HomeMy WebLinkAboutMINUTES - 06231987 - T.4 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 Project #7520-6B 8637 ) RESOLUTION OF NECESSITY
San Ramon Creek Bypass )
5 Walnut Creek area ) NO. 87/396
(C.C.P. Sec. 1245. 230)
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The Board of Supervisors of Contra Costa County, California ,
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as ex-officio governing body of the Contra Costa County Flood
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Control and Water Conservation District by vote of two-thirds or
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more of its members , RESOLVES that :
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Pursuant to West ' s Water Code, Appendix S 63-5 and Deering' s
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Water Code , Uncodified Acts . Act 1656, S 5 , Contra Costa County
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Flood Control and Water Conservation District intends to construct
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a flood control channel , a public improvement , for flood control
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purposes , and , in connection therewith , acquire interests in ce_ r-
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tain real property.
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The property to be acquired consists of five (5) parcels and
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is generally located in the Walnut Creek area. Said property
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is more particularly described in Appendix "A" , attached hereto
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and incorporated herein by reference.
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On June 2 , 1987 , this Board passed a resolution of intention
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to adopt a resolution of necessity for the acquisition by eminent
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domain of the property described in Appendix "A" (Resolution No.
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87/321 ) and fixing 10 : 30 a.m. June 23 , 1987 , in its Chambers in the
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Administration Building, 651 Pine Street , Martinez, California , as
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the time and place for the hearing thereon .
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The hearing was held at that time and place , and all
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interested parties were given an opportunity to be heard. Based
RESOLUTION NO. 87/396
1 Administration Building, 651 Pine Street , Martinez, California, as
2 the time and place for the hearing thereon.
3 The hearing was held at that time and place , and all
4 interested parties were given an opportunity to be heard. Based
5 upon the evidence presented to it , this Board finds , determines
6 and hereby declares the following:
7 1 . The public interest and necessity require the proposed
8 project ; and
9 2 . The proposed project is planned and located in the manner
10 which will be most compatible with the greatest public good and
11 the least private injury; and
12 3 . The property described herein is necessary for the pro-
13 posed project ; and
14 4. The offer required by Section 7267 . 2 of the Government
15 Code was made to the owner or owners of record.
16 The County Counsel of this County is hereby AUTHORIZED and
17 EMPOWERED.
18 To acquire in the District ' s name , by condemnation, the
19 titles , easements and rights of way hereinafter described, in and
20 to said real property or interests therein , in accordance with the
21 provisions for eminent domain in the Code of Civil Procedure and
22 the Constitution of California:
23 To prepare and prosecute in the District ' s name such pro-
24 ceedings in the proper court as are necessary for such
25 acquisition;
26 To deposit the probable amount of compensation, based on an
27 appraisal , and to apply to said court for an order permitting the
28 District to take immediate possession and use said real property
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1 PASSED and ADOPTED on June 23 , 1987 , by the following vote:
2 AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
3 NOES : None
4 ABSENT: Supervisor Powers
5 I HEREBY CERTIFY that the foregoing resolution was duly and
6 regularly introduced, passed and adopted by the vote of two-thirds
7 or more of the Board of Supervisors of Contra Costa County,
8 California , at a meeting of said Board on the date indicated.
9 Dated: July 23 , 1987
Phil Batchelor , Clerk of the
10 Board of Supervisors and County
Administrator
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12 By: __9
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Deputy
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cc: Public Works Department ,
14 Real Property Division
Auditor-Controller
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28 RESOLUTION NO. 86/396
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APPENDIX "A"
PARCEL 1 (NEWELL AVENUE ASSOCIATES - IINPCRARY CCNSI14=CN EASEMENrl
A temporary construction easement to expire 10/31/88
A portion of that parcel of land described as PARCEL ONE in deed to the
Newell Avenue Associates recorded August 16, 1984 in Book 11927 at page 860
of Official Records of Contra Costa County, State of California described as
follows:
Commencing at the most westerly corner of said Newell Avenue Associates
PARCEL ONE (11927 O.R. 860) ; thence along the southwesterly line of said
parcel south 240 45' 13" East 43.53 feet to the Point of Beginning; thence
continuing along said line South 240 45' 13" East 49.24 feet; thence
southerly along the arc of a tangent curve concave to the west, having a
radius of 915.00 feet through a central angle of 40 54' 4211, a distance of
78.44 feet; thence leaving said line North 720 27' 00" east 22.68 feet;
thence North 170 33' 00" West 127.00 feet; thence South 720 27' 00" West
35.35 feet to the Point of Beginning.
EXCEPTING `11M EIRC%I the following described parcel of land:
Beginning on the northwest line of said Newell Avenue Associate PARCEL ONE
(11927 O.R. 860) at a point that bears North 440 42' 59" East 42.5 feet from
the west corner thereof; thence along the boundary of said parcel, South 440
42' 59 West 42.5 feet, South 240 45' 16" East 36.5 feet to a point herein-
after referred to as "Point All, South 240 45' 16" East 37.5 feet to a point
hereinafter referred to as "Point B", South 240 45' 16" East 18.77 feet to a
tangent curve concave to the west with a radius of 915 feet; thence along
the arc of said clove Southeasterly 51.5 feet to a point hereinafter
referred to as "Point C"; thence along the arc of said curve Southeasterly
12.5 feet to a point hereinafter referred to as "Point D"; thence along the
arc of said curve Southeasterly 101.66 feet; thence South 770 51' 19" East
23 feet; thence leaving the boundary of said Newell Avenue Associates
parcel, in a straight line, Northwesterly 115.5 feet, more or less, to a
point lying easterly 21.5 feet (measured radially) from "Paint D"; thence in
a straight line, Westerly 21.5 feet, more or less, to a point lying easterly
3 feet (measured radially) from "Point C"; thence in a straight line,
Northwesterly 70 feet, more or less, to a point lying Northeasterly 4 feet
(right angle measurement) from "Point B"; thence in a straight line,
Northerly 47.5 feet, more or less, to a point lying Northeasterly 32.5 feet
(right angle measurement) . from "Point All; thence in a straight line,
Northwesterly 53 feet, more' or less, to the Point of Beginning.
Page 1 of 3
APPENDIX "A
PARCEL 2 - (SOUITHM PACIFIC LAND OCA9PANY - PER+fANETr SEWER EASE14ERr)
Portion of the Rancho San Miguel, being a portion of the parcel of land
described as Parcel Two in the deed to Southern Pacific Transportation
Company, recorded September 29, 1972 in Book 6762 of Official Records, page
822, described as follows:
A strip of land 10.00 feet in width, the centerline of which is described as
follows:
Beginning at a point on the eastern line of said Southern Pacific
Transportation Company Parcel Two (6762 O.R. 822) , distant thereon north 10
04' 38" west, 16.21 feet fror$ the southeast corner thereof; thence from said
point of beginning south 72 141 58" west, 128.06 feet to a point on the
western line of said Southern Pacific Transportation Company Parcel Two
(6762 O.R. 822) , distant thereon north 240 451 1311 west, 23.33 feet from the
southwest corner thereof.
The side lines of said 10 feet in width strip of land to extend entirely
across said Southern Pacific Transportation Company Parcel Two (6762 O.R.
822) .
Excepting therefrcan: That portion of the above described 10 feet in width
strip of land which lies easterly of the eastern line of the parcel ,of land
described as Parcel 1 in the deed to Southern Pacific Land Company, recorded
October 25, 1917 in Book 8562 of Official Records, page 70.
PARCEL 3 - (cm OF WAINUr CREEK - PIIwwflwr SEWER EAsEmENy)
Portions of the 0.8566 acre and 16.047 acre parcels of land delineated on
the Record of Survey map filed February 5, 1968 in Book 50 of Licensed
Surveyors Maps, pages 39 through 44, in the office of the Recorder of Contra
Costa County, described in the following parcels:
A strip of lard 10 feet in width, the centerline of which is described as
follows:
Commencing at an angle point in the eastern boundary of the above referenced
16.047 acre parcel of land, said angle point being the western terminus of
the course in said eastern boundary delineated as "S880 02' 2811E - 170.26
(feet)" gn said map (50 L.S.M. 39) ; thence from said point of commencement
north 34 38' 50" west alofig the line delineated on said map as centerline
of creek, 54.56 feet to its intersection with the centerline of the 10 feet
in width easement described in the Grant of Easement to Central Contra Costa
Sanitary District, recorded May 23, 1962, in Book 4125 of Official Records
page 144; thence along said easement centerline (4125 O.R. 144) , north 50a
09' 54" east, 52.32 feet to an angle point thereon, said point being the
true point of beginning of the herein describe$ centerline; thence from said
true point of beginning continuing north 50 09' 54" east, 129.59 feet;
thence southeasterly along the arc of a non-tangent curve, concave to the
southwest having a E•adius of 205.00 feet, the center of which from said
point bears south 16 09' 50" west, through a central angle of 300 14' 27111
an arc distance of 108.20 feet; thence tangent to said curve south 430 35'
43" east] 173.19 feet; thence southeasterly along the arc of a tangent curve
concave to the southwest, having a radius of 205.00 feet, through a central
angle of 80 19' 5611, an arc distance of 29.81 feet to a point hereinafter
referred to a Point "A"; thence continuing southeasterly along said 205.00
feet radius curve, through a central angle of 8 19' 56" an arc distance of
29.81 feet; thence southeasterly along the arc of a compound curve concavS
to the west, having a radius of 46.00 feet, through a central angle of 26
29' .51", an arc distance of 21.27 feet to a point on the centerline of the
5.00 feet in width easement described in the deed to Central Contra Costa
Sanitary District, recorded August 9, 1962 in Book 4178 of Official Records,
page 153, said point bears north 00 26' 00" west, 11.74 feet along the
centerline of said 5 feet in width easement (4178 O.R. 153) from its
intersection with the northwestern boundary of the parcel of land described
as Parcel One in the deed to OGO, Inc. , a California Corporation, recorded
November 29, 1972 in Book 6808 of Official Records, page 123.
Page 2 of 3
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APPENDDC "A"
PARCEL, 4 - (SCIMM ai PACIFIC LAND COMPANY - TEMPOI A OaVI43MON EAMOM
A temporary construction easement to expire 10/31/88
A portion of that parcel of land described as PARCEL 1 in the deed to the
Southern Pacific Lazed Company, a California Corporation recorded October 25,
1977 in Book 8562 at page 70 of Official Records of Contra Costa County,
California, described as follows:
Commencing at the most southerly corner of said PARCEL 1 (8562 O.R. 70)
thence along the southeasterly line of said PARCEL 1 North 650 14' 47" East
11.00 feet; thence leaving said line North 160 35' 00" West 208.00 feet;
thence North 60 20' 00" West 36.61 feet to the Point of Beginning; thence
continuing North 60 20' 00" West 12.39 feet; thence North 240 55' 00" West
48.00 feet; thence North 110 50' 00" West 35.00 feet; thence North 220 35'
00" West 30.53 feet; thence South 720 27' 00" West 7.52 feet; thence South
170 33' 00" East 125.00 feet; thence North 720 27' 00" East 10.45 feet to
the Point of Beginning.
Containing an area of 1171 square feet of land, more or less.
Southern Pacific Land Company, a California Corporation recorded October 25,
1977 in Book 8562 at page 70 of Official Records of Contra Costa County,
California, described as follows:
Commencing at the most westerly corner of said Parcel 2 (8562 O.R. 70) ;
thence along the northwesterly line of said Parcel 2 North 650 14' 47" East
116.89 feet; thence leaving said line South 260 55' 00" East 7.17 feet;
thence South 170 20' 00" East 8.05 feet to the Point of Beginning; thence
from said Point of Beginning continuing South 170 20' 00" East 80.95 feet;
thence South 130 25' 00" East 5.06 feet; thence South 720 27' 00" West 13.07
feet; thence North 170 33' 00" West 86.00 feet; thence North 720 27' 00"
East 13.74 feet to the Point of Beginning.
Containing an area of 1167 feet square feet of land, more or less.
PARCEL 5 (SOUIBE RN PACIFIC LAND CCMPANY - IWVOR M CONSPMXTION FASE14 M)
A temporary construction easement to expire 10/31/88
A portion of that parcel of land described in deed as Parcel 2 to the
Southern Pacific Land Company, a California Corporation recorded October 25,
1977 in Book 8562 at page 70 of Official Records of Contra Costa County,
California, described as follows:
Ccumencing at the most westerly corner of said Parcel 2 (8562 O.R. 70) ;
thence along the northwesterly line of said Parcel 2 North 650 14' 47" East
116.89 feet; thence leaving said line South 260 55' 00" East 7.17 feet;
thence South 170 20' 00" East 8.05 feet to the Point of Beginning; thence
from said Point of Beginning continuing South 170 20' 00" East 80.95 feet;
thence South 130 25' 00" East- 5.06 feet; .thence South .720 27' 00" West 13.07
feet; thence North 170 33' 00" West 86.00 feet; thence North 720 27' 00"
East 13.74 feet to the Point of Beginning.
Containing an area of 1167 feet square feet of land, more or less.
ex:srbypass
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RESOLUTION NO. 87/396