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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: September 22, 1987
MATTER OF RECORD
SUBJECT: Condemnation of real property needed for roadway overpass,
Subdivision 6333, Oakley area.
The Board this day held a hearino on the proposed condemnation
of real property needed for the roadway overpass for Subdivision
6333, Oakley area, and adopted Resolution No. 87/578, approvinn same.
During the hearinn process, Ceclia Rodrioues, Rt. 3, Box 1 ,
Oakley, appeared in opposition to the condemnation of said property
and also opposed the value placed on her land by the appraiser and the
amount offered to her for said land.
THIS IS A MATTER OF RECORD TO BE ENTERED INTO THE MINUTES
OF SEPTEMBER 22, 1987 IN CONJUNCTION l,!ITH RESOLIJTION NO. 87/578.
cc: Pub Yorks, Real Property
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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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Condemnation of Property )
4 for Public Road Purposes ) RESOLUTION OF NECESSITY
NO. 87/ 578
5 Oakley__Area_W_O_ 5539 ) (C.C.P.—Sec. 1245 . 230 )
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The Board of Supervisors of Contra Costa County, California,
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by vote of two-thirds or more of its members , RESOLVES that :
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Pursuant to Government Code Section 25350. 5 and Streets &
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Highways Code Section 943 , Contra Costa County intends to
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construct road improvements and, in connection therewith, acquire
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interests in certain real property.
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The property to be acquired consists of one parcel and is
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generally located in the Oakley area , north side of Highway 4
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(Main St . ) westerly of Norcross Lane. The said property is more
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particularly described in Appendix "A" , attached hereto and incor-
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porated herein by reference.
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On September 1 , 19879 this Board passed a resolution of inten-
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tion to adopt a resolution of necessity for the acquisition by
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eminent domain of the property described in Appendix "A"
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(Resolution No. 87531) and fixing September 22 , 1987 , in its
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Chambers in the Administration Building, 651 Pine Street ,
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Martinez, California, as the time and place for the hearing
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thereon.
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25 The hearing was held at that time and place, and all
26 interested parties were given an opportunity to be heard and based
27 upon the evidence presented to it , this Board finds , determines
28 and hereby declares the following:
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RESOLUTION NO . 87/578
1 1 . The public interest and necessity require the proposed
2 project ; and
3 2 . T17ije proposed project is planned and located in the manner
4 which will be most compatible with the greatest public good and
5 the least private injury; and
6 3 . The property described herein is necessary for the pro-
7 posed project ; and
8 4 . The offer required by Section 7267 . 2 of the Government
9 Code was made to the owner or owners of record.
10 The County Counsel of this County or any counsel associated by
11 him is hereby AUTHORIZED and EMPOWERED:
12 To acquire in the County' s name, by condemnation, the titles ,
13 easements and rights of way hereinafter described, in and to said
14 real property or interests therein, in accordance with the pro-
15 visions for eminent domain in the Code of Civil Procedure and the
16 Constitution of California:
17 Parcel One is to be acquired in fee title .
18 To prepare and prosecute in the County' s name such proceedings
19 in the proper court as are necessary for such acquisition;
20 To deposit the probable amount of compensation, based on an
21 appraisal , and to apply to said court for an order permitting the
22 County to take immediate possession and use said real property
23 for said public uses and purposes .
24 PASSED and ADOPTED on September 22 , 1987 , by the following
25 vote:
26 AYES : Supervisors Powers , Fanden, Schroder, Torlakson $ McPeak
27 NOES: None
28 ABSENT: None
RESOLUTION NO. 87/578
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1 ABSTAIN:
2 I HEREBY CERTIFY that the foregoing resolution was duly and
3 regularly introduced, passed and adopted by the vote of two-thirds
4 or more of the Board of Supervisors of Contra Costa County,
5 California, at a meeting of said Board on the date indicated.
6 Dated: September 22 , 1987
Phil Batchelor , Clerk of the
7 Board of Supervisors and County
Administrator
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9 By: -- -----
Deputy
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cc: Public Works Department ,
11 Real Property Division
Auditor-Controller
12 County Counsel (Certified Copy)
County Administrator
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28 RESOLUTION NO. 87/578
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SUBDIVISION 6333
VINTAGE PARKWAY OVERPASS
RODRIGUES PROPERTY
APPENDIX "A"
THAT PORTION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
A PORTION OF THE PARCEL OF LAND DESCRIBED AS "PARCEL ONE" BEING CONVEYED TO
CECELIA MIGUEL RODRIGUES BY THE ORDER OF DISTRIBUTION RECORDED JULY 23,
1981, IN BOOK 10419 OF OFFICIAL RECORDS AT PAGE 281, CONTRA COSTA COUNTY
RECORDS, AND BEING FURTHER DESCRIBED AS FOLLOWS:
PARCEL ONE: (FEE - ROADWAY)
COMMENCING AT THE SOUTHEASTERN CORNER OF SAID RODRIGUES PARCEL (10419 OR
281) ; BEING A POINT ON THE SOUTHERN LINE OF SECTION 23, T. 2 N. , R. 2 E. , M.
D. B. & M. ; THENCE FROM SAID POINT OF COMMENCEMENT, N 0052'34" E 30.00 FEET
TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF STATE HIGHWAY 4, AS IT NOW
EXISTS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE
POINT OF BEGINNING, ALONG SAID RIGHT OF WAY LINE, PARALLEL TO SAID SECTION
LINE, N 89007'26" W (THE BEARING N 89007'26" W IS TAKEN FOR THE PURPOSE OF
THIS DESCRIPTION) 268.00 FEET; THENCE N 0052'34" E 16.00 FEET; THENCE N 870
51 '18" E 171.29 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE
CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 86058'44", HAVING A
RADIUS OF 20.00 FEET, AN ARC LENGTH OF 30.36 FEET; THENCE N 0052'34" E
225.99 FEET; THENCE N 26026'52" W 128.38 FEET; THENCE N 0052'34" E 80.49
FEET; THENCE N 12000'26" W 280.00 FEET; THENCE N 0052'34" E 100.00 FEET TO
THE SOUTHERN RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD;
THENCE ALONG SAID RAILROAD RIGHT OF WAY, S 66021'30" E 216.20 FEET; THENCE S
0052'34" W 754.82 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2.43 ACRES, MORE OR LESS.
AJA:rs
ex:rod
(09-24-87)