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HomeMy WebLinkAboutBOARD MINUTES 12-22-49 16,8. MINUTES OF AN ADJOURNED MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA SANITARY DISTRICT HELD DECEMBER 22. 1949 The District Board of Central Contra Costa Sanitary District convened in adjourned session at .i ts regular place of meeting located at 1822 Nt. Diablo Boulevard, in the City of Walnut Creek, County of Contra Costa, State of California, at the hour of 8:00 .o'clock p.m., on December 22, 1949. The meeting was called to order by President Wadsworth and the following roll was called: PRESENT: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members - None READING OF MINUTES OF PREVIOUS MEETING The Minutes of. the previous meeting were read and were approved as entered. REQUEST FOR ANNEXATION OF FORMER HOOK PROPERTY AND FORMER ROCHE PROPERTY BY GOFORTH AND McGAH The following letter waS received and read: "District Boarct Central Contra Costa Santo Dist. 1822 Mt. Diablo Blvd. Walnut Creek, Calif. December 22, 1949 Gentlemen: "We wish to annex certain properties to your Sanitary District. These are as follows. liThe former Hook property lying between Hookston Road and Monument Road and between Southern Pacific Railroad and the present District Boundary at the state Highway No.4 CC 75 B! liThe portion of the former Roche property lying westerly and north- erly of the present District boundary and contiguous thereto and bounded on the northwest by Grayson Creek plus the adjoining parcel formerly owned by Dresser. IIWe request that you set the conditions under which you will accept these annexations. We are prepared to pay all escaped taxes and costs of effecting the annexations. Very truly yours /s/ E. J. McGah." It was moved by Member Smitten, seconded by Member Johnson that the request for annexation be laid on the table indefinitely. Carried unanimously. 12 22 49' 169 NOTICE OF ASSIGN~ŒNT LID 3 DOWNER TO AYIERICAN TRUST CO. The American Trust Company by letter of December 21, enclosed a photostatic copy of Assignment of the sumsdue Downer Corp. and Onion Paving Company under contract for Local Improvement District No.3, and requested acknowledgemet of receipt of Assignment. The President of the Board acknowledged receipt of Assignment. CONTINUATION OF HEARING ON PETITION FOR ANNEXATION OF ALAMO-DANVILLE-DIABLO It was moved by Member Smitten, secDnded by Member Johnson that the Petition for annexation election of the Alamo-Danville-Diablo area be disapproved: Motion was denied by the following vote: AYES: NOES: ABSENT: Members Johnson and Smitten Members Toland, Cornwall and Wadsworth Members - None. It was moved by Member Cornwall, seconded by Member Toland that the petition for annexation election of the Alamo-Danville-Diablo area be accepted. Carried by the following vote: AYES: NOES: ABSENT: Members Toland, Cornwall and Wadsworth Members Johnson and Smitten Members - None Mr. J. Thaddeus Cline thanked the Board for their patience, courtesy and consideration in the matter. RESOLUTION AND ORDER DESCRIBING THE EXTERIOR BOUNDARIES OF THE ALAMO-DANVILLE-DIABLO TERR- ITORY PROPOSED TO BE ANNEXED TO THE CENTRA.. CONTRA COSTA SANITARY DISTRICT Member Toland, seconded by Member Cornwall moved the adoption of Resolution No. 528: RESOLUTION NO. 528 BE IT RESOLVED THAT: . WHEREAS, a Petition, signed by Twenty-Five per cent (25%) of the freeholders residing in the hereinafter described territory proposed to be annexed to the Central Contra Costa Sanitary District, as shown by the last equalized assessment roll of Contra Costa County, was presented to this Board on the 15th day of December, 1949, at the hour of 8:00 o'clock p.m. of said day, at the regular place of meeting of said Board at 1822 Mt. Diablo Boulevard in the City of Walnut Creek, County of Contra Costa, State of California, asking that said territory be annexed to said Central Contra Costa Sanitary District by election under the provisions of Part I of Division VI of the Health and Safety . Code of the State of California, and an Affidavit of Publication of said Petition, and of a Notice stating the time when said Petition would be presented to this Board, was filed at said time and place; and WHEREAS, said Petition' designated specifically the 'boundaries of the territory proposed to be annexed and its assessed valuation, as shown by the last equalized assessment roll of the County of Contra Costa, and states that said territory is in the same county as said Central Contra Costa Sanitary District, is contiguous thereto, and is not within the limits of any other Sanitary District; and WHEREAS, said Petition is verified by the Affidavit of one (1) of the petitioners whose name is signed to said Petition; and 12 22 4 ~" 170 WHEREAS, said Petition was also accompanied by a surety bond in the sum of ONE HUNDRED AND NO/IOOTHS DOLLARS ($lOO.OO), as security for the payment by the petitioners of the reasonable costs of the election on annexation in the event that at such election less than a majority of the votes cast are in favor of annexation; and WHEREAS" at the time and pla,ce fixed in said Notice for said hearing, this District Board proceeded to hear said Petition and all persons interested therein who appeared; and , WHEREAS, at said hearing of December 15,1949, both. oral and written protests were presented to the District Board by certain owners and resident freeholders residing within the territory proposed to be annexed, as described in the Petition presented to this Board; and, . , WHEREAS, at said hearing said Board gave consideration to the report made by its District Manager showing his investigation of the area proposed to be annexed and said hearing waS continued to this date; and WHEREAS, said Petition and Affidavit show, and after a full hearing, examination, and investigation, this Board has found and does hereby find and declare: That said Petition is duly 'verified by the Affidavit of one (1) of the petitioners whose name is signed thereto; that said Petition was duly published for at least two (2) weeks preceding the hearing thereon by this District Board, together with a Notice stating that said Petition would be presented to this Board on Thursday, December 15, 1949, B.t the hour of 8:00 o'clock p.m. ,of said date, at the meeting room of said Board, located as hereinbefore des- , cribed, and that at said time and place all persons interested therein might appear and be heard, November 28,1949 and December 5,1949, in the Walnut Creek Courier-Journal, a newspaper of general circulation published in the District; that the Affidavit of such publication has been presented to and is on file with this Board; and that said Petition and said Notice so published are in the form required by said Health and Safety Code of the State of California; that there are Five Hundredtb~en(513) persons whose names are signed to said Petition and who are freeholders residing in the territory proposed to be annexed, as shown by the last equalized assessment roll of the County of Contra Costa; that said Five Hundred Thirteen (513) petitioners constitute Twenty-Five per cent (25%) of the freeholders residing in the territory proposed to be annexed, as shown by the last equalized assessment roll of the County of Contra Costa; that all of the facts set forth in said Petition are true, and that all acts and conditions and things required by law.to be done precedent to the hearing of said Petition by this Board havé been done and have been performed in regular and in due form and in strict compliance with the provisions of law authorizing the presentation of said Petition; BE IT FURTHER RESOLVED AND ORDERED: (1) That upon the final hearing of said Petition and after a full hearing, investigation and examination, this Board does hereby find and determine that all of the territory described in said Petition and in the judgment of this Board would be benefited by annexation to said Sanitary District. (2) That this Board does hereby approve said Petition as presented. (3) That the exterior boundaries of the territory proposed to be annexed to the Central Contra Costa Sanitary District and spec- ifically described in said Petition are hereby described as follows: All that certain real property located in the County of Contra Costa, State of California, described as follows: 12 22 49 I 171 Beginning at the point of intersection of the 'southern line of the Walnut Creek School District and the west boundary line of Rancho ,San Ramon, which point is also the southwest corner of Gould's Add-' ition to Walnut Creek filed July 26, 1911, and of record in Book 5 of Maps, at page 117, Contra Costa County Official ReCords, and running thence southeasterly along said boundary line of Rancho San Ramon to its intersection with the extension westerly of the north boundary of the 0.60 acre t~act of land granted to E. B. Larson in the deed of record in Recorder's File No. 16653-47; thence easterly and southerly along said extension and along the north and east bounda,ries and the extension southerly of the east boundary of said parcel to the intersection thereof with the center line of a road known as North Avenue (Las Trampas Road); thence northeasterly along said center line to its intersect,ion with the northwesterly ext,ension of the westerly boundary of the 6.79 acre ~ract of land deeded to G. L. Ashby, et ux, of record in Volume 441 of Official Records, page 61; thence southeasterly along said extension and boundary and its extension southerly to the intersection thereof with the northerly boundary of the 0.507 acre tract of land deeded to J. S. Fairchild, et ux, of record in Volume 548 Official Records, page 372; thence westerly along said boundary and its extension westerly to the east- erly line of the 10.90 acre tract of land deeded to M. Henry of record ,in Recorder' s File No. 6629-47; thence southerly' along said easterly boundary to the intersection thereof with the northerly boundary of the Hemme Subdivision (Ford Tract) as said subdivision is designated on map of record in Map Book C, page 66; thence west- erly along the northerly boundary of said subdivision to the north- west corner of Lot 6 of said subdivision; thence southeasterly along the western boundary of said'Lot 6 to the intersection thereof with the center line of a road known as Hemme ,Avenue; thence northeasterly along said center line to the intersection thereof with the northwest- erly extension of the westerly boundary of Los Alamos Estates, Unit No.1, as said subdivision is designated on map of record in Map Book 34, pages 35 and 36; thence southeasterly along said extension and boundary and its extension southeasterly to its intersection with the line between Lots 11 and 18 of the aforementioned Hemme Subdivision; 'thence southwesterly along said line to the corner common to Lots 9, 10, 19 and 20 of said Hemme Subdivision; thence southeasterly along the line between Lots 19 and 20 and its. extension southerly to the intersection thereof with the center line of a road known as Camille Avenue (Grosjean Avenue); thence northeasterly along said center line to its intersection with the northwesterly corner of the 18.26 acre tract of land deeded to M. K. Hart, of record in Volume 462 of Deeds, page 128; thence southerly, westerly and southerly along the western boundary of said 18.26 acre tract to its southwest corner, said corner being in the center line of a creek and also being a point on the western boundary of the 51.69 acre tract of land deeded to Frank Rutherford, of record in Volume 346 of Deeds, page 46; thence south- erly along the west, boundary of said 51.69 acre tract to the southwest corner therèof;, thence westerly along the direct extension westerly of the south line of said 51.69 acre tract to the center line of a 24 feet in width private road; thence southerly along said center line to the southwe~t corner of the 18.377 acre parcel deeded to Amalia T. Harper in Volume 531 of Official Records, at page 282; thence easterly along the south line of said Harper parcel to the center line of a 24 feet in width private road as described in Volume 528 of Official Records, at page 354; ,thence southerly along said center line to the south line of the parcel of land ,deeded to G. A. Willis of record in Volume 793, of Official Records, at page 481;. thence northeasterly along'said south line and along the direct ex- tension nortÞeasterly thereof to the westerly boundary of the 18.817 acre tract of land deeded to C. E. Bardwell et al, of 'record in Record File No. 29008-46; thence southeasterly along said boundary to southeast,ern corner of said 18.817 acre tract; thence leaving said boundary in a southerly direction across a 40 foot county road, which road bounds the last mentioned 18.817 acre tract of land on the south- ee,st, to the intersection of the easterly boundary of the 42.444 acre tract of land deeded to R. D. Kerley et ux, of record in Volume 748, 12 22 49 ,172 , Official Records, page 84; and the south boundary of said county road; thence southeasterly and southwesterly along the eastern and southern boundaries of said 42.444 acre tract and the exten- sion westerly of said southern boundary to the northwest corner of the 39.28 acre tract of land deeded to C. A. Love of record in Volume 533, Official Records, pàge 295; thence southeasterly along the western boundary of said tract and its extension southeasterly to the most southerly corner of the 9.686 acre tract of land deeded to I. E. Love, et ux, of record in Volume 664, Official Records, page 63; thence northeasterly along the southerly boundary of said 9.686 acre parcel to its intersection with the northwesterly corner of Lot 88 as said lot is delineated on the map of Ds,nville Estates, which map was filed October 17, 1946 in Volume 31 of Maps, page 22, 23, and 24; thence southeasterly, southwesterly, southerly and easterly along the western and southern boundaries of said Danville Estates to its intersection with the west boundary of the State, Highway to San Ramon; thence in a easterly direction across said Highway to the southwesterly corner of Lot 77 as said lot is delin- eated on the map of Danville Gardens which map was filed on October 23, 1846 in Volume 31 of Maps, page 26, 27 and 28; thence easterly along the southerly boundary of ss,id. Danvi11e Gardens to the inter- section thereof with the southwest corner of LOt 26 as said lot is delineated on the map of Rancho San Ramon Heights, Unit No.1, which map was filed April 5,1946 in Map Book 28, pages 46 and 48; thence easterly and northerly along the southern and eastern boundaries and the extension northerly of the eastern boundary of said .Rancho San Ramon Heights No.1 to the intersection thereof with the center line of the County road to Sycamore; thence sQutheasterly along said center line to its intersection with the southerly extension of the eastern boundary of Lot 136 as said lotis.delineated on that certain map entitled Las Lomitas Subdivision Unit No.2, which map was filed on November 9, 1948 in Map Book 36, pages 17 and 18; thence northerly, westerly, northerly and westerly along the exter- ior boundary line of said Las Lomitas Subd1vis1on Unit No.2 to the intersection thereof with the easterly line of Lot 36 as said lot is delineated on that certain map entitled Vista Grande which map was filed June 29, 1946 in Map Book 30, pages 5 and 6; thence northerly along said boundary to the intersection thereof with the so~theast corner of the 26.255 acre tract of land deeded to E. M. Christofferson, of record in Recorder's File No. 4810-49; thence northeasterly and westerly along the easterly and northerly bound- aries ofosaid land to a point in its north boundary which bears north 89 47' 40" west 580 feet more or less from the northeast corner thereof; thence leaving said boundary in a northerly direc- tion 815 feet more or less to the southeast corner .of the 1.71 acre tract of land deeded to K. S. and H. R. Apger, of record in Volume 1158, Official Records, page 361; thence northerly along the easterly boundary of said 1.71 acre tract to the intersection thereof with the southerly boundary of the 195.0 acre trs,ct of land deeded to A. M. Short of record in Volume 384, Official Rec- ords, page 328; thence westerly and northerly along the southerly and westerly boundaries of said 195.0 acre tract to the intersec- tion thereof with the southerly boundary of a road known as Green Valley Road; thence northeasterly along said boundary to 1ts inter- section with the most northerly corner of the tract of land deeded to Community Land and Development Company of record in Recorder's File No. 46657-48; thence southerly and easterly along the westerly ,and southerly boundary of said tract to the southwest corner of the 6.51 acre tract of land deeded to J. J. and A. C. Progress, of record in Recorder's File No. 3676-49; thence easterly and northerly along the southerly and easterly boundaries of said 6.51 acre tract and the extension northerly of the easterly boundary to the inter- section thereof with the northerly boundary of a road known as El ' Camino Tassajara; thence northwesterly along said northerly boundary to its intersection with the center line of a road known as Calle Cresp+;'thence northerly along said center line to its intersection with the center line of a road known as Calle Los Collados; thence northerly along said center line and its extension northerly and .12 22 49 173 westerly to its intersection with the north~jesterly boundary of the 1.50 acre tract of land deeded to E. S. and A. H. Onken, of record in Recorder's File No. 39462-46; thence southwesterly along said boundary, to its intersection with the center lire of a road known as Alameda Diablo; thence southerly along said center line to its inter- section with the northerly boundary of the 0.5 acre tract of land deeded to R. H. Gibson, of record in Volume 1195 of Official Records, page 249; thence westerly along said boundary to the northwest corner of said 0.50 acre tract; thence southerly along the westerly boundary of said 0.50 acre tract and its extension southerly to the northwest corner of the 1.56 acre tract of land deeded to F. K. and G. A. Jack- son, of record in Volume 888, Official Records, page 111; thence southerly along the westerly boundary of said 1.56 acre tract to the intersection thereof with the north line of a road known as Vista Grande; thence westerly along said north line to the east lin~ of the parcel of land deeded to Duncan S. Neilson of record in Volume 1316 of Official Records, page 97; thence northerly and westerly along the easterly and northerly lines of said Neilson parcel to the north- west corner thereof, said point being on a west line of the parcel of land deeded to Jean J. Silva of record in Volume 772 of Official Records, page 312; thence northerly and westerly alöng the exterior boundary line of said Silva parcel to the intersection thereof of 0 the two courses "north 260 41' 30" west, 326.09 feet" and "south 45 53145" west, 1313.66 feet"; said angle point being located in the southwest one-quarter of Section 15, Township One South, Range one west, Mt. Diablo Base and Meridian; thence leaving said southerly boundary in a direct line due north to the intersection. thereof with the northern boundary of said southwést one-quarter of said section, township and range; thence westerly along the north boundary of 'the southwest one-quarter of Section 15 of said Township and Range and its extension westerly to its intersection with the center line of a road known as Stone Valley Road; thence southerly along the center line of said road to its intersection with the south boundary of Sectiop 16 of the aforementioned Township and Range; thence westerly along said south boundary of said Section 16 to its southwest corner; thence southerly and westerly ålong the easterly and southerly boundaries of the northeast one-quarter of Section 20 of the afore- mentioned Township and Range and the extension westerly of said southerly boundary to its intersection with the center line of San Ramon Creek; thence in a northerly direction along said center line to its intersection with the existing boundary of Central Contra Costa Sanitary District as per order of the Board of Supervisors of , the County of Contra Cos,ta, dated June 15, 1946 declaring Central Contra Costa Sanitary District duly formed and established; thence southwesterly along said existing boundary to the point of beginning of this description. All of the herein before references to deeds are t~ Official Records of Contra Costa County, California. (4) That said surety bond in the sum of ONE HUNDRED AND NoLlooths DOLLARS ($100.00) be and the same is hereby approved and ordered filed by the Secretary of said Board. ~ (5) That a resolution and order calling an election in the said hereinbefore described territory proposed to be annexed for the purpose of determining whether or not the said hereinbefore described territory shall be annexed to the Central Contra Costa Sanitary Dist- rict be hereinafter adopted by this Board. PASSED AND ADOPTED bY the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of California, on the 22nd day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Toland, Cornwall and Wadsworth Members Johnson and Smitten Members - None /8/ H. M., Smitten, Secretary /s/ R. E. Wadsworth, President 12 22 49 174 RESOLUTION AND ORDER, ORDERING THAT AN ELECTION BE HELD FOR THE PURPOSE OF DETERMINING \tlHETHER OR NOT CERTAIN CONTIGUOUS TERRITORY SHALL BE ANNEXED TO CENTRAL CONTRA COSTA SANITARY DISTRICT Member Toland, seconded by Member Cornwall, moved the adoption of Resolution No. 529: RESOLUTION NO. 529 WHEREAS, a Petition signed by Twenty-Five per cent (25%) of the freeholders residing in the territory hereinafter described and proposed to be annexed to the Central Contra Costa Sanitary District, as shown by the last equalized assessment roll of the County of Contra Costa, was presented to this Board on the 15th day of December, 1949, at the hour of 8:00 o'clock p.m. of said day at the regular meeting place of said Board at 1822 Mt. Diablo Boulevard, Walnut Creek, California, asking that said territory be annexed to said Central Contra Costa Sanitary District, under the provisions of Part I of Division VI of the Health and safety Code of the State of California; and WHEREAS, at the final hearing of said Petition duly and reg- ularly held on December 22, 1949, the District Board of Central Contra Costa Sanitary District found and determined that all of the territory hereinafter described would, in the judgment of ,said Board, be benefited by annexation to said Sanitary District, and approved said Petition, and made its order describing the exterior boundaries of the territory proposed to be annexed. NOW, THEREFORE, BE IT RESOLVED that the District Board of Central Contra Costa Sanitary District does hereby order that an election be held in accordance with the provisions of the Health and Safety Code of the State of California, at the places herein- after designated in the territory proposed to be annexed thereto which is hereinafter described, on'the 7th day of February, 1950, from the hour.of 7:00 o'clock a.~. to the hour of 7:00 o'clock p.m. of said day, during which period of time the polls will be continuously open, at which time and place there will be sub- mittedto the qualified voters residing in the territory herein- after described and proposed to be annexed to said Sanitary Dist- rict, the question whether or not the said territory shall be annexed to said Central Contra Costa Sanitary District. Said territory is more particularly described as follows: All that certain real property located in the County of Contra Costa, State ofCa.J.ifornia, ,described as follows: -"""'-"""""'.'."'---.'" ...--..------..----.. ,-,-,--, Beginning at: the point of intersection of. the southern line of the Walnut Creek School District and the west boundary line of Rancho San Ramon, which" point is also the southwest corner of Gould's Addition to Walnut Creek filed July 26,1911, and of record in Book 5 of Maps, at page li 7, Contra Costa County Offic ial Records, and' running thence southeasterly along said boundary line of Rancho San Ramon to its intersection with the 'extension westerly of the north boundary of the 0.60 acre trac,t of land granted toE. B.La.rson in the deed of record in Recorder's File No. 16653-47; thence easterly and southerly along said extension and along the ,north , and east boundaries and the extension southerly of the east boundary of said parcel to the intersection thereof with the center line of a road known as North Avenue (Las Trampas Road); thence northeasterly along said center line to its intersection with the northwesterly extension of the ~esterly boundary of the 6.79 acre tract'- of land deeded to G. .L. Ashby, et ux, of recordln Volume 441 of Official Records, page 61; thence southeasterly along said extension and boundary and its extension southerly to the intersection thereof with the northerly boundary of the 0.507 acre tract of land deeded to J. S. Fairchild, et ux, of'record,in Volume 548 Pfficial Records, page 372; thence westerly along said boundary and its .extension westerly to the easterly line of the 10.90 acre tract of land'deeded to M. Henry of record in Recorder's File No. 6629-47; thence southerly along said easterly boundary to the intersection thereof ,with the northerly boundary of the Hemmå Subdivision (Ford Tract) as said subdivision is designate~ on map of record in Map Book C, pag~ 66; thence westerly along the northerly boundary of said subdivision to the north-' west corner of Lot 6 of said subdivision; thence southeasterly along the western' boundary of said Lot 6 to the intersection thereof with the center line of a road known as Hemme Avenue; thence northeasterly along said center line to the inter- , ; ---¡ -' ! i12 22 49 r Li ,~ ,"- I 1¡¿ 22 175 49 section thereof with the northwesterly extension of the westerly boundary of Los Alamos Estates, Unit No.1, as said subdivision is designated on map of record in Map Book 34, pages 35 and 36; thence southeBtSterly along said extension and boundary and its extens.ion southeasterly to its intersection with the line between Lots 11 and 18 of the aforementioned Hemme Subdivision; thence southwesterly along said.,line to the corner common to Lots 9,10,19 and ,20 of s~d Hemme Subdivision; thence southeasterly along the line between Lots 19 and?O and its extension southerly to the intersection thereof with the center line of a,road known as Camille Avenue (Grosjean Avenue); thence northeasterly along said" center line to its intersection with the northwesterly corner of the 18.26 acre tract of land deeded to M. K. Hart, of record in Volume 462 of Deeds, page '128; thence southerly, westerly and southerly along the w~stern boundary of said 18.26 acre tract to its southwest corner,. said corner being in the center line of a creek and also being a point on the western boundary of the 51.69 acre tract of land deeded to Frank Rutherford, of record in Volume 346 of Deeds, page 46; thence southerly along the west boundary of said 51.69 acre tract to the ,southøst corner therof; thence westerly alo;ng the direct. eXtension westerly of the south l~ of said 51.69 acre' tract to the cent.er ' line ofa 24 teet 1%1 width privatè r~J thenc~ southerlyalDng said center line to the southwest corner of the 18 ~377 acre parcel deeded t.o Amalia T ~ Harper in Volume 531 of Official Records, at page 282J thence easterly along , the south line of 'said Harper parcel to the center line .ofa 24 feet in width private road as described in Volume 528 of Official Records, at ,page 354; thence southerly along said center line to the south line of the parcel of land deeded to G. A. Willis of record in Volume 793 of Official Records, at page 481; thence northeasterly along said south line and along thed1rect extension northeasterly thereof to the westerly boundary of the 18.817 acre tract of.land deeded to C. E. Bardwell et al, ,of record in RecorCi File No. 29008,..46; thence southeasterly along said boundary to southeastern corner of said 18.817 acre tract; thence leaving said boundary in a southerly direction across a4o foot county road, which road bounds the last mentioned 18.817 acre tract of land on the southeast, to the interse,ctionóf the easterly bounda.ry of the 42.444 acre tract of lQ.Dd deeded to R. D~ Kerley et Wt, of. record in Volume 748, Official Records, ~a.ge 84; a.ud the" south boundary of said county road; :thence 'southeasterly and southwesterly along , the eastern andsouthem boundaries of said 42.444 acre 'tract and the extensi()n westerly of said southern boundary to the northwest corner of 'the 39~28 acre tract of land deeded to C. A. Love of record in ,Vol-ume 533, Official Records, page 295; thence southeasterly along the western boundary of said tract and its extension southeasterly to the most southerly cornerot the 9.686 acre tract of land deeded to I. E. Love, et ux, of record in Volume 664" Ç>fficial Records, page 63; thence northeasterly &lengthe southerly boundary of s~d 9.686 acre parcel to its intersection With the northwesterly corner'of Lot 88 as said lot is delineated on the map of Danville Estates, which map was filed October 17, 1946 in Volume 31 of Maps, page 22,23, and 24; thence southeasterly, southwest- erly, southerly and easterly along the western and southern boundaries of said Danville Estates to its intersection with the west boundary of the State Highway to San Ramon; thence in a easterly direction across said Highway to the,south- westerly corner of Lot 77 as said lot is delineated on the map of Danville Gardens which map was filed on October 23, 1946 in Volume 31 of Maps, page 26, . . 27 and 28; thence easterly along the southerly boundary of said Danville Gardens to the intersection thereof With the southwest corner of Lot 26 as said lot 1s delineated on the map of Rancho San Ramon Heights, Unit No.1, which map was filed April 5,1946 in Map Book 28, pages 46 to 48; thence easterly and northerly along the southern and eastern boundaries and the extension northerly of the eastern boundary of said Rancho San Ramon Heights No.1 to the intersection thereof with the center line of the County road to Sycamore; thence southeasterly along said center line to its intersection with the southerly extension of the . eastern boundary of Lot 136 as said lot is delineated' on that certain map en-' titled Las Lomitas Subdivision Unit No.2, which map was filed on November 9, , 1948 in Map Book 36, pages 17 a.ud 18; thence northerly, westerly, northerly and ~esterly along the exterior boundary line of said Las Lomitas Subdivision Unit No.2 to the intersection thereof with the easterly line of Lot 36 as said lot is delineated on that certain map entitled Vista Grande which map was filed June 29,1946 in Map Book 30, pages 5 and 6; thence northerly along said boundary to the intersection thereof with the southeast corner of the 26.255 acre tract of land deeded to E. M. Christofferson, of record in Recorder's File, No. 4810-49; thence northeasterly and westerly along the easterly andnortherly.boundarles ' of said land to a point in its north boundary which bears north 89° 47' 4011. west' 580 feet more or less fram the northeast corner thereof; thence 'leaving said boundary in a northerly direction 815 feet more or less to the southeast corner of the 1.71 acre tract of land deeded to K. S. and H. R. Apger, of record. in Volume 1158, Official Records, page 361; thence northerly along the easterly,' boundary of said 1.71 acre tract to the intersection thereof with the southeriy boUþdary of the 195.0 acre tract of. land deeded to A. M. Short of record in Vol~384, Official Records, page 328; thence westerly and northerly along the southerly 'and westerly boundaries of said 195.0 acre tract to the inter- section thereof with the southerly boundary of a road known as Green Valley 176 .",,--~-_...,,-,.,_.. .,.....-." ""'.'..-"'." '" Road; thence northeasterly along åaid boundary to its intersection with the most northerly corner of the tract of land deeded.to Community Land and Development Company of record in Recorder's File No. 46657-48; thence southerly and easterly along the westerly and southerly boundary of said tract to the southwest corner of the 6.51 acre tract of land deeded to J. J. and A. C. Progress, of record in Recorder's File No. 3676-49; thence easterly and northerly along the southerly and easterly boundaries of said 6.51 acre tract and the extension northerly of the easterly boundary to the intersection there- of wi th the northerly boundary of a road known as El Camino Tassajara; thence northwesterly along said northerly boundary to its intersection with the center line of a road known as Calle Crespi; thence northerly along said center line to its intersection with the center line of a road known as Calle Los Collados; thence northerly along said center line and its extension northerly and westerly to its intersection with the northwesterly boundary of the 1.50 acre tract of land deeded to E. S. and A. H. Onken, of record in Recorder's File No. 39462-46; ,thence southwesterly along said boundary, to its intersection with the center line of a road known as Alameda Diablo; ,thence southerly along said center line to its intersection With the northerly boundary of the 0.5 acre tract of land deeded to R. H. Gibson, of record in Volume 1195 of Official Records, page 249; thence westerly along said boundary to the northwest corner of said 0.50 acre tract; thence southerly along 'the westerly boundary of said 0.50 acre tract and its extension southerly to the northwest corner of the 1.56 acre tract of land deeded to F. K. and G. A. Jackson, of record in Volume 888, Official Records, page Ill; thence southerly along the westerly boundary of said 1.56 acre tract to the intersection thereof with the north line of a road known as Vista Grande; thence westerly along said north line to the east line of the parcel of land deeded to Duncan S. Neilson of record in Volume 1316 of Official Records, page 97; thence northerly and westerly along the easterly and northerly lines of ' said Neilson parcel to the northwest corner thereof, said point being on a west line of the parcel of land deeded to Jean J. Silva of record in Volume 772 of, Official Records, page 312; thence northerly and westerly along the exterior boundary line of said Silva parcel to the intersection thereof of the two courses ."north 260 41' 30." west, 326.09 feet" and ."south 450 53' 45" west, 1313.66 feet"; said ~e point being located in the southwest one-quarter of Section 15, Township One South, Range one west, Mt. Diablo Base and Meridian; thence. leaving said southerly boundary in a direct line due north to the intersection thereof. with the northern boundary of said southwest one-quarter of ,said 'sect~on, township and. range; thence westerly along the north boundary of the southwest one-quarter of Section 15 of said Township and Range and its extension westerly to its intersection with the center line of a road knoWn as Stone Valley Road; thence southerly along the center line of said road to its intersection with the south boundary of Section 16 of the aforementioned Township and Range; thence westerly along said south boundary of said Section 16 to its southwest corner; thence southerly and westerly along the easterly and southerly boundaries of the northeast one-quarter of Section 20 of the aforementioned Township and Range and the extension westerly of said southerly boundary to its intersection with the ,center line of San Ramon Creek; thence in a northerly direction along said center line to its intersection with the existing boundary of Central Contra Costa Sanitary District as per order of the Board of Supervisors of the County of Contra Costa, dated June 15,1946 declaring Central Contra Costa Sanitary District duly formed and established; thence southwesterly along said existing boundary to the point of beginning of this, description. All of the herein before references to deeds are to Official Records of Contra Costa County, California. BE IT FURTHER RESOLVED'AND ORDERED: ,(1) That if a maJority of the votes cast at such an election in said territory proposed to be annexed to said Sanitary District which is hereinabove described, are in favor of the annexation of said territory, the District Board of said Sanitary Distririt will thereafter take the necessary steps to complete the annexation of said territory to said Sanitary District; 12 22 49 --- ~ ,~. 177 (2) That every qualified voter residing in the hereinabove des- cribed territory proposed to be annexed to said District for the length of time to enable him to vote at a general election, shall be entitled to vote at said election; (J) That for the purpose of said election, the territory herein- above described shall consist of two (2) consolidated precincts, and the following are descriptions of said precincts, the names of the persons designated to conduct said election, and the polling places of said election: Consolidated Precinct No.1 composed of portions of each of the following county precincts known as Alamo No.1, Alamo No.2 and Alamo No.3. Inspector: Judge: Judge: Ethel L. Dolan Hannah M. Kessler Signa A. Anderson Polling Place: Alamo Community Center, Danville Highway and Stone Valley Road, Alamo, California Consolidated Precinct No.2 composed of portions of each of the following county precincts known as Danville No.1, Danville No.2 and Danville No.3. Inspector: Louise L. Lawrence Judge: Addie P. Glass Judge: Helen P. Dolge Polling Place: Danville Fire House, Main street, Danville, California. (4) That said election be conducted as nearly as practical in accordance with the general laws of the State of California. (5) That Notice of said annexation election be given by posting a copy of this order calling said election for four (4) successive weeks prior to said election in the following public places: ' A. B. Said Notice of election shall be posted at the following three (3) public places within said Sanitary District: 1. On the front window of the office of this Sanitary District, located at 1822 Mt. Diablo Boulevard, Walnut Creek, California; On the telephone pole in front of and immediately adjoin- ing the United States Post Office, located on East street in Walnut Creek, CaliforniA; 2. On the telephone pole adjoining and immediately west of the United States Post Office on the main highway in Lafayette, California. Said Notice shall be posted at the following three (3) public places within said territory proposed to be annexed to said Sanitary District: 3. 1. On the bulletin board immediately adjoining the Fire Station and facing on the Danville-Walnut Creek Highway in Danville, California; On the outside of the building commonly referred to as the office of the Justiðe of the Peace, Walter Smith, located on the Walnut Creek-Dublin Highway in Danville, California. 2. 3. On the telephone pole adjacent to and in front of the United States Post Office at Alamo, California. 12 22 49 178 (6) That this order calling said election be published once a week for four (4) successive weeks prior to said election in the following newspaper, to-wit: Walnut Creek Courier-Journal, a newspaper of general circulation, published in said Sanitary District. . PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of Calif- ornia, on the 22nd day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Memb~rs Toland, Cornwall and Wadsworth Members Johnson and Smitten Members - None /s/ H. M. Smitten, Secretary of the District Board of Central Contra Co,sta Sanitary District. /s/ R. E. W~dsworth, President of the District Board of Central Contra Costa Sanitary District RESOLUTION FIXING FORM OF BALLOT TO BE USED AT ANNEXATION ELECTION. Member Toland, seconded by Member Cor~wall, moved the adoption of Resolution No. 530: RESOLUTION NO. 530 WH~REAS, this Board has heretofore adopted a resolution order- ing that an election be held for the purpose of determining whether or not certain territory contiguous to the Central Contra Costa Sanitary District and described in said order shall be annexed to said Di strict; NOW, THEREFORE, BE IT RESOLVED: '(1) ThRt the Secretary of this Board mail or deliver to each election officer appointed to serve at said election a Nptice that he has been appointed to serve as election officer; (2) That the Secretary of this Board make all arrangements for securing the polling places selected by this Boar~ for s~ià election, to procure all necessary supplies for use at said election and to cause to be printed the ballots to be used thereat. BE IT FURTHER RESOLVED: That the ballot to be used at said public election in the ter- ri tory proposed to be annexed shall be in substa,ntially the follow- ing form: OFFICIAL BALLOT CENTRAL CONTRA COSTA SANITARY DISTRICT SPECIAL SANITARY DISTRICT ANNExATION ELECTION Tuesday, February 7, 1950 INSTRUCTIONS TO VOTERS: To vote for the annexation, stamp a cross (X) in the voting square after the words "For annexation to the Sanitary District". To vote against the anneKation, stamp a cross (X) in the voting square after the words "Against annexation to the, Sanitary District". All marks, except the cross (X), are, forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot,'return it to the Inspector of Election and obtain another. On absent voter ballots mark cross (X) with pen or pencil. .................................. FOR ANNEXATION TO THE SANITARY DISTRICT ( ) ............................ ...... /1 '2 22 49 179 AGAIN11 ANNEXATION TO THE SANITARY DISTRICT ( ) . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . And that to vote in favor of the proposition submitted at said elec- tion and for the annexation, each voter shall stamp a cross (X) in the voting square after the words, "For annexation to the Sanitary District". To vote against the proposition submitted at said election and against the annexation, each voter shall stamp a cross (X) in the voting square after the words,"Against annexation ,to the Sanitary District". A cross (X) after the words, "For annexation to the Sani- tary District "" shall be counted as a vote in favor .of the proposed annexation and a cross (X) after the words, "Against annexation to the Sanitary D~strict", shall be counted as a vote against the pro- posed annexation. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of California, this 22nd day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Toland, Cornwall and Wadsworth Members Smitten Nembers - None /e/ H. M. Smitten, Secretary of the District Board of Central Contra Costa San- itary District. /s/ R. E. Wadsworth, President ~f the District Board of Central Contra Costa Sanitary District CONFIRMING PROCEEDINGS AND ASSESSMENT LOCAL IMPROVEMENT DISTRICT NO. 12 Member Smitten, seconded by Member Cornwall, moved the adoption of Resolution No. 531: RESOLUTION NO. 511 WHEREAS the District Engineer of Central Contra Costa, Sanitary District of Contra Costa County, State of California, filed with the Secretary of said District on November 10,1949, an Assessment, together with a Diagram and Engineer's Certificate attached thereto, to represent the costs and expenses of constructing sanitary sewers and appurtenances pursuant to Resolution of Intention No. 439, adopted by the District Board of said Sanitary District on April 7,1949, and in that portion of said District described therein as Local Improve- ment District No. 12, to which Resolution of Intention reference is hereby made for a description of said work and improvement and the district to be assessed for the costs and expenses thereof, and for all other purposes; and , . , WHEREAS said Secretary gave due notice, as required by law, of the filing of said Assessment, and that Thursday, the 8th day of December, 1949, at 8:00 o'clock, p.m., on said day, and the meeting place of said District Board at 1822 Mt. Diablo Boulevard, in the City of Walnut Creek, in'sAid County, had been duly fixed as the time and place for the hearing on said Assessment; and WHEREAS said District Board. held such hearing at the time and place so fixed therefor, and then and there, and at a continuance of said hearing regularly held, received evidence, oral and documen- tary upon said work done, and upon said Assessment, and Diagram and Engineer's Certificate attached thereto, and also then and there considered all appeals theretofore filed pursuant to law with said Board by persons interested'in said work and said Assessment; and 12 22 49 180 WHEREAS said District Board has examined said Diagram and Assessment and finds that said Diagram is correct, and that said Assessment should be corrected in the following particulars: That Assessments Nos. 12-8-28 and 12-8-29 should each be changed from $461.00 to $239.30, and each of the other assessments should be changed from the original amount stated therefor by adding thereto a proportionate amount of the sum by which said Assessments Nos. 12-8-28 and 12-8-29 are so reduced, except that Assessment No. 12-8-38 should be changed from $461.00 to $694.50, Assessment No. 12-8-46 should be changed from $691.50 to $463.00, and Assessment No. 12-5-4 should be $1700 as originally stated therefor, all of said Assessments to be as stated in a corrected list thereof prepered by the District Engineer in accordance with the foregoing pursuant to direction by said District Board and filed with the Secretary of said District and now approved by said District Board and filed with the Secretary of said District and now approved by said District Board; and that in other respects said Assessment filed by said District Engineer should be ratified and confirmed; NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by said Dist- rict Board that all acts and determinations of said District Engineer relative to sai.d work done pursuant to said Resolution of Intention be and the same are her~by approved, ratified and con- firmed, and said Diagram and Assessment as so corrected and approved by said District Board be and the same are hereby approved, ratif- ied and confirmed. PASSED AND ADOPTED by the District Board of. Central Contra Costa Sanitary Distriœt of Contra Costa County, State of California, this 22nd day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members, - None Members - None / s/ R. E. Wadsworth, President of ' the District Board of' Central Contra Costa Sanitary District /s/ H. M. Smitten, Secretary of the District Board of Central Contra Costa Sanitary District. WATER CONNECTION - L.I.D. No. 10 It was moved by Member Smitten, seconded by Member Cornwall, and unanimously carried that the Board accept payment of $75.00 from Associated Electrical and Mechanical Company in11eu of com- pleting water connection at the pump house of Local Improvement District No. 10. PA~qENTS TO CLYDE C. KENNEDY Mr. Kennedy presented bills for final payments on Section V Main Trunk, LIDs. 3, 4,7, 8, 10, 12,14, 15 and 16. It was moved by Member Johnson, seconded by Member Toland, and Unanimousl~ carried, that bills from Mr. KennedY in the aggregate amount of $36,562.22 be paid. , Mr. Kennedy told the Board that he proposed to turn over the records to the Secretary of the District for all of the W)rk done including the jobs to be completed, at the termination of the next weekend, and that he left the District with the kindliest feelings. The Board expressed their appreciation to Mr. Kennedy. 11,2 22 49 181 CHARGING LID 3 EXPENSE TO SPECIAL EXPENSE FUND It was moved by Member Toland that the Board authorize the County Auditor to charge the amount of $48,940.97 to the Special Expense Fund and credit this amount to the Running Expense Fund of the District; this amount represents the A,dvances made by the District to Local Improvement District No.3 to and including November 30, 1949 for which the District will be reimbursed upon the payment of the final amount of incidental expenses for this local district; and further that the additional charges for incidental expenses advanced for Local Improvement District No.3 be charged to the Special Expense Fund. The motion lacked a second. It was moved by Member Smitten, seconded by Member Cornwall that the ma!ter be laid on the table indefinitely. Carried by the follow- ing vote: AYES: NOES: ABSENT Members Johnson, Smitten, Cornwall and Wadsworth Members - None Members - None. Member Toland passed the vote. PAYMENT OF BILLS . It was moved by Member Toland, seconded by Member ,Cornwall, that bills as approved by the Manager and audited by the Auditing Committee be paid: Ayes: Members Toland, Cornwall and Wadsworth. Absent: Members Johnson and Smitten. VOUCHER NAME AMOUNT 2253 Underground Constr. Co. Deposit refund $ 45.00 2254 Johnson & Larson Fee refund 3.00 2255 "I. K. Grove Deposit refund 15.00 2256 Conduit Canst. Co. " 15.00 2257 Marchant & Lawrie II 15.00 2258 w. D. talilson " 15.00 2259 Fred Rued II 15.00 22'60 J. F. Cowling II 15.00 2261 J.ohn S. Urmson , II 15.00 2262 J. I. Gallagher " 130.13 2263 Butterfield Bros. II 60.00 2264 o. E. Southwick II 114.96 The payment of bills to Mr. Clyde C. Kennedy were made by vouchers 2265 to ,'?,r1,..ø" /'""'.,. Co '80. 2276 inclusive. ADJOURNMENT President Wadsworth adjourned the meeting to January 5, 1950 at 8:00 o'clock p.m. /~' Secretar of the~Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. d- ,¡:t.......- ,,~ Presiaent of the District Board of Central Contra Costa Sanitary District of Contra Costa. County, State of California. 12 22 49