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HomeMy WebLinkAboutMINUTES - 03311987 - T.2 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 ) For Flood Control Purposes ) 4 San Pablo Creek, U.S. ) RESOLUTION OF NECESSITY Army Corps . of Engineers ) NO. 87/177 5 Project , Richmond Area . ) Project No . 7527-6X8632 ) (C.C.P. Sec . 1245. 230) 6 ---------------------_-----) 7 The Board of Supervisors of Contra Costa County, California , 8 as ex-officio governing body of the Contra Costa County Flood 9 Control and Water Conservation District by vote of two-thirds or 10 more of its members , RESOLVES that : 11 Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s 12 Water Code , Uncodified Acts . Act 1656 , S 5, Contra Costa County 13 Flood Control and Water Conservation District intends to construct 14 a flood control channel , a public improvement , for flood control 15 purposes , and , in connection therewith , acquire interests in cer- 16 tain real property. 17 The property to be acquired consists of three (3) parcels 18 within the proposed site of the San Pablo Creek, U.S. Army Corps . 19 of Engineers project , and is generally located in the Richmond 20 area , south of Parr Boulevard and east of Garden Tract Road. The 21 said property is more particularly described in Appendix "A" , 22 attached hereto and incorporated herein by this reference . 23 On May 18 , 1982 , this Board by resolution certified completion 24 of the final environmental impact report for the San Pablo Creek 25 project , including acquisition of the property described in 26 Appendix "A" attached hereto , thus complying with the requirements 27 of the California Environmental Quality Act (Public Resources Code 28 S§ 21000-21177 ) . RESOLUTION N0. 87/17'7 ` T 1 On March 10 , 1987 , this Board passed a resolution of intention 2 to adopt a resolution of necessity for the acquisition by. eminent 3 domain of the property described in Appendix "A" (Resolution No. 4 87/134) and set 10 : 30 a .m. , March 31 , 1987 , in its Chambers in the 5 Administration Building, 651 Pine Street , Martinez, California, as 6 the time and place for the hearing thereon . 7 The hearing was held at that time and place , and all 8 interested parties were given an opportunity to be heard and based 9 upon the evidence presented to it , this Board finds , determines 10 and hereby declares the following: 11 1 . The public interest and necessity require the proposed 12 project ; and 13 2 . The proposed project is planned and located in the manner 14 which will ` be most compatible with the greatest public good and 15 the lest private injury; and 16 3 . The property described herein is necessary for the pro- . 17 posed project ; and 18 4 . The offer required by Section 7267. 2 of the Government 19 Code was made to the owner or owners of record . 20 The County Counsel of this County is hereby AUTHORIZED AND 21 EMPOWERED: 22 To acquire in the District ' s name, by condemnation, the titles , 23 easements and rights of way hereinafter described , in and to said 24 real property or interests therein , in accordance with the provi- 25 sions for eminent domain in the Code of Civil Procedure and the 26 Constitution of California: Parcels One and Two are to be 27 acquired in fee title; Parcel Three is to be acquired as a tem- 28 porary construction easement which shall expire upon the comple- -2- �_.... . . _ __ _ ._....:..Pus -.,--.__..__._...-.-m.,. .. .... ..�. .... 1 tion of construction of said project or December 31 , 1988 , 2 whichever shall occur first ; 3 To prepare and prosecute in the District ' s name such pro- 4 ceedings in the proper court as are necessary for such 5 acquisition; 6 To deposit the probable amount of compensation , based on an 7 appraisal , and to apply to said court for an order permitting the 8 District to take immediate possession and use said real property 9 for said public uses and purposes . 10 PASSED and ADOPTED on March 31 , 1987 , by the following vote: 11 AYES : Supervisors Fanden , Schroder , Torlakson and McPeak 12 NOES : None 13 ABSENT: Supervisor Powers 14 I HEREBY CERTIFY that the foregoing resolution was duly and 15 regularly introduced , passed and adopted by the vote of two-thirds 16 or more of the Board of Supervisors of Contra Costa County, 17 California , as ex officio governing body of the Contra Costa 18 County Flood Control and Water Conservation District at a meeting 19 of said Board on the date indicated . 20 Dated: March 31 , 1987 Phil Batchelor , Clerk of the 21 Board of Supervisors and County Administrator 22 23 B Y - ----------- Deputy 24 cc: Public Works Department , 25 Real Property Division Auditor-Controller 26 27 28 -3- San Pablo Cheek Project 7527-6X8632 Caron Property APPENDIX "A" All that real property situated in the state of California, County of Contra Costa, described as follows: PARCEL ONE (Fee Title - R/W Pel 1258.1) Portion of Lrt 201, map of the San Pablo Rancho, filed March 1, 1894, described as follows: Beginning at a point 30 feet south fawn a granite post S. P. 5, said post being located 1320 feet west frcan the southeast corner of Section 35, Township 2 North, Range 5 West, Mount Diablo Base and Meridian; thence from said point of beginning east, 1387.3 feet to the west line of the 4 acre parcel of land described in the deed to William C. Roberts recorded March 24, 1933, Book 342, Official Records, Page 150; thence south along said west line, 344.33 feet to the center line of San Pablo Creek; thence along said center line as follows: South 820 391 .west, 14.02 feet; south 880 17' west, 721.02 feet; north 780 7' west, 281.64 feet; north 680 36' west, 405.34 feet; thence leaving said creek north 161.24 feet to the point of beginning. EXCEPI7NG THEREFROM: That portion thereof lying easterly of the westerly line of the parcel of land described in the deed to Contra Costa County, recorded June 7, 1973 in Book 6964, Page 868, Official Records. PARCEL TWO (Fee Title - R/W Pcl 1257.1) A portion of Lot 201 as shown on the map entitled "Map of the San Pablo Rancho Accompanying and Forming a part of the Final Report of the Referees in Partition," which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, on March 1, 1894 and a portion of Lots G, H, I, J and K as shown on the map of Sanpson Tams Ranch filed July 1, 1907 in Book 1 of Maps at page 7, Records of said County. A strip of land 260.00 feet in width lying 140.00 feet northerly and 120.00 feet southerly of the following described line: Beginning at the centerline of Third Street (80 feet in right of way width) at a point which bears south 10 10' 23" west 332.85 feet frrnn the standard street monument at the intersection of Parr Boulevard and Third Street as said centerline and monument are shown on the map entitled "A Precise Section of the Streets and Highways Plans - Contra Costa County - North Richmond Bypass" recorded November 5, 1969 in Book 5998 at page 209 :of Official Records of said County; thence from said point of beginning, north 900 00' 00" west 16.16 feet; thence westerly along the arc of a tangent curve, concave to the south having a radius of 634.58 feet through a central angle of 160 08' ,40", a distance of 178.81 feet; thence tangent to said curve, south 730 51' 20" west 439.74 feet; thence westerly along the arc of a tangent curve, , concave to the north having a radius of 1341.91 feet through a central angle of 80 32' 2211, a distance of 200.00 feet to a point which shall hereinafter be referred to as Point "IA". A strip of land 270.00 feet in width lying 140.00 feet northerly and 130.00 feet southerly of the following described line: Beginning at said Point "JA", thence south 820 23' 42" west 354.22 feet; thence westerly along the arc of a tangent curve, concave to the north having a radius of 2434.81 feet through a central angle of 40 42' 2311, a distance of 200.00 feet; thence tangent to said curve, south 870 06' 05" west 99.47 feet; thence westerly along the arc of a tangent curve, concave to the north having a radius of 883.44 feet through a central angle of Ito 58' 1611, a distance of 200.00 feet; thence tangent to said curve, north 790 55' 39" west 292.29 feet; thence westerly along the arc of a tangent curve, concave to the north having a radius of 1496.95 feet through a central angle of 10 19' 2911, a distance of 34.61 feet to a point which shall hereinafter be referred to as Paint 111B11. Said Point "IB" being the westerly terminus of the above described strip of land. Said Point "IB" being further described as bearing south 10 18' 47" west 369.22 feet along the North Richmond Bypass centerline from the standard street monument at the intersection of the proposed centerlines of North Richmond Bypass and Parr Boulevard as shown on said map (5998 OR 209) . Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS 27) . To obtain ground distance multiply distances used by 1.0000641. PARCEL TARF.E (Temporary Construction Easement - R/W Pcl 1257.1t) A portion of Lot 201 as shown on the map entitled "Map of the San Pablo Rancho Accompanying and Forming a part of the Final Report of the Referees in Partition," which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, on March 1, 1894 and a portion of Lots G, H, I, J and K as shown on the map of Sampson Tams Ranch filed July 1, 1907 in Book 1 of Maps at page 7, Records of said County. A strip of land 15.00 feet in width, right angle measure, lying northerly of and adjoining the northerly line of the previously described PARCELS 1254.1 THRU 1257.1 INCIUSIVE. AJA:pg ex:spcarone