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HomeMy WebLinkAboutBOARD MINUTES 02-23-50 211 MINUTES OF AN ADJOURNED MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD FEBRUARY Z3. 1950 The District Board of Central Contra Costa Sanitary District con- vened in adjourned session at its regular place of meeting located at 1822 Mt. 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. The meeting was called to order by President Wadsworth and the following roll was called: PRESENT: . Members Smitten, Toland, Cornwall and Wadsworth ABSENT: Member Johnson. READING OF MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting were read and were approved as entered. ANNEXATION OF FORMER ROCHE PROPERTY Member Cornwall, seconded by Member Toland, moved the adoption of Resolution No. 538: RESOLUTION NO. 8 RESOLUTION AND ORDER DESCRIBING THE EXTERIOR BOUNDARIES OF THE TERRITORY COM¥!ONLY KNOWN AS "GANNON, HERATY, McGAH AND GOFORTH PROPERTY" PROPOSED TO BE ANNEXED TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT WITHOUT AN .ELECTION WHEREAS a Petition, signed by the owners of real property in the territory commonly known as "Gannon, Heraty, McGah and Goforth Prop- erty" proposed to be annexed to Central Contra Costa Sanitary District, which real property represents Seventy-five per cent (75%) of the total assessed valuation of said territory as shown by the last equal- ized assessment roll of the County of Contra Costa, was presented to this District Board on the 16th day of February, 1950, at the hour of 8:00 o'clock p.m. of said day, at the regular place of meeting of said Distriot 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 Distriot without an election under the provisions of Article 3, Part 1 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 of hearing of said Petition to be presented to this District Board, was filed at said time and place, and WHEREAS said Petition designates specifically the boundaries of the ter.ri tory proposed to be annexed a.nd its assessed valuation as shown by the last equalized assessment roll of the County of Contra Costa and shows the amount of real property owned by each of the petitioners and its assessed valUation as shown by the last equalized assessment roll of said county, and WHEREAS said Petition states that the territory is not in any other Sanitary District and that said territory is in the same county as said Central Contra CostaSanitary District, is contiguous thereto, and is not within the limits of any other Sanitary District; and requests that the territory so described be annexed to this District, and 02 23 50 212 WHEREAS the Petition is verified by the Affidavit of one of the Petttioners, and WHEREAS no written protests against the annexation of said territory to said Sa,nitary District have been filed with this District Board, and WHEREAS at said hearing no oral protests were made to this District Board against the annexation of said territory to said Sanitary District, and ~mEREAS, at the time and place fixed in said Notice for said hearing, this District Board proceeded to hear said Petition and all persons therein who appeared, and said hearing was completed at said time and place, and WHEREAS, said Petition and said Affidavit show, and after a full hearing, examination, and investigation, this District,Board has found and does hereby find and declare that said Petition is 'duly verified by the Affidavit of one of the Petitioners; that said Petition was duly published for at least two (2) weeks preceding its hearing by this District Board, together with Notice ,that said Pet- ition be presented to this District Board on Thursday, the 16th day of February, 1950, at the hour of 8:00 o'clock p,m. of said day, in the meeting room of said District Board located as hereinbefore described, and that at said time and place all persons interested therein might appear and be heard, on January 26, 1940, and on Jan- uary 30,1950, in the Courier-Journal, a newspaper of general circul- ation, published in said District; that the Affidavit of such pub- lication has been presented to and is on file with this District Boe.rd; and WHEREAS the petitioners have paid to Central Contra Costa San- itary District the sum of Fifteen Thousand Five Hundred Dollars ($15,500.00), estimated to be the total taxes which the territory proposed to be annexed would have paid had said territory been a part of this Sanitary District from the date of the original forma- tion thereof and for those fiscal years in which taxes were levied and collected uponproperty within the original Sanitary District, together with the expenses of the District incurred in the instant , proceedings. That said petitioners are the owners of land constituting Seventy- Five per cent (75%) of the total assessed valuation of 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; that all acts and conditions and things required by law to be done precedent to the hearing of said Petition by this District Board have been done and þave been performed in regular and due form in strict compliance with provisions of the law authorizing the presentation of this Petition. Nm'l, 'THEREFORE, BE IT RESOLVED AND ORDERED: (1) That upon the final hearing of said Petition and after a full hearing, investigation, and examination, this District Board . does hereby find and determine that the annexation of the territory therein and hereafter described is for the best interests of the District and said contiguous territory. (2) That upon such final hearing, this District Board does hereby find and determine that all of the territory described in said Petition will, in the judgment of this Distriot Board, be benefited by annexation to said Sanitary District. (3) That the exterior boundaries of the territory so proposed to be annexed to Central Contra Costa Sanitary District and specif- ically deßcribed in said Petition are hereby fixed and described as follows: ' 02 23 50' 213 That parcel of land situated in the County of Contra Costa, State of California, described as follows: Beginning at the southwest corner of that certain 4.787 acre pArcel of land described in the deed therefor to William T. Dresser and of record in Volume 774 of Official Records at Page 457, said corner being a point on the now existing bound- ary of Central Contra Costa Sanitery District, and running thence northerly along the western boundary of said parcel 499.40 feet more or less to the northwest corner thereof, which corner is on the center line of Grayson Creek; then along said center line the several courses and distances as follows: South 530 east 75 feet, south 230 east 35 feet, south 670 5~" .east 45.04 feet, south 190 east 55 feet, north 750 east 85 f~et, south 310 east 68 feet, south 700 35' 30" east 35.57 feet, north 720 east 35 feet, south 770 east 43 feet, south 16° east 68 feet, south 810 east 25 feet, north 360 '+7' 4511 east 108.28 feet, south 17° east 60 feet, and north 700 east 90 feet to ,the northeast corner of said parcel; thence continuing along said center line of Grayson Creek the several courses and distances as follows: north 650 l5' 56" east 15 feet more or less, north 170 58' 10" east 38.90 feet, north 620 241 lO" east 49.65 feet, south 500 001 47" east 40.46 feet, south 70 45155" east 22.20 feet, north 850 21' 52" east 37.12 feet, riorth 540 361 19" east 46.62 feet, north 840 31' 22" east 73.33 feet, and north 100 471 58" east 55.94 feet; thence leaving said center line north 450 16133" west 127 feet to an iron pipe; thence north 450 16' 33" west 508.20 feet to an iron pipe; thence north 70 03' 27" east 979.95 feet to an iron pipej thence north 890 22112" east l565.55 feet to a point in the center line of Walnut Creek said point being on the eastern boundary of the 160 acre parcel of land described in the deed therefor to David Roche and of record in Volume 325 of Deeds at page 471 and a point on the existing boundary of said Sani taryDistrictj ,thence along said exist ing boundary southerly and westerly to the .point of beginning. All of the hereinbefore references to deeds are to the official records of Contra Costa County, California. (4) That the President and Secretary of this District Board be and they are hereby authorized and directed to execute on the behalf of this District Board a Petition to the Board of Supervisors of the County of Contra Costa setting forth the proceedings heretofore taken for the annexation of the above-described territory, the finding of this Board, and requesting the Board of Supervisors to annex the territory to the District. PASSED AND ADOPTED by the Distrièt Board of Central Contra Costa Sanitary Distriòt of Contra Costa County, State of California, this 23rd day of February, 1950, by the following called vote: AYES: NOES: ABSENT: Memb~rs Smitten, Toland, Cornwall and Wadsworth Membe rs - None Member Johnson /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President ANNEXATION OF THE "HOOK" PROPERTY Member Smitten, seconded by Member Cornwail, moved the adoption of Resolution No. 539: RESOLUTION NO. 539 . It is hereby resolved by the District Board of the Central Contra Costa Sanitary District that, ;., .' 02 23 50 214 WHEREAS, a petition for annexation of a territory contiguous to the district has been presented to the Board and WHEREAS, said property, known as the "Hookll property, has, in effect in said petition, been described as . Beginning at a point on the existing boundaries of the Central Contra Costa Sanitary District at the southwest corner of that certain 74.69 acre parcel of land described in deed therefor of record, recorded December 20, 1949, (Reoorder's file No. 47225), said corner being at the east side of State Highway #21 at the North line of Hookston Road, running thence easterly, northerly, easterly, northerly, easterly, northerly and w~terlY along the southern, eastern, southérn, eastern, southern, ~ste.rn and northern boundaries of said 74.69 acre parcel to e intersec- tion thereof with the existing boundaries of said nitary District on the East line of said Staye Highway #21; thence southerly along said existing boundary of said Sanitary Distriot to the point of beginning. All reference herein to official records are to the records of the Recorder of the County of Contra Costa, State of California, and WHEREAS, said .property proposed to be annexed should properly describe said property as B.eg1nning at a point on the exist ing boundaries of the Central Contra Costa Sanitary District at the southwest corner of that certain 74.69 acre parcel of land described in deed therefor of record, recorded December 20, 1949 (Recorder's. file No.' 47225), said corner being at the east side of State Highway #21 at the North line of Hookston Road, running thence easterly, northerly, easterly, northerly, easterly, northerly and westerly along the southern, eastern, southern, eastern, .s outhern, eastern' and northern boundaries of said 74.69 acre parcel and the westerly extension of said northern boundary to the intersection thereof with the existing boundp..ries of said Sanitary District on the East line of said ,State ,Highway #21; thence southerly along said existing boundary of said Sanitary District to the point of beginning. All reference herein to official records are to the records of the Recorder of the County of Contra CostR, State of California, and . WHEREAS, this Board desires to annex the territory as properly described: THEREFORE BE IT RESOLVED: That the Distriot Board of the Central Contra Costa Sanitary District approve the annexation as corrected, tha t the District accept from the petitioners therefor the sum of $18,672.50 as and for the costs iroident to such annexation and that the petition for such annexation be corrected and published in its description as last above set forth. PASSED AND ADOPTED by the Distridt Board of Central Contra Costa Sanitary District of Contra Costa County, State of California, this 23rd day of February, 1950, by the following called vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None' Member Johnso n Isl H. M. Smitten, Secretary Isl R. E. Wadsworth, President 02 23 I 50 215 AUTHORIZING CHANGES IN DIAGRAM FOR LOCAL IMPROVEMENT DISTRICT NO.3 Member Smitten, seconded by Member Cornwall, moved the adoption of Resolution No. 540: RESOLUTION NO. 540 WHEREAS it appears necessary that the following changes be made in the diagram of the property affected or benefited by the sewer construction work in Local Improvement District No.3, NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that the Dist- rict Engineer make the following changes in said diagram: (1) That the assessment lot on said diagram (Sheet No. 32) rep- resented therein as Assessment No. 3-32-27, shall be corrected 80 as to include a portion of Lot 36 in Lafayette Oaks, and the assessment .lot represented therein as Assessment No. 3-32-28, shall be corrected so as to include a portion of Lot 36 and a portion of Lot 37 in Laf- ayette Oaks. (2) That the assessment lots on said diagram (Sheet No. 52) represented therein by Assessment numbers 3-52-38 to 3-52-51, both inclusive, purporting to represent a subdivision of 14 lots, a sub- division map of which has not been recorded, shall be corrected so as to show a single assessment lot represented by Assessment No. 3-52-38, and to make the remaining assessment lots consecutive in numbering therefrom, assessment lots formerly represented by Assessment numbers 3-52-52 to 3-52-60, both inclusive, shall be corrected and be shown therein as assessment lots represented by Assessment numbers 3-52-39 ~o 3-52-47, both inclusive. BE IT FURTHER RESOLVED AND ORDERED thB.t said diagram as so cha.nged and corrected be and it is hereby approved and the Secretary of this Board is hereby directed t6 certify the fact and date hereof and so notify said District Engineer. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary Distric.t of Contra Costa. County, State of Ce.lifornie" this 23d day of February, 1950, by the following called vote: AYES: NOES:. ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - lIone Member Johnson Isl R. E. WADSWORTH, President /s/ H. M. SMITTEN, Secretary CONTINUED HEARING FOR LOCAL IMPROVEMENT DISTRICT .NO. 10 Letters of protest against the amount of assessment in Local Improvement District No. 10 were received and considered, from the following persons: Robert F, and Dorothy A. Downey; J. B. Cunningham; Paul S. Booth; Alex M. McLain; H. E. Goranson; Elbert A. Dawson; David R. and Eileen C. Lee; Daisy H. Kreiss; Dan Lucas; Ernest C. Drews; George H. Clifford; .Lloyd Root, Jr.; Lindsey H. Spight; J. V. Gooch; Chas. E. Werner..aild: Lucille M. Ritzmann; Ewert J. Phair; S. G. stewart; . Margaret H. Winters; Neil R. Porter; Helen L. Craft; George Vurek; T, H. Courtright; J.~J. Kreig; W. H. Thurston; Perry M. Joyce; in addition the following oral protests were heard: J. Hough; E. R. Dempster; A. Terkel; Mrs. T. Friedman; M. Inglis; Mrs. Mehner; R, M. McFarland; M. o. Gentry; V. W. Colburn; H. Oakley; Mr. Soule for A. McGregor; C. Easterbrook; J. G. Hupp; Gladys T. Snook. Expl8.nations. of the method of assessment and the reasons were given by the Engineer. 02 23 50 216 Member Cornwall, seconded by Member Toland, moved the adoption of Resolution No. 541: RESOLUTION NO. 541 CONFIRMING PROCEEDINGS AND ASSESSMENT LOCAL IMPROVEMENT DISTRICT NO. 10 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 Deoember 28th, 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. 424, . adopted by the District Board of said Sanitary District on March 3, 1949, and in that portion of said District described therein as Local Improvement Distriot No. 10, to wh1,ch Resolution of ,Intention reference is hereby made'for a description of said work and improve- ment 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 Thursda~, the 26th day of Je.nuary, .1950, 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 had, received evidence, oral and documentary 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; WHEREAS said District Board has examined said diagram and assess- ment and has directed its District Engineer to change said diagram in the following manner: . (I) That the Assessment lots on said diagram represented there- in and on said Assessment as No. 10-9-8, being all of Lot 8 and portions of Lots 9, 10, and 14 in Block B of Orinda Park Terrace be corrected so as to show two (2) assessment lots, one thereof being all of Lot 8 and portion of Lot 14 represented by Assessment No. 10- 9-20, and the other Assessment Lot being a portion of Lot 9 and a portion of Lot 10 represented by Assessment No. 10-9-8; (2) That the Asse~sment Lot on said diagram represented therein and on said Assessment as No. 10-14-1, being all of Lot II in Block D of Orinda Park Terrace, be corrected so as to show said Assessment Lot as including all of said Lot 11 and portion of Lot 10 in Block D of said.Orinda Park Terrace; (3) That the Assessment Lot on said diagram represented therein and on said Assessment as No. 10-13~13, being all of Lot 10 in Block D of Orinda Park Terrace, be corrected so as to show said Assessment Lot as covering only a portion of Lot 10 in Block D of said Orinda Park Terrace; And the District Engineer has been directed to reapportion the Assessments on the lots sbownon said diagram as so corrected; and WHEREAS said District Engineer has so corrected said diagram; and WHEREAS said District Board has examined .said assessment and directed its Distriot Engineer to modify and reapportion the assess- ments as to all lots shown on said diagram as so corrected; NOW, THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED by said District Board that all acts and determinations of said District 02 23 50 I; I 217 Board that all acts and determinations of said District Engineer' relative to said work done pursuant to said Resolution of Intention be and the same are hereby approved, ratified and confirmed, and said District Board does hereby approve, ratify and confirm said diagram as so' changed and corrected and said assessment as so modified, changed and corrected. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California, this 23rd day of February, 1950, by the following called vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None Member Johnson /s/ R. E. Wadsworth, President /s/ H. M. Smitten, Secretary ADJOURNMENT President Wa.dsworth adjourned the meeting to March 2, 1950 at 8:00 o'clock p.m. /-ón9~- =: Secretary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of' Ce.lifornia 4",:1," 4~ .r-;,é':~'~, " .,' -\ Preslde~t of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 02 23 5'0