HomeMy WebLinkAboutBOARD MINUTES 02-23-50
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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
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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: '
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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,
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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
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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.
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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
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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
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