HomeMy WebLinkAboutRESOLUTIONS - 06271989 - 89-427 T 41-
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 )
For Flood Control Purposes
5 DA 56 ' Channel 9" ) RE9OLU1?fION OF NECESSITY
Southeast Antioch Area ) NO. 89/427
6 ) (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 S 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 8 parcels and
19 is generally located in the Southeast Antioch area. The said
20 property is more particularly described in Appendix "A" , attached
21 hereto and incorporated herein_ by reference.
22. On June 9, 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 27, 1989 at 11:00 a.m. in the Board of
28 Supervisors Chambers in the Administration Building, 651 Pine
RESOLUTION N0. 89/42.7
1 Street, Martinez, California, as the time and place for the
2 hearing thereon.
3 The hearing was held at that time and place, and all
4 interested parties were given an opportunity to be heard and
5 based upon the evidence presented to it, this Board finds,
6 determines and hereby declares the following:
7 1 . The public interest and necessity require the
8 proposed project; and
9 2. The proposed project is planned and located in the
10 manner which will be most compatible with the greatest public
11 good and the least private injury; and
12 3. The property described herein is necessary for the
13 proposed project; and
14 4 . The offer required by section 7267 . 2 of the
15 Government Code was made to the owner or owners of record.
16. The District's counsel is hereby AUTHORIZED and
17 EMPOWERED:
18 To acquire ^in the name of the Contra Costa County Flood
19 Control and Water Conservation District, by condemnation, the
20 titles, easements and rights of way as set forth in Appendix "A" ,
21 in and to said real property or interests therein, in accordance
22. with the provisions of eminent domain in the Code of Civil
23 Procedure and the Constitution of California:
24 To prepare and prosecute in the District's name such
25 proceedings in the proper court as are necessary for such
26 acquisition.
27 To deposit the probable amount of compensation, based
28 on an appraisal, and to apply to said court for an order
-2-
1 permitting the District to take possession and use said real
2 property for said public uses and purposes .
3 PASSED and ADOPTED on June 27, 1989 , by the following
4 vote:
5 AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson
6 NOES: None
7 ABSENT: None
8 ABSTAIN: None
9
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 and regularly introduced, passed and adopted by the vote of two-
12 thirds or more of the Board of Supervisors of the Contra Costa
13 County, California, at a meeting of said Board on the date
14 indicated.
15 Dated: June 27, 1989
16. Phil Batchelor, Clerk of the
Board of Supervisors and
17 County Administrator
18
19 By: Lh
r /
Deputy
20
21 cc: Public Works Department
Real Property Division
22- Auditor-Controller
County Counsel (certified copy)
23 County Administrator
24
25
26
27 SLA:tb
28 W\quatro.rea
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Drainage 56
Parcel 1602-1
APPENDIX "A"
A portion of Parcel "A" as shown on the map of Subdivision MS 2-88 filed
October 27, 1988 in Book 136 of Parcel Maps at page 27, records of Contra
Costa County, California, described as follows:
PARCEL 1602-1 (Fee Title)
Beginning at the northeasterly corner of said Parcel "A" (136 P.M. 27) ;
thence fry said Point of Beginning, along the northerly line of Parcel "A",
north 890 31' 28" west 2602.27 feet to the northwesterly corner of Parcel
"A"; thence, along the westerly line Of Parcel "A", south 00 13' 14" west
81.00 feet; thence, leaving said westerly line of Parcel "A", south 890 48'
40" east 137.68 feet to a point which shall hereinafter be referred to as ,
Point "P"; thence south 890 48' 40" east 165.80 feet to a point which shall
hereinafter be referred to as Point "Q"; thence south 890 48' 40" east
496.30 feet; thence south 880 54' 14" east 573.21 feet to a point which
shall hereinafter be referred to as Point "R"; thence sduth 880 54' 14" east
26.72 feet; thence south 890 31' 28" east 23.28 feet to a point which shall
hereinafter be referred to as Point "S"; thence south 890 31' 28" east
672.14 feet; thence south 890 00' 32" east 100..00 feet to a point from which
a radial line of a non-tangent curve concave to the south having a radius of
270.60 feet bears south 00 28' 32" west; thence easterly along said curve,
through a central angle of 10 22' 19" an aro distance of 6.48 feet; thence,
tangent to said curve, south 880 09' 09" east 322.75 feet; thence south 770
37' 24" east 79.81 feet to a point on the easterly line of said Parcel "A"
(136 P.M. 27) ; thence, along said easterly line of Parcel "A", north 00 15'
17" east 108.66 feet to the Point of Beginning.
Containing an area of 4.928 acres of land, more or less.
Bearings used in the above descriptions are based on the California
Coordinate System Zone III (C.C.S. 27) .
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Drainage 56
Parcels 1602-2 to 1602-4
Parcels 1602T-1 to 1602T-4
APPEN= "An
A portion of Parcel "A" as shown on the map of Subdivision MS 2-88 filed
October 27, 1988 in Book 136 of Parcel Maps at page 27, records of Contra
Costa County, California, described as follows:
PARCEL 1602-2 (Permanent Easement) :
Beginning at Point "P" described above in PARCEL 1602-1; thence, from said
Point of Beginning, along the southerly boundary of said PARCEL 1602-1,
south 890 48' 40" east 31.48 feet; thence, leaving said southerly boundary
of PARCEL 1602-1, south 170 49' 49" west 226.20 feet to a point on the
southerly boundary of said Parcel "A" (136 P.M. 27) ; thence, along said
southerly boundary, north 720 10' 11" west 30.00 feet; thence, leaving said
southerly boundary of Parcel "A", north 170 49' 49" east 216.66 feet to
Point "P", the Point of Beginning.
Containing an area of 6643 square feet of land, more or less.
PARCEL 1602-3 (Permanent Easement) :
Beginning at Point "Q" described above in PARCEL 1602-1; thence, from said
Point of Beginning, along the southerly boundary of said PARCEL 1602-1 south
890 48' 40" east 35.00 feet; thence, leaving said southerly boundary of
Parcel 1602-1, south 00 11' 20" west 291.21 feet to a point on the southerly
boundary of said Parcel "A" (136 P.M. 27) ; thence, along said southerly
boundary, north 720 10' 11" west 36.73 feet; thence leaving said southerly
boundary of Parcel "A", north 00 11' 20" east 280.08 feet to Point "Q", the
Point of Beginning.
Containing an area of 9999 square feet of lam, more or less.
PARCEL 1602-4 (Permanent Easement) :
Beginning at Point "R" described above in PARCEL 1602-1; thence, from said
Point of Beginning, along the southerly boundary of said PARCEL 1602-11
south 880 54' 14" east 26.72 feet; thence south 890 31' 28" east 23.28 feet;
thence, leaving said southerly boundary of PARCEL 1602-1, south 00 28' 32"
west 612.55 feet to a point on the southerly boundary of said Parcel "A"
(136 P.M. 27) ; thence, along said southerly boundary, north 740 Ol' 01" west
51.89 feet; thence leaving said southerly line of Parcel "A", north 00 28'
32" east 598.97 feet to Point "R", the Point of Beginning.
Containing an area of 0.695 acre of land, more or less.
PARCEL 1602T-1 (Temporary Construction Easement to expire July 1, 1990 or
upon completion of construction, whichever occurs first.)
Beginning at Point "P" described above in PARCEL 1602-1; thence fx said
Point of Beginning, along the northwesterly line of PARCEL 1602-2 described
above, south 170 49' 49" west 216.66 feet to a point on the southerly
boundary of said Parcel "A" (136 P.M. 27) ; thence along said southerly
boundary of Parcel "A", north 720 10' ill' west 25.00 feet; thence leaving
said southerly boundary of Parcel "A", north 170 49' 49" east 156.24 feet;
thence north 890 48' 40" west 95.57 feet to a point on the westerly line of
said Parcel "A" (136 P.M. 27) ; thence, along said westerly line, north 00
13' 14" east 50.00 feet to a point on the southerly boundary of PARCEL 1602-
1 described above; thence, along the said southerly boundary of PARCEL, 1602-
1, south 890 48' 40" east 137.68 feet to Point "P", the Point of Beginning.
Containing an area of 10,492 square feet of land, more or less.
PARCEL 1602T-2 (Temporary Construction Easement to expire July 1, 1990 or
upon ccmpletion of construction, whichever occurs first.)
Beginning at Point "Q" described above in PARCEL 1602-1; thence, from said
Point of Beginning, along the westerly line of PARCEL, 1602-3 described
above, south 00 11' 20" west 280.08 feet to a point on the southerly
boundary of said Parcel "A" (136 P.M. 27) ; thence along said southerly
boundary of Parcel "A", north 720 10' 11" west 26.23 feet; thence, leaving
said southerly boundary of Parcel "A", north 00 11' 20" east 222.13 feet;
thence north 890 48' 40" west 98.99 feet; thence south 170 49' 49" west
181.68 feet to a point on the southerly boundary of said Parcel "A" (136
P.M. 27) ; thence along said southerly boundary of PARCEL, "A", north 720 10'
11" west 25.00 feet to a point on the southeasterly line of PARCEL 1602-2
described above; thence, along said southeasterly line of PARCEL 1602-2,
north 170 49' 49" east 226.20 feet to a point on the southerly boundary of
PARCEL 1602-1 described above; thence, along said southerly boundary of
PARCEL 1, south 890 48' 40" east 134.32 feet to Point "Q", the Point of
Beginning.
Containing an area of 0.395 acre of land, more or less.
PARCEL 1602T-3 (Temporary Construction Easement to expire July 1, 1990 or
upon ccnpletion of construction, whichever occurs first.)
Beginning at Point "R" described above in PARCEL 1602-1; thence, from said
Point of Beginning, along the westerly line of PARCEL 1602-4 described
above, south 00 28' 32" west 598.97 feet to a point on the southerly
boundary of said Parcel "A" (136 P.M. 27) ; thence, along said southerly
boundary, north 740 Oil 01" west 25.94 feet; thence, leaving said southerly
boundary of Parcel "A", north 00 28' 32" east 542.30 feet; thence north 880
54' 14" west 548.32 feet; thence north 890 48' 40" west 435.94 feet; thence
south 00 11' 20" west 249.16 feet to a point on the southerly boundary of
said Parcel "A" (136 P.M. 27) ; .thence, along said southerly boundary, north
720 10' 11" west 26.23 feet to a point on the easterly line of PARCEL 1602-3
described above; theme, along said easterly line of PARCEL 1602-3, north 00
11' 20" east 291.21 feet to a point on the southerly bciurlary of PARCEL
1602-1 described above; thence, along said southerly boundary of PARCEL,
1602-1, south 890 48' 40" east 461.30 feet; thence south 880 54' 14" east
573.21 feet to Point "R", the Point of Beginning.
Containing an area of 1.641 acres of land, more or less.
PARCEL 1602T-4 (Tenporary Construction Easement to expire July 11 1990 or
upon completion of construction, whichever occurs first.)
Beginning at Point "S" described above in PARCEL 1602-1; thence from said
Point of Beginning, along the southerly boundary of said PARCEL 1602-1,
south 890 31' 28" east 672.14 feet, thence south 890 00' 32" east 100.00
feet to a point from which a radial line of a non-tangent curve concave to
the south having a radius of 270.60 feet bears south 00 28' 32" west; thence
easterly along said curve, through a central angle of 10 22' 1911, an arc
distance of 6.48 feet; thence, tangent to said curve, south 880 09' 09" east
322.75 feet; thence south 770 37' 24" east 79.81 feet to a point on the
easterly line of said Parcel "A" (136 P.M. 27) ; thence, along said easterly
line, south 00 15' 17" west 43.53 feet; thence leaving said easterly line of
Parcel "A", north 870 O1' 34" west 408.22 feet; thence north 890 00' 32"
west 99.87 feet; thence north 890 31' 28" west 646.82 feet; thence south 00
28' 32" west 569.49 feat to a point on the southerly boundary of said Parcel
"A" (136 P.M. 27) ; thence, along said southerly boundary of Parcel "A",
north 740 O1' 01" west 25.94 feet to a point on the easterly line of PARCEL
1602-4 described above; thence along said easterly line of PARCEL 1602-4,
north 00 28' 32" east 612.55 feet to Point "S", the Point of Beginning.
-Containing an area of 1.704 acres of land, more or less.
Bearings used in the above descriptions are based on the California
Coordinate System Zone III (C.C.S. 27) .
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