HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-663 i
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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for Public RESOLUT ON OF NECESSITY
Road Purposes State Route 4 West Gap No. 99/
4 Pro ect ITercules Area (C.C.P. ec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
6 more of its members,RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets &Highways Code Sections
8 760 and 943, Contra Costa County through a joint exercise of powers with the Contra Costa
9 Transportation Authority and Caltrans intend to construct a road project, a public improvement,
10 that consists of adding two new lanes,which will carry westbound traffic,north of the existing,
11 two lane highway more commonly known as Franklin Canyon Road in the Hercules area, and, in
12 connection therewith, acquire interest in certain real property.
13 The properties to be acquired consist of 6 parcels and are generally located in the
14 Hercules area. The said properties are more particularly described in Appendix"A", attached
15 hereto and incorporated herein by this reference. Parcel 2 is being acquired pursuant to Code of
16 Civil Procedure section 1240.350. A previous acquisition for this project took the leach field of
17 another property owner(Asbury Graphite). The acquisition of Parcel 2 is reasonably necessary
18 and appropriate to restore this utility service to Asbury Graphite. Parcels 3 and 4 are being
19 acquired from C.S. Land Inc.because C.S. Land Inc. claims that they have been left in such size,
20 shape and condition as to be of little market value. The acquisition of these parcels is made
21 under the authority of Code of Civil Procedure Section 1240.410.
22 On November 24, 1999,notice of the County's intention to adopt a resolution of
23 necessity for acquisition by eminent domain of the real property described in Appendix"A"was
24 sent to persons whose names appear on the last equalized County Assessment Roll as owners of
25 said property. The notice specified December 14, 1999, at 9:00 a.m. in the Board of Supervisors
26 Chambers in the Administration Building, 651 Pine Street,Martinez, California, as the time and
27 place for the hearing thereon.
28 The hearing was held at that time and place, and all interested parties were given an
RESOLUTION NO. 99/663
I opportunity to be heard and based upon the evidence presented to it,this Board finds, determines
2 and hereby declares the following:
3 1. The public interest and necessity require the proposed project, and
4 2. The proposed project is planned and Iocated in the manner which will be most
5 compatible with the greatest public good and the least private injury; and
6 3. The property described herein is necessary for the proposed project; and
7 4. The offer required by Section 7267.2 of the Government Code was made to the
8 owner or owners of record.
9 5. The acquisition of Parcel 2 is reasonable and necessary under Code of Civil
10 Procedure § 1240.350 to provide utility service to Asbury Graphite.
11 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
12 To acquire in the County's name,by condemnation,the titles, easements and rights of
13 way hereinafter described in and to said real property or interest(s)therein, in accordance with
14 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
15 California:
16 Parcels 1,2, 3, and 4 are to be acquired in fee title.
17 Parcels 5 and 6 are to be acquired as permanent easements.
18 To prepare and prosecute in the County's name such proceedings in the proper court as
19 are necessary for such acquisition;
20 To deposit the probably amount of compensation based on an appraisal, and to apply to
21 said court for an order permitting the County to take immediate possession and use said real
22 property for said uses and purposes.
23 PASSED and ADOPTED on December 14, 1999,by the following vote:
24 AYES: "HWIM G10M, MMM, MM, EMU= ard MMUA
25 NOES: ME
26 ABSENT: 3
27 ABSTAIN: NM
28 III
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RESOLUTION N0. 991663
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2 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
3 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
4 Costa County,California, at a meeting of said Board of Supervisors of Contra Costa County,
S California,at a me ing of said Board on the date indicated above.
6 ATTESTED: ,�✓'
PHIL BATCHELOR-,ti"of the Board .
of Supervisors and CountyAdmirftator
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14 Orig. Dept: Public Works Department (RIP)
Contact: Karen A Laws(313-2228)
15 Auditor-Controller
County Counsel(Certified copy)
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tP\c0NDEM MemWcz. d
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RESOLUTION NO. 99/663
APPENDIX "A"
State Route 4 Gap
TOSCO Corporation
PARCEL 1 (,56445-10) - FEE
Tosco Corp. (rev. 9122199)
Real property situated in the Rancho El Pinole, being a portion of those parcels
of land described in the instrument to Tosco Corporation (Tosco) recorded April 22,
1997, Series No. 94-159097 records of Contra Costa County, State of California,
described as follows:
Commencing at the intersection of southeasterly line of said Tosco parcel and the
northerly line of State Route 4 as described in deed to Contra Costa County
recorded February 10, 1920 in book 362 of Deeds at page 292, Official records of
said County; thence along said southeasterly line North 51036'50" East, 65.434
meters to the Point of Beginning for the herein described parcel; thence leaving
said line and point North 62020'15"West, 50.445 meters; thence North 15056'10„
West, 20.026 meters; thence South 64016'35" East, 71.412 meters to the
southeasterly line of said Tosco parcel; thence along said line South 51036'50"
West, 18.513 meters to the Point of Beginning for the herein described parcel .
Containing an area of 958 square meters, more or less
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone ill (1991.35 HPGN). Multiply distances
shown by 1.040064 to obtain ground distances.
PARCEL 2 (56445-21) - FEE CL.eachfield Parcel)
Tosco Corp. 9122199
Real property situated in the Rancho El Pinole, being a portion of those parcels
of land described in the instrument to Tosco Corporation (Tosco) recorded April 22,
1997, Series No. 94-189097 records of Contra Costa County, State of California,
described as follows:
Commencing at the intersection of southeasterly line of said Tosco parcel and the
northerly line of State Route 4 as described in deed to Contra Costa County
recorded February 10, 1920 in book 362 of Deeds at page 292, Official records of
said County; thence along said southeasterly line North 51036'50" East, 85.434
meters; thence leaving said line North 62112015" West, 50.045 meters; thence
North 15056'10" West, 20.026 meters; thence North 65°17'42" West, 35.400
meters to the Point of Beginning for the herein described parcel; thence continuing
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along said line North 65017'02" West, 17.250 meters; thence North 64°41'26"
West, 100.909 meters; thence North 56004'43" West, 20.034 meters; thence North
64043'52" West, 19.566 meters; thence North 56001'04" West, 19.597 meters;
thence North 25018'34" East, 4.591 meters; thence South 60038'40" East, 22.556
meters; thence North 79035'56" East, 23.328 meters; thence North 37042'07„
East, 19.896 meters; thence South 561,09'08" East, 121.984 meters; thence
South 1017'15"West, 25.947 meters to the Point of Beginning.
Containing an area of 4,579 square meters more or less
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone III (1991.35 HPGN). Multiply distances
shown by 1.000064 to obtain ground distances
PARCEL 3 (,56457-URI)
(revised 11/01/99)
C.S. Land Inc. (Formerly Claeys)
Real property situated in the Rancho El Pinole, being a portion of that parcel
of land described in the deed to C. S. Land Inc. ,a California corporation recorded
June 11, 1998, Series No. 98-133024, records of Contra Costa County, State of
California, described as follows:
Commencing at the most northerly corner of the parcel of land described in the
Final Order of Condemnation, State of California vs. Claeys, recorded April 24,
1984 in Book 11756 at Page 440 records of said County; thence along the
northeasterly line of said parcel, South 10041'40" East, 31.297 meters; thence
North 89059'55" East, 38.783 meters to the Point of Beginning of this description;
thence North 0024'28" East, 24.334 meters; thence North 2038'18" West, 21.334
meters; thence North 77056'27" East, 44.478 meters; thence South 41131'13" East,
29.804 meters; thence South 63027'02" East, 11.114 meters; thence South
58055'33" East, 89.375 meters; thence South 68017'05" East, 28.748 meters;
thence South 7731'39" East, 105.225 meters; thence North 81008'55" West,
71.619 meters; thence along a non-tangent curve concave southwesterly and
having a radius of 298.706 meters, a radial to which bears North 8050'52" East,
through a central angle of 4003'16" and an arc length of 21.136 meters; thence
North 79°29'47" West, 141.722 meters; thence North 80036'22" West 29.965
meters; thence North 1°12'31" West, 15.000 meters to the Point of Beginning
Containing an area of 6383 square meters more or less
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone Ill (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances
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PARCEL 4 (56457-UR2)
(revised 11/0 1/99)
C.S. Land Inc. (Formerly Claeys)
Real property situated in the Rancho EI Pinole, being a portion of that parcel
of land described in the deed to C. S. Land Inc. ,a California corporation recorded
June 11, 1998, Series No. 98-133024, records of Contra Costa County, State of
California, described as follows.
Commencing at the most northerly corner of the parcel of land described in the
Final 0)rder of Condemnation, State of California vs. Claeys, recorded April 24,
1984 in gook 11756 at Page 440 records of said County; thence along the
northeasterly line of said parcel, South 10041'40" East, 31.297 meters; thence
North 89059'55" East, 38.783 meters; thence North 0024'28" East, 24.334 meters;
thence North 2038'18" West, 21.334 meters; thence North 4015'18" West, 18.043
meters to the Point of Beginning of this description; thence North 4015'18" West,
10.305 meters; thence North 1028'30" West, 37.474 meters; thence along a non-
tangent curve concave southeasterly and having a radius of 13.500 meters, a
radial to which bears South 85028'47" West, through a central angle of 90000'00"
and an arc length of 21.206 meters; thence North 85028'47" East, 28.081 meters;
thence South 4031'13" East, 53.202 meters; thence South 60018'43" West, 48.626
meters to the Point of Beginning.
Containing an area of 2668 square meters more or less
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone III (1991.35 HPGN). Multiply distances
shown by 1.0100060 to obtain ground distances
PARCEL 5(56459-11) Utility Easement
(Revised 11/04/99)
C.S. Land Inc. (Formerly Claeys)
Real property situated in the Rancho El Pinole, being a portion of that parcel of
land described in the deed to C. S. Land Inc., a California corporation recorded
June 11, 1998, Series No. 98-133022, records of Contra Costa County , State of
California, described as follows:
An easement for Utility purposes and incidents thereto upon, over, and across that
certain real property described as follows:
Commencing at the intersection of the east line of said C.S. Land Inc. parcel
(series no. 98-133022) and the southerly line of State Route 4 as described in the
Acceptance of Deed for Highway Purposes to Contra Costa County, recorded
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April 5, 1920 in Road Book Volume 4 at page 200, records of said county; thence
along the southerly line of said State Route 4, North 6605537"West, 88.823
meters to a curve concave southerly, having a radius 283.447 meters thence
along said curve through a central angle of 23052'19", an arc distance of 118.096
meters; thence South 89011'04"West, 71.974 meters; thence South 7007'39"
West, 119.375 meters to the Point of Beginning for the herein described parcel;
thence North 17007'39" East, 6.467 meters; thence South 7252'21" East, 5.878
meters; thence South 17007'39"West, 10.805 meters; thence South 621,26'25"
West, 8.928 meters; thence North 27033'35"West, 7. 217 meters; thence North
62026'25" East, 7.799 meters to the Point of Beginning.
Containing an area of 111 square meters, more or less.
PARCEL 6 (56459-12) - Utility Easement
An easement for Utility purposes and incidents thereto upon, over, and across that
certain real property described as follows:
Commencing at the Point of Beginning in the hereinabove described PARCEL 1
(56459-11); thence South 62026'25" West, 66.714 meters; to the Point of
Beginning for the herein described parcel; thence North 6202625" East, 5.959
meters; thence South 0000'46" East, 8.023 meters; South 62026'25" West, 4.500
meters; thence South 89059'14" West, 6.500 meters; thence North 0000'46" West,
7.348 meters; North 89059'14" East, 5.207 meters to the Point of Beginning.
Containing an area of 80 square meters, more or less.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83)Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances
Bs/KAL/csp
G:grpdata\rea1prop\SR4 GARTOSCOLEGALS Rev.doc
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO. }
}
Ofce of the County Counsel )
Contra Costa County )
County Administration )
P.O. Box 69 )
Martinez, CA 945453 )
MAIL TAX STATEMENTS TO: }
)
Jerrold N. Henry and Ruth C. Henry )
19685 San Ramon Valley Boulevard }
San Ramon, CA 94583 }
Resolution 99/667
CONSERVATION EASEMENT
(Civil Code §§ 815 et seq.)
A. WHEREAS, Jerrold N. Henry and Ruth C. Henry, as trustees of the
Jerrold N. Henry and Ruth C. Henry Trust, 1989 ("Grantor"), is the owner in fee simple of
certain real property located in the County of Contra Costa, State of California, commonly
referred to as the Henry Ranch; and
B. WHEREAS, Presley Homes, a California corporation("Presley") intends
to develop a portion of such real property for residential purposes, Grantor has proposed
preserving most of the remaining of the aforementioned real property, more particularly
described in Exhibit A (the "Easement Area"),through grant of a conservation easement to the
County of Contra Costa("Grantee"); and
C. WHEREAS, Grantor has entered into an separate conservation easement
with the California Department of Fish and Game(the "Fish and Game Conservation
Easement')to mitigate for approximately .28 acres of wetlands and other waters of the United
States which may also affect the California red-legged frog which is listed as a threatened species
under the federal Endangered Species Act; and
D. WHEREAS, Grantee intends,by acceptance of this grant, forever to honor
the intentions of Grantor to preserve in perpetuity the habitat, open space and scenic values of the
Easement Area.
Resolution No. 991667
NOW, THEREFORE, Grantor hereby grants to Grantee, in perpetuity, a
conservation easement of the nature and character described below over the real property
described in Exhibit A attached hereto,with appurtenant rights of access to Grantee, subject to
the Fish and Game Conservation Easement described in Recital C hereof(without regard to
whichever easement is first granted or recorded) and all existing easements, rights-of-way and
leases. This conservation easement is intended to be consistent with the limitations, conditions
and restrictions affecting the use of the Easement Area as set forth in the Fish and Game
Conservation Easement, but in the event of any conflict the provisions of the Fish and Game
Conservation Easement shall govern.
1. Develonrnent Rights
Excepting and reserving the rights set forth in Paragraph 2, any and all rights to
develop the Easement Area are conveyed to the Grantee, and such rights include the right to alter
or improve the Easement Area in any way by any structure or improvement, including grading.
Subject to health and safety considerations or requirements and in order to preserve in perpetuity
the open space and scenic values of the Easement Area, Grantee does not intend to construct any
structure or improvement, including grading, in the Easement Area.
2. Current Practices and Conditions
Grantee acknowledges, by acceptance of this Easement,that
agricultural/grazing/open space/farming uses of the Easement Area are compatible with the
purposes of this Easement. Such uses include without limitation the grading and maintenance of
farm roads. No other uses or activity may be commenced or conducted within the Easement
Area following acceptance of the Easement by Grantee. As a condition of accepting this
Easement, Grantee requires and Grantor agrees that, subject to the provisions of the Fish and
Game Conservation Easement, Grantor will manage and maintain the Easement Area. To
accomplish the purposes of this Grant,the following rights are conveyed to Grantee and its
successors and assigns.
3. Access
No right of access by the general public to any portion of the Easement Area is
conveyed by this Easement. However, Grantee, through its authorized representatives, shall be
entitled to enter on and inspect the Easement Area, for the purposes of monitoring the uses and
practices of Grantor within the Easement Area to determine that such uses and practices are
consistent with this Easement.
4. Enforcement of Easement
A. If Grantee determines that Grantor is in violation of the terms of this
Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation and, where the violation
involves injury to the Easement Area resulting from any use or activity inconsistent with the
purposes of this Easement,to restore the portion of the Easement Area so injured. If Grantor
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fails to cure the violation within 60 days after receipt of notice thereof from Grantee, or fails
within 60 days to begin curing such violation under circumstances where curing the violation
within 60 days cannot reasonably be accomplished, or fails to continue diligently to cure such
violation until finally cured, Grantee may bring an action at law or in equity in a court of
competent jurisdiction to enforce the terms of this Easement,to enjoin the violation by temporary
or permanent injunction,,to recover any damages to which it may be entitled for violation of the
terms of this Easement or injury to any protected habitat, open space or scenic values, including
damages for any loss thereof, and to require the restoration of the Easement.Area to the condition
that existed prior to any such injury.
B. To the extent Grantee prevails in any legal action to enforce the terms of
this Easement against Grantor, any costs incurred by Grantee in such action, including without
limitation the costs of suit and attorneys fees, and any costs of restoration necessitated by
Grantor's violation of the terms of this Easement, shall be borne by Grantor. If Grantor prevails
in any action to enforce the terms of this Easement, Grantor's costs, including without limitation
the costs of suit and attorneys fees, shall be borne by Grantee.
C. Enforcement of the terms of this Easement shall be at the discretion of
Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of
any breach of any term of this Easement by Grantor shall not be deemed or construed to be a
waiver by Grantee of such term or of any subsequent breach of the same or any other terms of
this Easement or of any of Grantee's rights under this Easement. No delay or omission by
Grantee in the exercise of any right or remedy on any breach by Grantor shall impair such right
or remedy or be construed as a waiver.
D. Nothing contained in this Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury to or change in the Easement Area resulting from
causes beyond Grantor's control or responsibility, including without limitation vandalism, fire,
flood, storm, earth movement or any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from
such causes.
5. Costs and Taxes
Grantor retains all responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation,upkeep, and maintenance of the real property affected
by this Easement. Grantor shall pay any and all taxes, assessments, fees and charges levied by
competent authority on the real property encumbered by this Easement. It is intended that this
easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of
the California Constitution and that this Easement qualify as an enforceable restriction under the
provisions of California Revenue and Taxation Code § 402.1.
6. Successors
The covenants,terms, conditions, and restrictions of this Easement shall be
binding on, and inure to the benefit of the parties hereto and their respective personal
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representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Easement Area.
7. Future Conveyance
Grantor agrees that reference to this Easement will be made in any
subsequent deed or other legal instrument by means of which they convey any
interest in the Easement Area(including but not limited to a leasehold interest).
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8. Notices:
Any notice, demand,request, consent, approval, or communication that either
parry desires or is required to give to the other shall be in writing and either served personally or
sent by first class mail,postage prepaid, addressed as follows:
To Grantor: Jerrold N. Henry and Ruth C. Henry
19685 San Ramon Valley Boulevard
San Ramon, CA 94583
To Grantee: Office of the County Counsel
Contra Costa County
County Administration
P.O. Box 69
Martinez, CA 945453
IN WITNESS WHEREOF, Grantor has executed this Easement on
Oct. 4th , 1999.
46 rrold N. Henry, as trustee of the Jerrold N.
enry and Ruth C. Henry TrIfit, 1989
Ct
Ruth C. Henry, as trustee 9f the Jerrold N.
Henry and Ruth C. Henry Trust, 1989
ACCEPTED by Resolution No. -of the County of Contra Costa
By- ,
Clerk of tKe d
Date:
30010173.9
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