HomeMy WebLinkAboutMINUTES - 07231985 - T.1 1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3
4 Re: Condemnation of Property )
for Public Road Purposes , ) RESOLUTION OF NECESSITY
5 Appian Way Widening Project NO. 85/441
EI Sobrante Area )
6 (C.C.P. Sec. 1245. 230)
7
8 The Board of Supervisors of Contra Costa County, California,
9 by vote of two-thirds or more of its members, RESOLVES THAT
10 Pursuant to Government Code Section 25350. 5 and Streets
11 & Highways Code Section 943 , the County of Contra Costa
12 intends to construct a road reconstruction project, a public
13 improvement, to widen Appian Way, E1 Sobrante area, and, in
14 connection therewith, acquire interests in certain real
15 property.
16 The property to be acquired consists of 12 parcels and 'is
17 generally located in the E1 Sobrante area on Appian Way
18 between Fran Way in E1 Sobrante and Michael Drive in Pinole.
19 The said property is more particularly described in Appendix
20 "A" , attached hereto and incorporated herein by this reference.
21 On June 25, 1985 , this Board passed a resolution of intention
22 to adopt a resolution of necessity for the acquisition by
23 eminent domain of the property described in Appendix "A"
24 (Resolution No. 85/368) and fixing July 23, 1985 at 10: 30
25 a.m. , in its Chambers in the Administration Building, 651
26 Pine Street, Martinez, California, as the time and place
27 for the hearing thereon.
28 The hearing was held at that time and place, and all
1 interested parties were given an opportunity to be heard and
2 based-upon the evidence presented to it, this Board finds,
3 determines and hereby declares the following:
4 1. The public interest and necessity require the proposed
5 project; and
6 2. Proposed project is planned and located in the manner
7 which will be most compatible with the greatest public good
8 and the least private injury; and
9 3. The property described herein is necessary for the
10 proposed project; and
11 4. The offer required by Section 7267. 2 of the Government
12 Code was made to the owner or owners of record.
13 The County Counsel of this County, and any special counsel
14 associated by him, are hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County' s name, by condemnation, the titles,
16 easements and rights of way hereinafter described in and to
17 said real property or interest(s) therein, in accordance with
18 the provisions for eminent domain in the Code of Civil Procedure
19 and the Constitution of California:
20 To prepare and prosecute in the County' s name such proceedings
21 in the proper court as are necessary for such acquisition:
22 Parcels 5, 6, 10 and 11 are sought to be acquired in fee,
23 Parcels 5A, 10A and 11A as temporary construction easements
24 to expire December 31, 1986.
25 - To deposit the probable amount of compensation, based on an
26 appraisal, and to apply to said court for an order permitting the
27 County to take immediate possession and use said real property
28 for said public uses and purposes.
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1 PASSED and ADOPTED on, by the following vote:
2 AYES: Supervisors Powers, McPeak, Toriakson and Fanden
3 NOES: None
4 ABSENT: Supervisor Schroder
5 I HEREBY CERTIFY that the foregoing resolution was duly and
6 regularly introduced, passed and adopted by the vote of two-
7 thirds or more of the Board of Supervisors of Contra Costa
8 County, California, at a meeting of said Board on the date
9 indicated.
10 Date: July 23, 1985
11
12
Phil Batchelor, Clerk of the
13 Board of Supervisors and
County Administrator
14
15 0
16 By: Deput
17
18
19 cc: Public Works Department,
Real Property Division
2U Auditor-Controller
County Counsel (Certified Copy)
21
22
23
24
25
26
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28
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APPENDIX "A•
PARCEL 5 (BOWMAN ESTATE-FEE)
A portion of that parcel of land referred to in the instrument to Clell
Bowman recorded December 26, 1975 in Book 7722 at Page 561 of Official
Records of Contra Costa County, California, described as follows:
Beginning on the southeasterly line of that parcel of land referred to in
said instrument (7722 OR 561) at the easterly line of Appian Way as said
road was described in deed to Contra Costa County recorded March 9, 1939 in
Book 509 at Page 236 of Official Records of said County; thence from said
Pbint of Beginning along said easterly line of Appian Way, North 250 00' 00"
West 21.84 feet; thence northerly along the arc of a tangent curve concave to
the west having a radius of 2024.87 feet through a central angle of 10 53'
C2", a distance of 66.58 feet; thence non-tangent to said curve, North 200
37' 39" West 91.85 feet to the northwesterly line of said Bowman Parcel
(7722 OR 561) ; thence along said line North 380 33' 30" East 6.97 feet;
thence leaving said line South 310 44' 43" East 168.37 feet to the south-
easterly line of said Bowman Parcel ; thence along said line South 380 33'
30" West 35.66 feet to the Point of Beginning.
Containing an area of 3,738 square feet of land, more or less.
PARCEL 5A (BOWMAN ESTATE - TEMPORARY CONSTRUCTION EASEMENT)
A temporary construction easement to expire 12/31/86.
Commencing at the Point of Beginning as described above in Parcel 5; thence
from said point of Commencement along the southeasterly line (7722 OR 561),
North 380 33' 30" East, 35.66 feet to the Point of Beginning of the following
described parcel ; thence continuing along said line North 380 33' 30" East,
27.00 feet; thence leaving said line North 510 28' 12' West, 75.32 feet to
the northeasterly line of said Parcel 5; thence along said northeasterly
line, South 310 44' 43" East, 80.00 feet to the Point of Beginning.
Containing an area of 1,017 square feet of land, more or less.
PARCEL 6 (BOWMAN ESTATE-FEE)
A portion of that parcel of land referred to in the instrument to Cleli
Bowman recorded December 26, 1975 in Book 7722 at Page 563 of Official
Records of Contra Costa County, California, described as follows:
Beginning at the most southerly corner of said Bowman parcel (7722 OR 563);
thence along the westerly line of said parcel , North 200 37' 39" West 34.04
feet; thence leaving said line, South 310 44' 43" East 31.05 feet to the
southeasterly line of said Bowman parcel ; thence along said line, South 380
33' 30" West 6.97 feet to the Point of beginning.
Containing an area of 102 square feet of land, more or less.
Page 1 of 3
PARCEL 10 (APPIAN WAY ASSOCIATES-FEE)
A portion of that parcel of land described in the instrument to Appian Way
Associates recorded October 12, 1979 in Book 9574 at Page 434 of Official
Records of Contra Costa County, California, described as follows:
Beginnin at the most northerly corner of said Appian Way Associates Parcel
of land 9514 OR 434) at the westerly line of Appian Way as said road right
of way was described in deed to Contra Costa County recorded February 8,
1966 in Book 5053 at Page 561 of Official Records of said County, from
which point a radial line of a curve concave to the northeast having a
radius of 1240.00 feet bears North 720 58' 13" East; thence leaving said
westerly line, North 310 44' 43" West 61.14 feet; thence northwesterly
along the arc of a tangent curve concave to the northeast having a radius
of 687.00 feet through a central angle of 160 31' 1811, a distance of 198.10
feet to the said northwesterly line of Appian Way Associates Parcel (9574 OR
434) ; thence along said northwesterly line, North 620 46' 38' East 10.92
feet to the Point of Beginning.
Containing an area of 2,048 square feet of land, more or less.
PARCEL 10A (APPIAN WAY ASSOCIATES-TEMPORARY CONSTRUCTION EASEMENT)
A temporary construction easement to expire 12/31/86.
Beginning on the northwesterly line of said Appian Way Associates parcel of
land (9574 OR 434) at the westerly line of the above described Parcel 10;
thence long said northwesterly line, South 620 46' 38" West 21.50 feet;
thence leaving said line South 250 05' 47" East 102.89 feet; thence South
340 45' 00" East 95.00 feet to a point on the said westerly line of Parcel
10 from which a radial line of a curve concave to the northeast having a
radius of 687.00 feet bears North 580 15' 17" East; thence northwesterly
along said non-tangent curve through a central angle of 160 31' 18", a
distance of 198.10 feet to the Point of Beginning.
PARCEL 11 (CLARK ESTATE-FEE)
A portion of that parcel of land in the instruments to Helen M. Clark
recorded February 18, 1966 in Book 5061 at Page 345 of Official Records and
recorded May 2, 1977 in Book 8311 at Page 959 of Official Records of Contra
Costa County, California, described as follows:
Beginning at the most easterly corner of said Clark Parcel (8311 OR 959) ;
thence from said Point of Beginning along the southeasterly line of said
Clark Parcel South 620 46' 38" West 18.23 feet to a point from which a
radial line of a curve concave to the east having a radius of 687.00 feet
bears North 740 46' 35" East; thence northerly 153.08 feet along the arc of
safd curve through a central angle of 120 46' 01"; thence North 20 27' 54"
West 51.67 feet to the northerly line of said Clark Parcel (8311 OR 959) ;
thence along said northerly line, North 870 51' 20" East 4.64 feet to the
westerly right of way line of Appian Way from which point a radial line of a
curve concave to the north having a radius of 1224.92 feet bears North 830
47' 07" East; thence southerly 198.16 feet along the arc of said curve
through a central angle of 90 16' 09" to the Point of Beginning.
Page 2 of 3
PARCEL 11A (CLARK ESTATE-TEMPORARY CONSTRUCTION EASEMENT)
A temporary construction easement to expire 12/31/86.
Beginning on the southeasterly line of said Clark parcel of land (8311 OR
959) at the most southerly corner of the above described Parcel 11; thence
along said southeasterly line, South 620 46' 38" West 21.50 feet; thence
leaving said line North 250 05' 47" West 35.32 feet; thence North 30 00' 00"
West 180.00 feet to the northerly line of said Clark parcel (8311 OR 959);
thence along said northerly line, North 870 51' 20" East 17.84 feet to the
westerly line of said Parcel 11; thence along . said westerly line, South 20
27' 54" East 51.67 feet; thence southerly along the arc of a tangent curve,
concave to the west having a radius of 687.00 feet through a central angel
of 120 46' 0111, a distance of 153.08 feet to the Point of Beginning.
Containing an area of 4,281 square feet of land more or less.
GK:AppA.Appian
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