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The Board of Supervisors of Contra Costa County, California
Adopted this Order on,July 10, 1984 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Toriakson
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Hearing on Condemnation of Real Property
The Chair convened the hearing on the proposed condemnation of certain real property required for
public improvements in Drainage Area 44B, lines A&B, Pleasant Hill area. Following a report from the Public
Works Director,the Chair opened the hearing.
All persons desiring to speak having been heard,the hearing was closed.
Board members discussed issues relative to the financial burden of drainage improvements
particularly on retirees or persons on limited income living in areas where they may be assessed for their
portion of the costs,the benefits to be derived from the referenced drainage improvements, and the opening
up of the area for future development which will bring higher density housing and increased traffic. There was
agreement on the need for the drainage improvements as well as to consider the issues pertinent to projects
of this type.
THEREFORE, IT IS BY THE BOARD ORDERED that the proposed resolution of necessity to acquire
the property by eminent domain is hereby adopted.
IT IS FURTHER ORDERED that the issues discussed at this hearing are REFERRED to the Public
Works Director for report.
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: _July 10, 1984
J.R. OLSSON,County Clerk and
ex officio Clerk
By ,Deputy Clerk
CC: Public Works Director
County Administrator
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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
Condemnation of Property )
4 for Flood Control Purposes , ) RESOLUTION OF NECESSITY .
5 Drainage Area 44B, Line A, )
Project No. 7547-6D8443-84, ) 84/392
Flood Control Zone,
6 I --_ Pleasant Hill Area
7
8 The Board of Supervisors , as ex officio the Board of
9 Supervisors of the Contra Costa County Flood Control and Water
10 Conservation District , by vote of two-thirds or more of its mem-
bers ,
em-bers , RESOLVES TILAT:
12 Pursuant to West ' s Water Code-Appendix Sec. 63-5 and Deering' s
13 Water-Uncodified Acts , Act 1656, Sec. 5, the Contra Costa County
14 Flood Control and Water Conservation District intends to construct
15 a storm drain facility, a public improvement , and, in connection
16 therewith, acquire an interest in certain real property.
17 The property to be acquired is generally located in the
18 Pleasant Hill area between .Lis-a Lane and Las Juntas Way and con-
19 sists of nine ( 9) parcels within the proposed site of the Drainage
20 Area 44B, Line A project .
21 Said property is more particularly described in Appendix "A" ,
22 attached hereto and incorporated herein by this reference.
. 23 On June 19 , 1984, this Board passed a resolution of intention
24 to adopt a resolution of necessity for the aequis'ition by eminent
25 domain of the property described in Appendix "A" hereto and set
26 July 10, 1984, at 10 :30 a.m. , in its Chambers in the
27 Administration Building, 651 Pine Street , Martinez, California, as
28
00016A
I the time and place for the hearing thereon (Resolution No.
2 84/356 ) .
3 The hearing was held at that time and place, and upon the
4 evidence presented to it this Board finds , determines and hereby
5 declares the following:
6 � 1 . The public interest and necessity require the proposed
7 project ;
8 2 . The proposed project is planned and located in the manner
9 which will be most compatible with the greatest public good and
10 the least private injury ;
11 3 . The property described herein is .necessary for the pro-
12 posed project ; and
13 4. The offer required by Section 7267 . 2 of the Government
14 Code has been made to the owner or owners of record.
15 The County Counsel of this County is hereby AUTHORIZED AND
16 EMPOWERED:
171 To. acquire in the District ' s name, by condemnation , the titles,
18 easements and rights-of-way hereinafter described, in and to said
19 real property or interests ) therein, in accordance with the pro-
20 visions of eminent domain in the Code of Civil Procedure and the
21 Constitution of California: Parcels 1288 . 1 ,1289. 1 , 1290 . 1 , 1332
22 are to be acquired as permanent drainage easements , and parcels
23 1288 . 1T, 12-89 . 1T, 1290 .1T, 1331T and 1332T are to . be acquired as
24 temporary construction easements which shall expire upon the
25 completion :. of construction of sai.d project or. December 31 , 1985,
26 whichever shall occur first ; .
27
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000162-17
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1 To prepare and prosecute in the District ' s name such pro-
2 ceedings in the proper court as are necessary for such acquisi -
3 tion ; and
4 To deposit the probable amount of compensation, based on an
5 appraisal , and to apply to said court for an order permitting the
6 District to take immediate possession and use said real property
7 for said public uses and purposes .
8 PASSED and ADOPTED on July 10 , 1984 , by the following vote :
9 AYES: - Supervisors Powers , Fanden, Torlakson and Schroder
10 NOES : - None
11 ABSENT - Supervisor McPeak
12 I HEREBY CERTIFY that the foregoing resolution was ' duly and
13 regularly introduced , passed and adopted by the vote of two-thirds
14 or more of the Board of Supervisors of Contra Costa County,
15 California, as ex officio the Board of Supervisors of the Contra
16 , Costa County Flood Control., and Water Conservation -District , at a
171 meeting of said Board on the date indicated.
18 , Dated : July 10, 1984
19 J. R. OLSSON, County Clerk and
ex officio Clerk of the Board of
20 Supervisors of Contra Costa
21 County
22 -------
Deputy
23 '
24
25 cc: Public Works Department ,
Rea-1 Property Division
26 Auditor-Controller
27 County Counsel (certified copy)
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000103
Drainage Area 44B
Line A
APPENDIX "A"
Parcel One (R/W Parcel 1288.1)
A portion of Rancho Las Juntas being a portion of the parcel of land described
in the deed to Hook, et al, recorded July 29, 1983, in Book 11366 of Official
Records at page 113 , records of Contra Costa County, California, described
as follows:
A strip of land, 14.00 feet in width, lying 7.00 feet easterly and 7.00 feet
westerly of the following described line:
Commencing at the I . P. monument tagged "L.S. 2305" at the southeast corner
of Lot 59 as said Lot is shown on the map of "Fair Oaks Unit No. 1" , filed
February 20, 1950 in Book 39 of Maps at page 20, Records of said County;
thence south 810 19' 19" East, 41.20 feet; thence south 810 15' 19" East,
8.80 feet to a point which shall hereinafter be referred to as Point "A" ;
thence leaving said Point "A" south 810 15' 19" east, 1.09 feet to the point
of beginning, which shall hereinafter be called Point 11A. 1 ", thence south
80 44 ' 41" west 110.93 feet; thence southerly along the 'arc of a tangent
curve concave to the east, having a radius of 200.00 feet, through a central
angle of 110 14' 2411, a distance of 39.24 feet; thence south 20 29' 43" east,
63.25 feet; thence southerly along the arc of a tangent curve concave to
the west, having a radius of 200.00 feet through a central angle of 110 14'
2411, a distance of 39.24 feet; thence south 80 44 ' 41" west, 149.77 feet;
thence southerly along the arc of a tangent curve concave to the west, having
a radius of 400.00 feet, through a central angle of 60 14' 5411, a distance
of 43.62 feet; thence south 14 59' 35" west, 48.22 feet; thence southerly
along the arc of a tangent curve concave to the east, having a radius of
400.00 feet, through a central angle of 60 14' 5411, a distance of 43.62 feet;
thence south 80 44 ' 41" west, 458. 50 feet; thence southerly along the arc
of a tangent curve concave to the west, having a radius of 200.00 feet, through
a central angle of 20 06 ' 51" , a distance of 7.38 feet; thence south 100
51 ' 32" west 76.50 feet to a point on the centerline of Hookston Road, the
southerly terminus of said Parcel 1288. 1 , said point shall hereinafter be
referred to as Point "B. 1". Said Point 11B. 1" being further described as
bearing south 880 47 ' 42" east, 163.98 feet from a .nail and shiner on the
centerline of Hookston Road, which bears north 10 12' 18" east 33.77' feet
from a 1 1/4" I.P. monument marking the northeast corner of Lot 1 as said
lot is shown on the map of Subdivision 3414, filed August 30, 1967 in Book
Page 1 of 5
0001(;4 ^
Drainage Area 44B
Line A
117 of maps at page 9, records of said County, said nail and shiner also
bears north 880 47 ' 42" west 327.31 feet from a one and one-half inch iron
pipe monument at the angle point intersection of Bancroft Road and Hookston
Road.
Parcel Two (R/W Parcel 1288.1T)
A strip of land for temporary construction purposes 30.00 feet in width,
lying 10 feet easterly and 20.00 feet westerly of the above described permanent
easement line lying between said Point "A. 1" and said Point 11B.1" in said
Parcel 1288.1.
EXCEPTING THEREFROM all of said Parcel 1288.1 which lies within Parcel 1288.1T
Parcel Three (R/W Parcel 1289.1)
A portion of Rancho Las Juntas, Contra Costa County, California, described
as follows:
Commencing at a nail and shiner located on the centerline of Hookston Road,
which bears north 10 12 ' 18" east, 33. 77 feet from a one and one-quarter
inch iron pipe monument tagged "R.E. 6245" marking the northeast corner of
Lot 1 as said lot is shown on the map of Subdivision 3414, filed August 30,
1967 in Book 117 of maps at page 9, Records of said County; thence south
880 47 ' 42" east 163.98 feet along said centerline to a point which shall
hereinafter be referred to as Point 9.1", said nail and shiner being further
described as bearing north 880 47' 42" west 327.31 feet along the centerline
of Hookston Road from a one and one-half inch iron pipe monument at the angle
point intersection of Bancroft Road and Hookston Road, said Point 9.1" being
the point of beginning for the following described strip of land situated
over and through that parcel of land described in the deed to Samuel P. Young,
et al. , filed September 30, 1983 in Book 11466 of Official Records at page
231, Records of said county.
A strip of land 14.00 feet in width lying 7.00 feet easterly of and 7.00
feet westerly of the following described line:
Beginning at said Point 11B. 111 , thence south 100 51 ' 32" west 59.04 feet
thence southerly along the arc of a tangent curve concave to the east, having
.-a radius of 200.00 feet, through a central angle of 20 0615111, a distance
of 7.38 feet; thence south 80 44 ' 41 " west, 658.20 feet; thence southerly
along ,the arc of a tangent curve concave to the west, having a radius. of
200.00 feet, through a central angle of 140 26 ' 1711, a distance of 50.40
feet ; thence south 230 10' 58" west 26.45 feet; thence southerly along the
Page 2 of 5
000165
Drainage Area 44B
Line A
arc of tangent curve concave to the east, having a radius of 200.00 feet,
through a central angle of 140 26 ' 1711, a distance of 50.40 feet; thence
south 80 44' 41" west, 527.64 feet, thence south 80 44' 34" west 12.87 feet,
to a point on the centerline of Mayhew Way the southerly terminus of Parcel
1289.1, said point shall hereinafter be referred to as Point "C.1", said
Point "C. 1" being further described as bearing south 480 37' 24" east, 42.93
feet, from the 2-inch iron pipe monument tagged R.E. 7595" marking the southeast
corner of Lot 10 as said lot is shown on the map of Subdivision 3414, filed
on August 30, 1967 in Book 117 of maps at page 9, records of said County,
said monument bearing south 80 42 ' 40" west, 247.00 feet from the 2-inch
iron pipe monument marking the northeast corner of said Lot 10 (117 M 9) .
Parcel Four (R/W Parcel 1289.1T)
A strip of land for temporary construction purposes, 30.00 feet in width,
lying 20.00 feet easterly and 10.00 feet westerly of the above described
permanent easement line lying between said Point "B. 1" and said Point "C.1",
in Parcel 1289.1.
EXCEPTING THEREFROM All of said Parcel 1289.1 which lies within Parcel 1289.11'.
Parcel Five (R/W 1290.1)
A portion of Rancho Las Juntas, Contra Costa County, California, described
as follows:
Commencing at the 2-inch iron pipe monument tagged "R.E. 7595" marking the
southeast corner of Lot 10 which bears south 80 42 ' 40" west 247.00 feet
from the 2-inch iron pipe monument marking the northeast corner of Lot 10
as said lot is shown on the map .of Subdivision 3414 filed on August 30, 1967
in Book 117 of maps at page 9 Records of said county,- thence from said point
of commencement south 480 37' 24" east, 42.93 feet to a point on the centerline
of Mayhew Way, said point shall hereinafter be referred to as Point "C. 1",
said point also being a point on the northern boundary of that parcel deeded
to Southern Pacific Railroad on June 10, 1891, filed in Book 60 of deeds
at page 122, Records of Said County, being a strip of land over and through
said Southern Pacific Parcel (60 D 122) and that parcel of land deeded to
Southern Pacific Rail.road on June 10, 1891, filed in Book 60 of deeds -at
page 110 Records of said county, said strip being 14.00 feet in width, lying
7.00 feet easterly. and 7.00 feet westerly of the following described line:
Beginning at said Point 11C. 1" , thence south 80 4.4' 34" west .1,270.77 feet;
to a point which shall hereinafter be referred to as -"PT. D.111, the southerly
terminus of . said . strip of land. Said Poi.nt "D. 1 being further described
Page 3 of 5
0001 F;
Drainage Area 44B
Line A
as a point located on the northerly line of that strip of land described
in the deed to Randall , Earle & Craig, et al, recorded July 29, 1983 in Book
11365 of Official Records at page 916, Records of .said County, said Point
"D.1" also bearing south 890 13' 15" east, 36.94 feet from the most southeasterly
corner of Lot 1 as said Lot is shown on the Map of Subdivision 6115 recorded
October 11, 1982 in Book 267 of Maps at page 11, Records of said County.
Parcel Six (R/W 129O.1T)
A strip of land for temporary construction purposes 30.00 feet in width,
lying 20.00 feet easterly and 10.00 feet westerly of the above described
permanent easement line lying between said Points "C.1" and said Point "D.1"
in PARCEL 1290.1.
EXCEPTING THEREFROM
All of the above Parcel 1290.1 lying within said Parcel 129O.1T.
Parcel Seven (R/W Parcel 1331T)
A portion of Rancho Las Juntas , Contra Costa County, California, being a
portion of that parcel of land described in the deed to Randall , Earle, and
Craig, et al , filed July 29, 1983 in Book 11365 of Official Records, at page
919, Records of said County being an easement for temporary construction
purposes described as follows:
Commencing at the 5/8" rebar tagged "L.S. 4520" marking the most southeasterly
corner of Lot 1 as said Lot is shown on the Map of Subdivision 6115 recorded
October 11, 1982 in Book 267 of Maps at page 11, Records of said County,
said southeasterly corner being further described as bearing south 80. 45'
16" west, 549.71 feet from a 5/8" rebar and cap marking the most northeasterly
corner of said Lot 1 (267 M 11) ; thence from said point of commencement south
890 13 ' 15" east, 36. 94 feet to a point which shall hereinafter be referred
to, as Point "D. 111 ; thence continuing south 890 13' 15" east, 13.67 feet to
the poi.'nt of beginning for the herein described parcel of land; thence leaving
said pint of beginning south 890 13 ' 15" east, 6.52 feet; thence south 8
44' 34" west; 4.32 feet; thence southerly along the arc .of a tangent curve
concave to the west having a radius of 220.00 feet, through a central angle
- of 40 13 ' 2911, a distance of 16.22 feet; thence south 120 58' 10" west 79.50
feet to a point of the westerly line of said Randall , Earle, -and Craig-, .et
al , parce-1 . (.113.65. OR 919) ; thence .along said line .north 80 44' 14" eas.t,
98.90 feet -to the point of beginning. -
Page 4 of 5
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000.16 7
Drainage Area 44B
Line A
Parcel Eight (R/W Parcel 1332)
A portion of Rancho Las Juntas, Contra Costa County, California, described
as follows:
Commencing at the 5/8" rebar and cap tagged "L.S. 4520" marking the most
southeasterly corner of Lot 1 as said Lot is shown on the Map of Subdivision
6115 recorded October 11, 1982 in Book 267 of Maps at page 11, Records of
said County, said southeasterly corner being further described as bearing
south 80 45 ' 16" west, 549.71 feet from a 5/8" rebar and cap marking the
most northeasterly corner of said Lot 1 (267 M 11 ) ; thence from said point
of commencement south 890 13 ' 15" east, 36.94 feet to a point which shall
hereinafter be referred to as Point "D.1".
A strip of land over and through that parcel of land deeded to Randall, Earle
& Craig, et al , recorded July 29, 1983 in Book 11365 of Official Records
at page 916, Records of said County, said strip being 14.00 feet in width,
lying 7.00 feet easterly and 7.00 feet westerly of the following described
line:
Beginning at said Point "D.111, thence south 80. 441 34" west. 1.55 feet; thence
southerly along the arc of a tangent curve concave to the west, having a "
radius of 200.00 feet, through a central angle of 40 13' 2911, a distance
of 14.75 feet ; thence south 120 58' 10" west, 120.86 feet; thence southerly
along the arc of a tangent curve concave to the west having a radius of 200.00
feet, through a central angle of 40 13' 29", a distance of 14.75 feet; thence
south 80 44 ' 34" west, 988. 16 feet to a point on the southerly line of said
Randall, Earle & Craig, et al, parcel (11365 OR 916) said Point shall hereinafter
be referred to as Point "E.111, the southerly terminus of said strip of land.
Said Point "E. 1" being further described as bearing south 880 14' 56" east,
56.96 feet from the monument at the intersection of Coggins Drive and Las.
Juntas Way, said monument bearing south 80 45 ' 16" west, 915.26 feet from
the monument marking Station 19 + 28.38 Coggins Drive.
Parcel Nine (R/W Parcel 1332T)
A strip of land for temporary construction purposes 30.00 feet in .width,
lying 20.00 feet easterly and 10.00 feet westerly of the above described
permanent .e-asement line lying between said Points. "D.1" and said Point '"E.1"
in PARCEL 1332.
EXCEPTING THEREFROM
All ofthe above Parcel 1332 lying with said Parcel 1332T and that portion
lying with the parcel of land described in the deed to Randall , Earle. & Craig,
et al , filed July 29, 1983 in Book 11365. o.f Official Records at page 919,
Records of said County.
RP.AppendADA44B
Page 5 of 5
00.01.68
July 10, 1984
Closed Session
At 1: 00 p.m. the Board recessed to meet in Closed Session
in Room 105, County Administration Building, Martinez , California ,
to discuss personnel and litigation matters .
At 1 : 30 p.m. the Board reconvened in its chambers and
continued with the calendared items .
CLOSESESS
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