HomeMy WebLinkAboutMINUTES - 05021995 - H.1 t Contra
TO:� BOARD OF SUPERVISORS • �, _} ',Z COStC1
FROM: HARVEY E. BRAGDON - County
DIRECTOR OF COMMUNITY DEVELOPMENT rcdN J
DATE: May 2, 1995
SUBJECT: Establishment of Zone 3000 within County Service Area P-6 for Police
Services for Subdivision 7903, North Richmond Area (Parcel #408-160-
042)
SPECIFIC REQUEST(S) OR RECOMMENDATION(q) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Adopt the resolution creating Zone 3000 within County Service
Area P-6 and authorizing election.
2 . Adopt the ordinance establishing a fee for a Police Service
District for Subdivision 7903 .
3 . Direct the County Clerk to conduct the election required by
Government Code Section 53978 . This election shall be
conducted by mail ballot pursuant to Code Section 1340 and
shall be held on the earliest date permitted by law.
FISCAL IMPACT
None. The cost of the election is covered by the applicant and the
assessment will be paid,by the future homeowners .
BACKGROUND/REASONS FOR RECOMMENDATIONS
Subdivision 7903 was approved on March 27, 1995, with the
requirement to establish a Police Service District.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 2 , 1995 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Aruna Bhat - 646 -4208
Orig: Community Development Department ATTESTED May 2 , 1995
cc: County Counsel PHIL BATCHELOR, CLERK OF
Sheriff-Coroner, Sgt. Julie Ryan THE BOARD OF SUPERVISORS
County Clerk - Elections CO Y ADMINISTRATOR
County Auditor-Controller
Assessor BY
' nA,,,u7i . 1
Community Housing Development Corporation Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 2 , 1995 , by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Creating County ) RESOLUTION NO. 95/163
Service Area P-6 Zone 3000) (Gov. C. 25210.8 &
(SUB 7903) ) 54900 ff.)
in the North Richmond Area)
and Authorizing a )
Special Tax Election in )
Said Zone. )
This Board recognizes the need for increased police protection services in the above subject zone
and the difficulty of funding the current or an increased level of services by revenues now
available. Government Code Sections 50077 and 53978 establish procedures for voter
authorization of a special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A"
is established as Zone 3000 of County Service Area No. P-6. No affected properties
located therein will be taxed for any existing bonded indebtedness or contractual
obligations as a result of the formation of said zone.
2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone
to be made with the County Assessor and the State Board of Equalization (in Sacramento)
pursuant to Government Code Sections 54900-54902. The filing shall include a map or
plot indicating the boundaries of said zone.
3. That Ordinance No. 95-26 adopted this date is to be presented for approval of the voters
of Zone 3000 of County Service Area No. P-6 by a June 27, 1995, mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 95-26 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 3000 of County Service P-6 to maintain
the present level of police protection service and provide.,additional
funding for increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the
election required by this order. Said election shall be conducted by mailed ballot
(Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A
synopsis of the Ordinance may be used.
1 hereby certify that this Is a true and correct copy of
Orlg. Dept:Community Development an action taken and entered on the minutes of the
cc: County Counsel Board of SuDervIsors on the date shoo
Sheriff-Coroner, Sgt.Julie Ryan ATTESTED: S
PHIL 8AT H OR,Clerk of the Board
County Clerk - Elections, Bob Delevati ofSupe ora and Administretor
Auditor-Controller
Assessor By ° ,pepUty
RESOLUTION NO. 95/163
EMBIT A
Resolution 95/163
Subdivision No. 7903
Zone No. 3000
LEGAL DESCRIPTION
The land referred to in this Report is situated in the state of
California, City of un-incarporated area, County of Contra Costa, and
is described as follows:
PARCSL ONE;
Portion of lots 31 and 32 in section 2, township 1 north, rang& 5 west,
Mount Diablo Base and Meridian, as designated -on the map entitled °Map
No. 1 of salt marsh and tide lands situate in the County of Contra
Costa, State of California 1872", which map is on file in the offic3 of
the surveyor General, as described as follows:
Beginning at a point on the north line of the 123 .23 acre parcel of
land described in the deed from W. H. Marston to Contra Costa Water
Company, dated October 25, 1901, and recorded November 1, 1301, in
Volume 90 of deeds, at Page 414, distant thereon, 629.94 feet westorly
from the northeast corner thereof, and from which point of beginning, a
concrete monument set at the corner c:cmmon to sections 1, 2, 11 and 12
in said township bears south 1015 25' 40" east, 862.74 feet; thence from
said point of beginning, north 890 551 west along north line of said
123 .23 acre parcel, 684.89 feet; thence leaving said north line south,
509.31 feet to a point on the northern line of a road 40 feet in width;
thence east along said road line, 684.89 feet; thence north 508.31 feet
Lu rho point of beginning.
4
PARCEL TWOS
Portion of lot 25 in section l; Portion of IoL 32 in section 2;
Portion of lot 1 in section 11 and portion of lot 8 in section 12,
township 1 north, range 5 west, Mount Diablo base and meridian, as
designated on the map entitled "Map No. 1 of salt marsh and tide lands
situate in the County of Contra Costa, State of California 18720, which
map is on file in the offices of the surveyor General, described as
follows:
Beginning at a concrete monument sec ac the intersection of the line
between sections 1 and 12 in said township, with the westerly line of
the Rancho San Pablo, distant along'said section line east, 128.16 feet
from a concrete monument set at the corner common to said sections 1,
2, 11 and 12, said point-of beginning being the northeast corner of the
parcel of land conveyed by Mintzer Estate Co. to East Bay Water Co. , by
deed dated July 11, 1919, and recorded July 17, 1919, in Volume 343 of
deeds, at Page 219, and also being the southeast corner of the 123 .23
acre tract of land conveyed by W. H. Marston to Contra Costa Water Co. ,
(Legal Description Continued)
Page 7
f+PR-05-1995 1537 510 215 9275 P.001
py deed dated October 2S, 1901, and recorded November 1, 1901 , in
Volume 90 of deeds, at Page 414; thence trom caid point of beginning
along the west line of the Rancho San Pablo, being the cast line of
said 123 .23 acre tract, north 130 331 east, 118.40 fact to station S.
P. 11, north 540 east, 224.40 feet to Station S.P. 10, north 1* 451
west, 330 teat to station S. P. 9, and north 280 251 east, 307.80 foot
to the northeast corner of said 123 .23 acre tract; thence leaving the
west line of the Rancho San Pablo north 620 SS' west along the north
line of said 123.23 acre tract,629.90 feet; thence leaving said north
line, SOULU 1064.06 feet to a point on the south Zine of said land
conveyed to the Eats(. Bay Water Co. , by Mintzer 93tato Company (343 D
219) ; Thent;e north 890 58, east along z;uid south line, 232.35 feet to
the southwest corner thereof, being on the west lizie of the Rancho San
Pablo; thence north 136 331 east along said west line, 221.74 feet to
the paint of beginning.
EXCEPTING FROM PARCELS ONE AND TWO:
1 . The interest conveyed in the deed frvitt John T Haywords to Contra
Costa county, dated April 2, 1898, and recorded April 4, 1899, in
Volume 77 of deeds, at Pay= 472, over that portion of the pramizoa
lying within the parcel ur land described in said deedaa
follows:
"Being a portion of lot 25 in sect. 2 T. I N. R. 5 W. M. U.
M. of state tide lands beginning at the S.W. corner of the
west end of road no. 25 of the San Pablo Rancho' thence
(along the west end of said roads 25) N. 1 3/40 W. 40 feet to
station, thence N 28 1/4* Z (along fence between Emeric &
party of the first part) 371.58 feel to station in northern
boundary line of ltuids of party of first part, thence west 45
feet to station, theauc S. 28 1/40 W 300 feet to station,
thence S 1 3/4- east S2 feet more or loss to station, thence
east 40 feet into place of beginning. Being the same land
described in report of viewers in matter of road petition of
WM Belding at al, for a road in *up. district no. I road
district no. 2 Contra Costa County. "
2 . That portion of the premises lying within the 3 .12 acre parcal of
land described in the deed from EauL Say Water Company to tho City
of Richmond, dated March 21, 1923, and recorded April 30, 1923, in
volume 431 of deed*, at: page 346, as follows;
*A strip of land forty (40) feet wide, described an follows,
to wit ;
Commencing at the northwest cornu- of a five acre tract of
land sold by EauL Say Water Company to Luigi G. Costa, and
(Legal Description Continued)
Page a
APP-06-1995 10:20 510 215 9275 P.001
From CHDC PH&h� No. S10 215 '�2 5 Apr.05 1995 4:45PM P03
Order No. 455316
LEGAL DESCRIPTION
(CONTnwm)
Guiseppina Costa, by contract of sale dated November 23, 1921,
recorded December 20, 1922, in Volume 422 of deeds, Page 2G2,
records of Contra Costa County, State of California, said point of
commencement being also the northeast corner of the thirty three
and 856/1000 (33 .856) acre tract of land herein dee4ad by East Ray
Water Company to the City of Richmond, and running thence alorig
the northerly line of said last mentioned tract went twenty fo»r
hundred seventy six and 40/100 (24'74 .40) teat; thence north 100
39' west forty and 7/10 (40 .7) feet; thence east thirty three
hundred ninety six and 86/100 (3396 .86) feet to a point on LhA
western line of the Rancho San Pablo; thence along said western
line of said Rancho San Pablo south 10 45' east forty and 2/100
(40. 02) feed.; thence leaving said line of said Rancho San Pablo
west nine hundred fourteen and 16/100 (914 .16) feet to the point
of commencement. "
3 . That portion of premises conveyed to Edward James Hegarty, an
unmarried man, by grant deed recorded April 27, 1973, in Book
6925, Page 868, Official Records, described as follows:
That parcel of land in the County of Contra Costa, State of
California, described as follows:
Portion of lot 31 as shown in section 2, Lownship i north,
range 5 west, Mount Diablo base and meridian, described ac
follows:
Beginning on the west line of a proposed right of way of
North Richmond Bypass ars shown on the map entitled "A precise
section of the stracta and highways plan, Contra Coati
County, North Richmond Bypass", recorded November 5, 1969, in
Book 5998, of Official Records, Page 209, at the north line
of the parcel of land described as parcel one in the deed to
West Richmond Nursery Company, recorded August 29, 1947, in
Book 1130, of Official Records, Page 90; thence from said
point of beginning along said west line as follows:
South 00 35' 88" west 467.29 Leet; thence souL2iwesterly and
westerly along a tangent curve concave to the northwact
having a radius of 20.00 feet through a central angle of 900
30' 11" an arc length of 31.59 feet and south 10 05, 19" west
22 .00 feet to the north line of Gertrude Avenue; thence along
said north line north 888 54' 411, west 149.47 feet, more or
less, to the southwest corner of said west Richmond Nursery
Company parcel one (1130 OR 90) ; thence along the exterior
lines of said parcel, as follows : North, 509.31 feet and
south 890 55, east, 169.47 feet , more or less, to the point
of beginning.
(Legal Description Continued)
P ac3r_ 9
APP.-05-1995 510 215 9a'7S
From i-HDC PHONE No. : 510 215 9275 Apr.05 1995 4:45PM PO4
Order No. 455316
LEGAL DESCRIPTION
(CONTINUED)
4 . That portiocl of premises conveyed to Contra Costa County, a
political subdivision of the state of California, by corporation
grant deed recorded October 25, 1973 , in Book 7077, page 227,
Official Records, described as follows:
Fort:ion of JoLs 31 and 32 in section 2, township 1 north,
range 5 west, Mount Diablo base and meridian, as dAsignated
on the map entitled "Map no. 1 of salt marsh and tide lands
situated in the County of Contra Costa, Slate of c:alifornia,
187211, which map is on Lila in the office of the Surveyor
General at Sacramento, California, described as follows!
Beginning on the west line of the proposed right of way of
North Richmond Bypass, as shown on the map entitled "A
precise aec;Lion of the streeto and highways plan, Contra
Costa County, North Richmond Bypacc" , recorded November 5,
1969, in Bock 5998, Official Recordc, . at Page 209, at the
north line or the parcel of land described as parcel one in
the deed to West Richmond Nursery Company, recorded August
29, 1947, in Book 1160, Official Records, at page 90; thence
from said point of beginning along said west line as follows;
south 00 35' 08" west 467.29 feet, Lhence southwesterly and
westerly along a Langent curve concave to the northwes4
having a radius of 20.00 feet through a central angle of 90"
30' 11" an arc length of 31.59 fe"L and south 10 05' 19" west
22.00 feet to the north line of Gertrude Avenue; thence along
said north line south 880 54' 41" east 150.11 feet to tha
east line of said proposed right of way of the North Richmond
Bypass (5998 or 209) ; thence along said east line an follows:
North 10 05' 19" east 10.00 feet to a point from which a
radial line of a curve concave to the northeast having a
radius of 20.00 feet bears north 16 OS' 19" east, theriaa
northwesterly and northerly along said curve 31.24 feet and
tangent to said curve north 00 35' 08" east 479.77 feat to
said north line of parcel one t113o OR 90) ; thence along said
north line north 88° 58' 41" west 110 . 00 fact to the point of
beginning.
5 . That portion of premises conveyed to John Canepa, et al, by grant
deed recorded February 17, 1976 , :n Book 7763 , page 458, Official
Rccordo .
6 . All water rights in, upon or pe:,-dining to the said real property
hereinabove described, including all riparian rights and all
rights to surface waters whatscever, all rights to underground
and/or percolating waters, and All rights to whatsoever now held
or acquired, or to be hereafter ;:eld or acquired, by grantor by
(Legal Description Continued)
Page 10
From' : CHDCPHONE No. : 510 215 9275 Apr.05 1995 4:46PM P05
Order No. 455316
LEGAL A$3CRI2TION
(CONTINUED)
appropriation or prescription to flood or froahet waters, or to
any waters whatsoever, together with full rights to sell or
othezwige dispose of said ur any waters for domestic or other urea
apart from or at points distant irum said real property; provided,
however, that grantee may use upon said real property for domestics
uses (including dairying and other natural uses) and irrigation
uses, any water icund in or upon said lands whanaver rand grantor
does not require or use said water, but without the right of said
grantee to conduct maid water from said real property to or for
use upon other lands, and subject always to the paramount ricghta
of said grantor to collect for use or sale alt ftha water
obtainable at all and any dams, reservoirs, walla and pumping
planta, existing or future, of said grantor; and provided further
that failure of the grantor to use to take all said waters at all
times shall not affect, impair, diminish or destroy the right and
title thereto, and herein reserved and excepted from the operation
of this deed, as reserved by the East Bay Water Company in
instrument recorded August 11, 1923, in Book 446 of deeds, Page
90, and November 7, 1924, in book 482 of deeds, Page 125.
7. That portion thereof conveyed in the deed to the City of Richmond
recorded February i5, 1994, instrument No. 94-43144, described as
follows:
BEGINNING on the easterly line of the right of way of North
Richmond Bypass as shown on the Map entitled "A Precise Section of
Streets and Highways Plan, Contra Costa County, North Richmond
Bypass" recorded November 5, 1969 in Book 5998 of Official Records
of Contra Costa County at Page 209 a the northerly line of the
parcel of land described as Parcel One in the Deed to Development
Partnership recorded August 13, 1990 in Book 16047 of Official
Records at Page 393; thence, along said northerly Line thereof,
south 880 58, 39" east, 22.00 feet; thence leaving said northerly
line South 00 35' 10" west 509.62 feet to a point on the northerly
line of Gertrude Avenue; thence along said northerly line north
880 54' 39" west 2.26 feet to the easterly lane of said North
Richmond Bypass(5998 OR 209) ; thence along said easterly line
North 10 05' 21" east 10.00 feec to a point from where the radial
center of a non-tangent curve concave to the northeast having a
radius of 20.00 feet bears north 10 OS' 21" east; thence along
said curve northwesterly through a central angle of 890 29' 49" ,
an arc distance of 31.24 feet; thence north 000 35' 10" east
479.77 feet to the point of beginning.
AP NO: 408-160-042
Total acreage = 10.43 acres
Page 11
APP-05-1995 15:39 510 215 9275 P.005
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4
ORDINANCE NO. 95-26
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
3000 of County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows :
ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent
of this Ordinance to authorize the levy of a tax on parcels of real
property on the secured property tax roll of Contra Costa County
that are within Zone 3000 of Contra Costa County Service Area No.
P-6 in order to augment funding for police protection.
This tax is a special tax within the meaning of Section 4 of
Article XIIIA of the California Constitution. Because the burden
of this tax falls upon property, this tax also is a property tax,
but this tax is not determined according to nor in any manner based
upon the value of property; this tax is levied on a parcel and use
of property basis . Insofar as not inconsistent with this Ordinance
or with legislation authorizing special taxes and insofar as
applicable to a property tax that is not based on value, such
provisions of the California Revenue and Taxation Code and of
Article XIII of the California Constitution as relate to ad valorem
property taxes are intended to apply to the collection and
administration of this tax (Article IV of this Ordinance) , as
authorized by law.
The revenues raised by this tax are to be used solely for the
purposes of obtaining, furnishing, operating, and maintaining
police protection equipment or apparatus, for paying the salaries
and benefits of police protection personnel, and for such other
police protection service expenses as are deemed necessary.
ARTICLE II. DEFINITIONS. The following definitions shall
apply throughout this Ordinance:
1 . "Parcel" means the land and any improvements thereon,
designated by an assessors parcel map and parcel number and
carried on the secured property tax roll of Contra Costa County.
For the purposes of this Ordinance, parcel does not include any
land or improvements outside the boundaries of Zone 3000 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 95-26
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 3000 (hereinaf-
ter called "Zone") means that portion of the unincorporated area of
Contra Costa County located within the Zone' s boundaries described
(see Exhibit A attached hereto) .
4 . V'Use Code" means the code number assigned by the Assessor
of Contra Costa County in order to classify parcels according to
use for ad valorem property tax purposes. A copy of the Assessor' s
use code classifications chart is attached hereto as Exhibit B and
incorporated herein.
5 . "Consumer Price Index" means the Consumer Price Index for
all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose
Area (1982-84=100) as published by the U.S. Department of Labor,
Bureau of Labor Statistics . If the Consumer Price Index is
discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain
substantially the same result as would be obtained if the Consumer
Price Index had not been discontinued or revised.
6 . "Constant first year dollars" shall mean an actual dollar
amount which, in years subsequent to the first fiscal year the tax
is levied, shall have the same purchasing power as the base amount
in first fiscal year dollars as measured by the Consumer Price
Index. The base amount shall be the amount of tax per parcel as
specified in Article III 1A herein. The adjustment from actual to
constant dollars shall be made by use of the Consumer Price Index,
as specified in Section III 1B herein.
ARTICLE III. AMOUNT AND LEVEL OF TAXES
1 . The tax per year on each parcel in the Zone shall not
exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 1996
through June 30, 1997) shall be the Amount of Tax Per Parcel for a
Property Use Code Category as set forth on Exhibit C incorporated
herein.
-2-
ORDINANCE N0. 95-26
B. For Subsequent Fiscal Years :
In order to keep the tax on each parcel in constant first year
dollars for each fiscal year subsequent to the first fiscal year,
the tax per year shall be adjusted as set forth below to reflect
any increase in the Consumer Price Index beyond the first fiscal
year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County
shall determine the amount of taxes to be levied upon the parcels
in the Zone for the then current fiscal year as set forth below.
For each Property Use Category on Exhibit C, the tax per year
on each parcel for each fiscal year subsequent to the first fiscal
year shall be an amount determined as follows :
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that in no event shall the tax per parcel for
any fiscal year be less than the amount established for the first
fiscal year.
2 . The taxes levied on each parcel pursuant to this Article
shall be a charge upon the parcel and shall be due and collectible
as set forth in Article IV, below. A complete listing of the
amount of taxes on each parcel shall be maintained by the Sheriff-
Coroner of the County of Contra Costa at Martinez, and be available
for public inspection during the remainder of the fiscal year for
which such taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1 . Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute
a lien on such property, in accordance with Revenue and Taxation
Code Section 2187, and shall have the same effect as an ad valorem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 95-26
2 . Collection.
The taxes on each parcel shall be billed on the secured roll
tax bills for ad valorem property taxes and shall be due the County
of Contra Costa. Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the taxes are to be collected in the same
manner in which the County collects secured roll ad valorem
property taxes . Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll ad valorem property taxes shall be applicable to
the collection of this tax. Notwithstanding anything to the
contrary in the foregoing, as to this tax: 1) the secured roll tax
bills shall be the only notices required for this tax, and 2) the
homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers collect-
ing and administering this tax shall be deducted from the collected
taxes .
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of
clause of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portion of
this Ordinance. The voters of the Zone hereby declare that they
would have adopted the remainder of this Ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held June 27, 1995 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1996 .
-4 -
ORDINANCE NO. 95-26
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on May__2 ,
1995 by the following vote:
AYES: SUPERVISORS Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
Dep ty Board Chair
VJW:df
df4:vjw\ord\csap6
-5-
ORDINANCE NO. 95-26
I7HIBIT A
Ordinance No. 95-26
Subdivision No. 7903
Zone No. 3000
LEdiL DESCRIPTION
The land referred to in this Report is situated in the state of
California, City of unincorporated area, County of Contra Costa►, and
is: deaaribed ae followas
PARCEL ONE:
Pvil:ion of lots 31 and 32 in section 2, township 1 north, range 5 west,
Mount Diablo Base and Meridian, as: designated on the map entitled "Map
No. 1 of salt march and tide lands situate in the County of Contra
Costa, State of California 187211 , which map is on file in the office of
the Surveyor General, as described as follows:
Beginning at a point on the north line of the 123 .23 acre parcel of
-land described in the deed from W. H. Marston to Contra Costa Water
Company, dated October 25, 1901, and recorded November 1, 1901, in
Volume 90 of deeds, at Page 414, distant thereon, 629.90 feet westorly
from the northeast corner thereof, and from which point of beginning, a
concrete monument set at the corner common to sections 1, 2, 11 and 12
in said township bears south 100 25' 40" east, 862.74 feet; thence from
said point of beginning, north 890 55, west along north line of aaid
123 .23 acre parcel, 684.89 feet; thence leaving said north line south,
509.31 feet to a point on the northern line of a road 40 feet in width;
thence east along said road line, 684 .89 feet; thence north 508.31 feet
tv Lho point of beginning.
PARCEL TWOz
Portion of lot 25 in section 1; Portion of loL 32 in section 2;
Portion of lot 1 in section 11 and portion of lot 8 in section 12,
township 1 north, range 5 west, Mount Diablo base and meridian, as
designated on the map entitled "Map No. 1 of salt marsh and tide lands
situate in the County of Contra Costa, State of California 187211, which
map is on file in the office of the surveyor General, deoeribed as
follows:
Beginning at a concrete monument set at the intersection of the line
between sections 1 and 12 in said township, with the westerly line of
the Rancho San Pablo, distant along'said section line east, 128.16 feet
from a concrete monument set at the corner common to said sections 1,
2, 11 and 12, said point-of beginning being the northeast corner of the
parcel of land conveyed by Mintzer Estate Co. to East Bay Water Co. , by
deed dated July 11, 1919, and recorded July 17, 1919, in Volume 343 of
deeds, at Page 219, and also being the southeast corner of the 123 .23
acre tract of land conveyed by W. H. Marston to Contra Costa Water Co. ,
(Legal DescripLion Continued)
Page 7
APR-05-1995 15:37 510 215 9275 P.001
Oy deed dated October 2S, 1901, and recorded November 1, 1901 , in
Volume 90 of deeds, at Page 414; thence from said point of beginning
along the west line of the Rancho San Pablo, being the cast line of
said 123.23 acre tract, north 130 331 east, 118.40 fact to station R.
P. 11, north 540 east, 224 .40 feet to Station S.F. 10, north 10 45I
west, 330 feet to station S. P. 5, and north 280 251 east, 307.80 feet
to the northeast corrier of said 123 .23 acre tract; thence leaving the
west line of the Raiivha San Pablo north 690 55, west along the north
line of said 123.23 acre tract,629.90 foot; thence leaving said north
line, wvul-h 1064.06 feet to a point on the south line of said land
conveyed to the EavL, Bay Water Co. , by Mintzer Estate Company {343 D
219) ; Thenue north 890 58, east along waid south line, 232.35 feet to
the southwest corner thereof, being on the went lixie of the Rancho San
Pablo; thence north 130 331 east along said west line, 221.74 feet to
the yvint of beginning.
EXCEPTING FROM PARCELS ONE AND TWO:
1 . The interest conveyed in the deed frvtti John T Haywords to Contra
Costa County, dated April 2, 1898, and recorded April 4, 1999, in
Volume 77 of deeds, at Paye 472, over that portion of the promiaca
lying within the parQul of land cl*ocribed in said deed aa
follows-
"Being a portion of lot 2s in sect. 2 T. I N. R. 5 W. M. D.
M. of state tide lands beginning at the S.W. corner of the
west end of road no. 25 of the 'San Pablo Rancho, thence
(along the west end of said roads 25) N. 1 3/40 W. 40 feet to
station, thence N 2s 1/4o z (along fence between Emeric &
party of the first part) 371.58 feeL,- to station in northern
boundary line of 141lds of party of first part, thence went 45
feet to station, thetics S. 28 1/46 W 300 feet to station,
thence S 1 3/41 east 52 feet more or lees to station, thence
east 40 feet into place of begirining, Being the same land
described in report of viewers 11i matter of road petition of
WM Belding at al, for a road in sup. district no. I road
district no. 2 Contra Costa County. "
2. That portion of the premises lyixiy within the 3 .12 acre parcal of
land described in the deed from EaaL Day Water Company to the City
of Richmond, dated March 21, 1923, and recorded April 30, 1923, in
voluine 431 of deeds, at; page 346, as, follows;
"A strip of land forty (40) feet wide, described as follows,
to Wit ;
Commencing at the northwest corner of a five acre tract of
land sold by East Say Water Company to Luigi G. Costa, and
(Legal Description Continued)
Paige a
APR-06-1995 1020 510 215 92?5
P.001
From CHDC PHONE No. : 510 215 9275 Apr.05 1995 4:45PM P03
order No. 455316
LEGAL DESCRIPTION
(CONTINUED)
G»iseppina Costa, by contract of sale dated November 23, 1921,
recorded December 20, 1922, in Volume: 422 of deeds, Mage 2G2,
records of Contra Costa County, State of California, said point (if
commencement being also the northeast corner of the thirty three
and 956/1000 (33 .856) acre tract of land herein deeded by East Bay
Water Company to the City of Richmond, and running thence along
the northerly line of said last mentioned tract west twenty four
htindred seventy six and 40/100 (2476.40) feet; thence north 100
39' west forty and 7/10 (40 .7) feet; thence east thirty three
hundred ninety six and 86/100 (3396 .86) feet to a point oil G17A
western line of the Rancho San Pablo; thence along said western
line of said Rancho San Pablo south 10 45' east forty and 2/100
(40 ,02) feet.; thence leaving said line of said Rancho San Pablo
west nine hundred fourteen and 16/100 (914 .16) feet to the point
of commencement. "
3 . That portion of premises conveyed to Edward James Hegarty, an
unmarried man, by grant deed recorded April 27, 1973, in Book
6925, Mage 868, Official Records, described as follows :
That parcel of land in the County of Contra Costa, State of
California, described as follows :
Portion of lot 31 as shown in section 2, Uownahip 1 north,
range 5 west, Mount Diablo base and meridian, described ac
follows:
Beginning on the west line of a proposed right of way of
North Richmond Bypaou aw shown on the map entitled "A precise
section of the streets and highways plan, Contra Coata
County, North Richmond Bypass" , recorded November 5, 1969, in
Book 5998, of Official Records, Page 209, at the north line
of the parcel of land described as parcel one in the deed to
West Richmond Nursery Company, recorded August 29, 1947, in
Book 1130, of Official Records, Page 90; thence from said
point of beginning along said west line as follows:
South 00 35' 88" west 467.29 Lcet; thence souLliweaterly and
westerly along a tangent curve concave to the northwest
having a radius of 20.00 feet through a central angle of 900
30' 11" an arc length of 31.59 feet and south 10 05' 19" west
22 . 00 feet to the north line of Gertrude Avenue; thence along
said north line north 886 541 4111 west 149.47 feet, more or
less, to the southwest corner of said West Richmond Nursery
Company parcel one (1130 OR 90) ; thence along the exterior
lines of said parcel, as follows : North, 509.31 feet and
south 890 55, east, 169.47 feet , more or less, to the point
of beginning.
(Legal Description Continued)
Pagc 9
APP.-05-1995 15:38 510 215 9275 P.003
From : CHDC PHONE No. 510 215 9275 Apr.05 1995 4:45PM PO4
Order No. 455316
LEGAL DESCRIPTION
(CONTINUED)
4 . That portico of premises conveyed to Contra Costa County, a
political subdivision of the state of California, by corporation
grant deed recorded October 25, 1973, in Book 7077, Page 227,
Official Records, described as follows :
Ynrtion of lots 31 and 32 in section 2, township 3. north,
range 5 west, Mount Diablo bane and meridian, as dAsignated
on the map entitled "Map no. 1 of salt marsh and tide lands
situated in the County of Contra Costa, Slate of rAlifornia,
187211 , which map is on file in the office of the Surveyor
General at Sacramento, California, described ae follows:
Beginning on the west line of the proposed right of way of
North Richmond Bypass, as shown on the map entitled "A
precise rseuLion of the streeto and highways plan, Contra
Costa Courlty, North Richutond Bypana" , recorded November 5,
1569, in Book 5998, official Recordc, . at Page 209, at the
north line of the parcel of land described as parcel one in
the deed to West Richmond Nursery Company, recorded August
29, 1947, in Book 1160, Official Records, at page 90; thence
from said point of beginning along said west line as follows;
south 00 35' Ot!" west 467 .29 feet, Lhence southwesterly and
westerly along a tangent curve concave to the northwwoL
having a radius of 20.00 feet through a central angle of 900
30' 11" an arc length of 31.59 feel. and south 10 05' 191, west
22.00 feet to the north line of Gertrude Avenue; thence along
said north line south 880 54' 41" east 150.11 feet to tha
east line of said proposed right of way of the North Richmond
Bypass (5998 or 209) ; thence along said east line as follows:
North 10 05' 19" east 10. 00 feet to a point from which a
radial line of a curve conr;ave to the northeast having a
radius of 20. 00 feet bears rncrLh 1° 05' 19" east, thence
northwesterly and northerly clung said curve 31.24 feet and
tangent to said curve north 00 35' 08" east 479.77 feat to
said north line of parcel one 11130 OR 90) ; thence along said
north line north 086 58' 41" west 110 . 00 fact to the point of
beginning.
5 . That portion of premises conveyed to Jahn Canepa, et al, by grant
deed recorded February 17, 1976 . :n Book 7763, page 458, Official
Rcccrda .
6 . All water rights in, upon or pe:r:eining to the said real property
hereinabove described, including all riparian rights and all
rights to surface waters whatsoever, all rights to underground
and/or percolating waters, and all rights to whatsoever now held
or acquired, or to be hereafter ::eld or acquired, by grantor by
(Legal Description Continued)
Page 10
APR-05-1995 15:39 510 215 9275 P.004
From CHDC PHONE No. : 510 215 9275 Apr.05 1995 4:46PM P05
Order No. 455316
LEGAL DESCRIPTION
(CONTINUED)
appropriation or prescription to flood or freshet waters, or to
any waters whatsoever, together with full rights to sell or
Otherwise dispose of said or any waters for domestic or other uses
apart from or at points distant from said real property; provided,
however, that grantee may use upon said real property for domeetir,.
uses (including dairyitly and other natural users) and irrigation
uses, any water ivund in or upon said lands whenever said grantor
does not require or use said water, but without the right of maid
grantee to conduct said water from said real property to or for
use upon other lands, and subject alwaycs to the paramount rights
of said grantor to collect for use or gale all the water
obtainable at all and any dams, reservoirs, wells and pumping
planta, existing or future, of said grantor; and provided further
that failure of the grantor to use to take all said waters at all
times shall not affect, impair, diminish or destroy the right and
title thereto, and herein reserved and excepted from the operation
of this deed, as reserved by the East Bay Water Company in
instrument recorded August 11, 1923, in Book 446 of deeds, Page
90, and November 7, 1924, in book 482 of deeds, Page 115 .
7. That portion thereof conveyed in the deed to the City of Richmond
recorded February 15, 1994, instrument No. 94-43144, described as
follows:
BEGINNING on the easterly line of the right of way of North
Richmond Bypass as shown on the Map entitled "A Precise Section of
Streets and Highways Plan, Contra Costa County, North Richmond
Bypass" recorded November 5, 1969 in Book 5998 of Official Records
of Contra Costa County at Page 209 a the northerly line of the
parcel of land described as Parcel One in the Deed to Development
Partnership recorded August 13, 1990 in Book 16047 of Official
Records at Page 393; thence, along said northerly line thereof,
south 880 58' 39" east, 22.00 feet; thence leaving said northerly
line South 00 35' 10" west 509 . 62 feet to a point on the northerly
line of Gertrude Avenue; thence along said northerly line north
880 54' 39" west 2.26 feet to the easterly line of said North
Richmond Bypass(5998 OR 209) ; thence along said easterly line
North 10 05' 21" east 10.00 feet to a point from where the radial
center of a non-tangent curve concave to the northeast having a
radius of 20.00 feet bears north 10 05' 21" east; thence along
said curve northwesterly through a central angle of 890 29' 49" ,
an arc distance of 31.24 feet; thence north 000 35' 10" east
479 .77 feet to the point of beginning_
AP NO: 408-160-042
Page 11
APR-05-1995 15:39 510 215 9275 P.005
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FOR FISCAL YEAR JULY 1,.1996. . THROUGH JUNE 30, 1997,
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE-CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 200
1 res., 1 site
12 Single Family Residence - $ 200
1 res., 2 or more sites
13 Single Family Residence - $ 200
2 res. on 1 or more sites
14 Single Family Residence- $ 200
other than single lam. land
15 Misc. Improvements - 1 site $ 200
16 Misc Improvements - $ 200
2 or more sites
17 Vacant- 1 site $ 100
18 Vacant-2 or more sites $ 100
19 Single Family Residence - $ 200
• Dei. w/common area
' 20 Vaunt- Multiple $ 100
21 ' Duplex $ 200
22 Triplex $ 200
23 Fourplex $ 200
24 Combinations $ 200
25 Apartments (5 -12 units) $ 400
26 Apartments (13-24 units) $ 400
27 Apartments (25- 59 units) $ 600
28 Apartments (60+ units) $ 800
29 Attached PUDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant- Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
(7-11, etc.)
33 Office Buildings $ 400
34 Medical, Dental $ 400
35 Service Stations, Car Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Goff Courses $ 400
39 Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(Ins.,Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Rostaun s $ 400
47 Restaurants (not ddvo-In) $ 400
48 Multiple & Commercial - $ 400
49 New Car Agencies $ 400
50 Vacant Land ( not part of $ 100
Ind. park or P. & D.)
51 industrial Park $ 800
52 Research & Development $ 400
53 Ught Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Misc. Improvements $ 400
61 Rural, Res. improvement 1A-10A $ 200
62 Rural, w/or w/o Structure 1A-10A $ 200
70 Convalescent Hospitals/ $ 400-
Rest
400•Rest Homes
73 Hospitals $ 400
74 Cemetedes/Mortuaries $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 600
78 Parks 5 Playgrounds $ 800
85 • Public 5 Private Parking $ 400
87 Common Area $ 400
88 Mobile Homes $ 200
89 Other(split parcels in different $ 200
fax code areas)
99 Awaiting Assignment $ 200
Property Owner - Community Housing Development Corporation
Attn: Don Gilmore
Address - 1452 Filbert
Richmond, CA 94801
Parcel Number - 408-160-042
Subdivision # - 7903
Zone # - 3000