HomeMy WebLinkAboutMINUTES - 10091990 - H.1 H.1.
1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
AS EX OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
3 FLOOD CONTROL AND WATER CONSERVATION DISTRICT
4 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes, ) NO. 90/672
5 Drainage Area 30A-Line A ) (C.C.P. § 1245 . 230 ) . u
Oakley Area
6 )
7 The Board of Supervisors of Contra Costa County,
8 California as ex officio governing body of the Contra Costa
9 County Flood Control and Water Conservation District, by vote of
10 two-thirds or more of its members, RESOLVES that:
11 Pursuant to West' s Water Code, Appendix Section 63-5
12 and Deering' s Water Code, Uncodified Acts, Act 1656 , Section 5,
13 Contra Costa County Flood Control .and Water Conservation
14 District intends to construct a flood control channel project, a
15 public improvement, and, in connection therewith, acquire
16 interests in certain real property.
17 The property to be acquired consists of 9 parcels and
18 is generally located in the Oakley area. The said property is
19 more particularly described in Appendix "A" , attached hereto and
20 incorporated herein by this reference.
21 On September 18, 1990, notice of the District ' s
22 intention to adopt ' a resolution of necessity for acquisition by
23 eminent domain of the real property described in Appendix "A"
24 was sent to persons whose names appear on the last equalized
25 County Assessment Roll as owners of said property. The notice
26 specified October 9 , 1990, at 11 a.m. in the Board of
27 Supervisors Chambers in the Administration Building, 651 Pine
28
RESOLUTION NO. 90/672
I Street, Martinez, California, as the time and place for the
2 hearing thereon.
3 The hearing was held at that time and. place, and all
4 interested parties were given an opportunity to be heard and
5 based upon the evidence presented to it, this Board finds,
6 determines and hereby declares the following:
7 1 . The public interest and. necessity require the
8 proposed project; and
9 2. The proposed project is planned and located in the
10 manner. which will be most compatible with the greatest public
11 good and the least private injury; and
12 3 . The property described herein is necessary for the
13 proposed project; and
14 4 . The offer required by .Section 7267 . 2 of the
15 Government Code was made to the owner or owners of record.
16 The County Counsel of this District' s is hereby
17 AUTHORIZED and EMPOWERED:
18 To acquire in the District's name, by condemnation, the
19 titles, easements and rights of way hereinafter described in and
20 to said real property or interests therein, in accordance with
21 the provisions for eminent domain in the Code of Civil Procedure
22 and the Constitution of California:
23 Parcels 1610, 1611., and 1612 are to be acquired as
24 permanent easements.
25 Parcels 1610T-1, 1610T-2, 1611T-1, 1611T-2 , 1612T-1 and
26 1612T-2 are to. be. acquired as temporary construction easements .
27
28
2 .
1. To prepare and prosecute in the District' s name such
2 proceedings in the proper court as are necessary for such
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 immediate possession and use
7 said real property for said public uses and purposes .
8 PASSED and ADOPTED on October 9, 1990, by the following
9 vote:
10 AYES: . Supervisors Schroder, McPeak, Torlakson and Fanden
11 NOES: None
12 ABSENT: Supervisor Powers
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 and regularly introduced, passed and adopted by the vote of two-
15 thirds or more of the. Board of Supervisors 'of. Contra Costa '
15 County,.. California, at a meeting of said Board on the date
17 indicated.
18 Dated: October 9, 1990
19
Phil Batchelor, Clerk of the Board
20 of Supervisors and County
Administrator
21
22
By:
23 Deputy
24
cc: Public Works Department
25 Real. Property Division .
Auditor-Controller
26 County. Counsel (Certified copy)
27 d M pleading\oakley.rn
28
3
Drainage Area 30A
Appendix 'A'
Parcels 1610, 1610T-1 and 1601OT-2
A portion of Parcel Two as described.in the instrument to Louis J. Del Barba recorded
November 24, 1965, in Book 5000 at page 209, Official Records of Contra Costa County,
California, described as follows:
PARCEL 1610 (Permanent Right of Way):
'Commencing at the southwesterly corner of the L. J. Del Barba 10.887 acres net parcel
as shown on the map entitled "Record of Survey Map of Property Located in the
Southwest One-Quarter of Section 25, T. 2 N., R. 2 E., M.D.B. & M., Contra Costa County,
California", filed February 10, 1967 in Book 46 of Licensed Surveyors Maps at. page 44,
Records of said County; thence from said Point of Commencement along the southerly
line of said L. J. Del Barba parcel (46 L.S.M. 44), north 890 39' 3011 east 131.03 feet to a
point which shall hereinafter be referred to as Point "G", the Point of Beginning; thence
from said Point of Beginning, leaving said southerly line of the L. J. Del Barba parcel,
north 00 48' 10" east 5.09 feet; thence, northerly and northeasterly along a tangent curve,
concave to the southeast, having a radius of 276.00 feet, through a central angle of 44°
54' 20", an arc distance of 216.32 feet; thence, tangent to said curve, north 450 42' 30"
east 44.34 feet; thence, northeasterly and easterly along a tangent curve concave to the
southeast having a radius of 276.00 feet, through a central angle of 440 39' 00", an arc
distance of 215.08 feet; thence,.tangent to said curve, south 890 38' 30" east 176.87 feet;.
thence north 00 21' 30" east 120.80 feet; thence, northerly along a tangent curve concave
to the east having a radius of 246.00 feet, through a central angle of 20 22' 33", an arc
distance of 10.20 feet to a point on the northerly line of said L. J. Del Barba parcel (46
L.S.M. 44); thence along said northerly line, non-tangent to said curve, south 890 38' 30"
east 12.01 feet to a point from which a radial line of a non-tangent curve, concave to the
east, having a radius of 234.00 feet bears south 87° 08' 39" east; thence, leaving said
northerly line, southerly along said curve, through a central angle of 20 29' 51", an arc
distance of 10.20 feet; thence; tangent to.said curve, south 0° 21' 30" west 132.80 feet;
thence north 890 38' 30" west 188.87 feet; thence, westerly and southwesterly along a
tangent curve concave to the southeast having a radius of 264.00 feet, through a central
angle of 440 39' 00", an arc distance of.205.73 feet; thence, tangent to said curve, south
450 42' 30" west 44.34 feet; thence, southwesterly and southerly along a tangent curve
concave to the southeast, having a radius of 264:00 feet, through a central angle of 440
54' 20", an arc distance of 206.91 feet; thence,tangent to said curve, south 00 4810"west
4.85 feet to a point on the said southerly line of the L. J. Del Barba parcel (46 L.S.M. 44),
said point shall hereinafter be referred to as Point "H'; thence, along said southerly line,
south 890 39' 30" west 12.00 feet to Point '.'G", the Point of Beginning.
Containing as area of 9495 square feet of land, more or less.
PARCEL 161OT-1 (Temporary Right of Way): A construction easement to expire June
30, 1991
Beginning at Point "G" described above in PARCEL 1610; thence, from said Point of
Beginning, along the general northerly boundary of PARCEL 1610, north 00 48' 10" east
5.09. feet; thence, northerly and northeasterly along a tangent curve, concave to the
southeast, having a radius of 276.00 feet, through a central angle of 440 54' 20", an arc
distanceof 216.32 feet; thence, tangent to said curve, north 450 42' 30" east 44.34 feet;
thence, northeasterly and easterly along a tangent curve concave to the southeast having
a radius of 276.00 feet, through a central angle of 440 39' 00" an arc distance of 215.08
feet; thence, tangent to said curve, south 890 38' 30" east 176.87 feet; thence north 00 21'
30" east 120.80 feet; thence, northerly along a tangent curve concave to the east having
a radius of 246.00 feet, through a central angle of 2'22' 33", an arc distance of 10.20 feet
Page 1 of 4
to a point on the northerly line of said L. J. Del Barba parcel (46 L.S.M. 44); thence, along
said northerly line, north 890 38' 30" west 9.01 feet to a point from which a radial line of
a non-tangent curve concave to the east having a radius of 255.00 feet bears south 87°
20' 59" east; thence, leaving said northerly line, southerly along said curve, through a
central angle of 20 17' 31", an arc distance of 10.20 feet; thence, tangent to said curve,
south 0° 21' 30" west 111.80 feet; thence north 89° 38' 30" west 167.87 feet; thence
westerly and southwesterly along a tangent curve, concave to the southeast, having a
radius of 285.00 feet, through a central angle of 440 39' 00", an arc distance of 222.10
feet; thence, tangent to said curve, south 450 42' 30"west 44.34 feet; thence north 440 17'
30" west 10.00 feet to a point from which a radial line of a non-tangent curve concave to
the southeast, having a radius of 295.00 feet bears south 440 .17' 30" east; thence,
southwesterly and southerly along said curve, through a central angle of 440 54' 20", an
arc distance of 231.21 feet; thence, tangent to said curve, south 00 48' 10" west 5.47 feet
to a point on the said southerly line of the L. J. Del Barba parcel (46 L.S.M. 44); thence,
along said southerly line, north 890 39' 30" east 19.00 feet to Point "G", the Point of
Beginning.
Containing .an area of 9409 squarefeet of land, more or less.
PARCEL 1610T-2 (Temporary Right of Way): A.construction easement to expire June
30, 1991
Beginning at Point "H" described above in PARCEL 1610; thence, from said Point of
Beginning, along the general southerly boundary of PARCEL 1610, north 00 48' 10" east
4.85 feet; thence, northerly and northeasterly along a tangent curve, concave to the
southeast, having a radius of 264.00 feet, through a central angle of 440 54' 20", an arc
distance of 206.91 feet; thence, tangent to said curve, north 450 42' 30" east 44.34 feet;
thence, northeasterly and easterly along a tangent curve, concave to the southeast,
having a radius of 264.00 feet, through a central angle of 440 39' 00", an arc distance of
205.73 feet; thence, tangent to said curve, south 890 38' 30" east 188.87 feet; thence
north 00 21' 30" east 132.80 feet; thence, northerly along a tangent curve concave to the
east having a radius of 234.00 feet,through a central angle of 2° 29' 51", an arc distance
of 10.20 feet to a point on the said northerly line of the L. J. Del Barba parcel (46 L.S.M.
44); thence; along said northerly line, south 89'° 38' 30" east 9.01 feet to a point from
which a radial line of a non-tangent curve concave to the east having a radius of 225.00
feet bears south 87° 02' 39" east; thence leaving said northerly line, southerly along said
curve, through a central angle of T 35' 51", an arc distance of 10.20 feet; thence, tangent
to said curve, south 00 21' 30"west 141.80 feet; thence north 890 38'30"west 197.87 feet;
thence westerly and southwesterly along a tangent curve concave to the southeast having
a radius of 255.00 feet, through a central angle of 440 39' 00", an arc distance of 198.72
feet;.thence, tangent to said curve, south 450 42' 30" west 44.34 feet; thence, south 440
17' 30" east 10.00 feet to a point from which a radial line of.a non-tangent curve concave
to the southeast, having a radius of 245.00 feet bears south 44° 17' 30" east; thence,
southwesterly and southerly along said curve, through a central angle of 440 54' 20", an
arc distance of 192.02 feet; thence, tangent to said curve, south 00 48' 10" west4.47 feet
to a point on the said southerly line of the L. J. Del Barba parcel (46 L.S.M. 44); thence,
along said .southerly line, south..890 39' 30" west 19.00 feet to.Point "H", the Point of
Beginning.
Containing an area_ of 9166 square feet of land, more or less.
Parcels 1611, 1611T-1 & 1611T-2
A portion of Parcel Two as described in the instrument to Louis J. Del Barba recorded
November 24, 1965, in Book 5000 at page 209, Official Records of Contra Costa County,
California, described as follows:
PARCEL 1611 (Permanent Right of Way):
Page 2 of 4
Commencing at the northwesterly corner of the estate of Adele Del Barba 12.194 acres
net parcel as shown on the map entitled "Record of Survey map of Property Located in
the Southwest One-Quarter of Section 25,T.2N., R.2E., M.D.B.& M., Contra Costa County,
California", filed February 10, 1967 in Book 46 of Licensed Surveyors Maps at page 44,
Records of said County; thence, from said Point of Commencement along the northerly
line of said 12.194 acre parcel (46 L.S.M. 44) north 890 39' 30" east 131.03 feet to a point
which shall hereinafter be referred to as Point "G", the Point.of Beginning; thence, from
said Point of Beginning, leaving said northerly line, south 00 48' 10" west 220.00 feet;
thence north 890 39' 30" east 1.00 feet; thence south 00 48' 10"west 202.73 feet to a point
on the southerly line of said 12.194 acre parcel (46 L.S.M. 44); thence, along said
southerly line, north 890 39' 30" east 10.00 feet; thence, leaving said southerly line, north
00 48' 10"east 202.73 feet; thence north 890 39' 30"east 1.00 feet; thence north 00 48' 10"
east 220.00 feet to a point on the said northerly line of the 12.194 acre parcel (46 L.S.M.
44), said point shall hereinafter be referred.to as Point "H'; thence, along said northerly
line, south 890 39' 30" west 12.00 feet to Point "G", the Point of Beginning.
Containing an area of 4,667 square feet of land, more or less.
PARCEL 1611T-1 (Temporary Right of Way): A construction easement to expire June
30, 1991
Beginning at Point "G" described above in PARCEL 1611; thence, from said Point of
Beginning, along the westerly boundary of said PARCEL 1611, south 00 48' 10" west
220.00 feet; thence, north 890 39' 30" east 1.00 feet; thence south 00 48' 10" west 202.73
feet to.a point on the said southerly line of the 12.194 acre parcel (46 L.S.M. 44); thence,
along said southerly line, south 890 39' 30"west 25.00 feet; thence, leaving said southerly
line, north 00 48' 10"east 202.73 feet; thence north 890 39' 30"east 5.00 feet; thence north
00 48' 10" east 220.00 feet to a point on the said northerly line of the 12.194 acre parcel
(46 L.S.M. 44); thence, along said northerly line, north 890 39' 30" east 19.00 feet to Point
"G"', the Point of Beginning.
Containing an area of 9,247 square feet of land, more or less.
PARCEL 1611T-2 (Temporary Right of Way): A construction easement to expire June
30, 1991
Beginning at Point "H" described above in PARCEL 1611; thence from said Point of
Beginning along the easterly boundary of said PARCEL 1611, south 00 48' 10" west
220.00 feet; thence south 890 39' 30" west 1.00 feet; thence south 00 48' 10" west 202.73
feet to a point on the said southerly line of the 12.194 acre parcel (46 L.S.M. 44); thence,
along said southerly line, north 890 39' 30" east 25.00 feet; thence, leaving said southerly
line, north 00 48' 10" east 202.73 feet; thence south 890 39' 30" west 5.00 feet; thence
north 00 48' 10" east 220.00 feet to a point on the said northerly line of the 12.194 acre
parcel (46 L.S.M. 44); thence along said northerly line, south 890 39' 30" west 19.00 feet
to Point "H", the Point of Beginning.
Containing an area of 9,247 square feet of land,-more or less.
Parcels 1612, 1612T-1 & .1612T-2
A portion of Parcels 3-1 and 3-2 as described in the instrument to Louis J. Del Barba
recorded November 24, 1965 in Book 5000 at page 209, Official Records of Contra Costa
County, California, described as follows:
PARCEL 1612 (Permanent Right of Way):
Commencing at the south 1/4 Corner of Section 25, Township 2 north, Range 2.east,
Mount Diablo Meridian as shown on the map entitled "Record of Survey Map of Property
located in the Southwest one-quarter of Section 25, T.2N, R.2E., M.D.B. & M., Contra
Page 3 of 4
Costa County, California", filed February 10, 1967 in Book 46 of Licensed Surveyor's
Maps at page 44, Records of said County; thence, from said Point of Commencement,
along the southerly line of the southwest 1/4 of said Section 25, south 890 39' 30" west
1262.25 feet; thence leaving said southerly line, parallel with the easterly line of the south
west 1/4 of said Section 25, north 0° 48' 10" east 668.64 feet to the northwesterly corner
of the Parcel of land shown as J. Simoni on said map (46 L.S.M. 44), said point being the
southwesterly corner of said Del Barba parcel (5000 O.R.209); thence along the southerly
line of said Del Barba parcel (5000 O.R. 209) north 890 39' 30" east 122.75 feet to a point
which shall hereinafter be referred to as Point "J", the Point of Beginning; thence, from
said Point of Beginning north 890 39' 30" east 15.38 feet to a point which shall hereinafter
be referred to as Point 'V, said point from which a radial line of a non-tangent curve,
concave to the northwest, having a radius of 27.00 feet bears north 580 00' 53" west;
thence, leaving said southerly line, northerly along said curve, through a central angle of
31° 10' 57", an arc distance of 14.69 feet; thence, tangent to said curve, north 00 48' 10"
east 449.24 feet to a point on the northerly line of said Del Barba Parcel (5000 O.R. 209,
46 L.S.M. 44); thence, along said northerly line, south 890 39' 30"west 10.00 feet; thence,
leaving said northerly line, south 00 48' 10" west 449.04 feet; thence south 33° 48' 10"
west 17.04 feet to Point "J", the Point of Beginning.
Containing an area of 4,679 square feet of land, more or less.
PARCEL 1612T-1 (Temporary Right of Way): A construction easement to expire June
30, 1991
Beginning at Point "J" described above in PARCEL 1612; thence from said Point of
Beginning, along the westerly boundary of said PARCEL 1612, north 330 48' 10" east
17.04 feet; thence north 00 48' 10" east 449.04 feet to a point on the said northerly line
of the Del Barba Parcel (46 L.S.M. 44); thence, along said northerly line, south 890 39' 30"
west 25.00 feet; thence, leaving said northerly line, south 00 48' 10" west 443.34 feet;
thence, south 660 48' 10" west 50.96 feet to a point on the said southerly line of the Del
Barba Parcel (46 L.S.M. 44); thence, along said southerly line, north 890 39' 30"east 62.29
feet to Point "J", the Point of Beginning.
Containing an area of 11,972 square feet of land, more or less.
PARCEL 1612T-2 (Temporary Right of Way): A construction easement to expire June
30, 1991
Beginning at Point 'V described above in PARCEL 1612; thence, from said Point of
Beginning, along the southerly line of the Del Barba Parcel, north 890 39' 30" east 28.91
feet; thence, leaving said southerly line, north 00 48' 10" east 463.14 feet to a point on the
said northerly line of the Del Barba Parcel (46 L.S.M. 44); thence, along said northerly
line, south 890 39' 30"west 25.00 feet to a point on the easterly line of said PARCEL 1612;
thence along said easterly line, south 00 48' 10"west 449.24 feet; thence southerly along
a tangent curve concave to the west having a radius of 27.00 feet,through a central angle
of 31° 10' 571, an arc distance of 14.69 feet to Point V% the Point of Beginning.
Containing an area of 11,594 square feet of land, more or less.
Bearings used in the above descriptions are based on the California Coordinate System
Zone III (C.C.S. 27).
NW:r8
DAWAcon.ex
January 16, 1991
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