HomeMy WebLinkAboutMINUTES - 03141989 - T.2 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
4 Condemnation of Property
For Flood Control Purposes
5 San Ramon Creek Bypass RESOLUTION OF NECESSITY
Walnut Creek Area NO. 89/168
6 (Code of Civ. Proc. S 1245.230)
7 The Board of Supervisors of Contra Costa County,
8 California as ex-officio governing body of the Contra Costa
9 County Flood Control and Water Conservation District by vote of
10 two-thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix 5 63-5 and
12 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
13 Costa County Flood Control and Water Conservation District
14 intends to construct a flood control channel project, a public
15 improvement for flood control purposes, and in connection
16 therewith, acquire interests in certain real property.
17 The property to be acquired consists of eleven (11)
18 parcels and is generally located in the Walnut Creek area. The
19 said property is more particularly described in Appendix "A" ,
20 attached hereto and incorporated herein by reference.
21 On February 23, 1989, notice of the District's
22- intention to adopt a resolution of necessity for the acquisition
23 by eminent domain of the property described in Appendix "All was
24 sent to persons whose names appear on the last equalized County
25 Assessment Roll as the owners of said property. The notice
26 specified March 14, 1989 at 11:00 a.m. in the Board of
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1 Supervisors Chambers in the Administration Building, 651 Pine
2 Street, Martinez, California, as the time and place for the
3 hearing thereon.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following:
8 1. The public interest and necessity require the
9 proposed project; and
10 2. The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the least private injury; and
13 3. The property described herein is necessary for the
14 proposed project; and
15 4. The offer required by section 7267 . 2 of the
16 Government Code was made to the owner or owners of record.
17 The District's counsel is hereby AUTHORIZED and
18 EMPOWERED:
19 To acquire in the name of the Contra Costa County Flood
20 Control and Water Conservation District, by condemnation, the
21 titles, easements and rights of way as set forth in Appendix "A" ,
22- in and to said real property or interests therein, in accordance
23 with the provisions of eminent domain in the Code of Civil
24 Procedure and the Constitution of California.
25 To prepare and prosecute in the District's name such
26 proceedings in the proper court as are necessary for such
27 acquisition.
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1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3permitting the District to take possession and use said real
4 property for said public uses and purposes.
5 PASSED and ADOPTED on March 14, 1989, by the following
6 vote:
7 AYES: Supervisors Powers , Fanden, McPeak and Torlakson
8 NOES: None
9 ABSENT: Supervisor Schroder
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Board of Supervisors of the Contra Costa
15 County, California, at a meeting of said Board on the date
16 indicated.
17 Dated: March 14, 1989
18 Phil Batchelor, Clerk of the
Board of Supervisors and
19 County Administrator
20
21
By:
22 Deputy
23. cc: Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
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San Ramon Creek %Tass
7520-6B8636
APPENDIX "All
PARCEL 5: (S.P. Land Co./Wells Fargo) A Temporary Construction Easement to
expire December 31, 1989
All of that portion of those parcels of land described as Parcel 1 and
Parcel 2 in deed to the Southern Pacific land Ccapany, a California Corpora-
tion recorded October 25, 1977 in Book 8562 at page 70 of Official Records
of Contra Costa County, California, which lies easterly of the following
described lane.
Cot�nP�cing at the most westerly corner of said Parcel 2 (8562 OR 70) , thence
along the northwesterly line of said Parcel 2 north 650 14' 47" east 116.89
feet to the Point of Beginning of said described line.
Mienee from said Point of Beginning south 260 55' 00" east 7.17 feet; thence
south 170 20' 00" east 89.00 feet; thence south 170 10' 00" east 152.00
feet; thence south 440 30' 00" east 10.74 feet to a point in the northerly
line of Parcel One as described in deed to the Southern Pacific
Transportation Company, a Delaware Corporation, recorded September 29, 1972
in Book 6762 at page 822 of Official Records of Contra Costa County. Said
Point being the southerly terminus of said line. Said parcel of lam being
bounded on the southerly terminus of said line. Said parcel of land being
bounded on the south by the said northerly line of Parcel One (6762 OR 822) .
Containing an area of 2,110 sq. ft. of land, more or less.
PARC.F.G 7: (M. Mattioda) (R/W 1370T) , A Tanporary Construction Easement to
expire December 31, 1990
Beginning at the most southerly corner of Parcel "A" as said parcel is shown
on the map of Subdivision MS 232-76 filed August 2, 1977 in Book 56 of
Parcel Maps at page 44; thence from said point of beginning along the
westerly line of Said Parcel "A" north 14 18' 30" west 52.70 feet to a
Point an the east line of the above described _Parcel 1370 from which a
radial line of a curve concave to the east having a radius of 285.00 feet
bears south 890 37' 51" east; theboe northerly along said east line and
curve, through a central angle of 26 Oil 47" a distance of 129.48 feet to a
Point on the westerly line of the "area deeded to Contra Costa County" as
shown on said parcel map (56 PM 44) from which a radial line og a curve
concave to the east having a radius of 45.00 feet bears south 81 13' 22"
east; thence southerly along the arc of said curve, through a central angle
of 680 41' 0311, a distance of 53.94 feet to a point on a nontangent curve
fr - which a radial line 5 a curve concave to the east having a radius of
247.00 feet bears south 70 52' 38" east; tlienoe southerly along the arc of
said curve, through a central angle of 27 50' 3311, a distance of 120.03
feet to the southeasterly line of said Parcel "A"; thence along said line
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south 670 03' 00" west 30.21 feet to the most southerly corner of said
Parcel "A", the point of beginning.
Containing an area of 5,246 square feet of land, more or less.
PANEL. 10: (MoC1un) (1;/W 1371T), A Temporary Construction Easement to
expire December 31, 1990
OatoZn=Ing at the most northerly corner of said Parcel "19 (56 PM 44) ;
thence along the easterly line of saId Parcel "A" south 19 31' 00" east
15.00 feet to the Point of Beginning of the following --,*b � parcel;
therroe from said Point of Beginning leaving said line, north 30 52' 22"
east 125.00 feet to the easterly line of said Lot 14 (25 M 845) ; thence
along said line south 190 31' 00" east 49.27 feet; thence leaving said line,
south 30 52' 22" west 43.44 feet to a point on the northwesterly line of
Bradley Avenue as shown on said "Map of Bradley Tract" (25 M 845) from which
a radial line of a surve concave to the northwest having a radius of 35.00
feet bears north 42 27' 00" west; theice southwesterly along the arc of
said curve, through a central angle of 31 00' 3011, a distance of 18.94 feet
at a point of reverse curve from which a radial line of a c&rve concave to
the southeast having a radius of 35.00 feet bears south 11 26' 30" east;
t" southwesterly along the arc of said curve, through a central angle of
28 04' 4311, a distance of 17.15 feet to the west line of saId Lot 14 (25 M
845) ; thence along said line, north 190 31' 00" west 12.00 feet to the Point
of Beginning.
EXCEPM G THEREFROK all of the above which lies within and easterly of that
easement described in instrument to Contra Costa County recorded March 13,
1978 in Book 8744 at page 93 of Official Records of said County.
Containing an area of 1,017 square feet of land, more or less.
PARCEL 12: (Sdmkot/Auschill) (R/W 137'2T) , Temporary Construction Easement
to expire June 30, 1989
A portion of that parcel of land granted to Horst G. Schakat and Horst
Auschill recorded May 26, 1988 in Book 14355 at page 934 and December 27,
1985 in Book 12680 at page 352 of Official Records of Contra Costa County,
California described as follows:
Beginning at the southeasterly corner of Parcel 1372 as described in the
grant of easement to Contra Costa County Flood Control and Water Conserva-
tion District recorded September 8, 1986 in Book 13106 at page 77 of
Official Records of said County; thence from said point of beginning along
the westerly line of said Contra Costa County Flood Control and Water
Conservation District parcel 1372, north 10 11' 46" west 25.00 feet to a
point on the southeasterly line of the parcel of land described in the deed
to the City of Walnut Creek recorded January 19, 1972 in Book 6567 at page
572 of Official Records of said County; thence along said southeasterly
line, north 250 36' 22" east 27.79 feet; thence leaving said southeasterly
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line, east 12.50 feet; thence south 630 00' 00" east 12.00 feet; thence
south 540 45' 00" east 35.50 feet; thence south 720 00' 00" east 17 feet
more or less to the mrtherly riot of way line of Mount Diablo Boulevard
(also known as Walker Avenue) ; thence along said northerly riot of way
line, in a general westerly direction 82 feet, more or less, to the Point of
beJ ng-
PmM 18: (Cliff Ione) (P/W 1439) , A Teqxorary Construction Easement to
expire June 30, 1989
A portion of that 4.10 acre parcel of land deeded to Cliff Lane Associates
and recorded June 30, 1978 in Volume 890. 3 at page 452, official.Records of
Contra costa Ownty.
Beginning at the most southerly corner of said Cliff Lane Associates parcel;
thence along the boundary thereof, north 330 30' 00" west 569 feet, north
360 56' 05" east 170.66 feet, and south 530 06' 55" east 370 feet; thence
leaving said boundary, south 360 56' 05" west 210 feet and south 530 06' 55"
east 248 feet, more or less, to the southeasterly line of said Cliff Lane
Associates parcel; thence along said southeasterly line, south 650 19' 30"
west 173 feet, more or less, to the point of beginning.
Containing 2.66 acres.
PAH 21: (Kaiser) A TaVorary Construction Easement to expire June 30,
1989.
Portions of that parcel of land deeded to Kaiser Foundation Hospitals and
recorded December 27, 1982 in Volume 11061 of Official.Records at page 224.
SUB^PARCEL A:
Beginning on the south line of East Newell Avenue at the northwest corner
of said Kaiser Fa"tion Hospital's parcel; thence along tdhe north line of
said parcel South 78 21' 30" East 11 feet; thence South 06 West 42.5 feet,
more or less, to the west line of said parcel; thence along said west line
(being the arc of a non-tangent curve concave to the west with a radius of
915 feet) , Northerly 44.5 feet, more or less, to the point of beginning.
SUB-PARCEL B:
Commencing at the southwest corner of said Kaiser Foundation Hospitals
parcel; there along the west line thereof, North 140 27' West 171.87 feet
and North 14 46' West 177.84 feet, to the point of beginning.
7 enoe E said point of beginning, South 140 46' East 34.5 feet, North 050
30' East 26.5 feet, and North 01 West 69 feet, more or less, to the west
line of said parcel; thence along said west line (being the arc of a
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rxxi-tangent curve concave to the west with a radius of 915 feet) , Southerly
63 feet, more or less, to the point of beginning.
SUB-PARC',EL C•
Beginning at the south corner gf Parcel One described above; thence along
the east line thereof, North 06 East 42.5 feet, more or less, to the north
line of Kaiser Foundatica Hospital's parcel (11061 OR 224) ; thence along
said north line, South 78 21' 3001 East 61 feet, to a point on the arc of a
noxi-tangent curve concave to the south with a radius of 30 feet (a radial to
said point bears North 110 West) ; theme alor%said arc, Southwesterly 12.04
feet; thence tangent to said curve, South 56 West 33 feet, to a point on
the arc of a tangent curve concave to the northwest with a radius of 105
feet; thence along said arc, Southwesterly 29 feet, more or less, to the
west line of said Kaiser Foundation Hospital's parcel; thence along said
west line (being the arc of a noxi-tangent curve concave to the west with a
radius of 915 feet) , Northerly 7.5 feet, more or less, to the point of
beginning.
A portions of that parcel of land described as Parcel 1 in the deed to the
Southern Pacific Land C npaniy recorded October 25, 1977 in Book 8562 at page
70 of Official Records of Centra Costa county, State of California,
described as follows:
PAS, 25: (S.P. Ianid Co./Train St. Restaurant) A Temporary Coazstruct m
Easement to expire Jim 30, 1989
C®enicing at the point of intersection of the northeasterly line of the
City of Walnut Creek street known as South Broadway and the southeasterly
line of said Parcel 1 (8562 O.R. 70), said point being the most southerly
corner of said Parcel 1, thence frcm said point of - mini ement along said
southeasterly line of Parcel 1 north 650 14' 47" east 18.63 feet to the
Point of Beginning; thence from said Point of Beginning leaving said
southeasterly line, north 160 19' 13" west 64.95 feet; thence north 170 18'
53" west 105.91 feet; thence north 180 43' 52" west 13.40 feet; theme
north 110 52' 35" west 47.84 feet; thence north 140 41' 34" west 3.16 feet
to a point on a. line parallel and concentric with and distant southwesterly
11 feet, measured at right angles and radially frrai the centerline of said
Wansportati c)ni Cc g3any's main track (San Raman Branch) ; thence along said
line the following courses, south 180 46' 32" east 155.25 feet; thence
southerly along the arc of a tangent curve, concave to the east having a
radius of 966.04 feet through a ventral angle of 30 45' 5411, a distance of
63.48 feet; thence tangent to said curve, south 220 32' 26" east 14.64 feet
to the most easterly Corner of said Parcel 1 (8562 O.R. 70) ; thence along
the said southeasterly line of Parcel 1 south 650 14' 47" west 14.59 feet
to the Point of Beginning.
Cmtaininig an area of 1,733 square feet of land, more or less.
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PAH 26: (S.P. Land Co./Train St. Restaurant) A Temporary Construction
Easement to expire June 30, 1989
Commencing at the point of intersection of the northeasterly line of the
City of Walnut Creek street known as South Broadway and the northerly line
of that parcel of land described as Parcel One in deed to the Southern
Pacific Transportation Coq3any recorded September 29, 1972 in Book 6762 at
page 822 of Official Records, thence from said point of ocement along
said northerly line north 680 37' 17" east 67.52 feet to the Point of
Beginning% thence from said Point of Beginning continuing along said
northerly line (6762 O.R. 822) north 680 37' 17" east 2.62 feet to a point
on a lime parallel with and distant southwesterly 11 feet, measured at right
angles frau the centerline of said Transportation Company's main track (San
Ramm Brandi) ; thence along said line south 180 46' 32" east 9.11 feet;
thence leaving said line, north 350 00' 23" west 9.36 feet to the Point of
Beginning.
Containing an area of 12 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System Zone III, CCS27.
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ex:spland
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