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Home My WebLink AboutRESOLUTIONS - 12162008 - 2008/791THE BOARD OF SUPERVISORS CONTRA'COSTA COUNTY, CALIFORNIA Re: Condemnation of Property )RESOLUTION OF NECESSITY for Public Purposes, NO. 2008 State Route 4 East, Somersville Road to State ) C.C.P. Sec. 1245.230) Route 160 Project, Antioch Area The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more of its members, RESOLVES that: Pursuant to Government Code Section 25350.5 and Streets&Highways Code Section 943, Contra Costa County (County) intends to construct a road reconstruction project, a public improvement consisting of widening and improving of State Route 4 from west of Loveridge Road to east of Hillcrest Avenue in the Antioch area and, in connection therewith, acquire interests in certain real property. The property to be acquired consists of a portion of 3210 Delta Fair Blvd. identified as Assessor's Parcel Number 074-122-039 and generally located in the Antioch area. Said property is more particularly described in Appendix "A", attached hereto and incorporated herein by this reference. On December 1,2008,notice of the County's intention to adopt a resolution of necessity for acquisition by eminent domain of the real property described in Appendix "A" was sent to person whose name appears on the last equalized County Assessment Roll as owner(s)of said property. The notice specified December 16, 2008, at 9:30 a.m., in the Board of Supervisors Chambers in the Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing hereon. The hearing was held at that time and place, and all interested parties were given an opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and hereby declares the following: 1.The public interest and necessity require the proposed project; and 2.The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; and 3.The property described herein is necessary for the proposed project; and 4.The offer required by Section.7267.2 of the Government Code was made to the owner or owners of record; and 5.Insofar as any of the property described in this resolution has heretofore been dedicated to a public use, the acquisition and use of such property by Contra Costa County for the purposed identified herein is for a more necessary public use than the use to which the property has already been appropriated for a compatible public use. RESOLUTION NO?17 This determination and finding is made and this resolution is adopted pursuant to Code of Civil Procedure Sections 1240.510 and 1240.610. 6.On June 27,2006,this Board APPROVED the proposed project and ADOPTED the Negative Declaration/Finding of No Significant Impact pertaining to this project that was published on August 2, 2005. The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: To acquire in the County's name,by condemnation, the titles, easements and rights of way hereinafter described in and to said real property or interest(s) therein, in accordance with the provisions for eminent domain in the Code of Civil Procedure and the Constitution of California: Parcel 61117-1 is to be acquired in fee title. Parcel 61117-2 is to be acquired as a permanent overhead and pole line easement Parcel 61117-3 is to be acquired as temporary construction easement. To prepare and prosecute in the County's name such proceedings in the proper court as are necessary for such acquisition; To deposit the probable amount of compensation based on an appraisal,and to apply to said court for an order permitting the County to take immediate possession and use said real property for said public uses and purposes. PASSED and ADOPTED o k' ,by the following vote: AYES: G I 0 I GL) l,l&Rp- P aaa) NOES: ABSENT: ol I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra Costa County, California, at a meeting of said Board of Supervisors on the date indicated above. Date:bK tm ber [b f 906 CSP:sr G:\RealProp\SR4 Somersville-SRI 60\Condemnation\CO.02 Res of Necessity Best Western.doc Orig.Dept.: Public Works Department(R/P) Contact: C.Pifia-Sandoval(Tel.313-2012) I hereby certify that this is a true and correct copy cc: County Administrator of an action taken and entered on the minutes of the Auditor-Controller(via R/P) Board of Supervisors on.the date shown. County Counsel(certified copy of Resolution) ATTESTED: ` - er -I 1 0-009 P.W.Finance JOHN CULLEN,Clerk of the Board of Supervisors anc Co ty administrator gy'v 1h f(QJ I`'GCP Deputy RESOLUTION NO.1 / E.A. 228512 SR 4 @ Somersville Rd. City of Antioch County of Contra Costa APPENDIX "A" LAND DESCRIPTIONS OF THREE (3) PARCELS OF LAND IN THE CITY OF ANTIOCH,, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 8-79, FILED MARCH 10, 1980, IN BOOK 85 OF PARCEL MAPS, AT PAGE 4, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: Parcel 61117-1 FEE PARCEL BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1964 IN BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 69057' 52" EAST 296.54 FEET ALONG THE SOUTHERLY LINE OF SAID LANDS OF THE ANTIOCH DEVELOPMENT AGENCY TO THE WESTERLY LINE OF PARCEL 52653-1, AS SAID PARCEL IS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 25, 1995 AS INTSTRUMENT NO. 95-140340 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS OF 40.00 FEET (A RADIAL LINE OF SAID CURVE TO SAID POINT BEARING NORTH 71°21' 07" EAST) ; THENCE LEAVING SAID SOUTHERLY LINE OF LANDS OF THE ANTIOCH DEVELOPMENT AGENCY, SOUTHERLY 43.20 FEET ALONG SAID CURVE AND SAID WESTERLY LINE OF LANDS OF THE STATE OF CALIFORNIA THROUGH A CENTRAL ANGLE OF 61°52'31"; THENCE SOUTH 43°13' 38" WEST 125.81 FEET ALONG SAID WESTERLY LINE OF PARCEL 52653-1, TO THE NORTHEASTERLY LINE CF PARCEL B, AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID WESTERLY LINE OF PARCEL 52653-1, NORTH 46046'22" WEST 13.55 FEET ALONG SAID NORTHEASTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 1-75; THENCE LEAVING LAST SAID NORTHEASTERLY LINE, NORTH 42043' 03" EAST 15.00 FEET; THENCE NORTH 46°46' 22" WEST 170.59 FEET; THENCE NORTH 50058' 49" WEST 101.34 FEET TO THE WESTERLY LINE OF SAID PARCEL B OF PARCEL MAP NO. M.S. 8-79; THENCE NORTH 30023' 58" EAST 37. 68 FEET ALONG SAID WESTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 8-79, TO THE POINT OF BEGINNING. CONTAINING 27, 266 SQUARE FEET (0.626 ACRES) , MORE OR LESS. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS, INCLUDING ACCESS RIGHTS, APURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. Parcel 61117-2 PERMANENT OVERHEAD AND POLE LINE EASEMENT COMMENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1984 IN BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 30023158" WEST 37.68' FEET ALONG SAID WESTERLY LINE OF PARCEL B TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, SOUTH 50058149" EAST 101.34 FEET; THENCE SOUTH 46046122" EAST 170.59 FEET; THENCE SOUTH 42043103" WEST 15.00 FEET TO THE NORTHEASTERLY LINE OF PARCEL B, AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY; u:\Uublir.\Lend Projects -'\G1-0602-12 HwY 4\docs\Lepals\Pcl 61117.dac Last. printed 11/25/2008 ':14 P1, E.A.228512 SR 4 0)Somersville Rd. City of Antioch County of Contra Costa THENCE NORTH 46046'22" WEST 170. 18 FEET ALONG LAST SAID NORTHEASTERLY LINE; THENCE NORTH 50'58'49" WEST 98. 52 FEET TO SAID WESTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 8-79; THENCE NORTH 30023' 56" EAST 15.17 FEET ALONG SAID WESTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 8-79, TO THE TRUE POINT OF BEGINNING. CONTAINING 4, 055 SQUARE FEET (0.093 ACRES) , MORE OR LESS. Parcel 61117-3 TEMPORARY CONSTRUCTION EASEMENT EXPIRES 12-31-2012 COMbIENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1984 IN BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 30023'58" WEST 37. 66 FEET ALONG SAID WESTERLY LINE OF PARCEL B TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, SOUTH 50058' 49" EAST 101.34 FEET; THENCE SOUTH 46046'22" EAST 170.59 FEET; THENCE SOUTH 42043103" WEST 15.00 FEET TO THE NORTHEASTERLY LINE OF PARCEL B, AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 46046'22" WEST 170. 16 FEET ALONG LAST SAID NORTHEASTERLY LINE TO THE WESTERLY LINE OF SAID PARCEL B OF PARCEL MAP M.S. 1-75; THENCE SOUTH 40030,28" WEST 224.98 FEET ALONG LAST SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID PARCEL B OF PARCEL MAP 8-79; THENCE ALONG THE LAST SAID SOUTHERLY LINE AND SAID WESTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. M.S. 8-79 THE FOLLOWING THREE (3) COURSES, NORTH 46046'22" WEST 55.19 FEET, NORTH 15'47'21" EAST 16.28 FEET, NORTH 30023'58" EAST 223.41 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 21, 563 SQUARE FEET (0.495 ACRES) , MORE OR LESS. A PLAT MAP IS ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT ALL BEARINGS AND DISTANCES FOR THE ABOVE DESCRIPTION ARE BASED ON CALIFORNIA COORDINATE SYSTEM 1983, ZONE 3, CA-HPGN EPOCH 2000.86. MULTIPLY DISTANCES SHOWN ABOVE BY 1.00005924 TO OBTAIN GROUND LEVEL DISTANCES. LAND 9 SCO C a No 178 11.,%W Exp IL-- FA—KI—S. SCOTT !I!, PLS 7840 I DATE LICENSE EXPIRES: 12/31/06 OFC N:\CL-blin\Land P-QjCCt5 3\(31-0602-12 H4Y LaE,: printed 11/25/2001E 2:14 PM