HomeMy WebLinkAboutMINUTES - 08141990 - H.2 H. 2
THE HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE REDEVELOPNENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 14 , 1990 by the following vote:
AYES: Commissioners Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
r
SUBJECT: Hearing on Proposed Condemnation of )
Real Property Needed for Area 4, )
Premiere Apartments, in the Pleasant)
Hill BART Station Area. )
Jim Kennedy, Redevelopment Director, presented the staff report
dated August 14, 1990 relative to the Resolution of . Necessity.
He commented that affected property owners had been notified of
this nearing. He commented on the staff recommendation to open
the hearing, take testimony, close the hearing and order that a
copy of the staff report be filed with the Clerk of the Board
and that the Board make the required findings and adopt the
Resolution of Necessity to acquire the eleven properties through
eminent domain if necessary.
The public hearing was opened and the following people appeared
to speak:
Supervisor Schroder advised of a letter from Julius C.
Deubner and Jane C. Daubner, 72 E1 Gavilan, Orinda, expressing
concerns and requesting a deferral of the Resolution of Necessity
for thirty days.
Ted Schlink, 3123 Wayside Lane, Walnut Creek, attorney for
Mr. Robert Jensen, reserved comment at this time and advised
tha-t;. they are currently in negotiations with the County to
resolve the issue.
The public hearing was closed.
IT IS BY THE BOARD AS THE REDEVELOPMENT AGENCY OF CONTRA COSTA
COUNTY ORDERED that Resolution No. RA 90-8 relative to the
condemnation of Property for Redevelopment Purposes, Contra
Costa County Redevelopment Agency, Walnut Creek area, Project
No. 7891-6X5536 is ADOPTED.
Orig Dept. Clerk of the Board I hereby certify that this Is a I=and correct copy of
cc• Redevelopment Agency an action taken and entered on the minutes of the
Redevelopme gency on the date shown.
Community Development
County Counsel ATTESTED:
Public Works Department-Real Property PHI 8 CHELOR,Agency Secretary
tI b
By Deputy
SRA5/jb/premapts,.res
H.2
1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2 Condemnation of Property.-For ) RESOLUTION OF NECESSITY
Redevelopment Purposes,_' ) No. RA 90-8
3 Contra Costa County ) 0 Lt„
Redevelopment Agency, ) (Code of Civ. Proc. ,
4 Pleasant Hill BART, Station ) 1245 . 230 and Health &
Area, Project No. 7891-6X5536 ) Safety Code, S 33391 )
5 )
6 The Contra Costa County Redevelopment Agency by vote of
7 two-thirds or more of the Commissioners, RESOLVES that:
8 Pursuant to Health and Safety Code section 33391, the
9 Contra Costa County Redevelopment Agency intends to acquire
10 interest in certain real property for redevelopment purposes, a
11 public improvement, within the Pleasant Hill BART-D Station
12 Redevelopment area.
13 The property to be acquired consists of 5 parcels and
14 is generally located in the Pleasant Hill BART-D Station area.
15 Said property is more particularly described in Appendix "A" ,
16 attached , hereto and incorporated herein by reference.
17 On July 26, 1990, notice of the Redevelopment Agency's
18 intention to adopt a Resolution of Necessity for acquisition by
19 eminent domain of the real property described in Appendix "A"
20 was sent by first class mail and certified mail to persons whose
21 names appear on the last equalized County Assessment Roll as
22 owners of said property. The notice specified August 14, 1990
23 at 11 : 00 a.m. in the Board of Supervisors Chambers, Room 108, in
24 the Administration Building, 651 Pine Street, Martinez,
25 California, as the time and place for the hearing thereon.
26 The hearing was held at that time and place, and all
27 interested parties were given an opportunity to be heard. Based
28
RA 90-8
1 upon the evidence presented to it, this Board finds, determines
2 and hereby declares the following:
3 1 . The public interest and necessity require the
4 proposed project; and
5 2 . The proposed project is planned and located in the
6 manner which will be most compatible with the greatest public
7 good and the least private injury; and
8 3 . The property described herein is necessary for the
9 proposed project; and
10 4 . The offer required by section 7267 . 2 of the
11 Government code was made to the owner or owners of record.
12 The County Counsel of this County, acting on behalf of
13 the Agency, and any special counsel associated by him, is hereby
14 AUTHORIZED and EMPOWERED:
15 To acquire in the Agency's name, by condemnation, the
16 title, hereinafter described in and to said real property or
17 interests therein, in accordance with the provisions of eminent
18 domain in the Code of Civil Procedure and the Constitution of
19 California: Parcels One through Five are to be acquired in fee.
20 To prepare and present in the Agency' s name such
21 proceedings in the proper. court as are necessary for such
22 acquisition; and
23 To deposit the probable amount of compensation, based
24 on an appraisal, and to apply to said court for an order
25 permitting the Agency to take immediate possession and use said
26 real property for said public uses and purposes .
27
28
2
1 PASSED and ADOPTED on August 14, 1990 by the following
2 vote:
3
4 AYES: Supervisors Powers, Schroder, McPeak, Torlakson & Fanden
5 NOES: None
6 ABSENT: None
7 ABSTAIN: None
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Contra Costa County Redevelopment Agency,
11 at a meeting of said Agency on the date indicated.
12
13 Dated: August 14, 1990
14 Phil Batchelor
Agency Secretary
15
16 By: 1:90LAJ .LL
17
cc: Public Works Department
18 Real Property Division
Auditor-Controller
19 County Counsel (certified copy)
Redevelopment Agency
20
21
22
23
24
25
26
df6:s1a\p1eading\ccrneUus.res
27
28
3
Contra Costa County Redevelopment Agency
Area 4/Premiere,Apt.
Appendix 'A'•
Parcel One: Cornelius (148-192-004)
The land referred to in this description is situated in the State of California, County of
'Contra Costa, an unincorporated area, and is described as follows:
Portion of the Rancho Las Juntas, described as follows:
Beginning at the southeast corner of the 2.84 acre parcel of land described in the Deed
from Benj. A. Brockhurst, et ux., to Artice S. Warner, dated December 3, 1946, and
recorded December 11, 1946, in Volume 424 of Official Records, at Page 185; thence
from said point of beginning North 87 16' West along the south line of said Parcel,
249.41 feet; thence South 5e 15' West, 69.97 feet; thence South 84° 50' 54" East, 138.34
feet; thence South 50 21' West, 16.32 feet; thence North 890 16' East, 110.34 feet to the
center line of the County Road known as Sunset Lane, also called Wayside Lane as
described in the Deed from Virgil F. Taylor, et al.,to Contra Costa County, dated May 20,
1952, and recorded May 22, 1952, in Volume 1936 of Official Records, at Page 372;
thence North 50 15' East along said center line 100.55 feet to the point of beginning.
EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed from
Lewis H. Albers, et al., dated May 20, 1952, and recorded May 22, 1952, in Volume 1936
of Official Records, at Page 372.
Parcel Two: Cornelius (148-192-005)
Portion of Rancho Las Juntas, described as follows:
Beginning on the center line of the County Road known as Sunset Lane, also called
Wayside Lane as described in the Deed from Virgil F. Taylor, et al., to Contra Costa
County, dated May 1952, and recorded May 22, 1952, in Volume 1936 of Official Records,
at Page 372, distant thereon South 50 15'West, 100.55 feet from the south line of the 2.84
acre parcel of land described in the Deed from Benj. A. Brockhurst, et ux., to Artice S.
Warner dated December 3, 1936, and recorded December 11, 1936, in Volume 424 of
Official Records, at Page 185; thence from said point of beginning South 50 15' West
along said center line 13.26 feet; thence South 870 51' West, 117.68 feet; thence North
840 51' 34" West, 131.35 feet; thence North 50 15' East 33.25 feet to a point that bears
South 50 15' West, 69.97 feet from the southwest corner of said Warner Parcel (424 OR
185); thence South 840 50' 54" East 138.34' thence South 50 21' West, 16.32 feet; thence
North 890 16' East, 110.34 feet to the point of beginning.
EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed from
Lewis H. Albers, et al., dated May 20, 1952 and recorded May 22, 1952, in Volume 1936
of Official Records, at Page 372.
KM;m
c comet.ex
Contra Costa County Redevelopment Agency
Area 4/Premiere Apt.
Appendix 'A'
`parcel Three: Jensen (148-192-006)
Portion of the Rancho Las Juntas, described as follows:
Beginning on the center line of the County road known as Sunset Lane, also called
Wayside Lane as described in the deed from Virgil F. Taylor, at al., to Contra Costa
County, dated May 20, 1952, and recorded May 22, 1952 in Volume 1936 of Official
Records, at page 372, Distant thereon south 50 15' west, 113.81 feet from the south line
of the 2.84 acre parcel of land described in the deed from Benj. A. Brockhurst, at ux.,to
Artice S. Warner, dated December 3, 1946, and recorded December 11, 1946, in Volume
424 of Official Records, at page 185; thence, from said point of beginning south 87° 51'
west, 117.68 feet; thence north 840 51' 34" west, 131.35 feet to a point that bears south
50 15' west, 103.22 feet from the southwest corner of said Warner parcel (424 OR 185)
thence south 50 15' west 103.78 feet to the north line of the 1.09 acre parcel of land
described in the deed from Benj. A. Brockhurst, at ux.,to Emma May Goldsworthy, at ux.,
dated March 18, 1925, and recorded April 23, 1925, in Volume 505 of Deeds at page 176;
thence north 880 05' east along said north line, 250 feet to the center line of said County
road; thence north 50 15' east, along said center line 88 feet to the point of beginning.
EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed from
Lewis H. Albers, at al., dated May 20, 1952, and recorded May 22, 1952, in Volume 1936
of Official Records, at Page 372.
*A:n
c:jensen.ex
August 21. 1990
Contra Costa County Redevelopment Agency
Area 4/Premiere Apt.
Appendix •A`
Parcel Four: Deubner (148-192-009)
The land referred to in this description is situated in the State of California, County of
Contra Costa, an unincorporated area, and is described as follows:
Portion of the Rancho Las Juntas, described as follows:
Commencing at the intersection of the western line of the right of way of the Southern
Pacific Railroad (San Ramon Branch) with the southern boundary line of the'ten acre
parcel of land described in the Deed to Henry E. Brown, recorded in Book 146, Deeds,
Page 232; thence along said western line of said right of way South 70 20' 20" West,
888.39 feet to a point of the northern line of County Road known as Las Juntas Way; as
said road existed in January 1960; thence along the northern line of said road South 88°
05' West, 400.67 feet to the true point of beginning of this description; thence North 01°
55' West, 189.52 feet to a point on the north line of that parcel of land described in the
Deed to Job Henry West, et ux., recorded December 19, 1938, Book 486, Official
Records, Page 499; thence running along the exterior lines of said west parcel, South 880
05' West, 66.17 feet and South 50 15' West, 191.01 feet to a point on the northern line of
the said County Road; thence North 880 05' East, along said northern line, 90.00 feet to
the true point of beginning.
EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed
recorded July 28, 1961, Book 3919, Page 258, Official Records.
Mrs
c:deubner.ex
August 21,1990
Contra Costa County Redevelopment Agency
Area 4/Premiere Apt.
Appendix "M
K
parcel Five: Sutter (148-195-015)
The land referred to in this description is situated in the State of California, County of
Contra Costa, an unincorporated area, and is described as follows:
Portion of the Rancho Las Juntas, described as follows:
Beginning at the west line of the right of way of the Southern Pacific Railroad Company
(San Ramon Branch) distant thereon South 70 20' 20" West, 631.70 feet from the south
line of the 10 acre parcel of land described in the Deed to Henry E. Bown, recorded
September 14, 1909, Book 146, Deeds, Page 232; thence from said point of beginning
South r 20' 20" West along the west line of said Railroad right of way, 76.41 feet to the
south line of the parcel of land described as Parcel One in the Deed to Naomi F. West,
recorded June 13, 1945, Book 817, Official Records, Page 239; thence South 880 05'
West along the south line of said West Parcel 247.20 feet to the southwest corner thereof;
thence North 5e 15' East along the west line of said West Parcel, 76 feet to a point which
bears South 880 05' West from the point of beginning, thence North 88° 05' East, 250.01
feet to the point of beginning.
EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed from
Vincent Rositano, et al., and recorded May 22, 1952, Book 1936 of Official Records, Page
372.
ALSO EXCEPTING THEREFROM: The interest conveyed to the County of Contra Costa,
by Deed from John H. Sutter, recorded November 3, 1977, Book 8576, Official Records,
Page 307.
IGA:rs
e:sutter.ex
August 21, 1990