HomeMy WebLinkAboutRESOLUTIONS - 07151986 - 86-411 1 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 ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) NO. 86/411
5 Wildcat/San Pablo Creek, U.S. )
Army Corps . of Engineers ) (C.C.P. Sec . 1245. 230)
6 Project , Richmond Area Project )
No. 7527-6D8617 )
7 ----------------------------)
8 The Board of Supervisors of Contra Costa County, California ,
9 as ex-officio governing body 'of the Contra Costa County Flood
10 Control and Water Conservation District by vote of two- thirds or
11 more of its members , RESOLVES that :
12 Pursuant to West ' s Water Code , Appendix S63-5 and Deering' s
13 Water Code , Uncodified Acts . Act 1656 , S5 , Contra Costa County
14 Flood Control and Water Conservation District intends to construct
15 a flood control channel , a public improvement , for flood control
16 purposes , and , in connection therewith , acquire interests in cer-
17 tain real property.
18 The property to be acquired consists of twelve (12) parcels
19 within the proposed site' of the Wildcat/San Pablo Creek, U.S. Army
20 Corps . of Engineers project , and is generally located in the
21 Richmond area , between Parr Boulevard and Gertrude Ave . The said
22 property is more particularly described in Appendix "A" , attached
23 hereto and incorporated herein by this reference .
24 On May 18 , 1982 , this Board by resolution certified completion
25 of the final environmental impact report for the Wildcat/San Pablo
26 Creek project , including acquisition of the property described in
27 Appendix "A" attached hereto , thus complying with the requirements
28 of the California Environmental Quality Act (Public Resources Code
RESOLU'CION NO . 86/411
1 5821000-21177 ) .
2 On June 24, 1986, this Board passed a resolution of intention
3 to adopt a resolution of necessity for the acquisition by eminent
4 domain of the property described in Appendix "A" (Resolution No.
5 86/373 ) and set 10 :30 a .m. , July 15 , 1986 , in its Chambers in
6 the Administration Building, 651 Pine Street , Martinez,
7 California, as the time and place for the hearing thereon .
8 The hearing was held at that time and place , and all
9 interested parties were given an opportunity to be heard and based
10 upon the evidence presented to it , this Board finds , determines
11 and hereby declares the following:
12 1 . The public interest and necessity require the proposed
13 project ; and
14 2 . The proposed project is planned and located in the manner
15 which will be most compatible with the greatest public good and
16 the least private injury; and
17 3 . The property described herein is necessary for the pro-
18 posed project ; and
19 4. The offer required by Section 7267 . 2 of the Government
20 Code was made to the owner or owners of record .
21 The County Counsel of this County is hereby AUTHORIZED AND
22 EMPOWERED:
23 To acquire in the District ' s name, by condemnation , the
24 titles , easements and rights of way hereinafter- described, in
25 and to said real property or interests therein, in accordance with
26 the provisions for eminent domain in the Code of Civil Procedure
27 and the Constitution of California: Parcels 1262 . 1 , 1263 . 1 ,
28 1264 . 1 are to be acquired as permanent flowage easements ; Parcels
-2-
1 1393 , 1396 , 1397 , 1398 . 1 , 1399. 1 , 1400. 1 , 1404. 1 , are to be
2 acquired in fee title; Parcels 1397T, 1400T.1 are to be acquired
3 as temporary construction easements which shall expire upon the
4 completion of construction of said project or December 31 , 1987 ,
5 whichever shall occur first ;
6 To prepare and prosecute in the District ' s name such pro-
7 ceedings in the proper court as are necessary for such
8 acquisition;
9 To deposit the probable amount of compensation , based on an
10 appraisal , and to apply to said court for an order permitting the
11 District to take immediate possession and use said real property
12 for said public uses and purposes .
13 PASSED and ADOPTED on July 15, 1986 , by the following vote:
14 AYES : Supervisors Fanden, Schroder, 'forlakson and Powers
15 NOES : None
16 ABSENT: Supervisor McPeak
17 I HEREBY CERTIFY that the foregoing resolution was duly and
18 regularly introduced , passed and adopted by the vote of two-thirds
19 or more of the Board of Supervisors of Contra Costa County,
20 California, as ex officio governing body of the Contra Costa
21 County Flood Control and Water Conservation District at a meeting
22 of said Board on the date indicated.
23 Dated: July 15, 1986
24 Phil Batchelor , Clerk of the
Board of Supervisors and County
25 Administrator
26 B y:
27 Deputy
cc: Public Works Department ,
28 Real Property Division
Auditor-Controller -3-
Wildcat Creek
Phase I
APPEWIX "A'
A portion of the San Pablo Rancho and a portion of that land shown on the map
entitled "Map No. 1 Salt Marsh and Tide Lands 1872" filed June 11, 1917,
records of Contra Costa County, State of California, described as follows:
PAROUS 1398.1, 1399.1, 1400.1, 1401.1, 1403.1, 1404.1, 1407.1 AND 1408.1
Commencing on the proposed center line of the North Richmond Bypass as shown
on the map entitled "A Precise Section of the Streets and Highways Plan,
Contra Costa County, North Richmond Bypass" recorded November 5, 1969 in book
5998 at page 209 of Official Records of said county, at Station 20+00 as
marked by a standard County street monument (tagged Contra Costa County) ; said
monument bears south 00 35' 08" west 2500.00 feet from a 1-1/2 inch iron pipe
monument tagged Contra Costa County at Station 45+00 P.O.T. as shown on said
map (5998 OR 209) ; thence from said point of commencement along said proposed
center line of the North Richmond Bypass, north 00 35' 08" east 1487.20 feet;
thence leaving said center .line south 57° 24' 13" west, 65.72 feet to a point
on the proposed westerly right of way line of said North Richmond Bypass, said
point being the point of beginning; thence from said point of beginning along
said westerly line south 00 35' 08" west, 156.44 feet; thence southwesterly
along the arc of a non-tangent curve concave to the southeast, the center of
which bears south 35° 22' 40" east, having a radius of 790.00 feet, through a
central angle of V 30' 19", an arc length of 62.12 feet; thence tangent to
said curve south 50° 07' 01" west, 28.00 feet; thence southwesterly along the
arc of a tangent curve, concave to the northwest having a radius of 1050.00
feet, through a central angle of 33° 52' 55", an arc length of 620.92 feet;
thence north 1° 12' 08" east, 46.38 feet; thence north 811 50' 25" west 351.01
feet; thence south 50 57' 07" west 11.83 feet to a point which shall hereinafter
be referred to a Point "A"; thence northwesterly along the arc of a non-tangent
curve concave to the northeast, the center of which bears north 50 57' 07"
east, having a radius of 4,985.00 feet, through a central angle of 8° 56' 49",
an arc length of 778.43 feet to a point of reverse curve; thence southwesterly
along the arc of a tangent curve concave to the southeast, having a radius of
65.00 feet through a central angle of 660 51' 18", an arc length of 75.84
feet; thence tangent to said curve south 380 02' 38" west 205.00 feet; thence
south 60 00' 00" east, 38.00 feet; thence southerly along the arc of a tangent
curve concave to the east, having a radius of 90.00 feet, through a central
angle of 140 10' 00", an arc length of 22.25 feet to a point of reverse curve;
thence southerly along the arc of a tangent curve concave to the west, having
a radius of 90.00 feet through a central angle of 560 40' 00", an arc length
of 89.01. feet to a point of reverse curve; thence southwesterly along the arc
of a tangent curve concave to the southeast, having a radius of 90.00 feet,
through a central angle of 31° 15' 00", an arc length of 49.09 feet; thence
tangent to said curve south 50 15' 00" west 215.00 feet to a point which shall
hereinafter be referred to as Point "B"; thence north 890 15' 00" west, 20.00
feet; thence north 21' 10' 00" east, 117.66 feet to a point which shall
hereinafter be referred to as Point "C"; thence westerly along the arc of a
non-tangent curve concave to the south, the center of which bears south
,AGE �of6
21° 04' 24" west, having a radius of 550.00 feet, through a central angle of
41° 34' 24", an arc distance of 399.08 feet to a point of compound curve;
thence southwesterly along the arc of a tanqent curve, concave to the
southeast, the center of which bears south 200 30' 00" east, having a radius of
705.00 feet, through a central angle of. 120 53' 36", an arc length of 158.65
feet to a point of compound curve; thence southwesterly alonq the arc of a
tangent curve concave to the southeast, the center of which bears south
330 23' 36" east having a radius of 405.00 feet, through a central angle of
410 38' 56", an arc .length of 294.40 feet to a point of compound curve; thence
southeasterly along the arc of a tangent curve concave to the northeast
the center of which bears south 750 02' 32" east, having a radius of. 155.00
feet through a central angle of 930 14' 28", an arc length of 252.24 feet to a
point of reverse curve; thence southeasterly along the arc of a tangent curve
concave to the southwest, the center of which bears south 110 43' 00" west,
having a radius of 245.00 feet, through a central angle of. 440 02.' 00", an arc
distance of 188.29 feet; thence tangent to said curve south 340 15' 00" east
55.00 feet; thence southeasterly along the arc of a tanqent curve concave to
the southwest, having a radius of 270.00 feet, through a central angle of
2° 43' 19", an arc length of 12.83 feet to a point of reverse curve; thence
easterly along the arc of a curve concave to the north, the center of which
bears north 580 18' 29 east, having a radius of 25.00 feet through a central
angle of 1070 40' 1411, an arc length of 46.98 feet to a point which shall
hereinafter be referred. to as Point "D"; thence south 490 21' 45" east, 80.00
feet to a point which shall hereinafter be referred to as Point "E"; thence
southwesterly along the arc of a curve concave to the southeast the center of
which bears south 49° 21' 45" east, having a radius of 27.5.00 feet, throuqh a
central angle of 330 49' 15" an arc lenqth of 132.81 feet to a point of reverse
curve; thence southwesterly along the arc of a curve concave to the northwest,
the center of which bears north 830 11' 00" west having a radius of 280.00
feet, through a central angle of 680 39' 33", an arc length of 315.53 feet to
a point of compound curve; thence southwesterly along the arc of a tangent
curve concave to the northwest, the center of which bears north 140 11' 27"
west, having a radius of 5055.00 feet, through a central angle of 50 34' 50",
an arc length of 492.35 feet to a point which shall hereinafter be referred to
as Point "F"; thence non-tangent to said curve, north 80 56' 37" west 55.00
feet to a point which shall hereinafter be referred to as Point "G"; said
Point "G" is further described as bearing north 880 47' 26" west 32.0.60 feet
from a 1-1/2 inch iron pipe monument (tagged Contra Costa County) ; said
monument bears south 570 32' 20" west 749.24 feet from a 1-1/2 inch iron pine
monument (tagged Contra Costa County) designated "NR-1" ; said iron pipe
monument ("NR-1") being further described as hearing north 880 54' 5.5" west,
2127.24 feet from the standard street monument marking station 20+00 P.O.T. ,
North Richmond Bypass at the intersection of Gertrude Avenue and the North
Richmond Bypass (5998 OR 209) ; thence continuing from said Point "G", north
80 56' 37" west 88.06 feet; thence north 60 29' 54" east 719.05 feet; thence
northeasterly along the arc of a tanqent curve, concave to the southeast
having a radius of 630.00 feet through a central angle of 360 29' 39", an arc
length of 401.27 feet; thence tanqent to said curve north 420 59' 33" east
1284.45 feet; thence north 790 48' 30" east 386.62 feet to a point which shall
hereinafter be referred to as Point "H"; thence south 880 47' 52"east, 954.01
feet; thence southeasterly -along the arc of a tangent curve concave to the
southwest, having a radius of 35.00 feet, through a central angle of 80 12' 55",
an arc length of. 5.02 feet to a point which shall hereinafter be referred to
as Point "I"; thence north 10 12' 08" east 15.01 feet; thence southeasterly
�,�E 2
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along the arc of a non-tangent curve concave to the southwest having a radius
of 50.00 feet, through a central anqle of 840 15' 34", an arc length of 73.53
feet; thence tangent to said curve south 111 12' 08" west 34.73 feet; thence
southeasterly along the arc of a tangent curve, concave to the northeast,
having a radius of 45.00 feet through a central anqle of 11..1° 13' 00", an arc
length of 87.35 feet; thence tangent to said curve north 69" 59' 08" east
630.06 feet to the westerlv line of the.North Richmond Bypass (5998 OR 209) ;
thence along said line south 00 35' 08" west 444.46 feet to the mint of
beginning.
PAFCMS 1400T.1 AND 1401T.1
Crary Clomtructian Easement)
A strip of land 15.00 feet in width (measured at right angles and radially)
lying adjacent to and southerly, southeasterly and easterlv of the line
described between Points "A" and "B" as said points are given in the above
described "Parcels 1398.1, 1399.1, 1400.1, 1403.1, 1407.1 and 1408.1" bounded
on the east by the line bearing south 5° 57' 07" west from Point "A" and
bounded on the south by a line bearing south 890 15' 00" east from Point "B".
PAIS 1401T.2
(Te�mporary Cbnstructien Easement)
A strip of i-and 15.00 feet in width (measured radiallv) lvino adjacent to and
southerly, southeasterly, easterly and northeasterly of the line described
between Points "C" and "D" as said points are given in the above described
"Parcels 1398.1, 1399.1, 1400.1, 1403.1, 1407.1 and 1408.1 bounded on the
east by a line bearing south 20 10' 00" west from Point "C" and bounded on the
south by a line bearing north 490 21' 45" west, from Point "0".
PAN. 1407.T1
(Temporary Cbnstructicn Easement)
A strip of land 15.00 feet in width (measured radially) lying adjacent to and
easterly, southeasterly and southerly of the line described between Points "E"
and "F" as said points are given in the above described "Parcels 1398.1,
1399.1, 1400.1, 1403.1, 1407.1 and 1408.1" bounded on the northeast by a line
bearing south 490 21' 45" east from Point "E" and bounded on the west by a
line bearing south 80 56' 37" east from Point
PANEL 1403T.1
(Temporary Qonstruction Easement)
A strip of land 15.00 feet in width (measured at right angles and radially)
lying adjacent to and northerly, of the line described between Points "H" and
"I" as said points are given in the above described "Parcels 1398.1, 1399.1,
1400.1, 1403.1, 1407.1 and 1408.1" bounded on the west by a line bearing north
10 12' 08" east from Point "H" and bounded on the east by a line bearing north
1° 12' 08" east frau Point "I"..
dr
ex:wildcat
Wildcat Creek
Phase I
A portion of the Rancho San Pablo situated in the Countv of Contra Costa,
State of California described as follows:
PAR(I;LS 1393 TFnIXXM 1347 I=SIVE
Commencing at a 2-inch iron pipe tagged R.C.E. 138ln at the northwest corner
of Parcel. "A" as shown on the man of. Subdivision MS 26-81. filed September 14,
1982 in Book 102 of Parcel Maps at nage 44, records of Contra Costa (bimty,
said 2-inch iron pipe bears north 880 55' 40" west 159.95 feet (recortl north
88° 56' 47" west 159.96 feet) from a 5/8 rebar tagged R.C.E. 1381.0 at the
northeast corner of Parcel "A" as shown on the map of Subdivision MS 18-82
filed September 14, 1982 in Book 102 of Parcel Maps at page 43 reeor(Is of
said County; thence frau said point of commencement north 10 04' 20" east,
30.00 feet; thence north 88° 55' 40" west 184.19 feet; thence north 10 OQ' 13"
east, 607.40 feet; thence south 880 41' 00" east, 1.0.00 feet to the true paint
of beginninq for the herein -described parcel. of land; thence leavina said
point of beginning south 10 19' 00" west, 77.00 feet; thence along the southerl.v
line and the prolongation of- said southerly line of Willow Avenue as shown on
the map entitled "Truman Addition to Richmond" filed November 18, 1412 in Book
8 of Maps at page 198 records of said Countv, north 880 41' 00" west, 509.05
feet; thence southwesterly along the arc of a tangent curve, concave to the
southeast, having a radius of 200.00 feet, through a central angle of 340 19'
00", an arc length of 119.79 feet; thence tangent to said curve, south 570 00'
00" west, 527.50 feet; thence southwesterly along the arc of a tanqent curve
concave to the southeast, havinq a radius of 200.00 feet, throuqh a central
angle of 200 21' 51", an arc length of 71.08 feet to the point of a reverse
curve; thence southwesterly along the arc of a tanqent curve concave to the
northwest, having a radius of 200.00 feet, through a central angle of 200 21'
51" an arc length of 71.08 feet; thence tangent to said curve south 570 00'
00" west, 17.40 feet; thence southwesterly along the arc of tangent curve
concave to the northwest, having a radius of 2,520.00 feet, through a central
angle of 80 59' 37", an arc length of 395.56 feet; thence tangent to said
curve, south 650 59' 37" west 15.32 feet; thence southwesterlv along the arc
of a tangent curve concave to the southeast, having a radius of 2,280.00 feet,
through a central angle of 80 35' 24", an arc length of 341.83 feet; thence
tangent to said curve south 570 24' 13" west 52.51 feet to the easterly line
of the North Richmond Bypass as shown on the map entitled "A precise Section
of the Streets and Highwav Pian, Contra Costa County, North Richmond Bvpass",
recorded November 5, 1969 in Book 5998 of Official Records at gage 209,
records of said County; thence along said easterly line north 0° 35' 08" east,
310.01 feet to a point .which shall hereinafter be referred to as point "A";
thence leaving said Point "A", easterly along the arc of non-tangent curve,
concave to the south, the center of which bears south 1° 50' 10" west, havinq
a radius of 125.00 feet, through a central. angle of 120 3W c;0", an arc length
of 27.63 feet to the point of a reverse curve; thence alonq the arc of a
tangent curve, concave to the north, having a radius of 90.00 feet, through a
central angle 420 48' 05", an arc length of 67.23 feet to the point of a
reverse curve; thence along the arc of a tangent curve concave to the southeast,
having a radius of 2,500.00 feet, through a central angle of 40 17' 42", an
arc length of 187.41 feet; thence tangent to said curve, north 650 59' 37"
east 15.32 feet; thence northeasterly along the arc of a tangent curve concave
to the northwest, having a- radius of 2300.00 feet, through a central angle of
8' 59' 37", an arc length of 361.03 feet; thence tana_ent to said curve north
570 00' 60" east, 589.93 feet to a point which shall hereinafter be referred
to as Point "B"; thence leaving said Point "B" northeasterly along the arc of
a non-tangent curve, concave to the northwest, the center of which bears north
230 03' 46" west, having a radius of 200.00 Feet, through a central angle of
90 56' 14", an arc length of 34.69 feet; thence tangent to said curve north
57" 00' 00" east, 20.02 feet; thence easterly along the arc of a tangent
curve, concave to the south, having a radius of 417.00 feet, through a central.
angle of 340 19' 0011, an arc length of 249.76 feet; thence tangent to said
curve south 880 41' 00" east 527.69 Feet; thence south 10 19' 00" west, 97.00
feet to the point of beginning.
PARC9L 1397T
A strip of land 45.00 feet in width lying northerly and northwesterly of the
above described parcel of .land between Points "A" and "B" being bounded on the
west by the easterly line of the said North Richmond Bvpass (5498 OR 209) .
EXCEPTIM THEREFROM: The following described parcel:
Beginning at said Point "B"; thence westerly along the arc of a curve concave
to the north the center of which bears north 230 03' 46" west, having a radius
of 200.00 feet, through a central angle of 18° 25' 13", an arc length of 64.30
feet to the point of a reverse curve; thence along the arc of tangent curve,
concave to the southeast, having a radius of 200.00 feet throuqh a central
angle of 280 21' 2711, an arc distance of 98.99 feet to a point of cusp; thence
north 570 00' 00" east 155.47 feet; thence south 330 00' 00" east 45.00 feet
to the point of beginning.
The bearings and distances used in the above descriptions are based on the
California Coordinate System Zone III. To obtain ground distance multiplv
distances used by 1.0000641.
ex:wildcat.t2
9
San Pablo Creek
Phase 1
PARCELS 1267..1_, 1263.1 AND 1264.1
A portion of Section 35, Township 2 North, Range 5 West, Mount Diablo Meridian,
comprised of Tideland Lots and portions of. Tideland Lots as those lots are
shown on "Map No. 1 of Salt Marsh and Tidelands situated in the Countv of
Contra Costa, State of California, 1872," which map was filed in the office of
the State Surveyor General of Sacramento, California described as follows:
Commencing at a 1-1/2 inch iron pipe monument taqqed Contra .Costa County at
the intersection of Garden Tract Road and Parr Boulevard, said Ripe bears
north 880 07' 51" west 701.80 feet from a standard street monument at the
intersection of the proposed center lines of Parr Boulevard and North Richmond
Bypass as shown on the man entitled "A Precise Section of the Streets and
Highways Plan, Contra Costa County North Richmond Bypass," recorded November
5, 1969 in Book 5998 at page 209 of Official Records of said County; thence
from said point of commencement north 751 28' 47" west 727.08 feet to a point
which shall hereinafter be referred to as Point "I"; thence north 43° 02' 26"
west 935.93 feet to a point which shall hereinafter be referred to as Point
"J" said point "J" also being the point of beqinninq; thence leaving said
point of beginning, north 350 01' 04" west 3.51.91 feet; thence north
22° 12' 30" west 153.13 feet; thence north 57° 27' 12" west 31.17 feet; thence
south 820 38' 42" west 90.57 feet; thence north 130 56' 00" west 1688.00 feet;
thence north 610 35' 53" east 619.60 feet; thence south 1.30 56' 00" east
2175.00 feet; thence south 590 11' 26" west 64.06 feet; thence south
38° 10' 52" west 29.99 feet; thence south 100 40' 14" west 60.61' feet; thence
south 540 58' 56" west 246.15 feet to the point of beginning.
Bearings used in the above description are based on the California Coordinate
System, Zone III.
BS:lk
BS:exspereek.t6
(6-17-86)
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