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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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4 Condemnation of Property )
For Flood Control Purposes, )
5 Wildcat Creek )
7527-D8617 ) RESOLUTION OF NECESSITY
6 Richmond Area ) NO. 88/289
(Code Civ. Proc. S 1245.230)
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8 The Board of Supervisors of Contra Costa County, California as ex-
9 officio governing body of the Contra Costa County Flood Control and Water
10 Conservation District by vote of two-thirds or more of its members, RESOLVES
11 that:
12 Pursuant to West's Water Code, Appendix S 63-5 and Deering's Water
13 Code, Uncodified Acts, Acts 1656, § 5, Contra Costa County Flood Control and
14 Water Conservation District intends to construct a flood control channel
15 project, a public improvement for flood control purposes and, in connection
16 therewith, acquire interests in certain real property.
17 The property to be acquired consists of 9 parcels under 6 ownerships
18 and is generally located in the Richmond area. The said property is more par-
19 ticularly described in Appendix "A", attached hereto and incorporated herein by
20 reference. Some of the property sought to be acquired is property appropriated
21 to a public use. The proposed use is a more necessary use than the use to which
22 the property is now appropriated (Code Civ. Proc. S 1240.610) , or a compatible
23 public use (Code Civ. Proc. S 1240.510).
24 On April 19, 1988, this Board passed a resolution of intention to adopt
25 a resolution of necessity for the acquisition by eminent domain of the property _
26 described in Appendix "A" (Resolution No. 88/211) and fixing 10:30 a.m., May 17,
27 1988, in its Chambers in the Administration Building, 651 Pine Street, Martinez,
28 California, as the time and place for the hearing thereon.
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1 The hearing was held at that time and place, and all interested parties
2 were given an opportunity to be heard and based upon the evidence presented to
3 it, this Board finds, determines and hereby declares the following:
4 1. The public interest and necessity require the proposed project; and
5 2. The proposed project is planned and located in the manner which
6 will be most compatible with the greatest public good and the least private
7 injury; and
8 3. The property described herein is necessary for the proposed pro-
9 ject; and
10 4. The offer required by Section 7267.2 of the Government Code was
11 made to the owner or owners of record.
12 The County Counsel of this County, or any Counsel associated by him, is
13 hereby AUTHORIZED and EMPOWERED:
14 To acquire in the name of the Contra Costa County Flood Control and
15 Water Conservation District, by condemnation, the titles, easements and rights
16 of way as set forth in Appendix "A", in and to said real property or interests
17 therein, in accordance with the provisions for eminent domain in the Code of
18 Civil Procedure and the Constitution of California.
19 To prepare and prosecute in the District's name such proceedings in the
20 proper court as are necessary for such acquisition.
21 To deposit the probable amount of compensation, based on an appraisal,
22 and to apply to said court for an order permitting the District to take imme-
23 diate possession and use said real property for said public uses and purposes.
24 PASSED and ADOPTED on May 17, 1988, by the following vote:
25 AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
26 NOES: None
27 ABSENT: None
28 ABSTAIN: None
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1 I HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board
4 on the date indicated.
5 Dated: May 17, 1988
6 Phil Batchelor, Clerk of the
Board of Supervisors and
7 County Administrator
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By:
9 Deputy
10 cc: Public Works Department,
Real Property Division
11 Auditor-Controller
County Counsel (Certified Copy)
12 County Administrator.
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Wildcat Creek
Phase 1 - Contract 2
A-PPENDIX "A"
PARCELS -1532, 1533, 1547, 1548 AND 1550 (Fee Title)
A portion of Lots 198 and 199 as shown on the map of Rancho San Pablo filed
March 1, 1894 in the Office of the Recorder of Contra Costa County, State of
California, further described as follows:
Ccmwxcing at a 2-inch iron pipe monument tagged R.C.E. 13810 at the
northwest corner of Parcel "A" as shown on the map of M.S. 26-81 filed
September 14, 1982 in Book 102 of Parcel Maps at page 44 records of said
County, said 2-inch iron pipe monument bears north 880 55' 40" west 159.96
feet from a 5j8-inch rebar tagged R.C.E. 13810 at the northeast corner of
Parcel A as shown on the map of M.S. 18-82 filed September 14, 1982 in Book
102 of Parcel Maps at page 43 records of said County; thence leaving said
point of ccmwncement north 10 04' 20" east 30.00 feet to the centerline of
Market Street; thence along said centerline north 880 55' 40" west 184.19
feet to the intersection of Market Street and Third Street; thence north 50
05' 57" east 554.48 feet to the southwest corner of the herein described
parcels of land, said corner is a point which shall hereinafter be referred
to as Point "A1" and is the true point of beginning; thence leaving said
true point of beginning south 880 55' 40" east 125.00 feet; thence north 820
15' 50" east 45.70 feet to the north line of Verde Avenue; thence along said
line south 880 55' 40" east 85.00 feet to the west line of Block 20 as said
block is shown on the map of North Richmond Tract No. 1 Addition filed June
1, 1915 in Book 12 of Maps at page 274 records of said County; thence along
said line north 10 04' 20" east 30.00 feet; thence along the northerly line
of said subdivision as follows: north 760 58' 08" east 206.23 feet, south
880 55' 40" east 60.00 fest to the northwest corner of Block 16 of said
North Richmond Tract No. 1 Addition (12 M 274) ; thence along the west line
of said Block 16, south 10 04' 20" west 21.00 feet; thence leaving said
line, south 880 55' 40" east 200.00 feet to the east line of said Block 16
(12 M 274) ; thence along said east line, north 10 04' 20" east 21.00 feet to
the northeast corner of said Block 16; thence along the northerly line of
said subdivision (12 M 274) , south 880 55' 40" east 60.00 feet to the
northwest corner of Block 12 of said subdivision (12 M 274) ; thence along
the westerly line of said Block 12, south 10 04' 20" west 22.43 feet; thence
leaving said line, north 700 31' 20" east 130.78 feet; thence north 10 04'
20" east 22.43 feet to the northerly line of said subdivision (12 M 274) ;
thence along said northerly line, north 700 31' 20" east 82.78 feet, south
880 55' 40" east 60.00 feet, north 660 43' 20" east 219.52 feet and south
890 18' 40" east 60.00 feet; thence leaving said subdivision line (12 M 274)
north 10 05' 40" east 30.00 feet; thence north 810 10' 33" east 181.51
feet; thence south 890 18' 40" east 41.20 feet; thence south 10 04' 20" west
60.00 feet; thence south 890 18' 40" east 30.00 feet; thence north 10 04' -
20" east 55.00 feet; thence north 600 43' 55" east 103.82 feet; thence north
780 46' 27" east 133.56 feet; thence south 770 46' 30" east 61.39 feet;
thence south 630 26' 06" east 69.32 feet; thence south 740 00' 37" east
178.29 feet to a point on the westerly line of the Southern Pacific Railroad
Page 1 of 4
right of way which shall be hereinafter referred to as Point "B111; thence
leaving said Point "Bl" along said Southern Pacific Railroad right of way
north 50 121. 02" east 136.10 feet; thence leaving said railroad right of way
north 840 47' 58" west 24.22 feet; thence northwesterly along the arc of a
tangent curve concave to the northeast having a radius of 30.00 feet through
a central angle of 500 31' 3611, an arc length of 26.46 feet; thence tangent
to said curve north 340 16' 22" west 197.97 feet; thence northwesterly along
the arc of a tangent curve concave to the southwest, having a radius of
210.00 feet, through a central angle of 690 18' 0811, an arc length of 254.01
feet; thence tangent to said curve south 760 25' 30" west 145.34 feet;
thence southwesterly along the arc of a tangent curve concave to the
southeast, having a radius of 320.00 feet, through a central angle of 440
37' 0311, an arc length of 249.19 feet; thence tangent to said curve south
310 48' 27" west 24.51 feet; thence southwesterly along the arc of a tangent
curve concave to the northwest, having a radius of 25.00 feet, through a
central angle of 590 17' 1311, an arc length of 25.87 feet; thence tangent to
said curve north 880 54' 20" west 20.63 feet; thence along the westerly line
of that parcel of land described in the deed to the Contra Costa County
Flood Control and Water Conservation District recorded December 31, 1986 in
Book 13359 of Official Records at page 667 records of said County, south 10
05' 40" west 88.38 feet; thence southwesterly along the arc of a non-tangent
curve, concave to the northwest the center of which bears north 490 39' 05"
west having a radius of 100.00 feet, through a central angle of 300 39' 0511,
an arc length of 53.50 feet; thence tangent to said curve south 710 00' 00"
west, 98.39 feet; thence south 10 05' 40" west 19.10 feet; thence south 690
24' 22" west 118.00 feet; thence southwesterly along the arc of a tangent
curve concave to the northwest having a radius of 95.00 feet, through a
central angle of 180 17' 2411, an arc length of 30.33 feet; thence tangent to
said curve south 870 41' 46" west 29.45 feet to a point which shall
hereinafter be referred to as Point "D1"; thence leaving said Point "D1"
south 870 41' 46" west 44.52 feet; thence northwesterly along the arc of a
tangent curve concave to the northeast having a radius of 120.00 feet
through a central angle of 300 03' 3311, an arc length of 62.96 feet to a
point of reverse curve; thence northwesterly along the arc of a tangent
curve concave to the southwest having a radius of 400.00 feet, through a
central angle of 340 15' 1911, an arc length of 239.15 feet; thence tangent
to said curve south 830 30' 00" west 336.98 feet; thence southwesterly along
the arc of a tangent curve concave to the southeast having a radius of
400.00 feet, through a central angle of 230 30' 0011, an arc length of 164.06
feet; thence tangent to said curve south 600 00' 00" west 96.07 feet; thence
southwesterly along the arc of a tangent curve concave to the northwest,
having a radius of 150.00 feet, through a central angle of 310 33' 3711, an
arc length of 82.63 feet to a point on the east line of Third Street; thence
along said line south 30 04' 20" west 136.24 feet to Point "Al", the true
point of beginning.
PARCEL 1548A (Permanent Easement)
A non-exclusive easement for access over the following described land:
A portion of Lot 2 of Block 12 as shown on the map of North Richmond Tract
Page 2 of 4
No. l Addition filed June 1, 1915 in Book 12 of Maps at page 274, records of
Contra Costa County, State of California, described as follows:
Beginning at the most northerly corner of said Lot 2, thence frtian said point
of beginning along the easterly line of Int 2, south 10 04' 20" west 23.24
feet; thence leaving said line, north 880 55' 40" west 17.00 feet; thence
north 10 04' 20" east 16.87 feet to the northerly line of said Lot 2; thence
along said line, north 700 31' 20" east 18.16 feet to the most northerly
corner of said Lat 2, the point of beginning.
Containing an area of 341 square feet of land, more or less.
PARCEL 1549A (Permanent Easement)
A non-exclusive easement for access aver the following described land:
A portion of Lot 1 of Block 8 as shown on the map of North Richmond Tract
No. 1 Addition filed June 1, 1915 in Book 12 of Maps at page 274, records of
Centra Costa County, State of California, described as follows:
Beginning at the northwesterly corner of said Lot 1, thence from said point
of beginning along the westerly line of said Lot 1, south 10 04' 20" west
19.00 feet; thence leaving said line north 660 43' 20" east 20.00 feet,
thence north 10 04' 20" east 19.00 feet to the northwesterly line of said
Lot 1; thence along said line south 660 43' 20" west 20.00 feet to the point
of beginning.
Containing an area of 346 square feet of land, more or less.
PAROL 1553 (Permanent Easement)
A non-exclusive easement for access over the following described land:
All of that parcel of land shown as a 30.00 foot in width road on the map
filed October 16, 1899 in Map Book "C" at page 46 records of Contra Costa
County, State of California.
EXCEP= moi: All of said 30.00 foot in width road lying southerly
of the northerly line of Market Street and northerly of a line bearing north
740 00' 37" west from Point "B1" as said point is described above in
"PARCELS 1531.1, 1532, 1533, 1547, 1548 AND 1550".
PARCEL 1555 (Permanent-FJasement)
A non-exclusive easement for sanitary sewer purposes over the following
described land:
A portion of Lot 198 as shown on the "Map of the San Pablo Rancho,
aanying and forming a part of the final report of the Referee's in
Partition," filed March 1, 1894 in the Office of the Recorder of Contra
Costa County, State of California, more particularly the most northerly
15.00 feet of the parcel of land described as the Central Street parcel in
the Deed to Angelina Call, et al recorded July 13, 1973 in Book 6995 of
Page 3 of 4
Official Records at page 940, and as Parcel Two (c) in the "Judgment of
Final Distribution on Waiver of Accounting" filed October 22, 1980 in Book
10058 of Official Records at page 771, all records of said County, bounded
on the west by Central Street, and on the east by Third Street.
PARCEL 1559 (Fee Title)
A portion of Lot 198, map of Rancho San Pablo filed March 1, 1894 in the
Office of the Recorder of Contra Costa County, State of California, being
described as follows:
Beginning at the northwesterly corner of the parcel of land described in the
final Order of Conation recorded August 3, 1972 in Book 6717 at page 145
of Official Records of Contra costa Countythence along the northerly line
of said parcel (6717 O.R. 145) north 890 •59' 35" wast 24.62 feet; thence
leaving said line north 390 41' 56" east 38.35 feet to the westerly line of
the parcel of land described as Parcel One in the deed to the San Pablo
School District recorded August 4, 1949 in Book 1420 at page 381 of Official
records; thence along said westerly line south 00 15' 00' east 29.51 feet to
the said point of beginning.
Containing an area of 363 square feet of land, more or 'less.
AJA:rs
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(04-28-88)
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