HomeMy WebLinkAboutRESOLUTIONS - 03132001 - 2001/121I THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property for.Public ) RESOLUTION OF NECESSITY
3 Road Purposes; Withers Avenue Head- ) No. 2001/121
wall Repair Project, Lafayette Area )
4 C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more
6 of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943,
8 Contra Costa County intends to improve, repair and construct a headwall and culvert, a public
9 improvement, in the Lafayette area, and, in connection therewith, acquire interests in certain real
10 property.
11 The properties to be acquired consist of 2 parcels and are generally located in the Lafayette
12 area. The said properties are more particularly described in Appendix "A", attached hereto and
13 incorporated herein by this reference.
14 On February 22, 2001, notice of the County's intention to adopt a resolution of necessity for
15 acquisition by eminent domain of the real property described in Appendix "A"was sent to persons
16 whose names appear on the last equalized County Assessment Roll as owners of said property. The
17 notice specified March 13, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
18 Administration Building, 651 Pine Street, Martinez,California, as the time and place for the hearing
19 thereon.
20 The hearing was held at that time and place, and all interested parties were given an
2I opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
22 and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will be most compatible
25 with the greatest public good and the least private injury; and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required.by section 7267.2 of the Government Code was made to the owner or
28 owners of record; and
RESOLUTION OF NECESSITY 1
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1 5. On January 4, 2000, the Board determined that the Withers Avenue Headwall Repair
2 Project is a California Environmental Quality Act (CEQA) Class 1 d categorical exemption.
3 The County Counsel of this county is hereby AUTHORIZED and EMPOWERED:
4 To acquire in the County's name, by condemnation, the titles, easements and rights of way
5 hereinafter described in and to said real property or interest(s) therein, in accordance with the
6 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
7 Parcel 1 is to be acquired in fee title.
8 Parcel 2 is to be acquired as a temporary easement.
9 To prepare and prosecute in the County's name such proceedings in the proper court as are
10 necessary for such acquisition;
11 To deposit the probable amount of compensation based on an appraisal, and to apply to said
12 court for an order permitting the County to take immediate possession and use said real property for
13 said public uses and purposes.
14 PASSED and ADOPTED on March 13, 2001, by the following vote:
15 AYES: Supervisors Uilkema, Gioia, Gerber, DeSaulnier and Glover
16 NOES: None
17 ABSENT: None
18 ABSTAIN: None
19 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
20 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
21 County, California, at a meeting of said Board of Supervisors of Contra Costa County, California,
22 at a meeting o aid Board on the date indicated above.
23 Dated: aOez hereby certify that this is a true and correct
24 Orig. Dept: Public Works Department (R/P) copy of an action taken and entered on the
Contact: Debra L. Baker(313-2224) minutes of the Board of Supervisors on the
date shown.
25 Auditor-Controller
County Counsel (Certified Copy)ATTESTED:
26 JOHN SWEETEN, Clerk o the Board
of Su rvisors and unty inistrator
27 1:`,CI_ER',,CONDEMN`,werhanRES.wpd By uty
28
RESOLUTION OF NECESSITY 2
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Withers Avenue — Road No. 356405-tric Werhan — Fee Take & T.C.E.
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Drawing No. A3564-2000
Portion APN 169-032-009
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the parcel of land described in the deed to J. Haden
Werhan, et ux, recorded-October 30, 2000 as series number 2000-0241595,
described as follows:
PARCEL 1 — (Fee Title)
Commencing at the northwest corner of said Werhan parcel (2000-0241595);
thence, along the southerly right of way line of Withers Avenue, south 88°43'35"
east (Bearing used for the purpose of this description) 36.776 meters to the Point
of Beginning; thence from said Point of Beginning, continuing along said
southerly right of way line of Withers Avenue, south 88°43'35" east 14.864
meters; thence leaving said right of way line, south 1°16'25" west 0.688 meters;
thence north 88°43'35" west 6.530 meters; thence south 68°28'10" west 4.247
meters; thence north 88°43'35" west 4.419 meters; thence north 1°16'25" east
2.334 meters to the Point of Beginning.
Containing an area of 20.72 square meters of land, more or less.
PARCEL 2 — (Temporary Construction Easement to expire at the end of
construction or January 1, 2002, whichever occurs first)
Beginning at the northwest corner of PARCEL 1 described above; thence from
said Point of Beginning, along the exterior boundary of said PARCEL 1, south
1"16'25" west 2.334 meters; thence south 88°43'35" east 4.419 meters; thence.
north 68°28'10" east 4.247 meters; thence south 88°43'35" east 6.530 meters;
thence north 1°16'25" east 0.688 meters to the northeast corner of said PARCEL
1, said point lying on the southerly right of way line of said Withers Avenue;
thence leaving said exterior boundary of PARCEL 1, along said southerly right of
way line of Withers Avenue, south 88°43'35" east 4.478 meters; thence, leaving
said right of way line, south 1°16'25" west 12.190 meters; thence north 88°43'35"
west 15.240 meters; thence north 1'16'25" east 4.270 meters; thence north
88°43'35" west 5.328 meters; thence north 1'16'25" east 7.920 meters to a point
on the southerly right of way line of said Withers Avenue; thence along said
southerly right of way fine, south 88043'35" east 1.226 meters to the Point of
Beginning.
Containing an area of 207.26 square meters of land, more or less.
Distances shown are in meters. Multiply distances shown by 3.28083333 to
convert to U.S. survey foot. Areas shown are in square meters, multiply areas
shown by 10.764 to convert to square feet.
This real property description has been prepared by me or under my direction, in
conformance with the Prof ssional Land Surveyors Act.
Signature: e-
Lic L d Surveyor E wfA '`Contra Costa County Public Works n,. a
Date: z/- zoo C) Exp. Z=—
No. 59?:i
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