HomeMy WebLinkAboutRESOLUTIONS - 08151989 - 89-555 TA
1 BOARD OF SUPERVISORS,• CONTRA COSTA COUNTY, CALIFORNIA
2
Condemnation of Property )
3 For Road Purposes )
Nichols Road Bridge ) RESOLUTION OF NECESSITY
4 Replacement ) NO. 89/555
5
West Pittsburg Area ) (Code of Civ. Proc. S 1245 . 230
)
6 )
7 The Board of Supervisors of Contra Costa County,
8 California by vote of two-thirds or more of its members, RESOLVES
9 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 new bridge overcrossing on Nichols Road, a public
13 improvement in the West Pittsburg area, and in connection
14 therewith, acquire interests in certain real property.
15 The property to be acquired consists of a quadrangular
16 parcel of land containing approximately 8846 square feet along
17 Nichols Road and is generally located in the West Pittsburg area.
18 The said property is more particularly described in Appendix "A" ,
19 attached hereto and incorporated herein by reference. The property
20 sought to be acquired is appropriated to a public use. The
21 proposed use is a more necessary use than the use to which the
22 property is now appropriated (Code Civ. Proc. , S 1240. 610) , or a
23 compatible public use (Code Civ. Proc. , S 1240 .510) .
24 On July 31, 1989, notice of the County's intention to
25 adopt a resolution of necessity for the acquisition by eminent
26 domain of the property described in Appendix "A" was sent to
27 persons whose names appear on the last equalized County Assessment
28 Roll as the owners of said property. The notice specified August
RESOLUTION NO. 89/555
1 15, 1989 at 9 :00 a .m. in the Board of Supervisors Chambers in the
2 Administration Building, 651 Pine Street, Martinez, California, as
3 the time and place for the hearing thereon.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and based
6 upon the evidence presented to it, this Board finds, determines an
7 hereby declares the following:
8 1 . The public interest and necessity require the
9 proposed project; and
10 2 . The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public good
12 and the least private injury; and
13 3 . The property described herein is necessary for the
14 proposed project; and
15 4 . The offer required by section 7267 . 2 of the
16 Government Code was made to the owner or owners of record.
17 The County' s counsel is hereby AUTHORIZED and EMPOWERED:
18 To acquire in the name of Contra Costa County, by
19 condemnation, the titles, easements and rights of way as set forth
20 in Appendix "A" , in and to said real property or interests therein
21 in accordance with the provisions of eminent domain in the Code of
22 Civil Procedure and the Constitution of California: This parcel i
23 to be acquired as a permanent easement.
24 To prepare and prosecute in the County's name such
25 proceedings in the proper court as are necessary for such
26 acquisition.
27 To deposit the probable amount of compensation, based on
28 an appraisal, and to apply to said court for an order permitting
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1 the County to take possession and use said real property for said
2 public uses and purposes .
3 PASSED and ADOPTED on August 15, 1989, by the following
4 vote:
5 AYES: Supervisors Powers , Fanden, Schroder, McPeak F, Torlakson
6 NOES: None
7 ABSENT: None
8 ABSTAIN: None
9
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 and regularly introduced, passed and adopted by the vote of two-
12 thirds or more of the Board of Supervisors of the Contra Costa
13 County, California, at a meeting of said Board on the date
14 indicated.
15 Dated: August 15 , 1989
16 Phil Batchelor, Clerk of the
17 Board of Supervisors and
County Administrator
18
19 By: AA
20 Deputy
21 cc: Public Works Department
22 Real Property Division
Auditor-Controller
23 County Counsel (certified copy)
County Administrator
24
25
26
27 SLA:tb
28 DA2 a:\Nichols.res
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PARCEL 2
Nichols Road
A.T.& S.F. Crossing
APPENDIX "A"
A portion of those parcels of land described in the deeds to the San
Francisco and San Joaquin Valley Railway Corpany now known as the Atchison,
Topeka and Santa Fe Railway Corxany recorded in Book 78 of Deeds at page 508
and Book 78 of Deeds at page 512, Records of Contra Costa County,
California, described as follows:
Conmiencing at the intersection of the northerly right of way line of the
said Atchison, Topeka and Santa Fe Railway Company (78 D 508) with the
westerly line of Parcel "B" as said Parcel "B" is shown on the map of
Subdivision MS 9-87 filed October 16, 1987 in Book 130 of Parcel Maps at
page 15, Records of said County; thence from said Point of C=nencement
along the said northerly right of way line of the Atchison, Topeka & Santa
Fe Railway Ccngaany (78 D 508) south 710 18' 59" east 352.24 feet to the
Point of Beginning for this description; thence from said Point of Beginning
continuing along the said northerly right of way line (78 D 508 and 78 D
512) south 710 18' 59" east 88.46 feet; thence leaving said northerly right
of way line, south 60 34' 36" east 110.57 feet to a point on the southerly
right of way line of said Atchison, Topeka and Santa Fe Railway Company,
said point also lying on the northerly right of way line of the Southern
Pacific Railroad Company; thence along said southerly right of way line of
said Atchison, Topeka and Santa Fe Railway Company (78 D 512, 78 D 508) and
said northerly right of way line of the Southern Pacific Railway Company,
north 710 18' 59" west 88.46 feet; thence leaving last said line, north 60
34' 36" west 110.57 feet to the Point of Beginning.
Containing an area of 8,846 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System zone III (c.c.s. 27) .
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