HomeMy WebLinkAboutMINUTES - 09221992 - H.6 H.6
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property )
3 for Public Road Purposes, ) RESOLUTION OF NECESSITY
State Highway 4/Bailey ) No. 92/651
4 Road Interchange ) (C.C.P. Sec. 1245. 230 )
W. Pittsburg� Area )
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: i
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9 Pursuant to Government Code Section 25350 .5 and Streets
10 & Highways Code Section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement, to
12 widen State Highway 4 in the West Pittsburg area, and, in
13 connection therewith, acquire interests in certain real property.
14 The properties to be acquired consist of five parcels
15 and are generally located in the West Pittsburg area. The said
16 properties are more particularly described in Appendix "A" ,
17 attached hereto and incorporated herein by this reference.
18 On September 2, 1992, notice of the County's intention
19 to adopt a resolution of necessity for acquisition by eminent
20 domain of the real property described in Appendix "A" was sent to
21 persons whose names appear on the last equalized County
22 Assessment Roll as owners of said property. The notice specified`,
23 Tuesday, September 22, 1992, at 11 :00 a.m. in the Board of
24 Supervisors Chambers in the Administration Building, 651 Pine
25 Street, Martinez, California, as the time and place for the
26 hearing- thereon.
27 The hearing was held at that time and place, and all
28 interested parties were given an opportunity to be heard and
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RESOLUTION NO. 92/651
1 based upon the evidence presented to it, this Board finds,
2 determines 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 . T2e property described herein is necessary for the
9 proposed project; and
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10 4 . The offer required by Section 7267 . 2 of the
11 Government Code 'as made to the owner or owners of record.
12 The County Counsel of this County is hereby AUTHORIZED
13 and EMPOWERED:
14 To acquire in the County's name, by condemnation, the
15 titles, easements and rights of way hereinafter described in and
16 to said real property or interest(s ) therein, in accordance with
17 the provisions for eminent domain in the Code of Civil Procedure
18 and the Constitution of California:
19 Parcels 51279 , 51281, 51282, 51286 & 51304 are to be
20 acquired in fee title.
21 To prepare and prosecute in the County's name such
22 proceedings in the proper court as are necessary for such
23 acquisition;
24 To deposit the probable amount of compensation, based
25 on. an appraisal, and to apply to said court for an order
26 permitting the County to take immediate possession and use said
27 real property for said public uses and purposes .
28
2
1 PASSED and ADOPTED on September 22, 1992, by the
2 following vote:
3 AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
4 NOES: None
5 ABSENT: None
6 I HEREBY CERTIFY that the foregoing resolution was duly
7 and regularly introduced, passed and adopted by the vote of two-
8 thirds or more of the Board of Supervisors of Contra Costa
9 County, California, at a meeting of said Board on the date
10 indicated.
11 Dated: September 22, 1992
12
PHIL BACHELOR, Clerk of the
13 Board of Supervisors
14
15 BY: R"
Ia..
Deputy
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23 cc: Public Works Department (R/P)
Attn: Karen McNamer
24 Auditor-Controller
County Counsel (Certified copy)
25
2 6 dfll(2): p1eading\hyw4.rn
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28
113
Bailey Road Interchange
De Puglia
PARCEL 51279
APPENDIX "A"
Lot 6, Map of Orbisonia Heights, filed April 22, 1930 in Map Book 21 at page 593, Contra Costa
County Records.
TOGETHER WITH: A 7.00 feet wide, 50.00 feet long, strip of land, the west line of which is the east
line of said Lot 6 (21 M 593).
Containing a total area of 6,350 square feet (0.146 acre) of land, more or less.
Y Perry
PARCEL 51281
Lot 8, Map of Orbisonia Heights, filed April 22, 1930 in Map Book 21 at page 593, Contra Costa
County, California.
Together with: A 7.00 feet wide, 50.00 feet long, strip of land, the west line of which is the east line
of said Lot 8 (21 M 593).
Containing a total area of 6,350 square feet (0.146 acre) of land, more or less.
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Romero, Trustee
PARCEL 51282
Lot 22, Map of Orbisonia Heights, filed April 22, 1930 in Map Book 21 at page 593, Contra Costa
County, California.
Together with: A 7.00 feet wide, 50.00 feet long, strip of land, the east line of which is the west line
of said Lot 22 (21 M 593).
Containing a total area of 6,850 square feet (0.157 acre) of land, more or less.
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Woodyard, Trustee
Parcel 51286
APPENDIX "A"
Lot 9, Map of Orbisonia Heights, filed April 22, 1930 in Map Book 21 at page 593, Contra Costa
County, California.
Together with a 7.00 feet wide, 50.00 feet long, strip of land, the west line of which is the east line
of said Lot 9 (21 M 593).
Containing a total area of 6,350 square feet (0.146 acre) of land, more or less.
Madrid
PARCEL 51304
Real property in an unincorporated area of West Pittsburg, Contra Costa County, California, being
a portion of the northwest quarter of the southeast quarter of Section 14,Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
That parcel of land described in Exhibit "B" of the Judgement for Allowance of Fees and for Final
Distribution of the Estate of Albert Palomino Madrid to Thomas Madrid et al recorded April 6, 1988
in Volume 14257 of Official Records at page 359, further described as follows:
Beginning at the northwest corner of said Madrid parcel (14257 O.R. 359), being the intersection
of the east line of Orbisonia Heights and the easterly prolongation of the south line of Shirley Street
as shown on the Map of Orbisonia Heights filed April 22, 1930 in Map Book 21 at page 593, Contra
Costa County Records; thence from the Point of Beginning, along the boundary of said Madrid
parcel (14257 O.R. 359) as follows:
(1) along the prolongation of the south line of Shirley Street, north 89035'30" east 87.50 feet, to the
west line of Wollam Avenue, (2) along said west line, south 0055'30" east 100.00 feet, (3) south
89035'30" west 87.50 feet to the east line of Orbisonia Heights (21 M 593), and (4) along said east
line, north 0055'30" west 100.00 feet, to the Point of Beginning.
Containing an area of 8,750 square feet (0.201 acre) of land, more or less.
Beginnings are based on the California Coordinate System Zone III (C.C.S. 27).
appendix
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