HomeMy WebLinkAboutRESOLUTIONS - 06201989 - T.1 - 7r
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS E%-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
Phase III ) NO. 89/407
6 Walnut Creek Area ) (Code of Civ. Proc. S 1245. 230)
7
8 The Board of Supervisors of Contra Costa County,
9 California as ex-officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District by vote of
11 two-thirds or more of its members, RESOLVES that:
12 Pursuant to West's Water Code, Appendix 5 63-5 and
13 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
14 Costa County Flood Control and Water Conservation District
15 intends to construct a flood control channel project, a public
16 improvement for flood control purposes, and in connection
17 therewith, acquire interests in certain real property.
18 The property to be acquired consists of 18 parcels and
19 is generally located in the Walnut Creek area. The said property
20 is more particularly described in Appendix "A" , attached hereto
21 and incorporated herein by reference.
22 On June 2, 1989, notice of the District's intention to
23 adopt a resolution of necessity for the acquisition by eminent
24 domain of the property described in Appendix "A" was sent to
25 persons whose names appear on the last equalized County
26 Assessment Roll as the owners of said property. The notice
27 specified Tuesday, June 20, 1989, at 11 :00 a.m. in the Board of
28
RESOLUTION NO. 89/407
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.
28
-2-
1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3 permitting the District to take possession and use said real
4 property for said public uses and purposes .
5 PASSED and ADOPTED on June 20, 1989, by the following
6 vote:
7 AYES: Supervisors Powers , Fanden, Schroder $ Torlakson
8 NOES: None
9 ABSENT: None
10 ABSTAIN: Supervisor McPeak
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: June 20, 1989
18 Phil Batchelor, Clerk of the
Board of Supervisors and
19 County Administrator
20
21 By: h�r�� ju A�
Deputy
22
23 cc: Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
26
27
28
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San Ramon creek Bypass
Phase III
APPENDIX "A"
PARCEL 1370T (A TEMPORARY CONSTRUCTION EASEMENT TO EXPIRE UPON COMPLETION
OF OONSTMCPION OR DECEMBER 31, 1990, WHICREVER OCCURS FIRST.) (M. Mattioda)
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 on the east line of the above described Parcel 1370 frm which a
radial line of a curve concave to the east having a radius of 285.00 feet
bears south 89° 37' 51" east; ther)ce northerly along said east line and
curve, through a central angle of 26 O1' 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 ofd 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 68° 41' 0311, a distance of 53.94 feet to a point on a nontangent. curve
from which a radial line of a curve concave to the east having a radius of
247.00 feet bears south 70° 52' 38" east; hence southerly along the arc of
said curve, through a central angle of 27 50' 3311, a distance of 120.03
feet to Vie southeasterly line of said Parcel "A"; thence along said line
south 67 03' 00" west 30.21 feet to the. most southerly corner of said
Parcel "Aft, the point of beginning.
Containing an area of 5,246 square feet of land, more or less.
PARCEL 1371T, (A TM30RARY CONSTRUCTION EASEMENT TO EXPIRE UPON COMPLETION
OF CONSTRUCTION OR DECEMBER 31, 1990, WHICHEVER OCCURS FIRST.) (Me(--lun)
Ccauencing at the most northerly corner of said Parcel "t)_" (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 described parcel;
thence from said Point of Beginning leaving said line, north 30 52' 22"
east 125.00 feet to the easterly line of said Int 14 (25 M 845) ; thence
along said line south 19° 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 gurve concave to the northwest having a radius of 35.00
feet bears north 42 27' 00" west; the r southwesterly along the aro 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 curve concave to
the southeast having a radius of 35.00 feet bears south 11° 26' 30" east;
thence 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 19° 31' 00" west 12.00 feet to the Point
of Beginning.
EXCEPTING THEREFROM 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 1571, A FEE (Turner)
All of Parcel A as shown on the map of MS 805-81 filed May 23, 1984 in Book
110 of Parcel Maps at page 24, records of Contra Costa County, California.
PAROL 1589, A FEE •(Walnut Creek Properties)
Page 1 of 6
A portion of those parcels of land described in deed to Walnut Creek
Properties, a Partnership recorded August 7, 1974 in Book 7292 of Official
Records at page 123, records of Contra Costa County, State of California,
described as follows:
Beginning at a point on the easterly line of Parcel I of said Walnut Creek
Properties (7292 O.R. 123) which bears north 70 38' 16" west 238.00 feet
along said line from the most easterly corner of said Parcel I (7292 O.R.
123) , thence from said Point of Beginning continuing along said easterly
line north 70 38' 16" west 50.00 feet; thence leaving said line south 820
11' 08" west 1.01 feet; thence south 70 48' 52" east 50.00 feet; thence
north 820 11' 08" east 0.85 feet to the Point of Beginning.
Containing an area of 46 square feet of land, more or less.
PARCEL 1589A, A FEE (Walnut Creek Properties)
Beginning at the most easterly corner of Parcel II of said Walnut Creek
Properties (7292 O.R. 123) , thence from said Point of Beginning along the
easterly line of said Parol II north 90 29' 00" west 359.59 feet; thence
leaving said line south 70 48' 52" east 49.75 feet; thence along the arc of
a tangent curve, concave to the east having a radius of 4989.00 feet through
a central angle of 10 37' 1311, a distance of 141.09 feet; thence tangent to
said curve south 9° 26' 05" east 90.36 feet; thence southerly along the arc
of a tangent curve, concave to the east having a radius of 1129.00 feet
through a central angle of 30 59' 4911, a distance of 78.76 feet to the
southeasterly line of said Parcel II (7292 O.R. 123) ; thence along said line
north 650 14' 47" east 0.99 feet to the most easterly corner of Parcel II,
the Point of Beginning.
Containing an area of 977 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System zone III (c.c.s. 27) .
PARCEL 1590, A FEE (Holcomb Court)
A portion of Lot 1 as said lot is shown on the map entitled Subdivision 5819
filed February 9, 1961 in Book 249 of Maps at page 1, records of Contra
Costa County, State of California, described as follows:
Beginning at the most southerly corner of said Lot 1 (249 M 1) , theme from
said Point of Beginning along the westerly line of said Lot 1 north 100 04'
38" west 22.33 feet; thence leaving said line south 170 42' 24" east 21.96
feet to the southeasterly line of said Lot 1; thence along said line south
680 59' 37" west 2.91 feet to the said most southerly corner of Lot 1, the
Point of Beginning.
Containing an area of 32 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System zone III (c.c.s. 27) .
PARCEL, 1591, A FEE (S. P. Land Co.)
A portion of Parcel 1 as said parcel of land is described in deed to the
Southern Pacific Land Cmpany recorded October 25, 1977 in Book 8562 of
Official Records at page 70, records of Contra Costa County, State of
California, described as follows:
Ct mnencing at the most southerly corner of said Parcel 1 (8562 O.R. 70)
being on the northeasterly line of South Broadway, thence from said point
of cmm-.noement along the southeasterly line of said Parcel 1 north 650 14'
47" east 29.32 feet to the Point of Beginning; thence from said Point of
Beginning continuing along said southeasterly line north 650 14' 47" east
3.90 feet to the most easterly corner of said Parcel 1; thence along the
easterly line of said Parcel 1, north 220 32' 26" west 14.64 feet and
northerly along the arc of a tangent curve, concave to the east having a
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radius of 966.04 feet -through a central angle of 20 18' 0911, a distance of
38.82 feet; thence leaving said easterly line, non-tangent to said curve
south 170 33' 00" east 53.80 feet to the Point of Beginning.
Containing an area of 93 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System Zone III (C.C.S. 27) .
PARCEL 1594T (A TEMPORARY CONSTRUCTION EASEMEPTP TO EXPIRE UPON COMPLETION
OF CONSTRUCTION OR DECEMBER 31, 1990, WHICHEVER OCCURS FIRST.) (Janlois)
A portion of that parcel of land described in the deed to Joseph J. Janlois
and Marjorie G. Janlois, Trustees of the 1983 Janlois Living Trust, recorded
April 20, 1988 in Book 14280 at page 810, Official Records of Contra Costa
County, California, described as follows:
Commencing at the southwesterly corner of Lot 6 as shown on the Map of
Subdivision 3238 filed February 19, 1964 in Book 97 of Maps at page 29,
Records of said County; thence from said Point of Co m mcament, along the
southerly line of said Lot 6 (97 M 29) , north 870 47' 08" east 45.00 feet to
a point on the easterly line of the parcel of land quitclaimed to Contra
Costa County Flood Control and Water Conservation District recorded December
23, 1971 in Book 6547 at page 420, Official Records of said County, said
point being the Point of Beginning; thence from said Point of Beginning,
along said Contra Costa County Flood Control and Water Conservation District
Parcel (6547 O.R. 420) , south 140 18' 00" east 130.27 feet; thence, leaving
said easterly line (6547 O.R. 420) , north 750 42' 00" east 5.93 feet; thence
north 50 27' 52" west 51.85 feet; thence north 160 49' 03" west 50.22 feet,
thence north 300 25' 00" west 29.26 feet to a point on the said southerly
line of Lot 6 (97 M 29) ; thence, along said southerly line, south 870 47'
08" west 3.64 feet to the Point of Beginning.
Containing an area of 1366 square feet of land, more or less.
Bearings used in the above description are based on the California Coor-
dinate System Zone III (c.c.s. 27) .
PARCEL 1595, A FEE (Roberts)
A portion of that parcel of land described in the deed to James E. Roberts,
et. ux. , recorded March 30, 1977 in Book 8263 at page 3, Official Records of
Contra Costa County, California, described as follows:
Commencing at the most easterly corner of Parcel "C" as shown on the map of
NS 805-81 filed May 23, 1984 in Book 110 of Parcel Maps at page 24, records
of said County; thence from said Point of Gent, along the general
southerly boundary of Parcel "C", south 790 41' 08" west 44.22 feet to a
point which shall hereinafter be referred to as Point "C", the Point of
Beginning; thence from said Point of Beginning, leaving said southerly
boundary of Parcel "C", south 140 39' 15" east 79.73 feet; thence south 220
07.' 13" west 21.22 feet; thence south 120 19' 05" east 30.00 feet to a point
which shall hereinafter be referred to as point "H"; thence south 480 30'
27" east 25.03 feet; thence south,140 19' 32" east 4.53 feet to a point on
the southerly line of said Roberts parcel (8263 O.R. 3) ; thence, along said
southerly line, north 860 40' 08" east 10.78 feet to a point on the westerly
boundary of the parcel of land described in the deed to Contra Costa County
Flood Control and Water Conservation District recorded March 6, 1972 in Book
6764 at page 621, Official Records of said County; thence along said
westerly boundary (6764 O.R. 621) , north 140 19' 32" west 46.24 feet; thence
north 120 19' 05" west 48.85 feet; thence north 140 51' 50" west 45.04 feet;
thence north 120 19' 05" west 13.05 feet to the intersection with the said
southerly boundary of Parcel "C" (110 P.M. 24) ; thence, along said southerly
boundary, south 790 41' 08" west 13.22 feet to point "C", the Point of
Beginning.
Containing an area of 2,461 square feet of land, more or less.
Page 3 of 6
PAROL 1595T-1 (A TEM[PORARY OONSTRUCTION EASEMENT TO EXPIRE UPON OCIMPLEI'ION
OF C1WST[UCTION OR DECEMBER 31, 1990, WHICHEVER OCCURS FIRST.) (Roberts)
Beginning at said Point "C" described above in PAROL, 1595; thence from said
Point of Beginning, along the westerly boundary of said PARCEL 1595, south
140 39' 15" east 79.73 feet; thence south 220 07' 13" west 21.22 feet;
thence, leaving said westerly boundary, north 170 51' 35" west 98.27 feet to
an angle point in the said southerly boundary of Parcel "C" (110 P.M. 24) ;
thence along said southerly boundary, north 790 41' 08" east 18.25 feet to
Point "C", the Point of Beginning.
Containing an area of 1395 square feet of land, more or less.
PARCEL 1595TL2 (A TEMPORARY OONSTRUCTION EASEMENT TO EXPIRE UPON COMPIETICN
OF OONSIRUCT ON OR DECEMBER 31, 1990, WHIC[-IEVER OCCURS FIRST.) (Roberts)
Beginning at said Point "H" described above in PARCEL 1595; thence, from
said Point of Beginning, along the westerly boundary of said PAROL 1595,
south 480 30' 27" east 25.03 feet; thence south 140 19' 32" east 4.53 feet
to a point on the southerly line of said Roberts parcel (8263 O.R. 3) ;
thence, along said southerly line, south 860 40' 08" west 15.12 feet;
thence, leaving said southerly line, north 120 19' 05" west 22.36 feet to
Point "H", the Point of Beginning.
Containing an area of 199 square feet of land, more or less.
PARCEL 1595T-3 (A TEMPORARY O3NSTRUCTION EASEMENT TO EXPIRE UPON OCHPIEI'ICN
OF CONSTRUCTION OR DECEMBER 31, 1990, WHICHEVER OCCURS FIRST.) (Roberts)
Beginning at said Point "H" described above . in PARCEL, 1595; thence, from
said Point of Beginning, along the westerly boundary of said PARCEL 1595 and
PAROL 1595TL1, north 120 19' 05" west 30.00 feet and north 170 51' 35" west
17.58 feet; thence, leaving the said westerly boundary of PARCEL 1595T-1,
south 770 40' 53" west 29.30 feet; thence south 130 31' 02" east 68.20 feet;
thence north 770 03' 15" east 29.57 feet to a point on the westerly boundary
of said PARCEL 1595T-2; thence, along said westerly boundary, north 120 19'
05" west 20.37 feet to Point "H", the Point of Beginning.
Containing an area of 2045 square feet of land, more or less.
Bearings used in the above descriptions are based on the California Coor-
dinate System Zone III (C.C.S. 27) .
PAROL 1596, A FEE (1400 Creekside Apt.)
A portion of that parcel of land described in the deed to 1400 C reekside
Apartment Owners Association, Inc. recorded October 30, 1972 in Book 6785 at
page 114, Official Records of Contra Costa County, California, described as
follows:
Beginning at the southeasterly corner of Lot 13 as shown on the Map of
Subdivision 4211 filed May 9, 1972 in Book 146 of Maps at page 14, Records
of said County; thence from said Point of Beginning, along the southerly
boundary of said Lot 13 (146 M 14) , north 840 33' 00" west 52.78 feet;
thence north 310 54' 00" west 40.05 feet; thence, leaving said southerly
boundary, north 370 38' 51" east 34.44 feet to a point which shall
hereinafter be referred to as Point "S"; thence south 620 07' 00" east 42.76
feet; thence north 840 12' 16" east 12.07 feet to a point on the easterly
boundary of said Int 13 (146 M 14) ; thence, along said easterly boundary,
south 30 26' 59" east 47.59 feet to the Point of Beginning.
Containing an area of 3268 square feet of land, more or less.
PARCEL 1596T (A TEMPORARY CONSTRUCTION EASEMENT TO EXPIRE UPON C21PIEI'ION
OF OCNSTRUCTION OR DECKER 31, 1990, WHICHEVER OCCURS FIRST.) (1400
Creekside Apt.)
Beginning at Point "S" described above in PARCEL 1596; thence from said
Point of Beginning, along the general northerly boundary of said PARCEL
Page 4 of 6
1596, south 620 07' 00" east 42.76 feet; thence north 840 12' 16" east 12.07
feet to a point on the easterly boundary of said Lot 13 (146 M 14) ; thence,
along said easterly boundary, north 30 26' 59" west 21.55 feet; thence,
leaving said easterly boundary, south 860 46' 46" west 48.59 feet to the
Point of Beginning.
Containing an area of 667 square feet of land, more or less.
Bearings used in the above descriptions are based on the California
Coordinate System zone III (c.c.s. 27) .
PARCEL 1597, A FEE (Ma & Tam)
A portion of that parcel of land described in the deed to Catherine Shao-Tin
Ma and Margaret Ma Tam, recorded November 13, 1987 in Book 14015 at page
259, Official Records of Contra Costa County, California described as
follows:
Beginning at the southeasterly corner of Lot 13 as shown on the Map of
Subdivision 4211 filed May 9, 1972 in Book 146 of Maps at page 14, Records
of said County; thence from said Point of Beginning, along the southerly
boundary of said Lot 13 (146 M 14) , north 840 33' 00" west 52.78 feet;
thence north 310 54' 00" west 40.05 feet; thence, leaving said southerly
boundary, south 370 38' 51" west 31.86 feet to a point which shall
hereinafter be referred to as Point "T"; thence south 510 56' 47" east
123.07 feet to a point on the westerly line of the Southern Pacific Railroad
right of way, said line being the easterly boundary of said Ma & Tam parcel
(14015 O.R. 259) ; thence along last said line, north 30 26' 59" west 62.19
feet to the Point of Beginning.
Containing an area of 3335 square feet of land, more or less.
PARCEL 1597T (A 704PORARY CONSTRUCTION EASEMENT TO EXPIRE UPON IETION
OF CONSTRUCTION OR DEC SER 31, 1990, WHIC[SVER OCCURS FIRST.) (Ma & Tam)
Beginning at Point "T" described above in PAROL 1597; thence from said
Point of Beginning, along the general southerly boundary of said PAROL,
1597, south 510 56' 47" east 123.07 feet to a point on the said easterly
boundary of said Ma & Tam parcel (14015 O.R. 259) ; thence along last said
line, south 30 26' 59" east 20.03 feet; thence leaving said line, north 540
20' 51" west 95.83 feet; thence north 260 51' 03" west 44.83 feet to the
Point of Beginning.
Containing an area of 1915 square feet of land, more or less.
Bearings used in the above descriptions are based on the California
Coordinate System zone III (c.c.s. 27) .
PARCEL 1598, A FEE (Walnut Creek School District)
A portion of that parcel of land described in deeds to the Walnut Creek
School District recorded September 10, 1954 and July 13, 1955 in Book 2377
at page 402 and in Book 2571 at page 222 respectively of Official Records of
Contra Costa County, California, described as follows:
Beginning at the intersection of the easterly line of the Southern Pacific
Railroad right of way and the northeasterly line of PARCEL 604 as said
PARCEL 604 is described under the heading "PARCELS 596 TFRU� 610,
INCLUSIVE" in the deed to Contra Costa County Flood Control and Water
Conservation District recorded April 4, 1972 in Book 6622 at page 94,
Official Records of said County; thence from said Point of Beginning, along
the said easterly line of the Southern Pacific Railroad right of way, north
30 28' 23" west 31.75 feet to a point which shall hereinafter be referred
to as Point "W"; thence, leaving the said easterly line of the Southern
Pacific Railroad right of way, south 290 48" 48" east 39.19 feet; thence
south 620 44' 41" east 18.56 feet; thence south 310 22' 16" east 26.23 feet
to a point on the said northeasterly line of said PARCEL 604 (6622 O.R. 94) ,
said point from which a radial line of a non-tangent curve concave to the
Page 5 of 6
southwest having a radius of 263.00 feet bears south 410 10' 45" west;
thence northwesterly along the said northeasterly line of said PARCEL 604
and said curve, through a central angle of 120 41' 2311, an arc distance of
58.25 feet to the Point of Beginning.
Containing an area of 577 square feet of land, more or less.
PARCEL, 1598T (A TEMPORARY CONSTRUCTION EASE MERr TO EIRE UPON COMPL KION
OF OONSTRUCTION OR DEER 31, 1990, WHICHEVER OCCURS FIRST.) (Walnut Creek
School District)
Beginning at Point "W" described above in PARCEL, 1598; thence from said
Point of Beginning, along the said easterly line of the Southern Pacific
Railroad right of way, north 30 28' 23" west 92.61 feet; thence, leaving
said easterly line of the Southern Pacific Railroad right of way, south 16Q
51' 46" east 70.99 feet; thence south 250 23' 45" east 54.80 feet; thence
south 400 45' 04" east 77.00 feet; thence south 440 11' 59" east 87.89 feet;
thence south 820 13' 03" east 17.16 feet to a point on the general northerly
line of PARCEL 604A in the said deed to Contra Costa County Flood Control
and Water Conservation District (6622 O.R. 94) ; thence, along said general
northerly boundary, south 590 58' 39" west 23.29 feet; thence north 480 08'
58" west 76.08 feet to a point on the said northeasterly line of said
PARCEL 604 (6622 O.R. 94) , said point from which a radial line of a non-
tangent curve concave to the southwest having a radius of 263.00 feet bears
south 540 21' 02" west, thence northwesterly along the said northeasterly
line of said PARCEL 604 and said curve, through a central angle of 130 10'
1711, an arc distance of 60.46 feet to a point on the general easterly
boundary of PARCEL 1598 described above; thence, leaving the northeasterly
line of said PARCEL 604, along the said general easterly boundary of PARCEL
1598, north 310 22' 16" west 26.23 feet; thence north 620 44' 41" west 18.56
feet; thence north 290 48' 48" west 39.19 feet to the Point of Beginning.
Containing an area of 4597 square feet of land, more or less.
Bearings used in the above descriptions are based on the California
Coordinate System Zone III (C.C.S. 27) .
EM:rs
ex:srrbii
June 20, 1989
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