HomeMy WebLinkAboutMINUTES - 04241990 - T.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on April 24, 1990 by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None Resolution No. 90/247
(West's Water Code App. ,
Sections 63-12.6
Gov. Code, Sections 54701-54718
SUBJECT: Annexation No. 2 to Flood Control District Drainage
Area 67A and the Levy of Annual Benefit Assessments for
Financing Drainage and Flood Control Services. Tice
Creek Watershed Area. Project No. 7575-6D8215.
The Board of Supervisors of Contra Costa County, as the
governing body of the Contra Costa County Flood Control and Water
Conservation District, RESOLVES THAT:
On March 13, 1990 this Board adopted Resolution No. 90/151
announcing its intention to annex to Drainage Area 67A the real
property described in Exhibit "A", and attached hereto and made
a part hereof by reference, and to levy annual benefit
assessments for the purpose of financing the maintenance and
operation costs of the drainage and flood control services
provided to said real property; and
On April 24, 1990, pursuant to its March 13, 1990 Resolution
this Board held a public hearing on the question of the proposed
annexation and levy of annual benefit assessments; and
At the time and place fixed for said public hearing, this
Board heard all persons interested in or affected by the proposed
change in drainage area boundaries, heard all relevant evidence
for or against the annexation petition, and heard and considered
all protests against the proposed benefit assessments; and
It appears from the affidavits of publication and posting on
file with this Board that all notices required to be given for
such hearing have been duly and regularly given and all
procedures to be followed have been followed, all in accordance
with Section 11 of the Contra Costa County Flood Control and
. ..., Water Conservation District Act (West's Wat. Code App. , Sections
63-3.3 and 63-12.7) , in accordance with Government Code Sections
6066 and 54716, and in accordance with the provisions of the
Board's May 23, 1989 Resolution; and
The Chief Engineer has previously filed with the Clerk of
the Board the written report required by Government Code Section
54716 describing the annual benefit assessments for drainage and
flood control services proposed to be levied against the real
property described in said report and the aforementioned Exhibit
"A" ; and
This Board has received no resolution or ordinance adopted by
the City of Walnut Creek requesting exclusion of territory from
the area being annexed.
NOW, THEREFORE, this Board hereby DETERMINES that it can be
seen with certainty that there is no possibility that the
activity may have a significant effect on the environment; and
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project.
RESOLUTION NO. 90/ 247
Drainage Area 67A April 24, 1990
Annexation No. 2 Page 2 of 2
This Board hereby FINDS that the proposed annexation is for
the best interests of the drainage area and hereby ORDERS that
the real property described in Exhibit "A" is annexed to Contra
Costa County Flood Control and Water Conservation District
Drainage Area 67A, subject to the requirement that the owners of
the annexed land approve and pay the annual benefit assessments
described below.
This Board hereby APPROVES the Engineer's Report, attached
hereto ESTABLISHES an area of benefit corresponding with the real
property described in Exhibit "A" attached hereto, and PROPOSES
the adoption of the annual benefit assessments described in said
report.
This Board hereby DIRECTS that the County Clerk (Elections
Clerk) take all steps necessary to conduct the election required
by Government Code Section 54717 (a) to authorize the annual
benefit assessments described in the aforementioned report. Said
election shall be conducted by mailed ballots pursuant to
Elections Code Section 1340 and shall be held on the earliest
date permitted by law, and following completion of toe election,
the County Clerk (Elections Clerk) shall file with the Clerk of
the Board a certification (official canvas) of the vote cast on
the proposition.
The annual benefit assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54717 shall take
effect upon approval by the vote required by law. The annual
benefit assessments shall be payable as follows:
1. All new lots shall be assessed in the fiscal year following
the filing of the final map creating said lots;
2. All existing lots that receive impervious surfaces shall be
assessed in the fiscal year following the construction of
impervious surfaces;
3 . As provided in Government Code Section 54717 (b) , the Board
may annually determine and impose subsequent annual
assessments, but such assessments shall not exceed a maximum
of $49.82 per IAU, as adjusted for inflation by the State of
California, Construction Cost Index;
4. An amount equal to twice the annual benefit assessment shall
be levied until a reserve fund equal to two times the
estimated annual maintenance cost has been created or
restored to its recommended amount; and
5. The developers shall reimburse the Flood Control District
for all maintenance costs in excess of the revenue from
levied assessments until such time as 75 percent of the lots
have been improved and these lots are paying the annual
assessments.
RSC:\DA67a I hereby certify that this is a True and correct copy of
originator:
an action taken and entered on the minutes of the
Originator: Public Works (FCE) Board of SupervAl oyndhg datOwn.
cc: County Administrator ATTESTED: t't( 4 y
Community Development PHIL_BATCHELOR,clerk of the Board
Building Inspection ofSupervisors and County Administrator
County Counsel
County Assessor orBal_ _LAJA ,peputy
County Treasurer - Tax Collector
County Auditor - Controller
County Recorder - Elections Divs.
Chief Engineer
Flood Control Eng.
P.W. Accounting
RESOLUTION NO. 90/ 247
CS89040/G142
11/28/89
ECHIBff "A"
ALL THAT REAL PROPERTY situated in the State of California, County of Contra Costa,
an unincorporated area, described as follows:
AREA 6
A portion of Rancho San Ramon, more particularly described as follows:
Beginning at the Southwest comer of the five-acre tract of land described in the deed
from Hansford B. Griffith and wife, to Robert W. Miller, dated October 16, 1911, and
recorded February 14, 1912, in Volume 175 of deeds, at page 512; thence north 16° 29'
west 78.76 feet to a point on the westerly line of said five-acre tract; thence on a line
through said five-acre tract north 610 10'50" east 371.33 feet; thence south 37° 00' east .
274.53 feet to an angle point in the southerly line of the 3.32 acre tract of land described
in the deed from George A. Putnam and Grace B. Putnam, his wife, to Edmund G.
Hampton and Bessie Hampton, his wife, dated January 20, 1926, and recorded February
8, 1926, in Volume 27 page 153, in the office of the County Recorder of Contra Costa
County; thence following the courses of the southerly and westerly line of said 3.32 acre
parcel, south 20 46' west 33.20 feet; thence south 230 29' east 30.66 feet; thence south
62°32' west 460.20 feet to the most southwesterly comer of said 3.32 acre tract; thence
north 16° 29' west 248.48 feet to the point of beginning.
AREA 7
A portion of Section 3, Township 1 South, Range 2 West, Mount Diablo Meridian, Contra
Costa County, State of California, described as follows:
Beginning at a point on northeasterly right-of-way line of Rossmocr Parkway and being
the most southerly comer of LOT 1 as shown on that map titled "Subdivision 4415" filed
May 3, 1973 in Book 157 of Maps at page 3, records of Contra Costa County; thence
from said Point of Beginning northeasterly along the southeasterly boundary of said
parcel, north 46°24'56" east 153.00 feet, to a point on the southwesterly boundary of LOT
1 as shown on that map titled "Subdivision 4553" filed January 25, 1974 in Book 166 of
Maps at page 30; thence along the boundary of said LOT 1 (166 M 30) the following
courses: north 46°24'56"east 39.50 feet. south 52001'34° east 79.39 feet, south 30°27'50"
east 192.70 feet. south 35°04'52" east 68.55 feet, and south 52016'22" east 74.85 feet to
the northwesterly comer of LOT 2 as shown on that map titled "Subdivision 4626" filed
May 28, 1974 in Book 169 of Maps at page 20;thence along the southwesterly boundary
of said LOT 2 (169 M 20) south 5°01'45" east 12.55 feet and south 37°57'33"east 90.83
feet to the northerly comer of PARCEL "A" as shown on that map titled "PARCEL MAP
M.S.W.C. 810-80" filed July 24, 1980 in Book 88 of Parcel Maps at page 1; thence
southwesterly along the northwesterly boundary of said Parcel "A" south 54°00'00" west
171.70 feet to the westerly comer of said Parcel "A", being a point on the northeasterly
right-of-way line of Rossmoor Parkway as shown on said map (88 PM 1); thence
northwesterly along the northeasterly right-of-way line of Rossmoor Parkway on a non-
tangent curve concave to the southwest, having a radius of 1539.00 feet, through a
central angle of 10°24'47", an arc distance of 279.70 feet; thence tangent to said curve
north 43035'04" west 207.38 feet to the Point of Beginning.
Containing an area of 87,882 square feet (2.01 acres) of land, more or less.
Bearings are based on the Califomia Coordinate System Zone III (C.C.S. 27)
RSC:sj
a:annex.67a
February 20, 1990