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HomeMy WebLinkAboutRESOLUTIONS - 07111989 - 89-452 1.00032 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on July 11, 1989, by the following vote: AYES: Supervisors Powers , Fanden, Schroder , McPeak $ Torlakson NOES: None ABSENT: None ABSTAIN: None Resolution No. 89/ 452 (West's Wat. Code App. , Section 63-12.6; Gov. Code, Sections 54701-54718 SUBJECT: Notification of Hearing to Consider Annexation No. 1 to Flood Control District Drainage Area 76A and Adoption of Annual Benefit Assessments. Project No. 7576-6D8217 - Walnut Creek Area. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RECITES as follows: Section 12 . 6 of the Contra Costa County Flood Control and Water Conservation District Act (West' s Wat. Code App. , Section 63-12 . 6 referred to as the "Act") provide authority for the Board to conduct proceedings for the annexation of parcels or tracts of land to an existing drainage area. The Benefit Assessment Act of 1982 (Gov. Code, Section 54701-54718) provides authority for the Board to propose for adoption annual benefit assessments for the purpose of financing the maintenance and operation costs of drainage and flood control services, as well as the cost of installation and improvement of drainage and flood control facilities. As conditions of approval of their developments, the owners of the parcel (Subdivision 7056) described in Exhibit "A" attached hereto are required to annex their parcels for the purpose of funding the maintenance and operation costs of the drainage and flood control services provided to the parcels. The developers of Subdivision 7056 have requested that the proceeding for the annexation and adoption of annual benefit assessments be instituted by the Board for the parcels described in Exhibit "A" attached hereto. The Board has before it for consideration the boundary map and the engineer' s report entitled Annexation No. 1 to Drainage Area 76A. Said documents, which describe the area proposed to be annexed and which provide an estimate . of the current annual maintenance and operation costs of the drainage and flood control services and the amounts of the proposed assessments, are on file with and may be examined at the Office of the Clerk of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California. NOW, THEREFORE, the Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, FINDS AND RESOLVES as follows: RESOLUTION NO. 89/ 452 All of the foregoing recitals are true and correct, and the above described petition complies with the requirements of section 12.6 of the Act (West's Wat. Code App. , Section 63-12 . 6) . It is proposed that the real property described in Exhibit "A" attached hereto be annexed to Drainage Area 76A that the drainage area boundaries be changed accordingly, and that annual benefit assessments be levied against the real property described in Exhibits A attached hereto, as set forth in the above described engineer's report. At 11:00 a.m. on August 22 , 1989, in the Chambers of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California, this Board will conduct a public hearing on the proposed annexation, and change in drainage area boundaries; this Board will also consider and act upon the Negative Declaration, will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for or against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. The Clerk of the Board is DIRECTED to publish a Notice of Public Hearing, in the form attached hereto, pursuant to Section , 11 of the Act (West's Wat. Code App. , Section 63-11) and Government Code Sections 54716 and 6066, once a week for two (2) consecutive weeks prior to the hearing, with at least five (5) days intervening between the respective publication dates not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation in the drainage area. Publication shall be completed at least seven (7) days before said hearing. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Superv�ggrs o�the date�sn wn. ATTESTED: JU� 1 1909 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Deputy Originator: Public Works (FC) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller City of Danville City of Walnut Creek, Attn. Frank Kennedy Chief Engineer Flood Control Engineering Accounting Engineering Services Fee Recipients RSC:sj BO:DA76ANot.t7 EXHIBIT A Annexation No. 1 to Drainage Area 76A I All that certain real property situated in the County of Contra Costa, State of California, described as follows : Being a portion of the Record of Survey filed December 17 , 1982 , in Book 72 of LSM, at page 4 , Contra Costa County Records, more particularly described as follows : BEGINNING at the most northerly corner of said Record of Survev; thence South 76059 ' 28 " East, 733 . 37 feet; thence South 3°59 ' 00 " East, 83 . 67 feet; thence South 27°03143" West, 155 . 87 feet; thence South 54 °05 ' 02" West, 449 . 99 feet; thence along a tangent curve to the left, having a radius of 400 . 00 feet, through a central angle of 12°49 ' 45 " with an ark length of 89 . 57 feet; thence South 41115 ' 17" West, 239 . 54 feet; thence along a tangent curve to the right, having a radius of 200 . 00 feet, through a central angle of 30006 ' 45 " with an arc length of 105 . 11 feet to a point on the northern right-of-way line of Livorna Road East; thence along said right-of-way line South 71°22 ' 02" West, 9 . 32 feet; thence leaving said right-of-way line North 27°27 ' 17" West, 169 . 71 feet; thence South 79041 ' 32 " West, 61 . 56 feet; thence South 63032 ' 32" West, 106 . 23 feet; thence South 86104 ' 32" West, 79 . 84 feet; thence North 1°27 ' 28" West, 262 . 61 feet; thence North 29'43 ' 32 " East , 600 . 95 feet; thence North 34055 ' 32" East, 98 . 82 feet to the Point of Beginning. Containing 13 . 27 acres of land, more or less .