HomeMy WebLinkAboutAGENDA BACKUP 05-01-97
{;entral Contra Costa Sanitary District
BOARD OF DIRECTORS
:iiiiillllill!::':illllli'!'iiii!i!ii BOARD MErn~:~ 1, 1997
~
DATE
TYPE OF ACTION
ACCEPT GRANTS OF EASEMENT
CONSENT CALENDAR a.
April 28, 1997
SUBJ ECT
NO.
4.
Page 1 of 13
ACCEPT GRANTS OF EASEMENTS FROM TWELVE PROPERTY OWNERS FOR THE SOUTH ORINDA
SEWER IMPROVEMENTS PROJECT, D.P. 4928
SUBMITTED BY
Ricardo Hernandez, Engineering Assistant
INITIATING DEPTiOlV
Engineering/Infrastructure
ISSUE: Board approval is required for the District to accept Grants of Easements.
BACKGROUND: The subject Grants of Easements are for easements acquired from private property owners
for the construction of the South Grinda Sewer Improvements Project. Agreements have been reached with
these owners and negotiations are continuing for other easements. Attached are maps depicting the subject
easements.
Appraisals were prepared by a licensed real estate appraiser hired by the District to determine the value of
the proposed easements. Based on comparable sales of similar land and the impact of the proposed
easements on the value of the existing lands, the just compensation amounts for the permanent sanitary
sewer easements and temporary construction easements have been paid to the following owners:
Eric and Ann L. Ward
Richard F. and Joanne Lande
Martin and Mary A. Heller
Hiro and Elaine R. Sugimura
Elsie E. Houston Smith Trust
Nemon Family Trust
Lewis Family Irrevocable Living Trust
Newman Buckley, et al
93 Moraga Way Investors, L TO II
Joseph A. Demaria 1991 Trust
Horst Rademacher and Margaret Hellweg
William P. and Mardis J. Preciado
4 Overhill Road
110 Moraga Way
2 Monte Veda Drive
216 Moraga Way
28 Southwood Drive
12 Tara Road
24 Southwood Drive
44 Moraga Way
93 Moraga Way
16 Southwood Drive
12 Southwood Drive
36 Southwood Drive
$500
$11,808
$2,470
$500
$3,500
$10,750
$6,400
$3,577.60
$15,000
$5,625
$4,700
$2,300
Funds for the purchase of the easements are included in the authorized budget for the South Orinda Sewer
Improvements Project, D.P. 4928. A Notice of Exemption from the California Environmental Quality Act
(CEOA) was filed with the Contra Costa County Clerk on November 8, 1996.
RECOMMENDATION: Accept Grants of Easements from Eric and Ann L. Ward; Richard F. and Joanne
Lande; Martin and Mary A. Heller; Hiro and Elaine R. Sugimura; the Nemon Family Trust; the Elsie Elaine
Houston Smith Trust, the Lewis Family Irrevocable Living Trust; Newman Buckley, et al; 93 Moraga Way
Investors, L m II; Joseph A. Demaria 1991 Trust; Horst Rademacher and Margaret Hellweg; William P. and
Mardis J. Preciado; and authorize staff to record said Grants of Easements with the Contra Costa County
Recorder.
INITIATING DEPARTMENTiOlVISlON
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
:::::..lnM:I':'.R:I:::::~.::ii:::iie:.::::::::::~:~: BOARD MEETM OF 99
:~:~:It::.B!:::!::::::::.!I:~::::Ii.,*~:!i!l::::r:I ay 1, 1 7
Page 1 of 3
NO.
4.
CONSENT CALENDAR b.
April 25, 1997
TYPE OF ACTION
ACCEPT ANNEXATION FOR PROCESSING
DATE
SUBJECT
AUTHORIZATION FOR P.A. 97-4 (ALAMO) AND P.A. 97-5 (DANVILLE) TO BE INCLUDED IN A FUTURE
FORMAL ANNEXATION TO THE DISTRICT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPTIDIV
Engineering Department/Infrastructure Division
Parcel Area Owner/Address Remarks Lead Agency
No. Parcel No. & Acreage
97-4 Alamo Alamo Orchards, LLC Parcels will be Contra Costa
(77E3) 2723 Crow Canyon Road, Suite 100A developed as County
San Ramon, CA 94583 Subdivision 8051
192-071-004, -009,-011,-014, and containing 16 lots.
-037 (4.0 Ac.) Negative Declaration
prepared by Contra
Costa County.
97-5 Danville Michael and Phyllis Park Existing house with a CCCSD
(78A6) 148 Leona Court failing septic system;
Alamo, CA 94506 must connect to the
201-010-017 (0.53 Ac.) public sewer system.
Project is exempt from
CECA.
RECOMMENDATION: Authorize P.A. 97-4 and 97-5 to be included in a future formal annexation.
,;yW
;/1Jf
ir;lt$
REVIEWED AND RECOMMENDED FOR EKJARD AC710N
INITIATING DEPARTMENTIDIVlSlON
DH
JSM
RAB
H:\PP\ANNX97-4.DH
8/6/96
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PROPOSED ANNEXATION
P.A.97-4
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PROPOSED ANNEXATION
P.A. 97-5
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
iiiii:iiiiillillla:.lliiiii:l1l1.illill:l:l 111111 11111111 :11
Page 1 of 1
April 28, 1997
NO.
4.
CONSENT CALENDAR c.
DATE
TYPE OF ACTION
ESTABLISH HEARING DATE
SUBJECT
ESTABLISH MAY 15,1997, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON THE
DRAFT FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT BUDGET AND 1997 CAPITAL
IMPROVEMENT PLAN
SUBMITTED BY
John J. Mercurio, Admin. Analyst
INITIATING DEPTtOlV
Engineering/Planning
ISSUE: The District's draft Fiscal Year 1997-98 Capital Improvement Budget/1997 Ten-Year Capital
Improvement Plan (CIB/CIP) has been prepared by staff and reviewed by the Board. A date for public
hearing to receive comments on the document should be established.
BACKGROUND: The Fiscal Year 1997-98 Capital Improvement Budget will establish near-term
project priorities and authorize budgets for the Treatment Plant, Collection System, General
Improvements, and Recycled Water Programs. Detailed information for projects that are anticipated to
be active in Fiscal Year 1997-98 is presented in the Capital Improvement Budget document. The 1997
Ten-Year Capital Improvement Plan will provide the basis for policy decisions concerning the District's
Capital Improvement Program and management of the Sewer Construction Fund. The Capital
Improvement Plan also serves as the framework for fee analysis.
On April 14, 1997, a Capital Projects Committee meeting/Board workshop was held to review the
draft Capital Improvement Budget/Capital Improvement Plan.
It is appropriate to receive comments in a formal public hearing prior to consideration of the Capital
Improvement Budget/Capital Improvement Plan for approval. The annual budget calendar anticipated
holding this hearing on May 15, 1997.
RECOMMENDATION: Establish May 15, 1997, as the date for a public hearing to receive comments
on the draft CIB/CIP.
DJC
REVEWED AND RECOMMENDED FOR BOARD ACTKJN
JJM
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RAB
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
.11..111111111111:111111:1:1.111.111 BOARD MEETM:~ 1, 1997
Page 1 of 41
NO.
6.
HEARINGS a.
DATE
TYPE OF ACTION
April 25, 1997
CONDUCT HEARING; AUTHORIZE RESOLUTION;
RESCIND RESOLUTION
SUBJ ECT
HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING
EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH
ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928. RESCIND THE PREVIOUS RESOLUTION
DEALING WITH THE EMINENT DOMAIN ACTION ADOPTED FEBRUARY 20, 1997.
SUBMITTED BY
Tad J. Pilecki, Senior Engineer
INITIATING DEPT!t>IV
Engineering Department/Infrastructure Division
ISSUE: The District may exercise the power of eminent domain to acquire public easements only if the
District Board of Directors adopts a Resolution of Necessity that meets the requirements of the California
Eminent Domain Law. In deciding whether or not to adopt such a Resolution, the District must first hold
a hearing to allow affected owners to appear and be heard. Only the Board can rescind a Resolution
previously adopted.
BACKGROUND: The 1986 Collection System Master Plan identified numerous sewers with inadequate wet
weather hydraulic capacity in the Orinda area. Wet weather overflows occur frequently along the Moraga
Way trunk sewer during the rainy season. Four wet weather overflows occurred in the Orinda area during
the recent heavy rains. Overflows are of particular concern since the watershed drains into San Pablo
Reservoir, a drinking water supply for East Bay Municipal Utility District. Some Orinda sewers also
experience periodic dry weather overflows due to root and grease blockages and structural deficiencies (off-
set joints, damaged pipe, etc.). A number of these dry weather overflows have occurred in the Overhill
Creek area. The majority of the collection system is over forty years old and requires extensive maintenance
to keep it functioning. The South Orinda Sewer Improvements Project will address many of these problems
and has been the subject of several recent Board reports and decisions.
In evaluating how to address the overflow problems in Moraga Way, staff concluded that the geographic
limitations precluded a new alignment that could be constructed utilizing open cut construction without
seriously impacting traffic in Moraga Way. Further evaluation showed that even a microtunneling operation
(the alternative to open cut) could not be utilized within the Moraga Way right-of-way without seriously
impacting traffic. After careful evaluation, staff determined that a microtunneling operation with
bore/receiving pits located on private property could be utilized to minimize traffic impacts. Staff evaluated
feasible locations for bore/receiving pit sites based on required staging areas, proximity of improvements and
San Pablo Creek, major trees, feasible push lengths, overall cost effectiveness, and the desire to keep the
alignment accessible from above if the tunneling equipment should get stuck. These requirements resulted
RAB
RECOItlWtENDED FOR BOARD ACT10N
f!f\~
ID-GL\C:\INFRA \PP\4928HEA2. T JP
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April 25, 1997
I
Page 2 of 41
SUBJECT
HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING
EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH
ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928. RESCIND THE PREVIOUS RESOLUTION DEALING
WITH THE EMINENT DOMAIN ACTION ADOPTED FEBRUARY 20, 1997.
in only one combination of bore/receiving pits that would work. This alternative, although more expensive,
will result in significantly less impact on Moraga Way than other alternatives. It will, however, result in
protracted construction impacts on the properties where bore/receiving pits are located.
District staff has completed the design for Phase 1 of the South Orinda area which includes 8,000 linear feet
of microtunneling in Moraga Way. To reduce the traffic impacts on Moraga Way, the pits for the
microtunneling operations have been located on private property. The selected alignment resulted in the need
for permanent and temporary easements across 34 properties. District staff has been negotiating for these
easements. Staff has been unable to obtain property rights from owners of three properties. These are
Kent E. and Barbara J. Hagen; John and Mary McDonnel Trust; and Betty N. Yee, Trustee.
Another area included in the South Orinda Project is Overhill Creek. The sewer serving the Overhill Creek area
has experienced numerous dry weather overflows due to root and grease blockages. Since the sewer is
located in a steep hillside area, access for maintenance and repair has been difficult. In addition, heavy
stormwater runoff has severely undermined the sewer in one location. District staff has evaluated numerous
alignment alternatives for relocating/rehabilitating the existing line. Relocating the downstream portion of the
line and replacing the upstream portion of the line in the same location is the only viable alternative given the
significant topographic constraints. District staff has been negotiating with the owners of 14 properties for
easement rights. Staff has been unable to obtain property rights from owners of three properties. These are
Jerry K. and Julie A. Johnson; Stephen E. and Mary K. Harriman; and the Greene Family Trust.
Each of these property owners has received an offer of just compensation based on an appraisal prepared by
a licensed real estate appraiser. District staff and Associated Right of Way Services, Inc. have continued
negotiating and will continue to negotiate with these property owners in the hope of reaching an agreement.
It is now appropriate to proceed with the adoption of a Resolution of Necessity to obtain needed property
rights to provide for a timely start of construction of the project. In making its decision whether or not to
adopt a Resolution of Necessity, the District Board is required to first conduct a hearing giving each person,
whose property the District proposes to acquire by eminent domain, reasonable opportunity to appear and
be heard. On April 15, 1997, there was mailed to the addresses appearing on the last equalized County
Assessment Roll a Notice of Public Hearing notifying all persons whose names appear on said County
Assessment Roll as having an interest in the property described in Attachment "A" of the proposed Resolution
of Necessity of said hearing. Said Notice of Hearing advised said persons of their rights to be heard on the
matters referred to in said Notice on the date and at the time and place stated therein.
The project is scheduled to be advertised April 28, 1997, with the award of contract tentatively set for
June 5, 1997. The goal is to have the property rights secured through the eminent domain process before
the contract is awarded. If the Board adopts a Resolution of Necessity and authorizes the filing of
condemnation complaints and the deposit of probable amounts of compensation, the District may apply to
ID-Gl \C:\INFRA \PP\4928HEA 2. T JP
.------.--....-.......... '-.-.-'..--.'-'..-"'-'.'-'1-
.Jilillil.IIIIIIIII:I..llllliJlil...lllwl.'i'.'.ii..i.1.111.111 DATE April 25, 1997
I
Page 3 of 41
SUBJECT
HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING
EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH
ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928. RESCIND THE PREVIOUS RESOLUTION DEALING
WITH THE EMINENT DOMAIN ACTION ADOPTED FEBRUARY 20, 1997.
the Court for Orders For Immediate Possession. (Staff would ask for a 30 day order of possession.) Even
if the Court were to grant such an order, it is possible, depending upon Court rulings, that it might take ninety
days or more after the issuance of the order for the District to obtain possession. Given these time
restrictions it is advisable that the Board take action regarding the Resolution of Necessity at this time.
On February 20, 1997 the Board previously adopted a Resolution of Necessity dealing with the four properties
along Moraga Way. Due to objections raised in regard to the legal description of interests being acquired,
staff is recommending that the Board adopt the new resolution. Once the new resolution is adopted, the old
resolution will need to be rescinded.
Specific details of the eminent domain issues will be provided to the Board in closed session. Staff will
provide a brief presentation to the Board on the route selection and eminent domain issues in open session.
On November 7, 1996, the District Board of Directors determined that this project was exempt from the
California Environmental Quality Act (CEQA). A Notice of Exemption was filed with the Contra Costa County
Clerk on November 8, 1996.
RECOMMENDATION: Conduct a hearing to receive input from property owners on the following issues:
1 . Whether the public interest and necessity require the project;
2. Whether the project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury; and
3. Whether the property rights sought to be acquired are necessary for the project.
4. Whether the offers pursuant to Government Code Section 7267.2 have been made to owners of record
of the subject property.
After the conclusion of the hearing, adopt the attached Resolution of Necessity to acquire permanent and
temporary easements by eminent domain for the South Orinda Sewer Improvements Project, District
Project 4928. The resolution will also authorize the filing of eminent domain actions, the deposit of amounts
of probable compensation, and the application for Orders For Immediate Possession. After adoption of the
new resolution, rescind the resolution adopted February 20, 1997, dealing with the South Orinda eminent
domain action.
ID-GL\C:\INFRA \PP\4928HEA2. T JP
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RESOWll0N NO.
A RESOLUTION OF NECESSITY FOR THE ACQUISI110N
OF PUBUC EASEMENTS FOR SEV\IER PURPOSES
AND AUnfORIZING EMINENT DOMAIN PROCEEDINGS
WHEREAS, Pursuant to the State of California Health and Safety Code Sections 6514 and 6512,
the Central Contra Costa Sanitary District is empowered to acquire by condemnation proceedings sewer
line easements for public use, to wit, for purposes related to wastewater collection and transport, and the
District intends to construct, own, and operate sewers as part of its South Orinda Sewer Improvements,
D.P. 4928; and
WHEREAS, the Central Contra Costa Sanitary District has identified the need to acquire
permanent and temporary public sewer line easements more particularly desaibed in Attachment "A, II
attached hereto for said purposes, and said easements are located within an incorporated area of Orinda,
Contra Costa County, State of California; and
WHEREAS, on April 15, 1997, the District gave mailed notice as required by law of the hearing
on this Resolution to the following property owners: Kent E. and Barbara J. Hagen; John and Mary
McDonnel Trust; Betty N. Yee, Trustee; Jerry K and Julie A Johnson; Stephen E. and Mary K
Harriman; and the Greene Family Trus~ and
WHEREAS, the hearing set out in said Notice of Hearing was held on May 1, 1997, at the time
and place stated therein; and all interested parties VJere given an opportunity to be heard; and, thereupon,
the hearing was dosed.
WHEREAS, a timely, written request to appear and be heard was received from certain property
owners; and
WHEREAS, all oral and documentary evidence has been duly considered.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, does
FIND, DETERMINE, AND RESOLVE as follows:
1. The public interest and necessity require the proposed project for which said public
sewer easements are to be acquired.
2. The subject project is planned and located in the manner which will be most compatible
with the greatest public good and the least private injury;
3. Said public sewer easements are necessary for the proposed project; and
4. The offers pursuant to Government Code Section 7267.2 have been made to the
owners of record of the subject property.
BE IT FURTHER RESOLVED THAT:
The Counsel for Central Contra Costa Sanitary District, Kenton L. Aim, is hereby authorized and
empowered:
To acquire in the District's name, the above referenced public sewer line easements by
condemnation;
ID-GL\C:\INFRA \PP\4926HEA2. T JP
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To prepare and prosea.rte in the District's name, such proceedings in the proper court as are
necessary or appropriate for such acquisition; and
To deposit the probable amount of compensation, based on an appraisal, and to apply to the
appropriate court for orders pennitting the District to take immediate possession of and use said sewer
line easements for said public uses and purposes.
PASSED AND ADOPTED this 1st day of May, 1997, by the District Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members
NOES:
Members
ABSENT:
Members
Mario M. Menesini
President of the District Board of the Central Contra
Costa Sanitary District, County of Contra Costa, State of
California
COUNTERSIGNED:
Joyce E. Murphy
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Approved as to fonn:
Kenton L. AIm
District Counsel
ID-GL\C:\INFRA \PP\4928HEA2. T JP
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ATTACHMENT "A"
LEGAL DESCRIPTIONS FOR PERMANENT AND TEMPORARY CONSTRUCTION
EASEMENTS
Kent E. and Barbara J. Hagen
John and Mary McDonnel Trust
Betty N. Yee, Trustee
Jerry K. and Julie A. Johnson
Stephen E. and Mary K. Harriman
Greene Family Trust
4/28197
_._--.......,~._._,.. _'_'-.._"~~~--'-"._._-,--~_.+-._.....__..,~.__.~_._.__.-----'--..~---_..__._-~--,_._,--."._..~~_.__._._-,._.-..__.~_._,..,._--,~--"_..,-~._._-,."--~._--~..,--,~-
TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California
described as follows:
Portion of Lot 121 as said lot is shown upon the map entitled "Moraga Estates" filed
on November 2, 1936 in Book 22 of Maps at page 627, Contra Costa County Records,
being also a portion of the parcel of land described in the deed to Kent E. Hagen and
Barbara J. Hagen recorded on August 4, 1987 in Book 13816 of Official Records of
said county at page 516, described as follows:
The northwesterly 50 feet of the southeasterly 136 feet, measured along the
southwesterly line of abovesaid Lot 121, of the southwesterly 21 feet of said Lot 121.
THE ABOVE-DESCRIBED TEMPORARY CONSTRUCTION EASEMENT(S) SHALL EXPIRE ON MAY 31, 1998.
\/--"-() l~
APN 269 - 032 - 009
OP 4928 PCl 15 TeE
Hagen
A:\PEO\4928-15.tce
Page 1 of 2
February 7. 1997
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"'~O~ EASEMENT
ARY DISTRICT
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269-032-009
KENT &
BARBARA HAGEN
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PROJECT:
SOUTH ORINDA SEWER IMPROVEMENT
ESMT AREA: CONSTR AREA:
1050 SQ. FT. +j-
DATE:
2-7-97
CO. ASSMT. NO.:
269-032-009
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JOB NO.:
4928
PARCEL NO.:
15
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Paqe 2 of 2
(Par APN 273-140-011)
EXHIBIT "A"
All that real property situated in the City of Orinda, County of Contra Costa, State
of California, described as follows:
Portion of Lots 117, 118, 119 and 120, as said lots are shown on the "Map of
Sectionization of a part of Rancho Laguna De Los Palos Colorados", filed August
8,1916, Book 15 of Maps, page 308, Contra Costa County, California Records,
being a portion of the parcel of land described in the deed to John L. McDonnell,
et ai, Trustee of the John and Mary McDonnell Trust, recorded September 7,
1995, Series No. 95-149362, Official Records, described as follows:
All that portion of said McDonnell parcel (95-149362), lying within the fallowing
described. 19.65 foot strip of land, lying 10.00 feet northeasterly and 9.65 feet
southwesterly of the following described line:
Commencing at a point marked by a one and one-half inch iron pipe with
concrete plug and nail located in the centerline of Orchard Road at the centerline
of Brookside Road being at the southeasterly terminus of the course shown as
"North 46030' West, 512 feet", as shown on the map of "Moraga Estates", filed
November 2, 1936, Book 22 of Maps, page 627, from which point a one and one-
half inch iron pipe with concrete plug and nail located at the northwesterly
terminus of said course bears North 45026'04" West, 511.97 feet; thence from
said point of commencement South 13013'52" West, 659.56 feet to the point of
beginning; thence from said pOint.of beginning North 43036'26" West, 611.85 feet;
thence North 32055'10" West, 623.08 feet.
Bearings and distances shown herein are based on a Local Coordinate System.
Multiply distances shown herein by 1.0000870 to obtain ground distances.
3/7/97
9628-15.DOC
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JOB NO.:
4928
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DATE:
CO. ASSMT. NO.:
273-140-011
PARCEL NO,:
22
TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California
described as follows:
Portion of the parcel of land described in the deed to John L. McDonnell, et al ,Trustee
of the John and Mary McDonnell Trust, recorded on September 7, 1995 as Series No.
95-149362 Official Records of said county (95-149362) described as follows:
The southeasterly 50 feet of the northwesterly 84 feet, measured from the
northeasterly corner along the northeasterly line of above referenced McDonnell parcel
(95-149362), of the northeasterly 38.4 feet of said parcel.
EXCEPTING THEREFROM
That portion of the hereinabove referenced parcel of land (95-149362) described in
Exhibit "A" and delineated on Exhibit liB" attached hereto and made part hereof.
THE ABOVE-DESCRIBED TEMPORARY CONSTRUCTION EASEMENT(S) SHALL EXPIRE ON MAY 31, 1998.
~~
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APN 273 - 140 - 011
DP 4928 Pel 22 TeE
McDonnell
A:\PED\4928-22.tce
Page 1 of 4
February 13, 1997
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E 196 MORAGA WAY
PROJECT:
SOUTH OR1NDA SEWER IMPROVEMENT
ESMT AREA: CONSTR AREA:
3288 SQ. FT. 994 SQ. FT. +/-
DATE:
2-13-97
CO.ASSMT. NO.:
273-140-011
JOB NO.:
4928
PARCEL NO.:
22
PAGE 2 of 4
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(Par APN 273-140-011)
EXHIBIT "A"
All that real property situated in the City of Orinda, County of Contra Costa. State
of California. described as follows:
Portion of Lots 117, 118, 119 and 120. as said lots are shown on the "Map of
Sectionization of a part of Rancho Laguna De Los Palos Colorados". filed August
8, 1916~ Book 15 of Maps. page 308. Contra Costa County, California Records.
being a portion of the parcef of land described in the deed to John L. McDonnell.
et ai, Trustee of the John and Mary McDonnell Trust, recorded September 7,
1995, Series No. 95-149362, Official Records. described as follows:
All that portion of said McDonnell parcel (95-149362). lying within the following
described 19.65 foot strip of land, lying 10.00 feet northeasterly and 9.65 feet
southwesterly of the following described line:
Commencing at a point marked by a one and one-half inch iron pipe with
concrete plug and nail located in the centerline of Orchard Road at the centerline
of Brookside Road being at the southeasterly tenninus of the course shown as
"North 46-30' West, 512 (eet", as shown on the map of "Moraga Estates", filed
November 2. 1936. Book 22 of Maps, page 627. from which point a one and one-
half inch iron pipe with concrete plug and nail located at the northwesterly
tenninus of said course bears North 45~6'04" West, 511.97 feet; thence from
said point of commencement South 13013'52" West, 659.56 feet to the point of
beginning; thence from said point.of beginning North 43-36'26" West, 611.85 feet;
thence North 32055'10" West. 623.08 feet.
Bearings and distances shown herein are based on a Local Coordinate System.
Multiply distances shown herein by 1.0000870 to obtain ground distances.
3n /97
9628-15.DOC
PAGE 3 OF 4
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0iEa<ED BY:
ELG
MAR 07, 1997
THOMAS BRa.:
73A1
JOB No.:
4928
1"=40'
DAlE:
co. ASSMT. NO.:
273-140-011
PARCEl NO.:
22
PAGE 4 OF 4
.. .
(Por APN 272-050-030)
EXHIBIT "A"
All that real property situated in the City of Orinda, County of Contra Costa, State
of California, 'described as follows:
Portion of Lots 120, 121, 157 and 158 as said lots are shown on the "Map of
Sectionization of a part of Rancho Laguna De Los Palos Colorados", filed August
8, 1916, Book 15 of Maps, page 308, Contra Costa County, California Records,
being a portion of the parcel of land described as Parcel One, in the quitclaim
deed to Betty N. Yee, Trustee of the Betty N. Yee Revocable Trust, recorded
May 9, 1994, Series No. 94-127789, Official Records, described as follows:
All that portion of said Parcel One, Yee parcel (94-127789), lying northeasterly of
the south~esterly line of the following described 20 foot strip of land, the
centerline of said 20 foot strip of land being described as follows:
Commencing at a point marked by a standard street survey monument with disk
stamped LS 3094, located in the centerline of Casa Vieja Place at the centerline
of Casa Vieja being at the northwesterly terminus of the course shown as "South
56041'06" East, 290.00 feet", as shown on the map of Subdivision 3444, filed May
19, 1965, Book 104 of Maps, page 38, from which point a standard street survey
monument with disk stamped LS 3094, located at the southeasterly terminus of
said course bears South 56040'58" East, 290.15 feet; thence from said point of
commencement North 39043'45" West, 671.94 feet to the point of beginning;
thence from said point of beginning South 53019'43" East, 603.95 feet; thence
South 53019'43" East, 25.00 feet.
Bearings and distances shown herein are based on a Local Coordinate System.
Multiply distances shown herein by 1.0000870 to obtain ground distances.
3/18/97
9628-26. DOC
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JOB NO.:
4928
PARCEL NO.:
DATE:
MAR. 18, 1997
CO. ASSIAT. NO.:
272-050-030
1"=40'
35
.--....'...---..,---.
I
TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California
described as follows:
Portion of Parcel One as said parcel is described in the quitclaim deed to Betty N. Yee,
Trustee of the Betty N. Yee Revocable Trust, recorded on May 9, 1994-as Series
Number 94-127789 in the Official Records of said county,described as follows:
The northeasterly 35.9 feet of above referenced Parcel One, measured along the
southeasterly line from the most easterly corner thereof.
EXCEPTING THEREFROM
That portion of hereinabove referenced Parcel One (94-127789) described in Exhibit
"A" and delineated on Exhibit "B" attached hereto and made part hereof.
THE ABOVE-DESCRIBED TEMPORARY CONSTRUCTION EASEMENT(S) SHALL EXPIRE ON MAY 31,
1998.
APN 272 - 050 - 030
OP 4928 PCL 35 TCE
Betty N. Yea Revocable Trust
A:\PEO\4928-35.tca
Page 1 of 4
March 20, 1997
-"_."_._---"----~---,-_..,---...,._,.,~_._"_._~--_.,--""_."..~--_..._..-.._.._._--~.-
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(Por APN 272-050-030)
--
EXHIBIT "A"
All that real property situated in the City of Orinda, County of Contra Costa, State
of California, described as follows:
Portion of Lots 120, 121, 157 and 158 as said lots are shown on the "Map of
Sectionization of a part of Rancho Laguna De Los Palos Colorados", filed August
8, 1916, Book 15 of Maps, page 308, Contra Costa County, California Records,
being a portion of the parcel of land described as Parcel One, in the quitdaim
deed to Betty N. Yee, Trustee of the Betty N. Yee Revocable Trust, recorded
May 9,1994, Series No. 94-127789, Official Records, described as follows:
All-that portion of said Parcel One, Yee parcel (94-12n89), lying northeasterly of
the southwesterly line of the following described 20 foot strip of land, the
centerline of said 20 foot strip of land being described as follows:
Commencing at a point marked by a standard street survey monument with disk
stamped LS 3094, located in the centerline of Casa Vieja Place at the centerline
of Casa Vleja being at the northwesterly tenninus of the course shown as "South
5&41'06" East, 290.00 feet", as shown on the map of Subdivision 3444, filed May
19, 1965, Book 104 of Maps, page 38, from which point a standard street survey
monument with disk stamped LS 3094, located at the southeasterly tenninus of
said course bears South 56'40'58" East, 290.15 feet; thence from said point of
commencement North 39'43'45- West, 671.94 feet to the point of beginning;
thence from said point of beginning South 53019'43- East, 603.95 feet; thence
South 53'19'43- East; 25.00 feet
Bearings and distances shown herein are based on a local Coordinate System.
Multiply distances shown herein by 1.0000870 to obtain ground distances.
3/18/97
9628-26.00C
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E 308 MORAGA WAY
PROJECT:
SOUTH ORINDA SEWER IMPROVEMENT
ESMT AREA: CONSTR AREA:
1070 SQ. FT.+/- 720 SQ. FT. +/-
DATE: JOB NO.:
3-20-97 4928
CO. ASSMT. NO.: PARCEL NO.:
272-050-030 35
PAGE 2 of 4
__.___"........___._~___"_.___.._.""~____'__...._.__'____.<O.__'e___....._....,.....__~__..._____._.__._~ _.,.~,.....,_"_""_~...v.__~____~_.__.__,,.,~~. ,,,,--,-,,,,,,--,,,--,,-"---"'-~--'---'--'-''''''-''--' ,..
(Por APN 212-050-030)
-.
EXHIBIT "A"
All that real property situated in the City of Orinda, County of Contra Costa, State
of California, described as follows:
Portion of Lots 120, 121, 157 and 158 as said lots are shown on the "Map of
Sectionization of a part of Rancho Laguna De Los Palos Colorados", filed August
8, 1916, Book 15 of Maps, page 308, Contra Costa County, California Records,
being a portion of the parcel of land described as Parcel One, in the quitdaim
deed to Betty N. Yee, Trustee of the Betty N. Yee Revocable Trust, recorded
May 9, 1994, Series No. 94-127789, Official Records, described as follows:
A11.that portion of said Parcel One, Yee parcel (94-127789), lying northeasterly of
the southwesterly line of the following described 20 foot strip of land, the
centerline of said 20 foot strip of land being described as follows:
Commencing at a point marked by a standard street survey monument with disk
stamped LS 3094, located in the centerline of Casa Vieja Place at the centerline
of Casa Vleja being at the northwesterly tenninus of the course shown as "South
56'41'06" East, 290.00 feet", as shown on the map of Subdivision 3444, filed May
19, 1965, Book 104 of Maps, page 38, from which point a standard street survey
monument with disk stamped LS 3094, located at the southeasterly tenninus of
said course bears South 56'40'58" East. 290.15 feet; thence from said point of
commencement North 39'43'45- West, 671.94 feet to the point of beginning;
thence from said point of beginning South 53019'43- East. 603.95 feet; thence
South 53'19'43- East; 25.00 feet.
Bearings and distances shown herein are based on a Local Coordinate System.
Multiply distances shown herein by 1.0000870 to obtain ground distances.
3/18/97
9628-26. DOC
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1HOIAAS BRO.:
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JOB NO.:
4928 .
P8C
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1"=40'
CO. ASSMT. NO.:
272-050-030.
PARCEL NO.:
35
PAGE 4 OF 4
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I
PERMANENT EASEMENT
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Parcel "A" and a portion of Parcel"B" as said parcels are shown on the Parcel Map
filed June 27, 1978, in Book 67 of Parcel Maps at page 23, Contra Costa County Records, being
also a portion of the parcel of land described in the deed to Jerry K. Johnson and Julie A.
Johnson, recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761,
described as follows:
All that portion of said Johnson parcel (15945 OR 761), lying within a 10 foot wide strip of land
the centerline of which is described as follows:
Commencing at a 1 Y2 inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
25049'15- east 260.18 feet (north 24046' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and (lail tagged LS 2305 as shown upon "Tara Brook, Unit NO.1-, filed on October 10,
1947 in Book 34 of Maps at page 1, said county records (34 Maps 1); thence south 300 44' 14-
east 592.62 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING the
following 10 courses: (1) south 560 33' 48- west 245.25 feet, (2) south 69016' 44- west 135.66
feet, (3) south 54049' 59- west 70.41 feet, (4) south 860 16' 54- west 178.13 feet, (5) south
630 55' 10- west 125.47 feet, (6) north 530 OS' 17- west 91.22 feet, (7) south 590 11' 48- west
244.50 feet, (8) south 700 22' 59- west 143.64 feet, (9) south 70 35' 00- east 28.16 feet, (10)
south 520 06' 08- west 52.73 feet to a point from which a 1 Y2 inch iron pipe with nail in the
centerline of Southwood Drive bears north 310 29' 29- west 483.89 feet, last said iron pipe lies
at the at the westerly terminus of a centerline course having a record bearing and distance of
north 810 41' 20- west 161.99 feet as shown upon above referenced "Moraga Estates" (22 Maps
627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
~.j)~
C:\wpdocs\4928\4928-43.dsc
A.P.N.268-170-027 Exhibit A
DP 4928 PCL 43 Page 1 OF 1
Johnson February 23, 1997
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/5945 O.R. 76/
268-170-027
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78/2 O.R.567
268-170-028
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CHECKED BY:
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DATE:
2-23-97
THOMAS BRO.:
71A6
CO. ASSMT. NO.:
268-170-027
JOB NO.:
4571
PARCEL NO.:
43
_.---..____,.~_.~_,.________._.__,.____~,.._._..~......____..,_ ...____,__...__'__.M_~___.....__..__...~,,__ _.______~~_~__..._"'.,___.._.._._'.'__~.~_.~,...~___.___..___....___'__'M"_
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TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Parcel "A" and a portion of Parcel "B" as said parcels are shown on the Parcel Map
filed June 27, 1978, in Book 67 of Parcel Maps at page 23, Contra Costa County Records, being
also a portion of the parcel of land described in the deed to Jerry K. Johnson and Julie A.
Johnson, recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761 ,
described as follows:
All that portion of said Johnson parcel (15945 OR 761) lying within a 24.50 foot wide strip of
land, 12.50 feet lying northerly and 12.00 feet lying southerly of the following described
centerline:
Commencing at a 1 ~ inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
250 49' 15" east 260.18 feet (north 240 46' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and nail tagged LS 2305 as shown upon "Tara Brook, Unit No.1", filed on October 10,
1947 in Book 34 of Maps at page 1, said county records (34 Maps 1); thence south 30044' 14"
east 592.62 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING the
following 10 courses: (1) south 560 33' 48" west 245.25 feet, (2) south 690 16' 44" west 135.66
feet, (3) south 540 49' 59" west 70.41 feet, (4) south 860 16' 54" west 178.13 feet, (5) south
63055' 10" w~st 125.47 feet, (6) north 530 05' 17" west 91.22 feet, (7) south 590 11' 48" west
244.50 feet, (8) south 700 22' 59" west 143.64 feet, (9) south 70 35' 00" east 28.16 feet, (10)
south 520 06' 08" west 52.73 feet to a point from which a 1 ~ inch iron pipe with nail in the
centerline of Southwood Drive bears north 310 29' 29" west 483.89 feet, last said iron pipe lies
at the at the westerly terminus of a centerline course having a record bearing and distance of
north 810 41' 20" west 161.99 feet as shown upon above referenced "Moraga Estates" (22 Maps
627).
Lengthening or shortening the sidelines of said 24.50 foot wide strip of land to meet at angle
points.
EXCEPTING THEREFROM that portion of the hereinabove referenced parcel of land (15945
OR 761) described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made part
hereof.
Containing an area of 1996 square feet, more or less.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
This easement shall terminate on November 30, 1997.
A.P.N.268-170-o27
DP 4928 peL 43
Johnson
Gill-
..-..--.-.-.-----.-..-.-.-.....------------------.-----....-..---.------..- .---------------r---
EXHI...
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15945 O.R. 761
268-170-027
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DATE:
2-23-97
THOMAS BRO.:
71A6
CO. ASSMT. NO.:
268-170-027
JOB NO.:
4571
PARCEL NO.:
43
PAl:;F ? OF 4
~_______. ,.__,.._~___.____.____,__"__..,_.,_.__,.._..,___,...,_~_.,____.__..__... ,,_,,_,+~____,_,_",___.,"_____"__"'_""'~""'_~""" ___..___."_._.'"__...._.~___*_...,..",,."~.__._~_.,,"____."_....._.>_.___._._.__ ,,_.__..._.m__"_'___.~_'"'__' n_
..-....-...l----
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Parcel "A" and a portion of Parcel "B" as said parcels are shown on the Parcel Map
filed June 27, 1978, in Book 67 of Parcel Maps at page 23, Contra Costa County Records, being
also a portion of the parcel of land described in the deed to Jerry K. Johnson and Julie A.
Johnson, recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761 ,
described as follows:
All that portion of said Johnson parcel (15945 OR 761), lying within a 10 foot wide strip of land
the centerline of which is described as follows:
Commencing at a1 Y2 inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
250 49' 15. east 260.18 feet (north 240 46' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and nail tagged LS 2305 as shown upon "Tara Brook, Unit No.1., filed on October 10,
1947 in Book 34 of Maps at page 1, said county records (34 Maps 1); thence south 300 44'14"
east 592.62 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING the
following 10 courses: (1) south 56033' 48. west 245.25 feet, (2) south 69016' 44. west 135.66
feet, (3) south 54049' 59. west 70.41 feet, (4) south 860 16' 54. west 178.13 feet, (5) south
63055'10. west 125.47 feet, (6) north 53005' 1r west 91.22 feet, (7) south 59011' 48. west
244.50 feet, (8) south 700 22' 59. west 143.64 feet, (9) south 70 35' 00. east 28.16 feet, (10)
south 520 06' 08. west 52.73 feet to a point from which a 1 Y2 inch iron pipe with nail in the
centerline of Southwood Drive bears north 310 29' 29. west 483.89 feet, last said iron pipe lies
at the at the westerly terminus of a centerline course having a record bearing and distance of
north 810 41' 20" west 161.99 feet as shown upon above referenced "Moraga Estates" (22 Maps
627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
A.P.N.268-170-o27
DP 4928 PCl 43
Johnson
C:\wpdocs\4928\4928-43.dsc
Exhibit A
Page 3 of 4
February 23, 1997
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THOMAS BRO.:
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CO. ASSMT. NO.:
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JOB NO.:
4571
PARCEL NO.:
43
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PAGE 4 OF 4
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PERMANENT EASEMENT
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Lot 55, as said lot is shown upon "Moraga Estates", filed November 2, 1936 in Book
22 of Maps at page 627, Contra Costa County Records (22 Maps 627), being also a portion of
the parcel of land described in the deed to Stephen Edward Harriman and Mary Karlen
Harriman recorded April 2, 1976, in Book 7812 of Official Records of said county at page 567
(7812 OR 567) described as follows:
All that portion of said Harriman parcel (7812 OR 567) lying within a 10 foot wide strip of land
the centerline of which is described as follows:
Commencing at a 1 ~ inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon above referenced "Moraga Estates" (22 Maps
627); thence n'orth 250 49' 15- east 260.18 feet (north 240 46' east 260.21 feet - record) to
a 2 inch iron pipe with concrete and nail tagged LS 2305 as shown upon "Tara Brook, Unit
No.1 ., filed on .October 10, 1947 in Book 34 of Maps at page 1, said county records (34 Maps
1); thence south 30044' 14- east 592.62 feet to the POINT OF BEGINNING; thence from said
POINT OF BEGINNING the following 10 courses: (1) south 560 33' 48- west 245.25 feet, (2)
south 69016' 44- west 135.66 feet, (3) south 54049' 59- west 70.41 feet, (4) south 860 16' 54"
west 17~.13 feet, (5) south 63055' 10- west 125.47 feet, (6) north 53005'17- west 91.22 feet,
(7) south 590 11' 48- west 244.50 feet, (8) south 70022' 59. west 143.64 feet, (9) south 7035'
00- east 28.16 feet, (10) south 520 06' 08- west 52.73 feet to a point from which a 1 ~ inch iron
pipe with nail in the centerline of Southwood Drive bears north 310 29' 29- west 483.89 feet, last
said iron pipe lies at the at the westerly terminus of a centerline course having a record bearing
and distance of north 810 41' 20- west 161.99 feet as shown upon above referenced "Moraga
Estates" (22 Maps 627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
EXCEPTING THEREFROM that portion of the above described 10 foot wide strip of land lying
within the parcel of land described in the deed to Jerry K. Johnson and Julie A. Johnson,
recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761 (15945
OR 761).
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
A.P.N.268-170-028
OP 4928 peL 44
Harriman
d--v~
C:\wpdocs\4928\4928-44dsc
Exhibit A
Page 1 of 1
February 23, 1997
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THOMAS BRO.:
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CO. ASSMT. NO.:
268-170-028
JOB NO.:
4571
PARCEL NO.:
44
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-- -.-..-------.---1---
TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Lot 55, as said lot is shown upon "Moraga Estates", filed November 2, 1936 in Book
22 of Maps at page 627, Contra Costa County Records (22 Maps 627), being also a portion of
the parcel of land described in the deed to Stephen Edward Harriman and Mary Karlen
Harriman recorded April 2, 1976, in Book 7812 of Official Records of said county at page 567
(7812 OR 567) described as follows:
All that portion of said Harriman parcel (7812 OR 567) lying within a 25 foot wide strip of land
the centerline of which is described as follows:
Commencing at a 1 Y2 inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon above referenced "Moraga Estates" (22 Maps
627); thence north 250 49'15H east 260.18 feet (north 24046' east 260.21 feet - record) to
a 2 inch iron pipe with concrete and nail tagged LS 2305 as shown upon "Tara Brook, Unit
No.1H, filed on October 10, 1947 in Book 34 of Maps at page 1, said county records (34 Maps
1); thence south 300 44'14H east 592.62 feet to the POINT OF BEGINNING; thence from said
POINT OF BEGINNING the following 10 courses: (1) south 560 33' 48H west 245.25 feet, (2)
south 690 16' 44H west 135.66 feet, (3) south 54049' 59. west 70.41 feet, (4) south 860 16' 54"
west 178.13 feet, (5) south 63055'10. west 125.47 feet, (6) north 530 05' 17H west 91.22 feet,
(7) south 590 11' 48H west 244.50 feet, (8) south 700 22' 59. west 143.64 feet, (9) south 70 35'
OOH east 28.1 ~ feet, (10) south 520 06' 08H west 52.73 feet to a point from which a 1 Y2 inch iron
pipe with nail in the centerline of Southwood Drive bears north 310 29' 29H west 483.89 feet, last
said iron pipe lies at the at the westerly terminus of a centerline course having a record bearing
and distance of north 810 41' 20H west 161.99 feet as shown upon above referenced "Moraga
Estates" (22 Maps 627).
Lengthening or shortening the sidelines of said 25 foot wide strip of land to meet at angle points.
EXCEPTING THEREFROM that portion of the above described 25 foot wide strip of land lying
within the parcel of land described in the deed to Jerry K. Johnson and Julie A. Johnson,
recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761 (15945
OR 761). Also excepting therefrom that portion of the hereinabove referenced parcel of land
(7812 OR 567) described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made
part hereof.
Containing an area of 1877 square feet, more or less.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
~
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This easement shall terminate November 30, 1997.
A.P.N.268-170-<l28
DP 4928 peL 44
Hamman
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THOMAS BRO.:
71A6
CO. ASSMT. NO.:
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JOB NO.:
4571
PARCEL NO.:
44
PAr,F ? OF 4
'-"-"-'-"'---"'1'--
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Lot 55, as said lot is shown upon "Moraga Estates", filed November 2, 1936 in Book
22 of Maps at page 627, Contra Costa County Records (22 Maps 627), being also a portion of
the parcel of land described in the deed to Stephen Edward Harriman and Mary Karlen
Harriman recorded April 2, 1976, in Book 7812 of Official Records of said county at page 567
(7812 OR 567) described as follows:
All that portion of said Harriman parcel (7812 OR 567) lying within a 10 foot wide strip of land
the centerline of which is described as follows:
Commencing at a 1 % inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon above referenced "Moraga Estates" (22 Maps
627); thence north 25049' 1511 east 260.18 feet (north 24046' east 260.21 feet - record) to
a 2 inch iron pipe with concrete and nail tagged LS 2305 as shown upon "Tara Brook, Unit
No.1 II, filed on October 10,1947 in Book 34 of Maps at page 1, said county records (34 Maps
1); thence south 30044'1411 east 592.62 feet to the POINT OF BEGINNING; thence from said
POINT OF BEGINNING the following 10 courses: (1) south 56033' 4811 west 245.25 feet, (2)
south 69016' 4411 west 135.66 feet, (3) south 54049' 59" west 70.41 feet, (4) south 860 16' 54"
west 178.13 feet, (5) south 630 55' 10" west 125.47 feet, (6) north 530 OS' 1711 west 91.22 feet,
(7) south 590 11' 4811 west 244.50 feet, (8) south 700 22' 5911 west 143.64 feet, (9) south 70 35'
00" east 28.16 feet, (10) south 520 06' 08" west 52.73 feet to a point from which a 1 % inch iron
pipe with nail in the centerline of Southwood Drive bears north 310 29' 29" west 483.89 feet, last
said iron pipe lies at the at the westerly tenninus of a centerline course having a record bearing
and distance of north 810 41' 20" west 161.99 feet as shown upon above referenced "Moraga
Estates" (22 Maps 627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
EXCEPTING THEREFROM that portion of the above described 10 foot wide strip of land lying
within the parcel of land described in the deed to Jerry K. Johnson and Julie A. Johnson,
recorded June 26, 1990 in Book 15945 of Official Records of said county at page 761 (15945
OR 761).
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
A.P.N.268-170-<l28
DP 4928 PCL 44
Harriman
C:\wpdocs\4928\4928-44dsc
Exhibit A
Page 3 of 4
February 23, 1997
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THOMAS BRO.:
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CO. ASSMT. NO.:
268-170-028
JOB NO.:
4571
PARCEL NO.:
44
PAGE 4 OF 4
.-.-----. --.....--..-----------------------.---------.--..---..--.-..---.---.------.-.----.--------......- ---.---------------,---
PERMANENT EASEMENT
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Lot 26, as said lot is shown upon "Tara Brook, Unit No.1" filed October 1 0, 1947 in
Book 34 of Maps at pages 1 and 2, Contra Costa County Records (34 Maps 1), being also a
portion of the parcel of land described as Parcel One, in the deed to John J. Greene and
Patricia S. Greene, Co-Trustees of the Greene Family Trust, recorded June 7, 1995, Series No.
95-089986, Official Records of said county, described as follows:
All that portion of said Greene parcel (95-089986), lying within a 10 foot wide strip of land, the
centerline of which is described as follows:
Commencing at a 1 * inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
250 49' 15" east 260.18 feet (north 240 46' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and nail tagged LS 2305 as shown upon above referenced "Tara Brook, Unit No.1 II
(34 Maps 1); thence south 300 44' 14" east 592.62 feet to the POINT OF BEGINNING; thence
from said POINT OF BEGINNING the following 10 courses: (1) south 56033' 48" west 245.25
feet, (2) south 69016' 44" west 135.66 feet, (3) south 540 49' 59" west 70.41 feet, (4) south 860
16' 54" west 178.13 feet, (5) south 630 55'10" west 125.47 feet, (6) north 53005'17" west
91.22 feet, (7) south 590 11' 48" west 244.50 feet, (8) south 700 22' 59" west 143.64 feet, (9)
south 7035' 00" east 28.16 feet, (10) south 52006' 08" west 52.73 feet to a point from which
a 1 * inch iron pipe with nail in the centerline of Southwood Drive bears north 310 29' 29" west
483.89 feet, last said iron pipe lies at the at the westerly terminus of a centerline course having
a record bearing and distance of north 810 41' 20" west 161.99 feet as shown upon above
referenced "Moraga Estates" (22 Maps 627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
h~~
A.P.N. 268-233-003
DP 4928 PCL 47
GreeneTrust
C:\wpdocs\4928\4928-47.dsc
Exhibit A
Page 1 of 1
February 23, 1997
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4571
PARCEL NO.:
47
--r-
TEMPORARY CONSTRUCTION EASEMENT
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows: .
PARCEL ONE:
Portion of Lot 26, as said lot is shown upon "Tara Brook, Unit No.1- filed October 1 0, 1947 in
Book 34 of Maps at pages 1 and 2, Contra Costa County Records (34 Maps 1), being also a
portion of the parcel of land described as Parcel One, in the deed to John J. Greene and
Patricia S. Greene, Co-Trustees of the Greene Family Trust, recorded June 7, 1995, Series No.
95-089986, Official Records of said county, described as follows:
All that portion of above referenced Greene parcel (95-089986) lying within a 24.50 foot wide
strip of land, 12.50 feet lying northwesterly and 12.00 feet lying southeasterly of the following
described centerline:
Commencing at a 1 Y2 inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
250 49' 15- east 260.18 feet (north 240 46' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and nail tagged LS 2305 as shown upon above referenced "Tara Brook, Unit No.1"
(34 Maps 1) said iron pipe hereinafter designated point "A" ; thence south 300 44' 1411 east
592.62 feet tQ the POINT OF BEGINNING; thence from said POINT OF BEGINNING the
following 10 courses: (1) south 56033' 48- .west 245.25 feet, (2) south 690 16' 44- west 135.66
feet, (3) south 54049' 59- west 70.41 feet, (4) south 860 16' 54- west 178.13 feet, (5) south
63055' 10- west 125.47 feet, (6) north 53005' 17- west 91.22 feet, (7) south 590 11' 48" west
244.50 feet, (8) south 700 22' 59- west 143.64 feet, (9) south 70 35' 00- east 28.16 feet, (10)
south 520 06' 08. west 52.73 feet to a point from which a 1 Y2 inch iron pipe with nail in the
centerline of Southwood Drive bears north 310 29' 29- west 483.89 feet, last said iron pipe lies
at the at the westerly terminus of a centerline course having a record bearing and distance of
north 81041' 20. west 161.99 feet as shown upon above referenced "Moraga Estates" (22 Maps
627).
Lengthening or shortening the sidelines of said 24.50 foot wide strip of land to meet at angle
points and to terminate in the east upon the easterly line of said Greene parcel (95-089986) and
in the southwest upon the southwesterly line of said Greene parcel.
EXCEPTING THEREFROM that portion of the hereinabove referenced parcel of land (95-
089986) described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made part
hereof.
Containing an area of 1637 square feet, more or less.
AP.N.268-233-OO3
OP 4928 PCl 47
GreeneTrust
C:\wpdocs\4928\4928-47t.dsc
Temporary Construction Easement
Page 1 of 5
April 22, 1997
-..-.-.--.-....------..----.-------.-.-----.-----.. ._._--_._._~_.
TEMPORARY CONSTRUCTION EASEMENT
PARCEL TWO:
All that portion of hereinabove referenced Greene parcel (95-089986) lying within a 20.00 foot
wide strip of land the centerline of which is described as follows:
Commencing at hereinabove designated point "A"; thence from said point "A" south 32000' 06"
east 320.09 feet to a point on the north line of said Greene parcel (95-089986) said point being
the POINT OF BEGINNING; thence from said POINT OF BEGINNING southwesterly along a
curve concave to the southeast having a radius of 113.50 feet through a central angle of 00 48'
01" a distance of 1.59 feet, a radial line to said POINT OF BEGINNING bears north 420 46' 09"
west; thence south 460 25' 51. west 6.53 feet; thence southwesterly along a curve concave to
the southeast and east having a radius of 66.00 feet through a central angle of 190 15' 43" a
distance of 22.19 feet to a point hereinafter designated point "B"; thence from said point "B"
continuing along said curve southwesterly and southerly through a central angle of 120 59' 32"
a distance of 14.97 feet; thence south 140 10' 35. west 8.57 feet; thence southerly along a curve
concave to the east having a radius of 123.50 feet through a central angle of 260 55' 35. a
distance of 58.04 feet; thence south 840 31' 23. west 18.57 feet.
Lengthening or shortening the sidelines of said 20.00 foot wide strip of land to meet at angle
points and to terminate in the north upon the northerly line of said Greene parcel (95-
089986)and in the southwest upon the southwesterly line of said Greene parcel.
Containing an.area of 2616 square feet, more or less.
PARCEL THREE:
All that portion of hereinabove referenced Greene parcel (95-089986) lying within a 20.00 foot
wide strip of land the centerline of which is described as follows:
Beginning at the hereinabove designated point "B"; thence from said point "B" south 630 35' 45"
east 121.43 feet; thence south 360 08' 17. east 46.65 feet; thence south 580 59' 22" east 10.51
feet to the easterly line of said Greene parcel (95-089986).
Lengthening or shortening the sidelines of said 20.00 foot wide strip of land to meet at angle
points and to terminate in the northwest upon the southeasterly line of said PARCEL TWO and
in the east upon the easterly line of said Greene parcel (95-089986).
EXCEPTING THEREFROM that portion of the above described 20.00 foot wide strip of land
lying within hereinabove described Parcel Two.
Containing an area of 3366 square feet, more or less.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
ALL ABOVE-DESCRIBED TEMPORARY CONSTRUCTION EASEMENT(S) SHALL EXPIRE ON NOVEMBER 30,
1997.
A.P.N.268-233-OO3
DP 4928 PCL 47
GreeneTrust
C:\wpdocs\4928\4928-47t.dsc
Temporary Construction Easement
Page 2 of 5
April 22. 1997
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TEMPORARY
CONSTRUCTION
EASEMENT PARCEL 1
1637 SQ. FT.
50
100
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CHECKED BY:
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DATE:
4-25-97
THOMAS BRO.:
71A5
CO. ASSMT. NO.:
268-233-003
JOB NO.:
4571
PARCEL NO.:
47
PAGE 3 OF 5
.".--.----1'..
EXHIBIT A
REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described
as follows:
Portion of Lot 26, as said lot is shown upon "Tara Brook, Unit No.1" filed October 10, 1947 in
Book 34 of Maps at pages 1 and 2, Contra Costa County Records (34 Maps 1), being also a
portion of the parcel of land described as Parcel One, in the deed to John J. Greene and
Patricia S. Greene, Co-Trustees of the Greene Family Trust, recorded June 7, 1995, Series No.
95-089986, Official Records of said county, described as follows:
All that portion of said Greene parcel (95-Q89986), lying within a 10 foot wide strip of land, the
centerline of which is described as follows:
Commencing at a 1 ~ inch iron pipe with concrete and nail located at the intersection of
Southwood Drive and Davis Road as shown upon "Moraga Estates" filed on November 2, 1936
in Book 22 of Maps at page 627, Contra Costa County Records (22 Maps 627); thence north
250 49' 15" east 260.18 feet (north 240 46' east 260.21 feet - record) to a 2 inch iron pipe with
concrete and nail tagged LS 2305 as shown upon above referenced "Tara Brook, Unit No.18
(34 Maps 1); thence south 300 44' 14" east 592.62 feet to the POINT OF BEGINNING; thence
from said POINT OF BEGINNING the following 10 courses: (1) south 56033' 48" west 245.25
feet, (2) south 690 16' 44" west 135.66 feet, (3) south 540 49' 59" west 70.41 feet, (4) south 860
16' 54" west 178.13 feet, (5) south 630 55' 10" west 125.47 feet, (6) north 530 05' 17" west
91.22 feet, (7) south 590 11' 48" west 244.50 feet, (8) south 700 22' 59" west 143.64 feet, (9)
south 7035' 00. east 28.16 feet, (10) south 52006' 088 west 52.73 feet to a point from which
a 1 ~ inch iron pipe with nail in the centerline of Southwood Drive bears north 310 29' 29" west
483.89 feet, last said iron pipe lies at the at the westerly terminus of a centerline course having
a record bearing and distance of north 810 41' 20. west 161.99 feet as shown upon above
referenced "Moraga Estates" (22 Maps 627).
Lengthening or shortening the sidelines of said 10 foot wide strip of land to meet at angle points.
Bearings and distances shown herein are based on the California State Plane Coordinate
System 1983, Zone 3. Multiply distances as shown herein by 1.0000910 to obtain ground
distances.
A.P.N.268-233-<>03
DP 4928 PCL 47
GreeneTrust
C:\wpdocs\4928\4928-47.dsc
Exhibit A
Page 4 of 5
February 23, 1997
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moMAS BRO.:
71A5
CO. ASSMT. NO.:
268-233-003
JOB NO.:
4571
PARCH. NO.:
47
PAGE 5 OF 5
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Central Contra Costa Sanitary District
April 22, 1997
File: 4928.5.1.5
ROGERJ. DOLAN
General Manager
Chief Engineer
CERTIFIED MAil - P 563 448 432
KENTON L AIM
Counselfor the District
(5/0) 938-/430
JOYCE E. MURPHY
Secretary of the District
John and Mary McDonnel Trust
1 0 Charles Hill Road
Orinda, CA 94563
Dear ladies and Gentlemen:
NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING
CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS;
APN: 273-140-011
Central Contra Costa Sanitary District (District) is in the process of completing the design
for Phase 1 of the South Orinda Sewer Improvements Project. The project is required to
reduce the potential for both dry and wet weather overflow of sewage into San Pablo
Creek, which flows into San Pablo Reservoir, an East Bay Municipal Utility District drinking
water supply. A portion of the South Orinda Sewer Improvements Project includes
8,000 linear feet of microtunneling in Moraga Way. To reduce traffic impacts on Moraga
Way, the pits for microtunneling operations have been located on private property.
The Phase 1 South Orinda Project is scheduled to be advertised for competitive bidding
in April 1997, in order to take full advantage of the summer construction season.
However, no contract will be awarded unless the District's Board elects to adopt the
Resolution of Necessity, which is the subject of this Notice of Public Hearing. Either the
District's right-of-way agents, Associated Right of Way Services, Inc., or the District's
right-of-way person, Rick Hernandez, has presented you with an offer of just
compensation. Additionally, we have previously provided you the Statement of and
Summary of Basis for the amount established as Just Compensation. To date the District
has been unable to secure the property rights across your property required for the
project.
As you may be aware, the District's Board previously adopted a Resolution of Necessity
relevant to this project and your property on February 20, 1997. In response to
objections raised in regard to the legal description of the interests in property being
acquired, staff is recommending to the District Board that it adopt a new Resolution of
Necessity with revised legal descriptions of the proposed easements across your property.
The law requires that certain parties be notified by the District concerning the Resolution
of Necessity hearing. Please be advised that a public hearing is scheduled at the District
Board Room at the above address on May 1, 1997, at 3 p.m. The purpose of this hearing
is to consider information as further identified below. Staff intends to recommend to the
District's Board at the meeting on May 1, 1997, that it adopt a Resolution of Necessity
ID-G L \C:\INFRA \DP\4928\PU8HEAR2. NTC
@ Recycled Paper
John and Mary McDo )1 Trust
Page 2
April 22, 1 997
to acquire by condemnation the proposed easements across your property described in
the new Resolution of Necessity.
You are hereby notified that you have the right to appear at the hearing and be heard
concerning the issues set forth in the California Code of Ch/il Procedure
Section 1240.030, which are:
· whether the public interest and necessity require the District's project;
· whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
· whether the subject easements are necessary for the project.
You may also be heard on the issue of whether an offer, as required by Government Code
Section 7267.2, was made to you. However, the amount of compensation for the
easement interests in your property is not a subject of this hearing and will not be
considered by the District's Board in making its decision whether or not to adopt a
Resolution of Necessity.
In order to appear and be heard at the hearing, you must file with the Secretary of the
District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice,
a written request to appear and be heard. Failure to do so will result in waiver of your
right to appear and be heard.
The District's negotiators, Associated Right of Way Services, Inc. or Rick Hernandez, will
continue to discuss relevant issues with you concurrent with the District taking steps to
obtain rights to enter your property. It remains our desire to reach an agreement with you
on compensation for the property rights required for the District's project.
Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at
(510) 229-7132.
Sincerely,
~J IMJ.
Tad J. Pilecki
Senior Engineer
T JP/vh/pk
cc: M. Cornelius
R. Hernandez
J. McCoy
J. Murphy
B. Tannenbaum (ARWS)
ID-G l \C:\INFRA \DP\49 28\PUBHEAR2. NTC
Central Contra Costa Sanitary District
April 22, 1 997
File: 4928.5.1.5
ROGERJ. DOLAN
General Manager
Chief Engineer
CERTIFIED MAIL - P 563 448 433
KEmON L. AIM
Counsel for the District
(510) 938-1430
JOYCE E. MURPHY
Secr.tary of the District
Ms. Margaret M. Twomey
10 Charles Hill Road
Orinda, CA 94563
Dear Ms. Twomey:
NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING
CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS;
APN: 273-140-011
Central Contra Costa Sanitary District (District) is in the process of completing the design
for Phase 1 of the South Orinda Sewer Improvements Project. The project is required to
reduce the potential for both dry and wet weather overflow of sewage into San Pablo
Creek, which flows into San Pablo Reservoir, an East Bay Municipal Utility District drinking
water supply. A portion of the South Orinda Sewer Improvements Project includes
8,000 linear feet of microtunneling in Moraga Way. To reduce traffic impacts on Moraga
Way, the pits for microtunneling operations have been located on private property.
The Phase 1 South Orinda Project is scheduled to be advertised for competitive bidding
in April 1997, in order to take full advantage of the summer construction season.
However, no contract will be awarded unless the District's Board elects to adopt the
Resolution of Necessity, which is the subject of this Notice of Public Hearing. Either the
District's right-of-way agents, Associated Right of Way Services, Inc., or the District's
right-of-way person, Rick Hernandez, has presented you with an offer of just
compensation. Additionally, we have previously provided you the Statement of and
Summary of Basis for the amount established as Just Compensation. To date the District
has been unable to secure the property rights across your property required for the
project.
As you may be aware, the District's Board previously adopted a Resolution of Necessity
relevant to this project and your property on February 20, 1997. In response to
objections raised in regard to the legal description of the interests in property being
acquired, staff is recommending to the District Board that it adopt a new Resolution of
Necessity with revised legal descriptions of the proposed easements across your property.
The law requires that certain parties be notified by the District concerning the Resolution
of Necessity hearing. Please be advised that a public hearing is scheduled at the District
Board Room at the above address on May 1, 1997, at 3 p.m. The purpose of this hearing
is to consider information as further identified below. Staff intends to recommend to the
District's Board at the meeting on May 1, 1997, that it adopt a Resolution of Necessity
ID-G L \C:\INFRA \DP\4928\PUBHEAR2.NTC
* Recycled Paper
Ms. Margaret M. Twor y
Page 2
April 22, 1997
to acquire by condemnation the proposed easements across your property described in
the new Resolution of Necessity.
You are hereby notified that you have the right to appear at the hearing and be heard
concerning the issues set forth in the California Code of Chill Procedure
Section 1240.030, which are:
. whether the public interest and necessity require the District's project;
. whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
. whether the subject easements are necessary for the project.
You may also be heard on the issue of whether an offer, as required by Government Code
Section 7267.2, was made to you. However, the amount of compensation for the
easement interests in your property is not a subject of this hearing and will not be
considered by the District's Board in making its decision whether or not to adopt a
Resolution of Necessity.
In order to appear and be heard at the hearing, you must file with the Secretary of the
District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice,
a written request to appear and be heard. Failure to do so will result in waiver of your
right to appear and be heard.
The District's negotiators, Associated Right of Way Services, Inc. or Rick Hernandez, will
continue to discuss relevant issues with you concurrent with the District taking steps to
obtain rights to enter your property. It remains our desire to reach an agreement with you
on compensation for the property rights required for the District's project.
Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at
(510) 229-7132.
Sincerely,
~fAJ.
Tad J. Pilecki
Senior Engineer
T JP/vh/pk
cc: M. Cornelius
R. Hernandez
J. McCoy
J. Murphy
B. Tannenbaum (ARWS)
ID-GL \C:\INFRA \DP\49 28\PUBHEAR2. NTC
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CCCSu
SECRETARY OF THE DISTRICT
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Stephen E. Harriman AlA & Associates
April 18, 1997
A rehit eet ure
Plannin;;
Interior DeJi;;n
Ms Joyce Murphy
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
47 QUe/if Court. Suite~(}()
We/lnNt Creek. CA 945C)(i
510 934-1160
Fax 934-8132
Re: File 4928, 34 Southwood Drive, Orinda
Dear Ms Murphy;
I am hereby requesting to appear and be heard at the upcoming
public hearing on the Resoution of Necessity for APN 268-170-028-8.
Yours truly,
Stephe E. Harriman
TEN TARA ROAD
ORINDA CALIFORNIA 94563
(510) ~47 FIDe (510) 254-69:>7
April 27 1997
Central Contra Costa Sanitary District
5019 Ilnhoff Place
Martinez California 94553
[gj [g @ [g D \'# [g [Q)
MAY 01 1997
cccso
SECRETARY OF THE DISTRICT
Attention: Board of Directors, Tad Pilecki, P.E., Jackie Zayek
Re: South Orinda Sewer Improvement Project - Orinda
APN: 233-003-6/ 10 Tara Road
Parcel No: 47
Gentlemen:
The documents you have presented for our signature are unacceptable;
language is hazy and vague and there is inconsistency in presentation
(identical maps are marked Exhibit A and Exhibit B) making any point of
reference confusing.
Our prior experiences (almost forty years) with your firm have been
appalling; your personnel have no respect for us or our rights and your
agency has been negligent in responding to our requests, either oral or
written, for consideration and respect. You are demanding permanent
access to any and all portions of our property, without prior permission,
and with no regard to the destruction of property and property values of
our land.
Please make the following corrections and/or additions to your documents:
GRANT OF EASEMENT
Delete Paragraph 3 ("The easement granted herein, etc.") and insert:
The easement granted herein includes incidental rights of mainten-
ance, repair and replacement of said sewerlines and appurtenances,
provided that such work does not interfere with the use and enjoy-
ment of Grantor's property not SUbject to the easement. The
easement includes the free right of ingress and egress on the
easement property for the purposes of the easement.
Ingress and egress over the remaining property of Grantor for
purposes necessary to the proper use of the rights granted herein
is allowed: for one or two individuals at a time, on foot; when
at least 24 hours prior notice to the residents (except in case of
emergency) is given of the time and duration of the entry;
entrants to utilize the paved roadway to come as close to the
easement as possible and then proceed to the easement directly,
1
.. -- +-,.-,...-----.-,~_._.__._._.,.,.,.~ .. _ 4_'~_._._____.___.___.____,_.__._____. .,___.._._____",.__.._,_.,......__~.._.__..__
April 27 1997
page 2
and similarly in egress; and, subject to the Grantee's liability
for any damage to Grantor's property or the landscaping thereon,
or for interference with the use of the portion of Grantor's
property not subject to the Easement, caused by such ingress or
egress or by work done on the permanent easement.
If Grantee wishes to move vehicles or equipment, or more
individuals than allowed herein, across Grantor's property, a
separate temporary easement for such entry will be necessary.
EASEMENT PURCHASE AGREEMENT
Please make the following changes:
1. This Agreement is the entire agreement between the parties and
supersedes any other agreement, written or oral, of any represen-
tations made prior to the execution of this Agreement. The per-
formance of this Agreement sets forth the entire consideration for
the Grants of Easement (Permanent and Temporary) described herein.
3. Any irrigation sprinklers, and lines, concrete, curbs, asphalt,
fences, drainage improvements, walls or brick work, or other
improvements, as well as any ground cover or other landscaping
(except for any trees and/or miscellaneous shrubbery purchased by
the District pursuant to this Agreement) damaged or removed as a
result of activities permitted under the Temporary Easement of this
Agreement, or as a result of any further entries of Grantee pursuant
to the Easements or this Agreement or to construct, repair, maintain,
remove, or inspect the sewer, will be promptly repaired or replaced
as near as possible to the existing condition (or condition prior to
entry if the entry is after the expiration of the Temporary Easement)
by DISTRICT. Grantor shall permit District access as reasonably
necessary to Grantor's remaining property to undertake such repair
and replacement of Grantor's damaged property. In the event any of
the damaged or removed improvements, ground cover or landscaping on
Grantor's property cannot be adequately repaired or replaced,
District shall compensate Grantor. No access to any living space
is granted by this Agreement.
4. A. Revised Grant of Easement as noted above.
4. B. Delete - Temporary Easement will need to be a separate
agreement.
4. D. Delete
8 . Delete
As noted above, we are requesting a separate agreement for the temporary
easement for the roadway crossing our property. The map identified as
Exhibit A in the Offer to Purchase and as Exhibit B in a set of the
Grant of Easement must be corrected. Your engineer, Tad Pilecki, stated
that you do not plan to use the rectangular area drawn on the map; it
should be deleted. The "Temporary Road" drawing must be deleted from
any maps attached to Grant of Easement documents. You now provide two
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CHECKED BY:
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DATE:
2-23-97
THOMAS BRO.:
71A5
CO. ASSMT. NO.:
268-233-003
JOB NO.:
4571
PARCEL NO.:
47
April 28, 1997
page 3
sets of "Grant of Easement", 3 pages each, one set of which has the map
showing the "TemPOrary Road". This drawing could too easily be slipped
into the recorded "Grant of Easement". Your agent, Kathy Wood, of
Associated Right of Way Services, Inc., was unable to answer our question
as to why there were numerous copies of the same document. We are
extremely uncomfortable signing such sloppily arranged documents and our
attorney has advised against doing so.
TEMPORARY EASEMENT
1. Grantor hereby grants to District a temporary construction and
access easement for the movement of tools, machinery, materials and
equipment by the District and its contractors over and upon that real
property which is a portion of Grantor's property, identified as
Exhibit C, together with the right of ingress to and egress from said
property, the right to excavate on such identified real property for a
bore or receiving pit if either is located on such identified real prop-
erty,and the right at all times to enter over and upon said identified
real property and every part thereof and also to use said identified real
property for all purposes reasonably connected with the construction of
the proposed public improvement, during the period of the Temporary Easement.
This Temporary Easement does not give any right of ingress or egrres, or
use, of the remainder of Grantor's property. All use of the Temporary
Easement shall be with appropriate consideration of the comfort and
health of the residents on and visitors to Grantor's property.
.
The Temporary Easement shall commence upon June 1, 1997, or upon earlier
recording of this Agreement, and shall terminate upon completion of the
construction of the sewer on the permanent easement and completion of
repair and replacement work required hereunder, or six months from the
date of commencement, whichever is earlier.
2. The roadway area is to be restored to its prior appearance, graded
where necessary and drainage corrected. Any compaction necessary is to
be to 95%.
3. 14 Tara Road, adjacent to Grantor, has a visual impact on Grantors'
property. It is expected that the existing ground cover will be destroyed.
The entire slope in this area is to be replanted in either Vinca Major or
Hypericum Calcinum.
4. On the terrace which is presently covered in treebark mulch, new bark
is to be replaced to a depth of 4" on the entire terrace.
5. A small Oak and large Myrtus are to be removed to accomodate the
Temporary Roadway. The District is to pay Grantor $500.00 for this
damage. Should any other plant materials need to be re-locatedthe
District is to provide labor to do so and advise when it will be done.
6. Grantor has been notified that some trees along the Temporary Roadway
need to be pruned. At its own expense, Grantor has had two persimmon and
one peach tree professionally pruned; these trees shOUld not be touched.
An arborist shOUld be in attendance when existing Oak trees are trimmed.
All prunings are to be removed by the District.
April 28 1997
page 4
ADDENDUM
1. During the construction period, workmen's vehicles are not to
be parked on this property or on the driveway; they must be parked
on the street. Only absolutely necessary equipment is to be
operated on the driveway and the temporary roadway.
2. Destruction of Driveway:
a. The area where the temporary roadway will take off from
the existing drive is very delicate; there is a shallow
drainage ditch, the edge of which is very fragile. There is
also an underground drain which is likely to be damaged.
Should this occur it must be repaired and replaced.
b. The District has orally stated that it will replace the
upper portion of the existing concrete driveway (a shared
easement between 6, 10 and 12 Tara Road). A written statement
to that effect is to be a part of this agreement.
3. Soil Erosion Mitigation on Sewer Line Site.
a. All corrective engineering on the bank and sewer site
is to be paid for by Central Contra Costa Sanitary District.
b. A copy of the Soil Testing report is to be provided to
Grantor.
c. The plans for reconstruction of this area are to be a
part of this agreement.
d. Any compaction is to be to 95%.
4. The sewer line is to be hand dug (as stated by Tad PileCki
in a meeting April 16, 1997) according to the new map.
5. No trees in the sewer line access or working area are to be
removed.
/Jv-J'
//
(/ J~Ohn J r ene
i . ~
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patricia S Greene
~-"-_._----_..,.."'--"_._-_._-'"-, ---'~"._'-""""--'--~---'----"'-'---*-._-_.__._-~---,..-----"---.-----'--.,..,-'-~-"..-~.---.-.,...,.,---,---~- .,....._._,._-".._~--_._.__._--_._..._-_.._.*-._-,___"_."'_-'_.0-
LAW OFFICES OF
~~@~OW~[Q)
MAY 01 1997
SMITH, MERRILL & PEFFER
A PRO~ESSIONAL. CORPORATION
..JON M. ISHIBASHI
KEVIN D. LALLY
CHARLES E. MERRILL
KARL MOLINEUX
BRENT K. NOMURA
ROBIN M. PEARSON
H. RAY PEFFER
ALICE M. PElLER
DAVID H. SMITH
MARY B. YUOIEN
BISHOP RANCH BUSINESS PARK
TWO ANNABEL LANE, SUITE 200
POST OFFICE BOX 10
SAN RAMON, CALIFORNIA 94583-0010
CCCSO
SECRETARY OF TH6"i1StlKfo N E
(510l 8ee-1000
FACSIMILE
(510) 830-8787
April 30, 1997
District Board
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, California 94553
Via Facsimile: 676-7211
Re: Resolution of Necessity Regarding Condemnation of
Permanent and Temporary Easements; APN 273-I40-0II
Dear District Board:
This Board has on its agenda for May 1, 1997, a hearing to
consider adopting a resolution of necessity for the acquisition
of the above entitled property by eminent domain.
This office is submitting this letter on behalf of the John
and Mary McDonnell Trust and the operators of McDonnell Nursery
to object to the boards proposed action on several grounds,
including:
1. The failure to make a proper offer for the property as
required by Government Code S7267.2;
2. The adoption of the resolution would be in violation of
law because the sanitary District has failed to comply
with applicable statutory procedures which are
prerequisites to such a resolution, including the
requirements of the California Environmental Quality
Act;
3. The failure to furnish an adequate appraisal summary
statement required by Government Code S7267.2;
4. The failure to conform to procedural requirements;
5. The proposed condemnation action is a continuation of a
series of unlawful actions on the part of the Contra
Costa Sanitary District to obstruct the owners
legitimate attempt to preserve the business located on
the property;
6. The violation of the eminent domain law, statutory and
decisional.
District Board
Central Contra
April 30, 1997
Page 2
Costa sanitary District
I.
The Central contra costa sanitary District May Not
Adopt A Resolution Of Necessity Because It Has
Failed To Comply with The statutory Procedures.
section 1245.230 et. seq. of the Code of civil Procedure and
Government Code section 7267.1 and 7627.2 set forth the
procedures that must be followed prior to adoption of a
resolution of necessity by a public entity. The Sanitary
District has failed to follow those procedures.
Under Government Code section 7627.2, prior to adopting a
resolution of necessity, the condemnor must make an offer to
acquire the property, which must contain a written statement of,
and summary of the basis for, the amount it has established as
just compensation. The Sanitary District failed to provide an
adequate "Appraisal Summary Statement," thus, the sanitary
District did not meet the requirements of a bona fide offer under
Government Code section 7267.2.
Recent case law has made it clear that the provisions of
Section 7267.2 "are not merely discretionary guidelines, but
mandatory requirements which must be observed by any public
entity planning to initiate eminent domain proceedings through a
resolution of necessity." City of San Jose v. Great Oaks Water
Co., 192 Cal.App.3d 1005, 237 Cal.Rptr. 845, 849 (1987).
Adoption of the proposed resolution is therefore premature until
the Sanitary District complies with these requirements.
The Sanitary District's actions in proceeding to consider
the proposed resolution without complying with these mandatory
requirements, among others, reveals that the true intent behind
this proposed action is to prevent the intended use of the
property so that the owner will be compelled to convey his
property interests to the Sanitary District.
II.
The sanitary District Cannot Adopt the Resolution
until the Requirements of CEQA Have Been Met.
Similarly, the proposed resolution cannot validly be adopted
until all of the requirements of CEQA and the State CEQA
Guidelines have been met. California courts have established
that public acquisition of property is a "project" within the
meaning of CEQA, and therefore subject to all the requirements of
CEQA and the State CEQA Guidelines. Nevertheless, the Sanitary
District has not fulfilled the requirements of CEQA.
Accordingly, if the proposed resolution is adopted, the Sanitary
Lms043097:L:\LIT\MCDONNELL\LETTERS\RESOLUTION.OBJ
District Board
central Contra Costa sanitary District
April 30, 1997
Page 3
District will be in clear violation of CEQA, as well as other
provisions of law.
The legislative committee comment to Code of civil Procedure
Section 1240.030, provides in pertinent part as follows:
"Subdivision (a) [of the statute] prevents the taking
of the property by eminent domain unless the public
interest and necessity require the project. Public
interest and necessity include all aspects of the
public good including but not limited to social,
economic, environmental and aesthetic consideration..."
The city of San Jose case cited above stated further at page
1017, as follows:
"We conclude that the City violated CEQA by failing to
make a determination whether a subsequent or
supplemental EIR was required by the redesign of the
project, or whether an addendum to the final EIR would
suffice. There should be an opportunity for public
hearings and comments prior to this determination. If
at that time it does appear that the changes in the
project design are sufficiently substantial to require
revisions of the EIR - as appears to be the case from
the evidence in the record - then a subsequent or
supplemental EIR will be required."
The Sanitary District has failed to comply with the
requirements of CEQA and has not addressed the significant
effects on the environment which may be caused by sanitary
District's proposed project.
Adoption of the proposed resolution is therefore premature
until the Sanitary District complies with these requirements.
III. The county's Failure To satisfy Public Interest
And Necessity And Other Requirements Of The
Eminent Domain Law Precludes The Adoption Of The
Resolution.
1. The proposed project is not planned or
located in a manner that will be the most
compatible with the greatest public good and
least private injury. The Sanitary District
has not properly or adequately evaluated or
lms043097:L:\LIT\MCDONNELL\LETTERS\RESOLUTION.OBJ
District Board
Central Contra Costa Sanitary District
April 30, 1997
Page 4
considered the private injury which will
occur to the owner of the property interests
from the project, and has not weighed or
balanced other alternatives which would
lessen the private injury while permitting
the proposed project.
2. The acquisition of the property interest as
proposed is not necessary for the project.
3. The proposed taking is of excess property not
authorized by law.
4. The proposed taking is for a use not
authorized by law.
5. The condemnor lacks the power to take the
affected property interests by eminent
domain.
6. The property interests being acquired, and
the totality thereof, are not necessary for
the project.
IV. Conclusion.
The owners of the property being acquired and damaged,
object to the Resolution and request that these objections be
made part of the administrative record of the Hearing.
For the above reasons, it is respectfully submitted that the
resolution should not be passed.
Sincerely,
SMITH, MERRILL
a J~~SiO 1
MD.
& PEFFER
corporation
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lms043097:L:\LIT\MCDONNELL\LETTERS\RESOLUTION.OBJ
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
.............................................................................................
.............................................................................................
......I.........I..;..II............IH..~I.'!.:~..I!I.!:~....... BOARD MEETING OF
:::::::' ,::: ,:::H:"""::,:",,,:,::,,/::::,::B!I:::dIImIi.S;m;,:, ""co'"" May 1, 1997
Page 1 of 2
NO.
10.
ADMINISTRATIVE
a.
DATE
TYPE OF ACTION
April 25, 1997
AUTHORIZE FUNDS/AUTHORIZE AWARDS
SUBJECT
AUTHORIZE $56,000 FROM SEWER CONSTRUCTION FUND FOR THE GENERAL IMPROVEMENTS
PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO
ALLOCATE $56,000 AND AUTHORIZE AWARD TO OCTEL COMMUNICATIONS FOR VOICE MAIL SYSTEM
UPGRADE.
SUBMITTED BY
Andrew Sniderman, MIS Administrator
INITIATING DEPTIDIV
Administrative Department/M IS
ISSUE: Authorization of the Board of Directors is required for the General Manager-Chief Engineer to allocate
funds in excess of $25,000 from the General Improvements Program Contingency Account. Board approval
is also required for Capital Improvements contracts greater than $50,000.
BACKGROUND: The District's current Octel Branch XP voice mail system is now entering its fifth year of
operation. The system is operating at over 95% of its storage capacity, and as a result has become increasing
unstable. In the past several months the system has reached its capacity several times, preventing both inside
and outside callers from leaving messages and preventing District staff from retrieving and saving messages.
Octel no longer supports enhancements to this older system and cannot expand its storage capacity. Octel
has also begun to phase out support for older systems as spare parts become unavailable and the software
becomes obsolete.
Replacement of the voice mail system was going to be scheduled for the 1998-99 Capital Improvement Budget
(CIB). However, due to increasing voice mail breakdowns which adversely affect normal District operations,
this schedule was accelerated. Initial considerations involved a review of our current system including an
evaluation of competing voice mail platforms and new technologies. Review of some of the newer
technologies including Computer Integrated Telephony which integrates voice mail and e-mail systems, proved
that while intriguing, these technologies are still immature and standards are still being determined.
An upgrade to the District's existing voice mail system was evaluated as an alternative approach. Given that
staff are generally satisfied with the current voice mail system, it did not seem appropriate or cost effective at
this time to impose the training demands and the conversion effort a new system would entail. The upgrade
to our current system will accommodate the District's needs for the next few years after which some of the
newer technologies will have stabilized and may prove a good fit for the District's needs. There is also a cost
advantage to pursuing an upgrade now. Octel is offering promotional pricing to encourage customers to
migrate from the old Branch systems; we have negotiated a discount worth over $34,000 towards the price
of the replacement system.
The proposed upgrade to the Octel system will increase the system's immediate storage capacity by over 50%
while providing a platform that can be further expanded should the District's needs increase. The system also
DR
~/2
H:\ WPDOCS\PHO NES\ VMAILPP. WPD
911 6/96
.......>..........................>...>....>.............>...............>....... ...... ..1 DATE
.IIIIII!I.III April 25, 1997
I
Page 2 of 2
SUBJECT
AUTHORIZE $56,000 FROM SEWER CONSTRUCTION FUND FOR THE GENERAL IMPROVEMENTS PROGRAM
CONTINGENCY ACCOUNT AND AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $56,000
AND AUTHORIZE AWARD TO OCTEL COMMUNICATIONS FOR VOICE MAIL SYSTEM UPGRADE.
has redundant components and a backup mechanism which give it a significantly greater level of fault tolerance
than our existing system. The new system will provide a higher level of service than our existing system and
is expected to require less time to maintain.
RECOMMENDATION: Authorize $56,000 from the Sewer Construction Fund to the General Improvements
Program Contingency Account and authorize the award of a purchase order for $56,000 to Octel
Communications for the Voice Mail System Upgrade.
H:\ WPDOCS\PHONES\ VMAILPP. WPD
911 6/96
.dA
Page 1 of 2
BOARD MEETING OF
May 1, 1 997
NO.
10. ADMINSTRATIVE b.
April 22, 1997
TYPE OF ACTION
AUTHORIZE SETTLEMENT
DATE
SUBJECT
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE ALL DOCUMENTS NECESSARY TO
ACCEPT A NEGOTIATED COST SETTLEMENT OF $1,167,250 PLUS APPLICABLE INTEREST FROM
CALTRANS FOR THEIR TAKING OF 0.8 ACRES AT 1250 SPRING BROOK ROAD, WALNUT CREEK, CA.
SUBMITTED BY INITIATING DEPT,QIV
Ken F. Laverty, Purchasing & Materials Manager Administrative/Purchasing and Materials Control
ISSUE: Board approval is required to accept the negotiated settlement and to transfer property title to Caltrans.
BACKGROUND: In 1988 the District was approached by Caltrans about selling 0.8 acres of land at 1250
Springbrook Road, Walnut Creek, that bordered existing Caltrans property and that the District owned in fee
title. The District investigated various options to replace the property lost to Caltrans. The best option was
to purchase and modify the 1.7 acre Duca property (Attachment I) which was contiguous to the CSO yard.
Board approval was obtained and the Duca property was purchased in February 1 990 for a total cost of
$1,338,000.
In May 1992, the CSO Yard Renovation Project was approved by the Board. This reconfiguration project
ilduded relocatilg vehicle parking, materials' storage, and vehicle maintenance facilities, rerouting traffic flow
within the yard, removing buildings affected by the Caltrans acquisition, constructing replacement buildings,
retaining walls, and improvements to existing building, paving, and landscaping. The cost of this portion of
Renovation Project is approximately $1,560,300. In Closed Session at the District's Board Meeting of
September 21, 1995, the Board approved settlement of the "reconfiguration costs" in the amount of
$1 ,263,000 plus applicable interest.
The next settlement negotiations were to obtain reimbursement for the $1,338,000 cost for the Duca
property, less any betterment between the Duca property of 1.7 acres and the 0.8 acres taken by Caltrans.
On Apr~ 10, 1997, the District's negotiators reached a settlement agreement, subject to Board approval, for
$1 ,167,250 plus applicable interest.
The total cost of the CSO Yard Renovation Project including the Duca property is approximately $2,898,300
with overall cost reimbursement from Caltrans of $2,430,250 plus applicable interest, which is an 84%
recovery of total project costs. The 16% not recovered were betterments to our facilities, therefore not
reimbursable by Caltrans.
RECOMMENDA nON: Approve the settlement of $1,167,250, plus applicable interest, for the real property
portion of CSO Yard Renovation Project, and authorize the General Manager-Chief Engineer to execute all
applicable documents.
JL
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INITIATING DEPARTMENT/DIVlSlON
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H:\LETTERS\CAL TRANS .PP
9/16/96
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Approximate
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CAMINO DIABLO
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
Page 1 of 2
BOARD MEETING OF
May 1, 1997
NO.
11. COLLECTION SYSTEM a.
DATE
April 21, 1997
TYPE OF ACTION
AUTHORIZE AGREEMENT
SUBJECT
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BRUGGER &
MCCORMICK INTERNATIONAL FOR $30,240 FOR THE FINAL PHASE OF THE CSO lEADERSHIP
DEVELOPMENT PROGRAM
SUBMI1TED BY
Yvonne Granzotto, Operations Support Supv.
INITIATING DEPT IDIV
Collection System Operations
ISSUE: Approval by the Board of Directors is required for professional consultant agreements over $25,000
that are funded from the Operations and Maintenance Budget.
BACKGROUND: CSO has been working to improve its effectiveness in the areas of safety, quality,
productivity, and customer service while continuing to reduce its cost of operation since January 1991. The
effort, from January 1991 through December 1994, was focused on i.ltroducing and developing Work
Redesign skills. In January 1995 the focus was shifted to development of leadership skills that would
support a successful transition to greater employee involvement.
In 1995 the Crew leaders went for a full day of training each month with five hours of formal classes and
a three hour team meeting. The training focused on effective team leadership, working in teams, dealing
with difficult employees and customers, problem identification and problem solving, and communication.
Small work groups were developed to identify and resolve operational issues.
In 1996 we have seen significant results from the Crew leader team meeting, training, and small groups
on how the Crew leaders communicate, identify and resolve issues. We have seen improved customer
service by reducing barriers of workflow across work sections. There has been improved cooperation and
coordination between Crew leaders and Crew Members.
In 1997, the proposed agreement with Brugger and McCormick International would cover the final phase
of the CSO leadership Development Program. It would consist of four areas:
1. To provide training sessions focusing on the Crew leaders' professional development (e.g.
situational leadership, role clarification, and working effectively with supervisors).
2. To broaden the scope of the small problem-solving groups to include staff and crew
members, as stakeholders, to establish work project priorities, evaluate new technology,
research equipment acquisition, and to make recommendations in other operating areas.
JA
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPARTMENTIDIVlSlON
Vt")UU~a
vL
W:\WP\POSPAPER\BRUGPP1.698
8/6/96
...................................................................................................................................................................u
:!ili!ili!ilililllillllllllllll!I:!.I!!!lllllllllilill111111111:1 DATE
April 21, 1997
I
Page 2 of 2
SUBJECT
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BRUGGER
& MCCORMICK INTERNATIONAL FOR $30,240 FOR THE FINAL PHASE OF THE CSO LEADERSHIP
DEVELOPMENT PROGRAM
3. To provide training to the Field Operations Supervisors to support the changes in the Crew
Leaders and their crew members to increase employee involvement in the decision process,
and to evaluate and organize the production function efficiently. Emphasis will be through
effective section meeting communication.
4. To provide all CSO Employees with updated sensitivity training in the area of Sexual
Harassment.
This effort will provide approximately 180 hours of class and team training for the Crew Leaders;
approximately 120 hours of training for the Maintenance Supervisors and other key staff; and time for
planning, follow-up, and individual coaching sessions. This will require 336 hours of Brugger &
McCormick's time during the 1997/98 Fiscal Year (the hourly rate is $90 per hour). Funds for this
training, if approved, would be included in the proposed 1997/98 Operations and Maintenance Budget.
Mr. Brugger is a professor at Golden Gate University with a Masters Degree in Labor Relations. He has
been working with CSO employees as a trainer since 1991. He has provided training on sexual
harassment, cultural diversity and effective communication. He has been successful in these endeavors;
the CSO employees have accepted and become familiar with his training. Approximately $63,000 in
consultant costs have been expended to date on the Leadership Development program. The total amount
paid to Mr. Brugger for his services over the seven years from 1991 to 1998, including the propl>sed
contract amount, would be approximately $161,000.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with
Brugger & McCormick International in the amount of $30,240 for the final phase of the CSO Leadership
Development Program.
~
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
:1:IIIIBIIII!!!!!:lllill:!'!:!.!i!:!:! BOARD MErnM:~ 1, 1997
Page 1 of 3
NO.
12. HUMAN RESOURCES a.
DATE
TYPE OF ACTION
April 21, 1997
APPROVE BUDGET
SUBJ ECT
APPROVE PERSONNEL BUDGET REQUESTS FISCAL YEAR 1997 - 1998
SUBMITTED BY
Cathryn Freitas, Human Resources Manager
INITIATING DEPTiOlV
Administrative/Human Resources
ISSUE: The Board reviewed the personnel needs of the District for Fiscal Year 1997-1998 at its March 4,
1997 and March 20, 1997 meetings. Accordingly, staff is submitting the Personnel Budget for Board
approval.
BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year 1996-1997. The
Personnel Budget includes departmental overviews providing summary information, request justification pages
with detailed explanations on the effect of these recommended staffing changes, organizational charts
reflecting current staffing and proposed changes, and job classifications for proposed positions.
The attached summary sheet highlights each department's staffing requests, their effect on the number of
total authorized positions in the District, and the reduced cost in salaries and benefits. As shown in the
summary, the total number of authorized regular positions in the District will decrease by three (3 ) from last
year. Thirteen Co-op student positions are requested this year.
Despite the decreased number of positions, the salaries and wages in the 1997-1998 0 & M Departmental
Budgets will increase from the previous year due to the following:
. Any cost-of-Iiving salary adjustments resulting from the negotiated Memoranda of
Understanding;
. Merit and longevity increases scheduled in 1997-1998;
Administrative
1. Add two Public Information & Production Assistant 1/II's (I=G-52, $2611-$3154; II=G-60,
$3154-$3817);
delete one Public Information & Production Assistant (G-52, $2611-$3154); and
delete one Staff Assistant 1/11 (I = G-45, $2217-$2673; ,,= G-49, $2433-$2941).
CRF
INITIATING DEP~ON
H:\PP\97 APPRVB.PP
9/16/96
"':.II..I.I.li..I.II.IIIIII1""111'111.111111111111111IIIIilil DATE April 21, 1997
I
Page 2 of 3
SUBJ ECT
APPROVE PERSONNEL BUDGET REQUESTS FISCAL YEAR 1997 - 1998
Plant Ooerations
2. Delete one Utility Worker (G-45, $2217-$2673).
3. Add four Plant Operators III (G-65, $3551-$4303) and
delete five Plant Operators 1/11 (I = G-59, $3082-$3729; 11= G-62, $3312-$4007).
4. Add one Maintenance Planner (G-71, $4098-$4962).
Engineerina
5. Delete one Senior Construction Inspector (G-72, $4201-$5086),
6. Add three Management Analysts (G68, $3817-$4620);
delete one Administrative Analyst (G-68, $3817-$4620); and
delete two Planning Assistants (G-68, $3817-$4620).
7. Add two Assistant Engineers (G-72, $4201-$5086).
Collection System ODerations
8. Delete two Maintenance Crew Leaders (G65, $3551-$4303).
9. Delete one Maintenance Crew Member 1/11 (I = G-53, $2673-$3233; 11= G-59, $3082-$3729).
Secretary of the District
No personnel requested.
Co-oo
10. Authorize the hiring of students to fill thirteen positions in the Co-op program.
The budget was distributed to the bargaining units. Neither unit requested to meet and confer on the effects
of the proposed changes.
RECOMMENDATION: Approve the Personnel Budget for 1997-1998.
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(,entral Contra Costa Sanitary District
BOARD OF DIRECTORS
:111111111111111=11111111'11111111111 BOARD MEET;;:; 1, 1997
Page 1 of 1
NO.
15. BUDGET AND FINANCE a
DATE
TYPE OF ACTION
April 22, 1997
APPROVE EQUIPMENT BUDGET
SUBJ ECT
APPROVE THE 1997-1998 EQUIPMENT BUDGET FOR INCLUSION IN THE 1997-1998 DISTRICT BUDGET
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPTJDIV
Administrative/Finance & Accounting
ISSUE: The District's 1997-1998 Equipment Budget is submitted for approval.
BACKGROUND: The 1997-1998 Equipment Budget was submitted for review at a Board Capital Projects
Committee Meeting/Board Workshop on April 10, 1997, and is scheduled for approval by the Board on May
1, 1997.
The Board Capital Project Committee requested that a table be included which indicated the salvage value
of equipment items that were being replaced. This table is included behind the five-year summary table.
Also, the total Equipment Budget increased from $628,877 to $631,740 due to a correction in the price of
the model AS-2000 Autovap Sample Processing System included in the Plant Section of the Budget.
A new sedan costing $23,000 is included under Vehicle Replacement to replace the General Manager-Chief
Engineer's vehicle which is the oldest in the fleet. At the Board Workshop, the General Manager-Chief
Engineer discussed the possibility of a car allowance in lieu of purchasing a new fleet car. A position paper
will be prepared for a regularly scheduled Board Meeting in the near future to allow discussion by the full
Board on the car allowance option. The $23,000 will be left in the Equipment Budget for approval in the
event that the Board chooses not to approve the car allowance option.
The approved 1997-1998 Equipment Budget will be scheduled for adoption with the 1997-1998 Personnel,
Operations and Maintenance, Self-Insurance Fund, and Capital Improvement Budgets on June 19, 1997.
RECOMMENDATION: Approve the 1997-1998 Equipment Budget for inclusion in the 1997-1998 District
Budget to be adopted on June 19, 1997.
DR
AND RECOMIVENDED FOR BOARD ACTION
INITIATING DEPARTMENTJDIVISlON
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