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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 ) RESOLUTION OF NECESSITY
For Flood Control ) No.
4 Purposes Wild Cat ) (Code of Civ. Pr, r- 6. 1.245.230)
Creek Contract 3 ) RESOLUTION NO 195/44
5 North Richmond Area
6
7 The Board of Supervisors of Contra Costa County, California as ex-officio
s governing body of the Contra Costa County Flood Control and Water Conservation
9 District by vote of two-thirds or more of its members, RESOLVES that:
10 Pursuant to West's Water Code, Appendix § 63-5 and Deering's Water
11 Code, Uncodified Acts, Acts 1656, § 5, the Contra Costa County Flood Control and
12 Water Conservation District intends to construct a flood control channel project, a public
13 improvement for flood control purposes, and in connection therewith, acquire interests in
14 certain real property.
15 The property to be acquired consists of ten parcels and is generally
16 located in the North Richmond area. The said property is more particularly described in
17 Appendix "A", attached hereto and incorporated herein by reference. Some of the
18 property sought to be acquired is property appropriated to a public use. The proposed
19 use is a more necessary public use then the use to which the property is now
20 appropriated, or a compatible public use (C.C.P. § § 1240.610, 1240.510).
21 On January 5, 1995, notice of the District's intention to adopt a resolution
22 of necessity for the acquisition by eminent domain of the property described in Appendix
23 "A" was sent to persons whose names appear on the last equalized County Assessment
24 Roll as the owners of said property. The notice specified Tuesday, January 24, 1995, at
25 11:00 a.m., in the Board of Supervisors Chambers in the Administration Building, 651
26 Pine Street, Martinez, California, as the time and place for the hearing thereon.
27 The hearing was held at that time and place, and all interested parties
28 were given an opportunity to be heard and based upon the evidence presented to it.
RESOLUTION NO. '9,5/44i
1 This Board finds, determines and hereby declares the following:
2 1. The public interest and necessity require the proposed project; and
3 2. The proposed project is planned and located in the manner which will
4 be most compatible with the greatest public good and the least private injury; and
5 3. The property described herein is necessary for the proposed project;
6 and
7 4. The offer required by section 7267.2 of the Government Code was
8 made to the owner or owners of record.
9 The District's counsel is hereby AUTHORIZED and EMPOWERED:
10 To acquire in the name of the Contra Costa County Flood Control and
11 Water Conservation District, by condemnation, the titles, easements and rights of way as
12 set forth in Appendix "A", in and to said real property or interests therein, in accordance
13 with the provisions of eminent domain in the Code of Civil Procedure and the Constitution
14 of California: Parcels 1534, 1535, 1536 and 1537 are to be acquired in fee title;
15 Parcels 1534A, 1534B, 1535A, 1536A and 1615 are to be acquired as permanent
16 easements; Parcel 1535T is to be acquired as a temporary construction easement.
17 To prepare and prosecute in the District's name such proceedings in the
18 proper court as are necessary for such acquisition.
19 To deposit the probable amount of compensation, based on an appraisal,
20 and to apply to said court for an order permitting the District to take possession and use
21 said real property for said public uses and purposes.
22 PASSED and ADOPTED on January 24, 1995, by the following vote:
23 AYES: Supervisors Rogers, Smith, DeSaulnier and Bishop
24 NOES: None
25 ABSENT: Supervisor Torlakson
26 ABSTAIN: None
27
28 2
1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board on the
4 date indicated.
5 Dated: January 24, 1995 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
6
7 By: QitiXr�.c�
8 Deputy
9
M. Public Works Department
10 Real Property Division
Auditor-Controller
11 County Counsel (certified copy)
County Administrator
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13 df: docs\wildcat.ron
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Wildcat Creek
S.P.R.R.
Parcel 1534, 1534A, 1534B
Drawing No. ED 766.8
APPENDIX "A"
PARCEL 1534: (Fee Title)
A portion of the Southern Pacific Railroad right-of-way lying within the San Pablo Rancho,
Contra Costa County, State of California, described as follows:
Commencing at the standard County monument at the intersection of the centerline of
Brookside Drive and the easterly line of the main line of the Southern Pacific Railroad right
of way as shown on the record of survey filed December 10, 1976 in Book 61 of Licensed
Surveyors Maps at page 35 records of Contra Costa County, said monument bears north
58°34'58" west 526.77 feet (record north 60001'00" west 526.78 feet) from another
standard County monument marking the centerline of Brookside Drive as shown on said
map (61 LSM 35); thence from said Point of Commencement along the easterly line of said
main line of the Southern Pacific Railroad right-of-way, south 5012'03" west 1668.35 feet
to the Point of Beginning for the herein described parcel; thence from said Point of
Beginning, leaving last said line, south 47044'27" east 126.11 feet to the east line of that
parcel of land described in the deed to Southern Pacific recorded March 5, 1946 in Book
896 of Official Records at page 131, records of said County; thence along said east line
north 5012'03" east to the centerline of Wildcat Creek; thence northwesterly along the
meander line of Wildcat Creek to the easterly line of the main line of the Southern Pacific
Railroad right-of-way; thence along said line south 5012'03"west to the point of beginning.
Containing an area of 8,080 square feet of land more or less.
PARCEL 1534A: (Permanent Easement)
A portion of the 100.00 feet in width main line of the Southern Pacific Railroad (formerly
Northern Railway) right-of-way lying within the San Pablo Rancho, County of Contra Costa,
State of California, described as follows:
Commencing at the standard County monument at the intersection of the centerline of
Brookside Drive and the easterly line of said main line of the Southern Pacific right of way
as shown on the record of survey filed December 10, 1976 in Book 61 of Licensed
Surveyors Maps at page 35 records of Contra Costa County, said monument bears north
58034'58" west 526.77 feet (record north 60001'00" west 526.78 feet) from another
Page 1 of 6
standard County monument marking the centerline of Brookside Drive as shown on said
map (61 LSM 35); thence from said Point of Commencement along the easterly line of said
100.00 feet in width main line of the Southern Pacific Railroad right-of-way, south 5012'03"
west 1524.35 feet to the Point of Beginning for the herein described parcel; thence from
said Point of Beginning continuing along said line south 5012'03" west 94.00 feet; thence
leaving said line north 84047'57" west 100.00 feet to the west line of said 100.00 feet in
width main line of the Southern Pacific Railroad right-of-way; thence along said line north
5012'03" east 94.00 feet; thence leaving said line south 84047'57" east 100.00 feet to the
point of beginning.
Containing an area of 9400 square feet of land more or less.
PARCEL 153413: (PERMANENT FLOATING ACCESS EASEMENT)
A portion of the Southern Pacific Railroad right of way lying within the San Pablo Rancho,
Contra Costa County, California, described as follows:
A nonexclusive floating access easement over a strip of land 20.00 feet in width with a
minimum 50,00 feet centerline turning radius for any turns in said access strip, extending
from the southerly boundary of the Wildcat Creek Flood Control Channel, southerly to the
northerly right of way line of the public road known as Market Avenue. The location of said
floating easement to follow driveways or access routes on said Southern Pacific Railroad
right of way as they may be located or relocated in this area from time to time or by such
other route mutually agreeable between the parties hereto.
Wildcat Creek
Bottoms
Parcels 1535, 1535T, 1535A
PTN APN 409-312-001& 409-320-011
Drawing No. ED-766.8
PARCEL 1535 (Fee Title)
A portion of that parcel of land described in the deed to William F. Bottoms et al., recorded
December 4, 1989 in Book 15515 of Official Records at page 709, Records of Contra
Costa County, State of California, described as follows:
Commencing at the standard County monument at the intersection of the centerline of
Brookside Drive and the easterly line of the main line of the Southern Pacific Railroad right
of way as shown on the record of survey filed December 10, 1976 in Book 61 of Licensed
Surveyors Maps at page 35 records of Contra Costa County, said monument bears north
58034'58" west 526.77 feet (record north 60001'00" west 526.78 feet) from another
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standard County monument marking the centerline of Brookside Drive as shown on said
map (61 LSM 35); thence from said Point of Commencement along the easterly line of said
main line of the Southern Pacific Railroad right-of-way, south 5012'03"west 1512.35 feet
to the Point of Beginning for the herein described parcel; thence from said Point of
Beginning leaving said line south 84047'56" east 210.64 feet to the beginning of a tangent
curve concave to the south, having a radius of 459.00 feet; thence along the arc of said
curve through a central angle of 0057'19" an arc length of 7.65 feet; thence south
83050'37" east 207.62 feet to the west line of the Atchison, Topeka and Santa Fe Railroad
right of way; thence along said line south 5012'03" west 117.02 feet to a point which shall
hereinafter be referred to as point "A"; thence leaving said point "A" north 83050'37" west
209.57 feet to the beginning of a tangent curve, concave to the south, having a radius of
342.00 feet; thence along the arc of said curve through a central angle of 0057'19", an arc
length of 5.70 feet; thence north 84047'56"west 110.00 feet; thence south 5012'03" west
to the centerline of Wildcat Creek; thence northwesterly along the meander of Wildcat
Creek to the east line of the said main line of the Southern Pacific Railroad right of way;
thence along said line north 5012'03" east to the point of beginning.
Containing an area of 49,502 square feet (1.14 acres) of land more or less.
RESERVING THEREFROM unto the grantor, temporary rights for ingress and egress
across a portion of the above described Parcel 1535, to expire upon construction by the
grantee of a replacement bridge and access thereto, said temporary access being
described as follows:
Commencing at the northwest corner of Parcel 1535 described above; thence along the
north line of said Parcel 1535, south 84047'56" east 134.64 feet to the Point of Beginning
of the said temporary access easement; thence, from the Point of Beginning, continuing
along the north line of Parcel 1535, south 8404756" east 42.00 feet; thence, leaving the
north line of Parcel 1535, south 5012'04" west 117.00 feet to a point on the south line of
Parcel 1535; thence, along the south line of Parcel 1535, north 84047'56" west 42.00 feet,
thence, leaving the south line of Parcel 1535, north 5012'04" east 117.00 feet to the Point
of Beginning.
Containing an area of 4,914 square feet of land, more or less.
PARCEL 1535T: (Temporary Construction Easement to expire at the end of
construction or April 30, 1996, whichever occurs first)
Beginning at point"A" as described in Parcel 1535; thence from said Point of Beginning,
along the south boundary of the above described Parcel 1535, north 83050'37" west
209.57 feet; thence along the arc of a tangent curve, concave to the south, having a radius
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of 342.00 feet, through a central angle of 0057'19", an arc length of 5.70 feet; thence
tangent to said curve north 84047'56" west 110.00 feet; thence leaving said south
boundary, south 5012'03"west 29.12 feet; thence south 84°43'08"east 216.62 feet; thence
north 81048'00" east 111.68 feet to the point of Beginning.
Containing an area of 7,755 square feet of land more or less.
PARCEL 1535A: (Permanent Floating Access Easement)
A portion of that parcel of land described in deed to William F. Bottoms, et al., recorded
December 4, 1989 in Book 15515 at page 709 of Official Records of Contra Costa County,
State of California, described as follows:
A nonexclusive floating access easement over a strip of land 20.00 feet in width with a
minimum 50.00 feet centerline turning radius for any turns in said access strip, extending
from the southerly boundary of the Wildcat Creek Flood Control Channel southerly to the
south line of said Bottoms property (15515 O.R. 709) at the northerly boundary line of the
public road known as Market Avenue. The location of said floating easement to follow
driveways or access routes on said Bottoms parcel as they may be located or relocated
in this area from time to time or by such other route mutually agreeable between the
parties hereto.
Wildcat Creek
Kuhner, et al
Parcels 1536, 1536A
PTN APN 411-020-023
Drawing No. ED 766.8
PARCEL 1536: (Fee Title)
A portion of the parcel of land described in the deed to David Kuhner, et al, recorded May
9, 1984 in Book 11780 of Official Records at page 672 records of Contra Costa County,
State of California, described as follows:
Commencing at the intersection of the east line of the Atchison Topeka and Santa Fe
Railroad (A.T.&S.F.R.R.) right of way and the southeasterly line of the parcel of land
described in the deed to Standard Pacific Gas Line Company Incorporated, a Corporation
(formerly Federal Engineering Company) recorded March 12, 1930 in Book 228 of Official
Records at page 40 records of said County; thence leaving said point of commencement
along said east line of the A.T.&S.F.R.R. right of way north 5012'03" east 146.08 feet to
the Point of Beginning for the herein described parcel; thence from said Point of
Beginning, leaving last said line, north 65012'04" east 39.62 feet; thence south 24047'56"
east to the centerline of Wildcat Creek; thence southwesterly along the meander line of
Wildcat Creek to said east line of the A.T.S.F.R.R. right of way; thence along said line
north 5012'03" east to the Point of Beginning.
Page 4 of 6
Containing an area of 3,160 square feet of land more or less.
PARCEL 1536A: (PERMANENT FLOATING ACCESS EASEMENT)
A portion of that parcel of land described in the deed to David Kuhner, et al, recorded May
9, 1984 in Book 11780 of Official Records at page 672, records of Contra Costa County,
California, described as follows:
A nonexclusive floating access easement over a strip of land 20.00 feet in width with a
minimum 50.00 feet centerline turning radius for any turns in said access strip, extending
from the northerly line of the Wildcat Creek Flood Control Channel, northerly and easterly
to the east line of said Kuhner parcel (11780 O.R. 672) at the westerly right of way line of
the public road known as Rumrill Boulevard. The location of said floating easement to
follow driveways or access routes on said Kuhner parcel as they may be located or
relocated in this area from time to time or by such other route mutually agreeable between
the parties hereto.
Wildcat Creek
Standard Pacific Pipelines
Parcel 1537
PTN APN 411-030-001
Drawing No. Ed 766.8
PARCEL 1537: (Fee Title)
A portion of the parcel of land described in the Deed to Standard Pacific Gas Line
Incorporated, a Corporation, (formerly Federal Engineering Company) recorded March 12,
1930 in Book 228 of Official Records at page 40 records of Contra Costa County, State
of California, described as follows:
Beginning at the intersection of the easterly line of the Atchison, Topeka and Santa Fe
Railroad right of way and the southeasterly line of said standard Pacific Gas line parcel
(228 O.R. 40); thence leaving said Point of Beginning along said southeasterly line north
56009'01" east 114.08 feet; thence north 24047'56" west to the centerline of Wildcat
Creek; thence southwesterly along the meander line of Wildcat Creek to the east line of
said Atchison, Topeka and Santa Fe Railroad right of way; thence along said line south
5012'03" west to the point of beginning.
Containing an area of 5,475 square feet of land more or less.
RESERVING THEREFROM unto the grantor, a floating access and utility easement over
a strip of land 10.00 feet in width (measured at right angles). The centerline of said 10.00
feet in width strip is to follow the centerline of the existing gas pipeline as it is located
within the hereinabove described PARCEL 1537 and shall extend from the east line of said
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Atchison, Topeka and Santa Fe Railroad right of way to the east line of said PARCEL
1537.
Wildcat Creek
AT&SFRR
Parcel 1615
Drawing No. ED-766.8
PARCEL 1615: (Permanent Easement)
A portion of the 100.00 feet in width Atchison Topeka & Santa Fe Railroad lying within the San
Pablo Rancho, County of Contra Costa, State of California, described as follows:
Commencing at the standard County monument at the intersection of the centerline of Brookside
Drive and the easterly line of the main line of the Southern Pacific Railroad right of way as shown
on the record of survey filed December 10, 1976 in Book 61 of Licensed Surveyors Maps at page
35 records of Contra Costa County, said monument bears north 58034'58" west 526.77 feet
(record north 60001'00"west 526.78 feet) from another standard County monument marking the
centerline of Brookside Drive as shown on said map (61 LSM 35); thence from said point of
commencement along the easterly line of said main line of the Southern Pacific Railroad right-of-
way, south 5012'03"west 1512.35 feet; thence, leaving last said line, south 68059'43" east 442.61
feet to the true Point of Beginning for the herein described parcel, said point also being a point
on the west line of said Atchison Topeka & Santa Fe Railroad (A.T.&S.F.R.R.) right of way;
thence leaving said Point of Beginning along said line north 5012'03" east 118.00 feet; thence,
leaving said west line, south 84047'57" east 40.00 feet; thence north 70007'06" east 66.24 feet
to the east line of said A.T.&S.F.R.R. right of way; thence along said line south 5012'03" west
146.08 feet; thence leaving said line north 84°47'57"west 100.00 feet to a point on the west line
of said A.T.&S.F.R.R. said point also being the point of beginning.
Containing an area of 12,643 square feet of land more or less.
C:Veal property\temp\appen.t1
February 2, 1995
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