginning of a curve; thence southwesterly along the
arc of a curve, concave to the northwest having a radius of 4124.96 feet
through a central angle of 40 47' 0711, a distance of 344.51 feet; thence
radially north 640 14' 55" west 3.00 feet to the beginning of a curve;
thence southwesterly along the arc of a curve, concave to the northwest
4
nom
brVin3 a radius of 4121.96 feet through a central angle of 20 07' 39", a
distance of 153.06 feet; thence tangent to said curve south 270 52' 44" vast
48.83 feet; thence north 620 07' 16" west 2.00 feet; thence south 270 52*
44" west 260.00 feet; thanoe south 620 07' 16" east 1.00 feet; thence South
270 52' 44" crest 388.99 feet; there a sauthwes-terly along the arc of a
tangent curve, concave to the Northwest having a radius of 550.00 feet
through a central angle of 10 25' 42", a distance of 12.11 fast; theme
radially south 600 51' 34" east 5.00 feet to the beginning of a curve;
thence uthwesterly along the arc of a curve, cacrave to the tnrthwast
bavinMa radius of 555.00 feet through a ventral angle of 610 52' 45" , a
distance of 599.40 feet; thence radially r=th 10 01' 21" east 4.00 feet to
the beginning of a save; thence westerly along the arc of a save, eancave ^-
to the North having a radius of 551.00 feet through a central angle of 30
24' 45", a distance of 32.82 feet; thence tangent to said crave North W
34' 04" west 830.22 feet; thence south 40 25' 56" west 15.00 feet; thence
North 850 34' 04' west 400.00 feet; thence south 40 25' 56" west 8.00 feet.-
thaws
eet;theme north 850 34' 04" west 40.15 feet; thence westerly along the arc of a
tangent save concave to the south having a radius of 426.00 feet, tb rouxgh a
central angle of 30 28' 1611, a distance of 25.81 feet; thence tangent to
said curve north 890 02' 20" wrest 269.56 feet; them north 00 57' 40" oast
18.00 feet thence north 890 02' 20" west 955.48 feet to a point 'ea the
westerly line of said Section 3 (TIN, ME, M.D.M.) ; thaws along said
westerly line, north 00 27' 07" east 56.00 feet to Point "R" as previously
described above in PARCELS 1563, 1564, 1565.2 AND 1566; thence easterly and
northerly along the described control line in said PADS 2563, 1564,
1565.2 AMID 1566 to the said point of beginning.
F.XCEPME IMIM-Mr all of the above which lies within the pr oviously- .
described PARCELS 1563, 1564, 1.565.2 AND 3566.
PARCF'.I, 1563Z-1, A TDIPCIM FASEMa 70 EXPIM EC32TEER 31,
1989 CR UPON C CMP=CN OF QONSTR UCTIC K, MUCdE'VER OCaM FAST
A portion of Parcel Fbur as said Parcel is described in the deed to Ronald
E. Nunn, Recorded June 30, 1982 in Book 10834 at page 480, Official Recons
of Contra Costa County, California, described as follows:
Oc®enc-UV at the mrLheasterly corner of said Parcel Four (10834 O.R. 480),
said point being the mon of the southerly boundary of the Southern
Pacific riot of way and the southerly line of said Parcel Four (10834 O.R.
480) thence frm said Point of Canoe- - -- nt, along the southerly line of
said Parcel Foca north 890 04' 39" west (the bearing north 890 04' 39" west
being used for the purpose of this description) 735.02 feet to the Point of
Beginning of this description:
A strip of land 50.00 feet in width, right angle measure, the southerly line
of which is described as follows:
fence fig said Point of Begirziing, con along the southerly line of
said Parcel Four (10834 O.R. 480) north 890 04' 39" west 57 0.00 feet.
5
ExcEPIMC All of the above which lies within the previously .
described V,R=S 1563, 1564, 1565.2 AND 1566 AMID PATS 1563T, M"T,
L65T.2 AMID 1566T.
FARM 1564T-1, A TDOURNU CCN FASIIMERT TO WPM =CEMBM 31•
3989 CR UPON C36LMCN OF �IZX.TICN, MUCHEVER OCA FIRST
at point "D" as said point is described above in PANS 1563,
64
15 , 1565.2 AND 1566, said point from which �
idi a radial line of a e
concave to the west bears south 880 431 43" west; thence tram Point "D"
southerly along the are of a curve having a radius of 4070.96 feet, th=Ugth
a central angle of 10 38' 57"1 a distance of 117.1.8 feet to the Point Vf
Begg of this k- -- ptian; theuhoe fram said Point of 8eguming cantinr
itg southerly along the arc of said carve with a radius of 4070.96 feet,
thtuxp a central angle of 30 05' 35", a distance of 219.77 fact; thence
leaving said nave, rmth Be 31' 45" west 138.68 feet; theme north 30 28'
15" east 88.91 feet; theme n rth 620 07' 52" east 60.00 feet; thence north
00 22' 40" east 95.00 feet; thence south 890 37' 20" east 86.76 feet to the
Point of Begirvwv.
EXCEPIMgG -12HOWI: all of the above which lies within the p rWicusly
described PAROLS 1563, 1564, 1565.2 AND 1566 AMID PARCELS 1563T, 1564T,
1565T.2 AND.1566T.
PAROL 1564T-2, A MMMAmt CCJHSTfdKZTCN FASEMENr TO EXPIRE ECCEMSER -31,
1989 CR UPCN CLNF'IEIZCN OF mxTicN, i8'IIawvm o=i is rnm
Ca at Point "D" as said point is described above in PARMS 1563.
1564, 1565.2 AND 1566; theme fnm said Point of , along the
centerline described in said PARMS 3563, 1564, 1565.2 AND 1566, southerly
an arc length of 300.00 feet to the Point of Begtrd g of this
A strip of land 20.00 feet in width, riot angle measure, the centerline of
which is described as follows:
Thexce fr m said Point of Beginning, south 890 071 02" east 1364 feet, move
or less, to a point cn the westerly riot of way line of Empire Avenue.
The northerly and southerly lines of said 20.00 feet in width strip are to
be le gUwied or W=tened to extend to the said westerly right of way line
of Empire Avenue.
E;Cc3M'I7M ARCM: All of the above which lies within the previously
described PALMS 1563, 1564, 1565.2 AND 1566 AND PARMES 1563T, 1564T,
1565T.2 AND 1566T.
PAR= 1564TH-3, A 7DGO2Amt MIUMC11W EASIINT TO E PnM WCEMM 31,
1989 aR UPCN CLI+P=CN OF CCN5I1dJCTICN, %MC HE'VER OOCM F'II�T
A strip of land 40.00 feet in width, right angle measure, the southerly
line of which is described as follows:
6
t
Beginning at the westerly tp *a; of the northerly line of MCEL 2SUT-2
described above; thence form said Point of Beginning, along tbe- mtherly
line of said PARCEL 1564T6-2, aotlth 890 071 02" east 140.00 feet.
Z)a22T +lG MuMnI: All of the above *W ch lies within the pz+ev3cusly
described FARMS 1563, 1564, 1565.2 AND 1566 AM PARCE<8 2563T, 1564T,
1565T.2 AND 1566T.
PARCEL 1564T-4, A TD%MM EASEMERr TO EXPIRE EMEEM 31,
1989 Cit UPCN OCMETIM OF iN, i4uaWV`ER OCMW FIFST
A portion of the Paroel of land described in the deed to Richard Gilmour
Gan and Olga Jacuzzi Gall, as Mees of the Gall 1978 Trust, Recorded
April 24, 1985 in Book 12285 at page 442, Official Records of Cmitra Costa
County, Califorslia, described as follows:
king at the northeasterly corner of said Jacuzzi Parcel (12285 O.R.
442); said point being the Orly corner of Parcel For as described
in the deed to Rm ld E. Nunn Recorded June 300, 1982 in Book 10834 at page
480, Official Records of Omitra Costa County, California, said point being
further gibed as the of the southerly botrdary of the
Southern Pacific right of may arra the southerly line of said Parcel Pbur
(10834 O.R. 480) ; thence from said Point of Cmmzncevent, along the norther-
ly line of said Jacuzzi Parcel (12285 O.R. 442) earth 890 04' 39" Crest (the
bearing mrth 890 04' 39" west being used for the purpose of this descrip-
tion) 735.02 feet to the Point of Beginning of this descriptian:
A strip of land 125.00 feet in width, right angle measure, the im t1 erly
line of which is described as follows:
Thence from said Point of Beginning, continuing ng along the noQtbarly line of
said Jacuzzi Parcel (12285 O.R. 442) north 890 04' 39" west 570.00 feet.
EXCEP11NG 'JIV-6=MV: All of the above which lies within the previously
described FFAR=.S 1563, 1564, 1565.2 AND 1566 AND FARMS 1563T, 1564T,
1565T.2 AND 1566T.
PARCEL, 1564T-5, A TD50RAM FAS> I 70 EXPIRE MC EKSM 31,
1989 Cit UPON CC 4K=CN OF CSMTS'TRT=CN, MIIQXVER OCCURS FnW
A portion of the Parcel of land described in the deed to Richard Gilmour
Gall and Olga Jacuzzi Gall, as Trustees of the Gall 1978 Trust, Recorded
April 24, 1985 in Book 12285 at page 442, Official Records of Omtxa Costa
county, California, described as follows:
A strip of land 50.00 feet in width, right angle measure, the southerly line
of which is described as follows:
Beginning at a point on the centerline as described above in PADS 1563,
1564, 1565.2 AND 1566, said point being the intersection of said centerline
with the southerly line of said Jacuzzi Parcel (32285 O.R. 442) ; thence from
7
said Point of Beginning, leaving the said centerline, along the southerly
line of the?ac=zi Parcel, easterly 100.00 feet.
Ik <
ARCM: All of the above which lies within the previously
described PARCELS 1563, 15641 3565.2 AMID 1566 MAID PARCEIS 1563T, 1564T,
3565T.2 AND 2566T.
PAROL 1565T.2-1, A TD5CIU RY Cts--7fLC'7CN USMOU 70 E?GM;M M=49R 31,
1989 CR DPW CCMP=CN OF maaik m Cts FIIsT
comencirig at Point "Q" as said point is described above in PARCELS ]563,
1564, 1565.2 AND 1566; thmnoe fmn wird Point of tbamea>oernt, alacng the
amsterline described in Said PARCEL64
S 1563, ]5 , 1565.2 AMID 3566, north 890
02' 20" west 390.00 feet to the Point of Beginning of this description:
A strip of land 180.00 feet in width lying 94.00 feet r therly and 86.00 -
feet southerly of the following described line: .
T}nenoe frac said Point of Begirixq =intim AM math 890 02' 20" nest 100.00
feet.
I-EPrDC THERM M: All of the above which lies within the parevicusly
described PARCELS.S. 3563, 1564, 1565.2 AND 1566 AMID PARCELS 1563T, 1564T,
1565T.2 AMID 1566T.
PARCEL 1565T.2-2, A MMPC R CCIIqM=ICK F MMW TO EaM2E I MMM 31,
1989 cR UPON CtMP=m OF 03AumC. m, maawm Ocaw FIIiST - -
Oommencing at Point "O" as said point is described above in PALS 1563,
1564, 1565.2 AND 1566; thence from Said Point of Oo mm ment, along the
centerline described in said PARCELS 1563, 1564, 1565.2 AND 1566, r=th 850
34' 04" west 153.48 feet to the Point of Beginning of this des ptim
A strip of land 178.00 feet in width lying 87.00 feet northerly and 91.00
feet southerly of the following described line:
7henoe from said Point of Beginning oorntimzi ng north 850 34' 04" west 55.00
fact.
EXCEPMC 'II is All of the above which lies within the previously
described PAFaCms 1563, 1564, 1565.2 AND 1566 AND PARCELS 1563T, 1564T,
1565T.2 AND 1566T.
PARCEL 1565T.2-3, A TDWMkrdCCN FA EM NT TO 31,
1989 CR UPON CCIMPLEPICN OF CCtZSnWMON, MMCMM O=W FIEtST
at Point "N" as said point is described above in PARmB 1563,
1564, 1565.2 AND 1566; thence frim said Point of Commencement, south 640 17'
01" east 104.02 feet to a point an the Southerly line of PARCELS 1563T,
LWAT, 1565T.2 AND I%a described above, said point being the Point of
Beginning of this description.
8
A strip of land 20.00 feet in width, richt angle m nsure, the opr►terl ne of
which is described as follows:
il wk a lrm said Point of Hegiming, south to Ol' 37" west 380 feet, me
or less to a point an the northerly right of way line of Lone True way.
Mie westerly and easterly lines of said 20.00 feet in width strip are to be
1errjt1*zod or d=tined to extend from the said northerly riot of gray line
of Lone Tree Way on the south and to the said southerly line of SUMS
1563T, 1VAT, 1565T.2 AM 1566T an the r=th.
Bearings used in the above are based on the California A)m=- - --
dinate System, Zane III, CCS 27.
-M:rs
toc:Urc1seychan
Novenber 2, 3.988
9
Lm
RESOLUTION NO. 88/695
T. 3b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 1 , 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Condemnation of Property for Flood Control Purposes,
Drainage Area 56, Line 2 Channel, Antioch area
o
This being the time fixed for hearing on the proposed
condemnation of real property needed for flood control purposes for
Drainage Area 56, Line 2 Channel, Antioch area;
Donna Dawkins, Public Works Department Real Property Agent,
explained the need for the real property, and requested that the
October 18, 1988 report of the Public Works Director be filed as part
of the record.
Ronald Nunn, Route 1, Box 200, Brentwood, owner of a portion
of the land to be condemned appeared and advised that he viewed the
issue as one of fairness, that he had worked with the County Flood .
Control Department on this project for approximately 2 years, and that
he had had a good working relationship with them. He commented that
most of the work had been to minimize the impact of the public "take"
of his property, that it appears that they may take away as much as 35
per cent of his property for public needs. He stated that his
property borders the. City of Antioch and there is a development
immediately on the border. He stated that he had a young orchard and
a modest farming operation there, that the natural contours would not
sever that operation, but the proposed channel does. He advised that
he had made an appeal to the Antioch Planning Commission but. they did
not accept his request, and they decided to put the channel in the
most practical manner from. a development standpoint, they approved the
map that borders his property and zoned the immediate border as
moderate density apartments, so theaction they have taken has
indicated that the property has to be considered in some other use .
than agricultural
Mr. Nunn advised that the City of Antioch is revising its.
General Plan, designating the property in question as future:-
residential and putting conditions on it that make it impossible to
develop until sometime after the year 2000. He stated that one of the
conditions, among others, is that 50 per cent of all building permits
in the Lone Tree and Hillcrest- assessment -districts must be pulled
before a specific plan, which is required, could be started on this
property. He stated that consequently, his property is planned by the
City of Antioch and by Flood Control to have a channel alignment in
the most efficient manner from a subdivision and development
standpoint, but in the most damaging manner from an agricultural
standpoint, yet, in Antioch' s General Plan, he is committed to
maintain this property in an agricultural environment for more than
the next decade.
Mr. Nunn stated that because of the circumstances, he is
asking 1. That the Board of Supervisors take a look at the problem
and intercede, to the point that they can, with the Antioch City
Council, suggesting that it reevaluate its position on this property;
or 2. That the channel be modified and follow the natural contours so
at least the agricultural operation he has there can be ongoing during
the interim.
Mark Evanoff, representing the Greenbelt Alliance, advised.
that he believed that it is important to follow the contours of the
land and that there be a buffer established between the urban area and.
the agricultural land, and this could best be done with a flood
control facility following natural contours. He also advised that he
thought it would be important to insure that when the facility is
built, there be trail access along the corridor so it would be
possible to walk, hike or bike from Antioch out to the new parks that
are going to be acquired in Eastern Contra Costa County. He declared
that it is important in planning that agricultural operations not have
urban pressures on them and by having a flood control channel
separating the housing development from the agricultural development,
it will keep people from wandering into the agricultural areas. He
suggested that the flood control development not be in the backyard of
apartments and homes, but rather be a focal point of the neighborhood
so people can feel free to walk along that corridor and it becomes an
attribute to the neighborhood rather than something that is hidden
away.
Supervisor Torlakson requested Milton Kubicek of the Flood.
Control Division, respond and outline the recommendation he is making
with respect to the the natural contours.
Mr. Kubicek addressed the map- and explained the location of
the proposed channel.
Supervisor Torlakson advised that he was recommending
approval of the staff recommendations in terms. of the alignment and
the footprint of the project, but that maximum efforts need to be made
to avoid the ribboning.. effect and this is in keeping with that general_
goal; and in the meantime, there is a legitimate concern of the
property owners because their now agricultural lands have for many
years been planned- in the Specific Plan of Antioch to be urban type .
development, they are being asked by the City through the City coming
to the County as. the Flood Control District, saying they have all
these houses, they have all this impact, and now they need to put an
urban facility in the midst of an area that is an interim agricultural
area and it will have an impact on the viability of that agriculture
during some waiting period until the City decides to move ahead. with
the urbanization that is planned and is their General Plan for that
area.
Supervisor Torlakson urged that as a further part of the
Board' s direction that it communicate to the City. He stated. that he
shared the concerns that Mr. Nunn expressed relating to being put in.
this waiting period. He advised that he thought this was an
appropriate area within the City' s General Plan as they outlined it
for development, but that the holding pattern is unfair to property
owners. He advised that the land is being condemned out under the
agricultural values even though it island slated for.. urban_.
development, that several court decisions had apparently forced that_
kind of direction. Supervisor Torlakson stated that a further.
concern expressed to him is that some. of the comparable properties .
that were used to determine agricultural. land value base were done out
in the Byron area which area is quite a different agricultural area
than this area. He declared that he thought that was something that
should be considered in the valuation process. He suggested that
sales in the Deer Valley area or Lone Tree area would be more .
comparable in terms of determining the value.
Supervisor Torlakson recommended approving the staff
recommendation and further underscoring direction for a message to the
City of Antioch, as well as to the Public Works and community
Development staff, that they work on the implementation of trailways
and bikeways as part of. this kind. of facility and that the City of
and bikeways as part of this kind of .facility and that the City of
Antioch be further urged to not put these people in an artificial
waiting pattern, that their urban impact should be recognized by
allowing the fulfillment of the urban development planned for the
area.
The Board unanimously adopted the Resolution of Necessity,
Resolution No. 88/695, authorizing the proposed condemnation action,
and in connection therewith, approved the aforesaid recommendations of
Supervisor Torlakson.
Supervisor Fanden discussed with staff the feasibility of
having a policy requiring individuallretention (detention) basins on
large parcels of agricultural land to provide water for agricultural.
purposes. She suggested encouraging the use of drip systems rather
than overhead sprinkler systems. She commented on the need to
conserve water, particularly with the anticipated drought. Supervisor
Torlakson agreed that the matter could be referred to the Water
Committee for review.
IT IS BY THE BOARD ORDERED that the suggestion of Supervisor
Fanden relating to a policy with respect to detention basins on large
parcels of agricultural land for irrigation purposes is REFERRED to
the Water Committee.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superuisorc on'he dale shown.
ATTESTED:._ 0- //_Z /0�O
PM.BATCHELOR,Geri cf'he Board
of Suporv:sors and County Administrator
SY (-�- - 'Deputy
cc: Public Works Director (Flood Control)
Community Development:.
County Counsel -
Water Committee
Real Property