HomeMy WebLinkAboutRESOLUTIONS - 03061990 - 90/142T.1
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property RESOLUTION OF NECESSITY
For Public Trail Purposes NO. 90 /142
3 Iron Horse Trail Amending Resolution of
4660-6X4145 Walnut Creek Area ) Necessity No. 89/413, Code
4 of Civ. Proc. 51245 . 230)
5 The Board of Supervisors of Contra Costa County,
6 California by vote of two-thirds or more of its members,
7 RESOLVES that:
8 Pursuant to Government Code section 25350 . 5, Contra
9 Costa County intends to construct a trail project, a public
10 improvement, and in connection therewith, acquire interests in
11 certain real property.
12 The property to be acquired consists of two parcels and
13 is generally located in the Walnut Creek area. The said
14 property is more particularly described in Appendix "A" ,
15 attached hereto and incorporated herein by reference.
16 On February 16, 1990, notice of the County's intention
17 to adopt a resolution of necessity for the acquisition by
18 eminent domain of the property described in Appendix "A" was
19 sent to persons whose names appear on the last equalized County
20 Assessment Roll as the owners of said property. The notice
21 specified March 6, 1990 at 11:00 a.m. in the Board of
22 Supervisors ' Chambers in the Administration Building, 651 Pine
23 Street, Martinez, California, as the time and place for the
24 hearing thereon.
25 The hearing was held at that time and place, and all
26 interested parties were given an opportunity to be heard and
27 based upon the evidence presented to it, this Board finds,
28 determines and hereby declares the following:
RESOLUTION NO. 90/142
1 1 . The public interest and necessity require the
2 proposed project; and
3 2 . The proposed project is planned and located in the
4 manner which will be most compatible with the greatest public
5 good and the least private injury; and
6 3 . The property described herein is necessary for the
7 proposed project; and
8 4 . The offer required by section 7267 . 2 of the
9 Government Code was made to the owner or owners of record.
10 The County's counsel is hereby AUTHORIZED and
11 EMPOWERED:
12 To acquire in the name of Contra Costa County, by
13 condemnation, the titles, easements and rights of way as set
14 forth in Appendix "A" , in and to said real property or interests
15 therein, in accordance with the provisions of eminent domain in
16 the Code of Civil Procedure and the Constitution of California:
17 Parcels 1 , 2 and 3 are to be acquired in fee title.
18 To prepare and prosecute in the County's name such
19 proceedings in the proper court as are necessary for such
20 acquisition.
21 To deposit the probable amount of compensation, based
22 on an appraisal, and to apply to said court for an order
23 permitting the County to take possession and use said real
24 property for said public uses and purposes .
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1 PASSED and ADOPTED on March 6, 1990 by the following
2 vote:
3 AYES: Supervisors Powers, Schroder, Torlakson and Fanden
4 NOES:None
5 ABSENT: Supervisor McPeak
6 ABSTAIN: None
7
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 the Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: Phil Batchelor, Clerk of the
Board of Supervisors and
14 County Administrator
15
16 By: r,„, ,, r1
Deputy
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23
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25 cc: Public Works Department
Real Property Division
26 Auditor-Controller
County Counsel {certified copy}
27 County Administrator
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Iron Horse Trail
APN 183-270-050 & 183-282-025
Herrington
Appendix "A"
A portion of Lot 2, Block 9 as shown on the map entitled" Map No. 2 of Walnut Heights,
Walnut Creek, California, Contra Costa County' filed December 29, 1931 in Book 10 of
Maps at page 245 and a portion of the Rancho San Miguel and being portions of parcels
one and two as described in the grant deed to the Southern Pacific Transportation
Company recorded September 29, 1972 in Book 6762 of Official Records at page 822,
Contra Costa County, California described as follows:
Parcel 1 (A Fee)
Commencing at the most southerly point of parcel one in those parcels of land deeded
to the Southern Pacific Transportation Company (6762 OR 822) said point being the
southerly terminus of that course described as north 24°45'13" west 417.250 feet in said
deed, said point also being on the northeasterly right-of-way line of South Broadway;
thence northwesterly along said right-of-way line north 24045'13"west 32.47 feet; thence
leaving said right-of-way line north 65°14'47" east 22.26 feet to the Point of Beginning;
thence from said Point of Beginning north 17°33'00" west 571.65 feet to a point of cusp
also being a point on a line parallel with 11.00 feet southwesterly, right angle measure
and radially, from the centerline of Southern Pacific Transportation Company's San
Ramon Branch Railroad track; thence along said parallel line south 18°03'52" east 451.21
feet; thence southeasterly along a tangent curve, concave to the northeast, having a
radius of 966.04 feet, through a central angle of 3°45'54" an arc distance of 63.48 feet;
thence tangent to said curve along said parallel line south 21°4946" east 3.99 feet;
thence leaving said parallel line south 17°33'00" east 52.18 feet; thence south 65014'47"
west 7.06 feet to the Point of Beginning.
Containing an area of 1,629 square feet of land, more or less.
Parcel 2 (A Fee)
Commencing at the most southerly point of parcel one, in those parcels of land deeded
to the Southern Pacific Transportation Company (6762 OR 822) said point being the
southerly terminus of that course described as north 24°45'13" west 471.250 feet in said
deed, said point also being on the northeasterly right-of-way line of South Broadway;
thence northwesterly along said right-of-way line north 24045'13" west 32.47 feet; thence
leaving said right-of-way line north 65°14'47" east 22.26 feet; thence north 17°33'00"
west 659.65 feet to a point on a line parallel with and 11.00 feet southwesterly, right
angle measure and radially, from the centerline of southern Pacific Transportation
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Company's San Ramon Branch Railroad track, the Point of Beginning; thence from said
Point of Beginning northwesterly along said parallel arc, through a non-tangent curve,
concave to the northeast, to which a radial bears north 74015'07" east, having a radius
of 966.04 feet, through a central angle of 6°53'13" an arc distance of 116.12 feet; thence
leaving said parallel arc, non-tangent .to said curve, south 6S°14'47" west 7.78 feet;
thence southeasterly, through a non-tangent curve, concave to the northeast, to which
a radial bears north 76°32'53" east, having a radius of 1,131.00 feet, through a central
angle of 4°05'53" an arc distance of 80.89 feet; thence south 17°33'00" east 33.78 feet
to the Point of Beginning.
Containing an area of 394 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
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