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HomeMy WebLinkAboutMINUTES - 10192004 - C11 TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY FROM: MAURICE SIIIU, PUBLIC WORKS DIRECTOR DATE: October 19, 2004 569 SUBJECT: RESCIND Resolution No. 2004/453 and ADOPT Resolution No.2004/5 CALLING an election for confirmation of the formation of the Knightsen Town Community Services District,approval of a special tax, and election of the District's initial governing board pursuant to the amended LAFCO Resolution No. 03-13. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 569 RESCIND Resolution No. 2004/453 and ADOPT Resolution No. 2004�'5&-CALLING an election for the formation of the Knightsen Town Community Services District for the purpogo of designing,constructing, operating,maintaining and servicing flood control and water quality improvements pursuant to the amended LAFCO Resolution No. 03-13 in the Knightsen area. (District III) II. Fiscal Impact: The Resolution has no impact on the General Fund. The Resolution provides for the reimbursement of election costs by the Knightsen Town Community Services District(K.TCSD),pursuant to Election Code Continued on Attachment: x SIGNATUREX =COMMENDATION OF COUNTY ADMIN19TRATOR _RECOMMENDATION OF BOARD COMMITTEE PPROVE TITER SIGNATURES : ACTION OF BOAA#ON OCI`0BER 19, PPROVED AS RECOMMENDED xx OTHER VOTE OFF SLTPERVISORS xx UNANIMOUS{ABSENT V l AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: OCTOBER 19, 2004 GC:cW JOHN SWEETEN,Clerk of the Board of Supervisors and G:\crrl,DateM Ctr ndnvnistration,soard orders\2W4 80 County Administrator \Board Order for Knionsen CSD election-10-19-04.doc Orig.Div: Public Works Flood Control Contact: Greg Connaughtor.(925)313-2271 CAO County Counsel $Y ,Deputy SUBJECT: RESCIND Resolution No. 2004/453 and ADOPT Resolution No. 2004/509 CALLING an election for confirmation of the formation of the Knightsen Town Community Services District,approval of a special tax, and election of the District's initial governing board pursuant to the amended LAFCO Resolution No. 03-13. (District III) DATE: October 19, 2004 PAGE: 2 Section 10520 and Government Code Section 57150, if the formation of the KTCSD is approved by the voters. If the formation is not approved, Stormwater Utility Area 17 will bear the election expenses. The KTCSD will assume all costs and expenses associated with the design,construction,operation,maintenance and servicing of flood control and water quality improvements in the KTCSD. III. Reasons for Recommendations and Background: On September 27,2000,the Contra Costa County Public Works Department received a grant from the U.S.FPA for Project SDWA-CALFED-Knightsen Water Quality/Drainage Improvement Project (Assistance ID No. X-98973501-0) for the improvement of drinking water quality. The grant provided funding to: 1) study the feasibility of constructing a wetlands biofilter to improve the quality of stormwater and irrigation runoff from the Town of Knightsen and adjacent agricultural areas;2)estimate the construction cost of the biofilter and a drainage collection and conveyance system to discharge drainage water to the San Joaquin delta; and 3) assist the community in forming a community services district to pay for the construction and maintenance of the biofilter and the collection and conveyance facilities. The Board gave its consent to form the KTCSD on March 3,2003,Resolution No.2003/182. Subsequently,the Knightsen Town Advisory Council collected a sufficient number of signatures from registered voters within the proposed district to bring the formation issue to the Contra Costa Local Agency Formation Commission (LAFCO). Duly noticed public meetings,regarding the KTCSD formation,were held on January 14,2004,April 14,2004 and May 5,2004 and LAFCO approved formation of the proposed KTCSD. A protest hearing on the proposed KTCSD formation was conducted by LAFCO on July 14, 2004. LAFCO received no protests and determined that the question of forming the KTCSD could proceed to a vote. On August 17, 2004,the Board adapted Resolution No. 2004/453 calling for a mailed ballot election on January 4, 2005, on the question of forming the KTCSD in accordance with the recommendations of LAFCO and pursuant to Government Code Section 61110(b). Subsequently,at the September 15,2004,LAFCO meeting,the Knightsen Town Advisory Council requested the amendment of LAFCO Resolution 03-13 to include the ability to increase annually the maximum special tax amount that can be levied by KTCSD based on the change in the Consumer Price Index for the Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose Area. The requested change reflected the language in the Petition and the Plan for Providing Services that was approved by registered voters and formed the basis for initial consideration of the KTCSD proposal by LAFCO. LAFCO approved the requested amendment to Resolution 03-13 on September 15,2004 and requested the Board of Supervisors to call a new election to confirm the formation of the KTCSD with the amended terms and conditions. The Resolution before the Board rescinds Resolution No.2004/453 calling for an election on January 4,2005,and calls for a mailed ballot election on February 15, 2005, on the question of confirming the formation of the KTCSD, approval of a special tax, and election of the District's initial governing board in accordance with the recommendations of LAFCO and pursuant to Government Code Section 61110(b). IV. Consequences of Negative Action: Failure to adopt the Resolution will preclude the ability of the KTCSD to increase the maximum special tax levied in the district and require the mailed ballot election on January 4, 2005. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this resolution on October 19, 2004 by the following vote: AYES. SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 20041 569 SU `,J'vC-TRESOLUTION CALLING AN ELECTION FORCONFIRMATION OF THE FORMATION OF THE KNIGHT EN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT Ill) WHEREAS, a proposal for the formation of the Knightsen Town Community Services District ("District") for the purposes of constructing, operating, maintaining, and servicing flood control and water quality improvements in the Knightsen area was initiated by a registered voter petition; and WHEREAS, the territory of the proposed District encompasses approximately 5,131 acres, located east of the City of Oakley and northeast of the City of Brentwood, as described in Exhibit A attached to this Resolution, and includes approximately 720 registered voters; and WHEREAS, the formation includes a proposed special tax of$200 per year for developed parcels and$100 per year for undeveloped parcels; and WHEREAS, the Contra Costa Local Agency Formation Commission ("LAFCO") held duly noticed public hearings on January 14, 2004,April 14, 2004, and May 12, 2004 to consider the proposed formation of the District. Can May 12, 2004, LAFCO adopted resolution No. 03-13 approving the proposal with the following terms and conditions: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on GC:cw the date shown. G:\GrpData\FidCtiVAdministrationlBoard Orders12004 80 ',2004 ResoiutbnMIResclatlon For Knightsen CSD Eiection 10-18-04.doc ATTESTED: OCTOBER I9, 2004 Brig.dept.: Pudic works(aught Contra) JOHN SWEETEN,Clerk of the Board of Supervisors and Count Contac:Person:Greg Connaughion(9sW)313-2271 p Y County Administrator Administrator County Counsel AuditoriControlier By . Deputy (Flood Control) ARESOLUTION NO. 20041 569 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,ANIS ELECTION OF THE b1STRICT'S INITIAL GOVERNING BOARD. (DISTRICT 111) DATE: October 19, 2004 PAGE: Page 2 of 2 1) The formation of tyre Knightsen Town Community Se vices District is approved subject to confirmation at an election and subject to the condition of a 2/3 voter approval of a special tax of$200 per parcel for improved parcels and $100 per parcel for unimproved parcels (Government Code Section 56866(s)); 2) if the formation of the District is approved by majority vote, and if the special tax is approved by a 2/3 vote, the effective date of the proposed formation will be July 1, 2005, and that will be.the date of recordation with the Contra Costa County Clerk by LAFCO. if either the formation of the District fails to pass by majority vote or the special parcel tax fails to pass by a 2/3 vote, the proposed formation will terminate; 3) The boundary of affected territory is amended to delete a +/- 70-acres portion located within the sphere of influence of the City of Oakley; 4) The sphere of influence for the new District is established to be consistent with the District's boundaries; 5) The name of the new District will be the Knightsen Town Community Services District; 6) The District will be governed by a five-member board of directors directly elected from registered voters that have filed candidacy and reside within the boundaries of the proposed District. The three directors with the highest number of votes shall serve four- year terms, and the other two will serve two-year terms. Subsequent elections will be for four-year terms and governed by the Uniform District Election Law. The election for directors will take place at the same time that registered voters, within the same boundaries, vote their choice on the proposed District and the aforementioned special tax. WHEREAS, in Resolution No. 03-13, LAFCO advised the Board of Supervisors of LAFCO's approval of the proposed District and requested the Board to direct the Registrar of Voters to conduct the necessary election; and WHEREAS; in Resolution No. 03-13, LAFCO designated itself as the conducting authority for protest proceedings and delegated the authority to the Executive Director and directed him to give notice and conduct a public hearing on the matter pursuant to Government Code Sections 57025, 57026, and 57051; and RESOLUTION NO. 2004- 569 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT 111) DATE: October 19, 2004 PACE: Page 3 of 3 WHEREAS, acting on the delegated authority from LAFCO, the Executive Officer conducted on July 14, 2004 a properly noticed public hearing to receive protests filed against the proposed formation and, following conclusion of the hearing, found that fewer than 50 percent of the voters residing within the proposed District had filed written protests against the proposal; and WHEREAS, pursuant to Government Code Section 61110, the Executive Officer of LAFCO mailed to the Board of Supervisors a copy of LAFCO's Resolution No. 03-13 conditionally approving the District's formation, and on August 17, 2004, the Board of Supervisors adopted Resolution No. 20041453 calling an election on January 4, 2005 for the purposes of determining whether the proposed district will be formed and the proposed special tax levied on real property within the District's boundaries; and WHEREAS, on September 15, 2004, LAFCO held a further hearing to clarify that LAFCO's previous May 12, 2004 approval (LAFCO Resolution No. 03-13) should have included an inflation factor predicated upon changes in the consumer price index, and LAFCO adopted Supplemental Resolution No. 03-13 with the following additional condition: For each subsequent fiscal year, the amount of the authorized maximum tax may be increased or decreased based upon the prior year's change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland- San Jose area; and WHEREAS, in Supplemental Resolution No. 03-13, LAFCO advised the Board of Supervisors of the amendment to LAFCO's previous approval of the proposed District and requested the Board to direct the Registrar of rioters tc conduct the necessary election; and WHEREAS, pursuant to Government Code Section 61110,the Executive Officer of LAFCO mailed to the Board of Supervisors a copy of LAFCO's Supplemental Resolution No. 03-13 approving the District's formation with amended conditions and requested that the Board of Supervisors adopt and issue a revisedresolution calling an election for the purposes of determining whether the proposed district will be formed and the proposed special tax levied on real property within the District's boundaries; and WHEREAS,pursuant to Elections Code Section 10520 and Government Code Section 57150,the Knightsen Town Community Services District, if approved for formation, is required to reimburse the County for the election costs incurred in the formation election. NOW, THEREFORE, THE BOARD RESOLVES THAT. RESOLUTION NO. 2804- 569 SUBJECT': RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL.TAX,AND ELECTIONOF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT 111) DATE: October 19, 2004 PAGE: Page 4 of 4 1. Resolution No. 2004/453, which was adopted by the Board of Supervisors on August 17, 2004 and which called a mailed ballot election for January 4, 2005, is rescinded. 2. The Board of Supervisors hereby calls a special all mail ballot election for confirmation of the formation of the Knightsen Town Community Services District, approval of a special tax, and election of the District's first board of directors, which election shall be held on February 15, 2005 and conducted pursuant to Elections Code Section 4000. 3. Pursuant to Government Code Section 61116(c), the formation election and the proposal for adoption by the voters of a special tax shall be combined and presented to the voters as a single ballot proposition. 4. The ballet measure, to be submitted to all registered voters within the area described in Exhibit A attached to this Resolution, shall be substantially the following: "Shall the Knightsen Town Community Services District be formed upon an affirmative vote by two-thirds of the voters and become effective July 1, 2005 and include the territory shown in Exhibit of the Board of Supervisors Resolution and be authorized to levy up to a $200 annual tax for developed parcels and up to a $100 annual tax for undeveloped parcels for the purpose of constructing, operating, maintaining, and servicing flood control and water quality improvements?" 5. The County Clerk (Elections Department) shall conduct the election pursuant to Government Code Sections 61110-61119, 6. The ballot materials mailed to the voters shall include copies of LAFCO Resolution No. 03-13 and LAFCO Supplemental Resolution No. 03-13. 7. The County Clerk(Elections Department)and the Clerk of the Board are authorized and directed to take all actions necessary or appropriate to implement this Resolution, including: a. Publishing, posting, and mailing in a timely manner the notices of election required by Government Code Sections 61110(c), 61113(a), 61115, 57130; 57131, and 57146; and b. Determining and fixing reasonable dates prior to the election for arguments to be submitted in accordance with Government Code Sections 61113 and 57146; c. Providing notice of the date for submission of arguments and rebuttal arguments in RESOLUTION NO, 2004- 569 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT 111) DATE: October 19, 2004 PAGE: Page 5 of 5 accordance with Government Code Section 61113, 57146, and 57147; d. Receiving and selecting arguments and rebuttal arguments on the question(s)submitted to the voters in accordance with Government Code Sections 61113, 57145, and 57147; e. Conducting the election for members of the governing board of the new District in accordance with Government Code Sections 61116(a), 61200, and 57139; f. Having forms available for declarations of candidacy for District director offices in a timely manner at least 113 days prior to the January 4, 2005 mailed ballot election; g. Assembling, printing, and mailing the ballot pamphlet in accordance with Government Code Section 61114 and 57148; and h. Conducting and reporting the canvas of the ballots cast in accordance with Government Code Section 57149. 8. The proposed District shall not be formed and the special tax shall not tape effect unless the proposition is approved by two-thirds of the voters voting upon the proposition. If less than two- thirds of the votes cast at the election is in favor of forming the district, the Board of Supervisors shall declare the formation proceedings terminated. 9. Pursuant to Government Cade Section 61112, within five days of the adoption of this Resolution, the Clerk of the Board shall transmit by registered mail written notification cf the eleotion call or a certifiedcopy of this Resolution to the Executive Officer of LAFCO. 10.Pursuant to Elections Code Section 10520 and Government Code Section 57150,the Knightsen Town Community Services District, if approved for formation, shall reimburse the County for the election costs incurred in the formation election. RESOLUTION NO. 2004- 569 � ro / n u.. v / � � '�- •-f � III', , r A. ly t •°`�t 1 g a t yr } n � cl 3 Boundary Description L FCO 03-13 K ightsen Community Services District KNIGHTSEN COMMUNITY SERVICES DISTRICT An unincorporated northeastern portion of Contra Costa County, California, being all of Sections 4 and 5, and portions of Sections 2, 3, 8, 9,and 10 of Township 1 North,Range 3 East (TIN, R3E), Mount Diablo Meridian, and all of Section 32, and portions of Sections 28, 29, 33, and 34 of Township 2 North, Range 3 East (T2N, R3E),Mount Diablo Meridian, described as follows: Commencing at the west one-quarter corner of Section 29, Township 2 North, Range 3 East, Mount Diablo Meridian, being also the centerline intersection of Sellers Avenue and Cypress Road; thence along the north line of the south half of Section 29, east 2,640 feet more or less, to the centerline intersection of Cypress Road and Knightsen Avenue; thence along the, centerline of Krrightsen Ave., south 3 0 feet to the southerly right of way line of Cypress Road and the Point of Beginning; thence from said Point of Begixmisrg, along said right of way line, east 2,644 feet more or less, to the west line of Section 28 (T2N, R3E); thence continuing along said southerly right of way line, east 180 feet, more or less, to its' intersection with the northeast right of way line of the ContraCosta Canal; thence along said northeast line, south 44' 35' east 3,670 feet,more or less,to a point on the south line of said Section 28, distant thereon 2,458.9 feet from the southeast corner of Section 28;thence continuing along the northeast line of said Contra Costa Canal, south 44° 35' east 3,670 feet, more or less, to a point in Rack Slough on the north Line of the south hall`of Section 34 (T2N, R3E); thence north 89° 54' 15" east, 1,142.2 feet, more or less, to the northeast corner of the northwest quarter of the southwest quarter of said Section 34, being also the northwest corner of Baldocchi & Baldocchi property shown of the Record of Survey filed May 19, 1942 in Book 8 of Licensed Surveyors Maps at page 26; thence along the boundary of said Baldocchi property(as shown on said reap) the following 4 courses: 1) along the east line of said quarter quarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the southwest quarter of said Section.34; 2)north 89® 57' east 2,532.5 feet to the center of the southeast quarter of said Section 34; 3) south 0° 01' west 2,544.6 feet to the center of the northeast quarter of Section 3, Township 1 North, Range 3 East; 4) north 890 50' 30" east 2,033.8 feet to the southeast corner of said property; thence leaving the boundary of said property, south 0° 51 east 3,960 feet, to a point on the south line of Section 2 (TIN, R3E), distant thereon 767.4 feet from the southwest corner of said Section; thence along the south line of Sections 2 and 3 (TIN, R3E), westerly 2,090 feet, to the west line of the northeast quarter of the northeast quarter of Section 10 (TTN, R3E); thence along said west line and its' southerly prolongation, south 1° 03' 47" west 4,171.2 feet to t�e northeast right of way line of the Burlington, Northern and Santa Fe railroad; thence along said railroad right of way line the following 3 courses: 1) south 47° 01' 43" east 809.88 feet to a cunle concave to the northeast having a radius of 3,817.45 feet; 2) along the arc of said curve, southeasterly 149.8 feet, through a central angle of 20 14' 54", to a point of compound curvature Adth a tangent curve concave to the northeast having a radius of 1,909.9 feet; 3) along the arc of said curve, southeasterly 7401 feet, more or less, to the east line of said. Section 10; thence along said east line, crossing said railroad, south 01" 03' 47" west, 160 feet, more or less, to the southeast corner of said Section 10; thence along the south line of Section 10, west 5,280 feet, more or less, to the southeast corner of Section 9 (TIN, R3E); thence along the south line of said 1 Boundary Description LA.PCO 03-13 Knightsen Community Services District Section 9, west 2,900 feet,more or less, to an angle point on the north right of way line of the East Bay Municipal Utility District Mokelumne Aqueduct, described in the deed recorded November 12, 1925 in Volume 17 of Official Records at page 63 and shown on the map of Subdivision MS 13-94 filed April 25, 1996 in Parcel.Map Book 169 at page 1; thence along said north right of way line, north 69° 28' 23"west (shorn as N 68° 34' 31" W on said map) 2,575 feet, more or less, to the west line of Section 9; thence continuing along said Mokelunme Aqueduct right of way line; north 64° 48' 13" west 5800 feet, more or less, to the easterly right of way line of Sellers Avenue; thence along said easterly right of way line north 13,418 feet, more or less, to the northwest corner of the parcel of land designated "L. Donato 4.89 acs net" as shown on the Record of Survey filed April 20, 1970 in Book 52 of Licensed Surveyors maps at page 44; thence along the northerly line of said parcel south 89° 51' 45"' cast 1,291.50 feet to the northeasterly corner of said parcel; then north 1,100 feet, more or less, to the northwest comer of Parcel A as shown on the map of Subdivision MS 150-78 filed in Parcel Map Boole 76 at page 7; thence along the north line of said Parcel A, east 669.24 feet; thence along the east line of Parcels A and B of said map, and their southerly prolongation, south 694 feet; thence east, 650 feet more or less to the centerline of Knightsen Ave; thence along said centerline,north, 1,320 feet to the Point of Beginning. Containing an area of 5,131 acres,more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. � D SCf Signator : S A James A. Stein,PLS 6571 EXP.9/30/X � .Associate County Surveyor L.S.6571 Contra Costa County Public`works Department OF C Date: cf ' Ap r d as to form and survey content. ZWE - �, Rene 7-wemrner PLS 5999 Deputy County Surveyor 'k Exp. 12-31-04 License Expiration Date: 12./31/2004 No.5999 FC f ' C:1 rpL'ata\Design`SUR'%SYS\."ightsen Cmnr=- *rvsemces Disinctdoc RZJs August 4,2004 r PR0OF OF PUBLICATION (2015.5 C.C.P,( 1" STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested to the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: October 22 all in the year of 2004 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 2 Oay of,October, 200 Signature Contra C447 a Times P O Box Walnut Creek, CA 94596 (925)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 20 jades Drive Martinez,CA 94553 NOTICE IS HEREBY GIVEN that the Board of Supervi- sors of Contra Costa Coun- ty n Octoberr 19 2C04s callinng a speciai all .11 ballot electlon for confirmation of the formation of the KnghtsenTownCommuni- ofIesDistrict, lilapal apecataxod election of the District's first board of directors, which election shall be held on February 15,20115. The Knigghtsen Town Com- munity Services District is proposed for the purpose of constructing,operating, maintaining and servlcing flood control and water quality Improvements In the Knightsen area. The boundary of the KnI ftsen Town Communi- ty Services District is de- scribed generally as fol- lows: The pro osed District Is bounce, on the north by Cypress Road,the Contra Costa Canal and Rock Slough on the east by the westerly lines of Reciama- tion District 2655 (Veale Tract) and Reclamation District 2121 (Blxier) on the south by Orwood Road and the East Bay Munlcl- i�al Utility District Moke- umne Aqqueduct, and on the west by Sellers Aven- ue. The boundary of the Knightsen Town Communi- ty Services District is more particularly descrl- bed as follows: Commencing at the west onevarter corner of Sec- tion 29,Township 2 North Range 3 East, Mount Diablo Meridlan,being al- so the centerilne Intersec- tion of Sellers Avenue and Cyypress Road, thence atong the north line of the south half of Section 29, east 2,646 feet more or less,to the centerline in- tersection of Cypress Road and Knightsen Ave- nue, thence along the centerilne of Knightsen Aye. south 30 feet to the sou Yl�erly right of way line of Cypress Road and the Point of 8 inning thence from said Point of Begin- ning, along said right of way tine east 2;84b feet more or less to the west line of Section 28 (T2N, R3E); thence continulng along said...therey rtpftt of way line,east 1 0 feet, more or less to its'Inter- section with he northeast right of way line of the ContraCosta Canal; thence along said north- east line, south 44` 35' east 3.670 feet, more or less, to a otnt on the south line of said Section 28,distant thereon 2 458.9 feet from the southeast corner of Section 28; thence continuing along the northeast line of sal Contra Costa Canal south 44' 35` east 3,676 feet, more or fess,to a point in Rock Slough on the north line of the south half of Section 34 (T2N, R3E)• thence north 89° 54' IT east,2,142.2 feet,more or less,to the northeast cor- ner of the northwest quar- ter of the southwest quar- ter of said Section 34,be- ing also the northwest cor- ner of Baldocchl&Baidoc- chi property shown of the Record of Survey flied May 19,1942 In Book 8 of Licensed Surveyors Maps at pagpe 26• thence &=g the pare of said Baldocchi property (as shown on said map) the following 4 courses- 1) along the east line of said quarter quarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the south- west quarter of said Sec- tion 34; 2) north 89° 57' east 2,532.5 feet to the cen- ter of the southeast car- ter of said Section 34 3) south 01 01' west 2,544.6 feet to the center of the northeast quarter of Sec- tion 3,Township 1 North Range 3 East; 4)north 89' 50'30"east 2,033.8 feet to the southeast corner of said property;thence leav- Ing the boundary of said property,south 0, 51 east 3,960 feet to a point on the south line of Section 2 (TIN RM,distant thereon T67.4 feet from the South- west corner of said Sec- tion; thence along the south tine of Sections 2 and 3(TIN,R3£),westerly 2,090 feet,to the west line of the northeast quarter of the northeast quarter of Section 10 (TIN R3E); thencealong said west fine and Its'southerly pro- longation south 1°03'47" west 4,1h.2 feet to the northeast ri ht of way line of the"Burl ington, North- ern and Santa Fe ral3road• thence along said railroad right of way tine the fol- towlnq 3 courses: 1)south 47101 43"east 809.88 feet to a curve concave to the northeast having a radius of 3,817.45 feet; 2)along the arc of said curve, southeasterly 145,8 feet through a central angle of 2° 14 54", to a point of compound curvature with a tangent curve concave to the northeast having a radius of 1,909.9 feet; 3) along the arc of said curve, southeasterly 740 feet, more or fess,to the east line of said Section 10;-thence.along sal6 east line, 'crossing said rail- road, south 01° 03' 47" west, 360 feet more or less,to the southeast cor- ner of said Saction 10; thence along the south line of Section 10, west 5,280 fee more or less,to the sout�ast corner of Section 9 (TIN, ME); thence along the south Ilne of said Section 9,west 2,900 feet,more or less,to an angle point on the north right of wa�yy11M31of the East Bay Municipal Utlilty District Mokelumne Aqueduct, described In the deed recorded Novem- ber 12,1925 in Volume 17 of Ciffic!at Records at page 63 and shown on the map of Subdivision MS 13-94 filed April 25 1996 In Par- cel Map Book 169 at p, e 1;thence along said noIx right of way tine,north 69" 68"34'31"W osnsa d mn) 2 575 feet more or less,go the west line of Section 9; thence continuing along said Mokelunme Aqua- duct rigght of way line, north 6d'48`13"west 5800 feet, more or less,to the easterly rlZ of way tine of Sellers Avenue;hence along said easterly right of way tine north 13,818 feet more or less, to the noRt west corner of the parcel of land designated t.Donato 4.89 acs net' as shown on the Record of Survey filed April 20, 1970 In Book 52 of Llpcensed Sur- veyors reaps at paga A4; thence alo the norther) line of said parcel south 89° 51' 45" east 1,291.50 feet to the northeasterly corner of said parcel;then north 1,100 feet, more or less,to the northwest cor- ner of Parcel A as shown on the map of Subdivision MS 150;8 flied in Parcel Map Book 76 at page 7; thence along the north tine of said Marcel A,east 669.24 feet; thence along the east line of Parcels A and B of said map, and their southerly prolonga- tion, south 694 feet; thence east,550 feet more or less to the centerline of Knightsen Ave; thence along said centerline, north, 1320 feet to the Point of degtnning. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN SWEETEN Clerk of the Board of Su ervisors And County Adpministrator BY:EMY L.SHARP Deputy DATED:OCTOBER 19,2004 Legal CCT 1297 Publish October 22,2004