HomeMy WebLinkAboutMINUTES - 06141988 - T.1 T. I
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 San Pablo Creek )
7567-6D8617 ) RESOLUTION OF NECESSITY
6 North Richmond Area ) NO. 88/353
(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, S 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 6 parcels under 2 ownerships
18 and is generally located in the Richmond area. The said property is more par-
19 titularly described in Appendix "A", attached hereto and incorporated herein by
20 reference. The property sought to be acquired is appropriated to a public use.
21 The proposed use is a more necessary use than the use to which the property is
22 now appropriated (Code Civ. Proc. S 1240.610) , or a compatible public use (Code
23 Civ. Proc. S 1240.510).
24 On May 17, 1988, this Board passed a resolution of intention to adopt a
25 resolution of necessity for the acquisition by eminent domain of the property
26 described in Appendix "A" (Resolution No. 88/284) and fixing 10:30 a.m.,
27 June 14, 1988, in its Chambers in the Administration Building, 651 Pine Street,
28 Martinez, 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 June 14, 1988, by the following vote:
25 AYES:. Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
26 NOES: None
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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: June 14, 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
APPENDIX
PARCEL ONE LR/W Parcel 1530.21
A portion of that parcel of land described in the deed to the City of
Riclmmond recorded August 4, 1972 in Book 6717 at page 145, Official Records
of Contra Costa County, California, described as follows:
Commencing at a 2 inch iron pipe monument tagged -R.C.E. 13810 at the
northwesterly 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 frau a 5/8 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 Canty; thence leaving said
Point of Ccecmoxxment 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
04' 26" east 561.48 feet to the southwesterly corner of said City of
Ricb mnd Parcel (6717 O.R. 145) , the Point of Beginning of this description,
said point being the intersection of the easterly right of way line of said
Third Street, and the northerly riot of way line of Verde Avenue, thence,
leaving said Point of Beginning, along the said northerly riot of way line
of Verde Avenue, south 880 55' 40" east 255.00 feet to the westerly 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 leaving said Verde Avenue, along said westerly line of Block
20 (12 M 274) north 10 04' 20" east 30.00 feet, to the northerly boundary of
said subdivision; thence along the said northerly boundary north 760 58' 08"
east 206.23 feet; thence south 880 55' 40" east 150.00 feet to the
southeasterly corner of the said City of Ricbmond parcel (6717 O.R. 145) ;
thence along the easterly line of said City of Richmond parcel (6717 O.R.
145) , north 10 15' 20" east 228.39 feet; thence leaving last said line,
south 860 101 00" west 97.67 feet; thence southwesterly along the arc of a
tangent curve, concave to the southeast having a radius of 515.00 feet,
through a central angle of 100 10' 0011, an arc length of 91.38 feet; thence
tangent to said curve smith 760 00' 00" west, 156.00 feet; thence
scuthwesterly along the arc of a tangent curve, concave to the southeast,
having a radius of 400.00 feet, through a central angle of 160 00' 0011, an
arc length of 111.70 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 oentral
angle of 310 33' 3711, an arc length of 82.63 feet to a point on the said
easterly right of way line of Third Street; thence along said line, south 30
04' 20" west 129.24 feet to the Point of Beginning.
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.
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PARCEL TWO (R/W Parcel 1554)
A portion of Lot 198 as shown on the "Map of the San Pablo Rancho,
acro gpanying 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 Cmitra
Costa County, State of California, more particularly the most northerly
25.00 feet of the parcel of land described in the "Final Order of
Condemnation" by the City of Richmond filed August 4, 1972 in Book 6717 of
Official Records at page 145, records of said County, bounded on the west by
Third Street, and on the east by the westerly line of the parcel of land
described as Parcel One in the deed to the San Pablo School District
recorded June 6, 1949 in Book 1396 of Official Records at page 312, records
of Contra Costa County.
Reserving unto Grantor and its successors and assigns an easement for access
and utility purposes over and across the land described in Parcel Two above.
PARCEL MiEM (R/W Parcel 1531.2)
A portion of Lots 198 and 199 as shown on the map of Rancho San Pablo filed
Mardi 1, 1894 in the Office of the Recorder of Contra Costa County, State of
California, further described as follows:
Commencing at a 2-inch iron pipe monument tagged R.C.E. 13810 at the
northwest corner of Parcel "A" as sheen 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 5/8-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 commencement north 10 04' 20" east 30.00 feet to the centerline of
Market Street; thence along said centerline north 88o 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 "Al" 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 feet to the northwest corner of Block 26 of said
North Ric n nd 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 northbast 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
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the westerly lime of said Block 12, south 10 04' 20" west 22.43 feet; thence
leaving said lute, 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' 0611 east 69.32 feet; thence south 740 00' 37" east 178.94 feet to a
point on the westerly line of the Southern Pacific Railroad riot of way
which shall be hereinafter referred to as Point "Bi"; thence leaving said
Point "Bi" along said Southern Pacific Railroad riot of way north 50 12'
02" east 136.22 feet; thence leaving said railroad right of way north 840
47' 58" west 24.86 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 590 171 1311, an arc length of 25.87 feet; thence tangent to
said curve north 880 54' 2011 west 20.63 feet to the westerly line of that
parcel of lanai 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; thence along
said line south 10 05' 40" west 88.38 feet; thence leaving said line
southwesterly along the arc of a non-tangent curve, concave to the north-
west, 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 "Dill; thence leaving said Point "Dl" 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 240.00 feet through a central angle of 350
56' 0311, an arc length of 150.52 feet to a point of reverse curve; thence
northwesterly along the arc of a tangent curve concave to the southwest
having a radius of 200.00 feet, through a central angle of 370 27' 4911, an
arc length of 130.77 feet; thence tangent to said curve south 860 10' 00"
west 170.72 feet; thence southwesterly along the arc of a tangent curve
concave to the southeast having a radius of 515.00 feet, through a central
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angle of 100 10' 0011, an arc length of 91.38 feet; thence tangent to said
curve south 760 00' 00" wast 156.00 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 160 00' 0011, an arc length of 111.70 feet; thence
tarrjent to said curve south 600 00' 00" west 96.07 feet; thence
southwesterly along the arc of a tangent carve 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 ndrd Street; thence
along said line south 30 04' 20" west 136.24 feet to Point "Al", the true
point of beginning.
Bearings and distances used in the above descriptions are based on the
California Coordinate System Zone III (CCS 27) . To obtain ground distance
multiply distances used by 1.0000641.
PARCEL FOUR (R6j Parcel 1531B)
A portion of those parcels of land granted in deeds to the San Pablo School
District, a political subdivision, recorded April 25, 1949, June 6, 1949 and
August 4, 1949 in Books 1377, 1396 and 1420 at pages 392, 312 and 381
respectively of Official Records of Contra Costa County, California,
described as follows:
Camiencing on the westerly line of Parcel One of said San Pablo School
District parcel (1396 O.R. 312) at the center line of the 20 feet in width
road as described in said deed (1396 O.R. 312) ; thence along said westerly
line south 00 15' 00" east 10.00 feet to the Point of Beginning at the
southerly line of said road; thence along the southerly and southeasterly
line of said road, east 313.94 feet and north 640 20' east 110.91 feet to
the northwesterly corner of said San Pablo School District parcel (1377 O.R.
392) ; thence along the northerly line of said parcel (1377 O.R. 392) east
270.00 feet to the easterly line of said parcel (1377 O.R. 392) ; thence
along said line south 00 15' 00" east 25.00 feet; thence parallel to said
northerly line (1377 O.R. 392) west 264.41 feet to a point on a line which
is parallel with and southeasterly 25.00 feet frcffi the southeasterly line of
said 20 feet in width road (1420 O.R. 381) ; thence along said parallel line
south 640 20' 00" west 110.91 feet to a point on a line which is parallel
with and southerly 25.00 feet from the southerly line of said 20 feet in
width road (1420 OR. 381, 1396 O.R. 312) ; thence along said parallel line
west 274.52 feet; thence leaving said line south 390 41' 56" west 70.09 feet
to a point on the easterly line of the City of Ricbmorri parcel described in
the Final Order of Cottlemnation recorded August 3, 1972 in Book 6717 of
Official Records at page 145 which bears south 00 15' 00' east 25.00 feet
Er the northeast corner of said City of Richmond parcel (6717 O.R. 145) ;
thence along the eamon line between the City of Richmond and the San Pablo
School District north 00 15' 00" west 25.00 feet to said northeast corner
(6717 O.R. 145) ; thence contim ng along the westerly line of said Parcel
One of the San Pablo School District (1396 O.R. 312) north 00 15' 00" west
53.93 feet to the point of beginning.
Containirtj area of 0.4267 acres of land more or less.
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PARCEL FIVE (R/W Parcel 1531A.1 Permanent Easement)
A non-exclusive easement for access and mains purposes over the
following described land:
Beginning at Point "D1" as said point is described above in Parcel 1531.2
above; thence leaving said Point of Beginning north 410 37' 51" east, 27.69
feet; thence north 690 24' 22" east, 162.00 feet; thence south 10 05' 40"
west 29.00 feet; thence south 690 24' 22" west 118.00 feet; thence southwes-
terly 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 the Point of Beginning, said Point "D111.
PARCEL SIX (R/W Parcel 1531T.2 - Temporary Easement)
A temporary construction easement to expire upon ccupletion of construction
or by December 31, 1990, whichever occurs first, over the following des-
cribed land:
Beg ira ing at Point "D111, as said point is described above in Parcel 1531.2
above; thence leaving said Point of Beginning, 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 240.00 feet, through a central angle of 180
48' 4711, an arc length of 78.80 feet; thence north 700 31' 20" east 131.04
feet; thence south 290 04' 41" east 35.36 feet; thence south 410 37' 51"
west 27.69 feet to the Point of Beginning said Point "Dl".
Bearings and distances used in the above descriptions are based on the
California Coordinate System Zone III (CCS 27) . To obtain ground distances
multiply distances used by 1.0000641.
AJA:rs
ex:wildcatck2
(06-20-88)
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