HomeMy WebLinkAboutMINUTES - 02281989 - T.C CORRECTED COPY - PLEASE DESTROY PREVIOUS ISSUE
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Y �
Condemnation of Property ) -'
3 For Road Purposes ) RESOLUTION OF NECESSITY
Lone Tree Way, Phase II ) NO. 89/122
4 Brentwood Area ) (Code of Civ. Proc. § 1245.230)
5
6 The Board of Supervisors of Contra Costa County,
7 California by vote of two-thirds or more of its members, RESOLVES
8 that:
9 Pursuant to Government Code section 25350.5 and Streets
10 and Highways Code section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement to
12 widen aportion of Lone Tree Way in the Brentwood area, and in
13 connection therewith, acquire interests in certain real property.
14 The property to be acquired consists of two parcels and
15 is generally located in Brentwood. The said property is more
16 particularly described in Appendix "A" , attached hereto and
17 incorporated herein by reference. The property sought to be
18 acquired is appropriated to a public use. The proposed use is a
19 more necessary use than the use to which the property is now
20 appropriated, or a compatible public use. (Code Civ. Proc. ,
21 §§ 1240.510 and 1240. 610. )
22. On January 30, 1989, notice of the County's intention
23 to adopt a resolution of necessity for the acquisition by eminent
24 domain of the property described in Appendix "A" was sent to
25 persons whose names appear on the last equalized County
26 Assessment Roll as the owners of said property. The notice
27 specified February 28, 1989 at 9:00 a.m. in the Board of
28
16
RESOLUTION NO. 89/122
i
1 Supervisors .Chambers in the Administration Building, 651 Pine
2 Street, Martinez, California, as the time and place for the
3 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
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following:
8 1 . The public interest and necessity require the
g 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
12 good 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
18 EMPOWERED:
19 To acquire in the name of Contra Costa County, by
20 condemnation, the titles, easements and rights of way as set
21 forth in Appendix "A" , in and to said real property or interests
22. therein, in accordance with the provisions of eminent domain in
23 the Code of Civil Procedure and the Constitution of California:
24 Parcel 14 is to be acquired in fee title, Parcel 12 is to be
25 acquired as a permanent easement.
26 To prepare and prosecute in the County's name such
27 proceedings in the proper court as are necessary for such
28 acquisition.
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1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3 permitting the County to take possession and use said real
4 property for said public uses and purposes .
5 PASSED and ADOPTED on February 28, 1989, by the
6 following vote:
7 AYES: Supervisors Powers, Fanden, McPeak and Torlakson
8 NOES: None
9 ABSENT: Supervisor Schroder
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Board of Supervisors of the Contra Costa
15 County, California, at a meeting of said Board on the date
16 indicated.
17 Dated: February 28, 1989
18 Phil Batchelor, Clerk of the
Board of Supervisors and
19 County Administrator
20 //��I J
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21 By:
M/I WN�
Deputy
22-
23 cc: - Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
26
27
28
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Ione Tree Way
Southern Pacific FadIxond
Parcels 12 i 14
APPENDIX "A"
Parcel 12
A portion of the Iest half of Section 2, TwAvILip 1 North, Range 2 East,
Yount Diablo Marid4am Camty of Cxitra Costa, State of California, being a
strip of land 70.00 feet in width, the centerline of Qhirh is described as
follows.
Beginning at the point of intersection of the canter line of Ione Tree Why
and the southwesterly line of the parcel of lard described in the
to the Southern Pacific ftI�, recorded Asst 2, 1872 in Book 23 of
Deeds at page 516, records of said County; thence leaving said Point of
Beginning south 880 58' 23" east 123.28 feet to the point of intersection of
said centerline and the northeasterly line of said Southern Pacific
Railroad's right of dray the sidelines of the herein described strip of land
terminate within said southwesterly and northeasterly lines of said Southern
Pacific Railroad's right of way.
E 4C EP IM THEREERCM: All of the above lying within the existing riot of
way of Icne Tree Way.
ContainiM an area of 2,466 square feet of land, more or less.
Parcel 14 (Fee)
A portion of the parcel of land described in the deed to the Southern
Pacific Railroad many recorded May 13, 1931 in Book 284 of Official
Records at page 33 laecords, of Contra Costa County, State of Cali !ornia,
being the most rnrtherly 12.50 feet of said S.P.R.R. Co. parcel.
an area of 96 square feet of land, more or less.
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January 11, 1989
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