HomeMy WebLinkAboutMINUTES - 09121989 - T.5 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2
Condemnation of Property )
3 For Road Purposes )
Highway 4 Widening Project ) RESOLUTION OF NECESSITY
4 Discovery Bay Area ) NO. 89/ 613
(Code of Civ. Proc. 5 1245 . 230)
5
6 The Board of Supervisors of Contra Costa County,
7 California by vote of two-thirds or more of its members,
8 RESOLVES that:
9 Pursuant to Government Code section 25350 .5 and
10 Streets and Highways Code section 943, Contra Costa County
11 intends to construct a road reconstruction project, a public
12 improvement .to widen a portion of State Highway 4 in the
13 Discovery Bay area, and in connection therewith, acquire
14 interests in certain real property.
15 The property to be acquired consists of two (2)
16 parcels and is generally located in the Discovery Bay area. The
17 said property is more particularly described in Appendix "A" ,
18 attached hereto and incorporated herein by reference.
19 On August 24, 1989, notice of the County's intention
20 to adopt a resolution of necessity for the acquisition by
21 eminent domain of the property described in Appendix "A" was
22 sent to persons whose names appear on the last equalized County
23 Assessment Roll as the owners of said property. The notice
24 specified September 12, 1989 at 11:00 a.m. in the Board of
25 Supervisors Chambers in the Administration Building, 651 Pine
26 Street, Martinez, California, as the time and place for the
27 hearing thereon.
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RESOLUTION NO . 89/613
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project; and
7 2. The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public
9 good and the least private injury; and
10 3 . The property described herein is necessary for the
11 proposed project; and
12 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The County's counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of Contra Costa County, by
17 condemnation, the titles, easements and rights of way as set
18 forth in Appendix "A" , in and to said real property or interests
19 therein, in accordance with the provisions of eminent domain in
20 the Code of Civil Procedure and the Constitution of California:
21 Parcel 1 is to be acquired in fee title and Parcel lA is to be
22 acquired as a permanent easement.
23 To prepare and prosecute in the County's name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26
27
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1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3 permitting the County to take possession and use said real
4 property for said public uses and purposes.
5 PASSED and ADOPTED on September 12, 1989, by the
6 following vote:
7 AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson
8 NOES: None
9 ABSENT: None
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was
13 duly and regularly introduced, passed and adopted by the vote of
14 two-thirds or more of the Board of Supervisors of the Contra
15 Costa County, California, at a meeting of said Board on the date
16 indicated.
17 Dated: September 12, 1989
18 Phil Batchelor, Clerk of the
Board of Supervisors and
19 County Administrator
20
21 By A 2j."i
22 Deputy
23 cc: Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
26
27
28 SLA-da
da2:byroa78.res \
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State Highway 4
Byron Seventy-Eight
APPENDIX "pin
PARCEL 1 — FEE TITIE
A portion of that parcel of land described in the deed to Byron Seventy-
Eight recorded June 30, 1986 in Book 12914 at page 288, Official Records of
Contra Costa County, California, described as follows:
Beginning at the southeasterly corner of said Byron Seventy-eight parcel
(12914 O.R. 288) , thence from said Point of Beginning, along the southerly
line of said parcel, said Line being the northerly right of way line of
State Highway 4, north 890 16' 22" west 772.47 feet; thence leaving last
said line, north 00 59' 07" east 32.11 feet to the point of intersection
with the westerly prolongation- of the southerly line of Parcel B as said
Parcel B is shown on the map of "Subdivision 6760 Discovery Bay" filed June
23, 1988 in Book 323 of Maps at page 9 Records of said County; thence, along
the said westerly prolongation of the southerly line of Parcel B (323 M 9) ,
south 890 00' 53" east 772.44 feet to a point on the easterly line of said
Byron Seventy-eight parcel (12914 O.R. 288) , said point being the southwes-
terly corner of said Parcel B (323 M 9) ; thence along the said easterly line
(12914 O.R. 288) south 00 56' 27" west 28.63 feet to the Point of Beginning.
Containing an area of 0.539 acre of land, more or less.
PARCEL lA - PERMANENT EASEMENT
A portion of that parcel of land described in the deed to Byron Seventy-
Eight recorded June 30, 1986 in Book 12914 at page 288, Official Records of
Contra Costa County, California, described as follows:
Beginning at a point on the easterly line of said Byron Seventy-eight parcel
(12914 O.R. 288) , said point being the southwesterly corner of Parcel B as
.said parcel is shown on the map of "Subdivision 6760 Discovery Bay" filed
June 23, 1988 in Book 323 of Maps at page 9, Records of said County; thence
from said Point of Beginning, along the westerly prolongation of the
southerly line of said Parcel B (323 M 9) , north 890 00' 53" west 44.00
feet; thence leaving said line, north 320 44' 26" east 83.50 feet to a point
on the easterly line of said Byron Seventy-eight parcel (12914 O.R. 288) ;
thence, along said easterly line, south 00 56' 27" west 71.00 feet to the
Point of Beginning.
Containing an area of 1562 square feet of land, more or less.
Bearings used in the above description are based on the California Coor-
dinate System Zone III (CCS 27) .
I K: :rs
ex:byron.A
(3/31/89)