HomeMy WebLinkAboutRESOLUTIONS - 09181990 - 90/622i•H.1
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property RESOLUTION OF NECESSITY
For Public Road Purposes NO. 90/622. .
3 State Highway 4 widening Code of Civ. Proc. ,
at' Carol Lane, Oakley Area. ) S 1245. 230)
4
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 and Streets
9 and Highways Code section 943, Contra Costa County intends to
10 construct a road reconstruction project, a public improvement to
11 widen a .portion of State Highway 4 in the Oakley area, and in
12 connection .therewith, acquire interests in certain real
13 property.
14 The property to be acquired consists :of two parcels and
15 is generally located in the Oakley area. The -said property is
16 more particularly described in Appendix. "A" , attached hereto and
17 incorporated herein by reference.
18 On July 24 , 1990, notice of the County' s intention to
19 adopt a resolution of necessity for the acquisition by eminent
20 domain of the property described in Appendix "A" was sent to
21 persons whose names appear on the last equalized County.
22 Assessment Roll as the owners of said property. The notice
23 specified August 28, 1990 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. At that time the hearing was continued to
27 September 18, 1990 .
28
niSOLUTION N0: _90/622
1 The hearing was held on September 18, 1990, at that
2 time and place, and all interested parties were given an
3 opportunity to be heard and based upon the evidence presented to
4 it, this Board finds, determines and hereby declares the
5 following:
6 1. The public interest and necessity require the
7 proposed project; and
8 2. The proposed project is planned and located in the
9 manner which will be most compatible with the greatest public
10 good and the least private injury; and
11 3. The property described herein is necessary for the
12 proposed project; and
13 4 . The offer required by section 7267 .2 of the
14 Government Code was made to the owner or owners of record.
15 The County's counsel is hereby AUTHORIZED and
16 EMPOWERED:
17 To acquire in the name of Contra Costa County, by
18 condemnation, the titles, easements and rights of way as set
19 forth in Appendix "A" , in and to said real property or interests
20 therein, in accordance with the provisions of eminent domain in
21 the Code of Civil Procedure and the Constitution of California:
22 Parcels 1 and 5 are to be acquired in fee title.
23 To prepare and prosecute in the County's name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26 To deposit the probable amount of compensation, based
27 on an appraisal, and to apply to said court for an order
28
2
1 permitting the County to take possession and. use said real
2 property for said public uses and purposes .
3 PASSED and ADOPTED on September 18, 1990,.by the
4 following vote:
5 AYES s'Supervisors Powers, 14cPeak, Torlakson and Fanden.
6 NOES: None
7 ABSENT: Supervisor Schroder
8 ABSTAIN: None
9 I HEREBY CERTIFY that the foregoing resolution was duly
10 and regularly introduced, passed and adopted by the vote of two-
11 thirds or more of the Board of Supervisors of the Contra Costa
12 County, California, at a meeting of said Board on the date
13 indicated.
14 Dated: September 18; 1990
Phil Batchelor, Clerk of the
15 Board of Supervisors and
County Administrator
16
17 By: "il?a rrtiw /I JlQ.1
Deputy
18
19
20
21
22
23
24
25 cc: Public Works Department
Real Property Division
26 Auditor-Controller
County Counsel (certified copy)
27 County Administrator
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28
3
State Highway 4
@ Carol Lane
4660-6X4014
APPENDIX "A"
Parcel i (Condon) - A Fee Title
A portion of the northwest quarter of the southwest quarter of Section 23, Township 2
North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, described
as follows:
Commencing at Contra Costa County street monument VH-12 marking the west quarter
corner of Section 23, T2N, R2E; thence along the west line of Section 23, south 000 34'
57" west 863.95 feet; thence south
880 47' 03" east 30.00 feet to the Point of Beginning,
being the northwest corner of Lot 4 of Diane Park, subdivision recorded May 26, 1949 in
Book 37 of Maps at page 36; thence from said Point of Beginning, along the north line
of said Lot 4, south
880 47' 03" east 38.00 feet; thence north
000 34' 57" east 32.20 feet;
thence northerly along the arc of a tangent curve concave to the west, having a radius
of 905.00 feet, through a central angle of
160 39' 44", an arc distance of 263.18 feet, to
a point of intersection with the west line of William and Shelly Condon PARCEL ONE
recorded August 20, 1964 in Volume 4686 at page 396, Official Records of Contra Costa
County; (The radial to said point of intersection bears north
730 55' 13" east.) thence
along said west line, south
000 34' 5T' west 291.27 feet, to the Point of Beginning.
Containing an area of 7,817 square feet of land, more or less.
Bearings are based on the California Coordinate System, Zone III (C.C.S. 27).
Mrs
c:cond.ex
October 2, 1990
State Highway 4 .
@ Carol Lane
4660-6X4014
APPENDIX "A'
Parcel 5 (Galarza) - A Fee Ttle
A portion of the northwest quarter of the southwest quarter of Section 23, Township 2
North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, described
as follows:
Commencing at Contra Costa County street monument VH-12 marking the west quarter
corner of Section 23, T2N, R2E; thence along the west line of Section 23, south 00° 34'
57"west 1,218.27 feet; thence south 88°47' 031 east 30.00 feet to the Point of Beginning,
being the southwest corner of Lot 2 of Diane Park, subdivision recorded May 26, 1949
in Book 37 of Maps at page 36; thence from said Point of Beginning, along the south line•
of said Lot 2, south
880 47' 03" east 38.00 feet; thence south 000 34' 45"west 104.64 feet
to the northwest corner of Lot 19 of Subdivision 4454, Eagle Park Unit No. 1, filed April
27, 1977 in Book 195 of Maps at page 47;thence along the north line of Subdivision 4454
1.95 M 47), north
880 47' 32" west 38.01 feet; thence north
000 34' 5T' east 104.65 feet
to the Point of Beginning.
Containing an area of 3,977 square.feet of land, more or less.
Bearings are based on the California Coordinate System, Zone 111 (C.C.S. 27).
KM:gm
c:Gal.ex
October 2, 1990