HomeMy WebLinkAboutMINUTES - 08111992 - H.2 H.2
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property )
3 for Public Road ) Resolution of Necessity
Purposes, West Cypress ) No. 92/557
4 Road Bike Path, Oakley ) (C .C.P. Sec. 1245 . 230 )
Area, )
5 )
6
7 The Board of Supervisors of Contra Costa County,
8 California, by vote of two-thirds or more of its members,
9 RESOLVES that:
10 Pursuant to Government Code Section 25350 .5 and Streets
11 and Highways .Code Section 943, Contra Costa County intends to
12 construct a bike path project, a public improvement, to widen
13 West Cypress Road area, and, in connection therewith, acquire
14 interest in certain real property.
15 The property to be acquired consists of 1 parcel and is
16 generally located in the Oakley area . The said property is more
17 particularly described in Appendix "A" , attached hereto and
18 incorporated herein by this reference.
19 On July 22, 1992, notice of the County' s intention to
20 adopt a resolution of necessity for acquisition by eminent domain
21 of the real property described in Appendix "A" was sent to
22 persons whose names appear on the last equalized County
23 Assessment Roll as owners of said property. The notice specified
24 August 11 , 1992, at 11 : 00 a .m. in the Board of Supervisors
25 Chambers in the Administration Building, 651 Pine Street,
26 Martinez, California; as the time and place for the hearing
27 thereon.
28
RESOLUTION_ NO. 92/557
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 Counsel of this County is hereby AUTHORIZED -
I
15 and EMPOWERED:
16 To acquire in the County' s name, by condemnation, the
17 titles , easements and rights of way hereinafter described in and
18 to said real property or interest(s ) therein, in accordance with
19 the provisions for eminent domain in the Code of Civil Procedure
20 and the Constitution of California:
21 Parcel ( s ) 12 is to be acquired in the fee title.
22 To prepare and prosecute in the County' s name such
23 proceedings in the proper court as are necessary for such
24 . acquisition;
25 To deposit the probable amount of compensation, based
26 on an appraisal , and to apply to said court for an order
27
28 ///
1 permitting the County to take immediate possession and use said
2 real property for said public uses and purposes .
3 PASSED and ADOPTED on August 11 , 1992, by the following
4 vote:
5 AYES : Supervisors Powers, Schroder, Torlakson and McPeak
6 NOES: None
7 ABSENT: Supervisor Fanden
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 Board of Supervisors of Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: August 11 , 1992
14
Phil Batchelor, Clerk of the
15 Board of Supervisors and
County Administrator
16 17 By: &j2a�
Deputy
18
19
cc : Public Works Department,
20 Real Property Division
Auditor-Controller
21 County Counsel (Certified copy)
df11(2):p1eading\bik-path.oak
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` Road #8174 - West Cypress Road
Bike Lane Site 3
Parcel 12
Ptn. APN 035-070-016
APPENDIX "A"
PARCEL 12 (Stolman - Fee)
Real property in the unincorporated area of Oakley, Contra Costa County, California,
being a portion of the southeast quarter of Section 26, Township 2 North, Range 2 East,
Mount Diablo Meridian. References to monuments, property lines, right-of-way lines, and
ownerships are to records of said County.
A portion of that parcel of land described in the deed to Mark D. Stolman recorded
September 21, 1989 in Volume 15360 of Official Records at page 613, described as
follows:
Commencing at the street monument marking the east quarter corner of Section 26 (T2N,
R2E); thence along the midsection line of Section 26, north 89°15'21" west 22.50 feet, to
the northerly prolongation of the west right-of-way line of O'Hara Avenue; thence along
said prolongation, south 0044'39" west 20.00 feet, to the True Point of Beginning, being
a point on the south right-of-way line of West Cypress Road; thence from the True Point
of Beginning, along said south right-of-way line, north 89015'21" west 202.18 feet, to the
west line of said Stolman parcel (15360 O.R. 613); thence along said west line, south
0044'39" west 1.00 foot; thence south 89015'21" east 30.05 feet; thence south 0044'39"
west 2.00 feet; thence south 89°15'21" east 10.00 feet; thence north 0044'39" east 2.00
feet; thence south 89°15'21" east 137.13 feet to a curve concave to the southwest having
a radius of 25.00 feet; thence along the arc of said curve, easterly, southeasterly, and
southerly 39.27 feet, through a central angle of 90000'00", to a point of cusp on the west
right-of-way line of O'Hara Avenue; thence tangent to said curve, along said west right-of-
way line, north 0044'39" east 26.00 feet, to the True Point of Beginning.
Containing an area of 357 square feet of land, more or less.
GK:glo
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