HomeMy WebLinkAboutMINUTES - 12131994 - H.1 H.l
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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Re: Condemnation of Property ) RESOLUTION OF NECESSITY
3 for Public Road Purposes, ) No. 94/619
Subdivision No. 7633 ) (C.C.P. Sec. 1245.230)
4 Alamo Area )
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The Board of Supervisors of Contra Costa County, California, by vote of two-
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thirds or more of its members, RESOLVES that:
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Pursuant to Government Code Section 25350.5 and Streets & Highways Code
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Section 943, Contra Costa County intends to construct a road project, a public
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improvement, to connect Livorna Road with Subdivision 7633 and in connection
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therewith, acquire interests in certain real property.
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The property to be acquired consists of 38,564 square feet in fee title, a
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temporary roadway easement and a temporary construction easement and is generally
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located in the Alamo area. The said property is more particularly described in Appendix
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"A", attached hereto and incorporated herein by this reference.
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On November 16, 1994, notice of the County's intention to adopt a resolution of
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necessity for acquisition by eminent domain of the real property described in Appendix
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"A" was sent to persons whose names appear on the last equalized County Assessment
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Roll as owners of said property. The notice specified December 6, 1994, at 11:00 a.m.
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in the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,
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Martinez, California, as the time and place for the hearing thereon.
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The hearing was opened at that time and place, and then continued to
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December 13, 1994 at which time the hearing was held. All interested parties were given
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an opportunity to be heard and based upon the evidence presented to it, this Board finds,
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determines and hereby declares the following:
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1. The public interest and necessity require the proposed project; and
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1 2. The proposed project is planned and located in the manner which will be
2 most compatible with the greatest public good and the least private injury;
3 and
4 3. The property described herein is necessary for the proposed project; and
5 4. The offer required by Section 7267.2 of the Government Code was made
6 to the owner or owners of record.
7 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
8 To acquire in the County's name, by condemnation, the titles, easements and
9 rights of way hereinafter described in and to said real property or interest(s) therein, in
10 accordance with the provisions for eminent domain in the Code of Civil Procedure and
11 the Constitution of California:
12 One Parcel is to be acquired in fee title.
13 Two Parcels are to be acquired as temporary easements.
14 To prepare and prosecute in the County's name such proceedings in the proper
15 court as are necessary for such acquisition;
16 To deposit the probable amount of compensation, based on an appraisal, and to
17 apply to said court for an order permitting the County to take immediate possession and
18 use said real property for said public uses and purposes.
19 PASSED and ADOPTED on December 13, 1994 , by the following vote:
2o AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
21 NOES: None
22 ABSENT: None
23 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
24 introduced, passed and adopted by the vote of two thirds or more of the Board of
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1 Supervisors of Contra Costa County, California, at a meeting of said Board on the date
2 indicated.
3 Dated: December 13, 1994
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7 I!hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
8 ATTESTED: December 13, 1994
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
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By. Deputy
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ORIG. DEPT: Public Works Department (R/P)
16 Donna Dawkins (313-2224)
Auditor-Controller
17 County Counsel (Certified copy)
18 df11a: alamo.ron
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APPENDIX "A"
Fee Title
All that real property situate in the unincorporated area of the County of Contra Costa, State_ of
California,described as follows:
A portion of Section 6,Township 1 South, Range 1 West,Mount Diablo Meridian, further
described as follows:
Beginning at the northeasterly comer of that certain parcel of land described in the deed to
Anderson,et al,recorded November 1, 1963,in Book 4484 of Official Records,at Page 749,also
being a point on the southerly boundary of Parcel "B"as designated on the map of Subdivision
6743,filed June 19, 1987, in Book 313 of Maps,at Page 28;thence from said point of beginning
westerly along the northerly line of said Anderson parcel(4484 OR 749)the following 10
courses:North 69015'29" West 23.95 feet,North 63034'29" West 27.01 feet,
North 890 1 T29" West 60.49 feet, South 83"11'31" West 92.08 feet,South 81012'3 V West 39.03
feet,North 7503T29" West 58.29 feet,South 73"03'31" West 49.57 feet,North 84°21'29" West
56.91 feet,South 81-3631" West 171.19 feet,South 50024'31" West 70.00 feet;thence leaving
last said northerly line the following 11 courses:South 82"05'29"East 61.00 feet,
North 65°54'31" East 50.50 feet,North 84"24'31"East 47.50 feet,South 8903529"East 110.50
feet,South 83045'29" East 32.00 feet,North 87024'31"East 118.50 feet,South 81050'29" East
59.00 feet,South 66020'29" East 120.00 feet,South 15010'29"East 25.50 feet,
South 47040'29 East 35.00 feet, South 8905T29" East 5.43 feet to a point on the easterly line of
said Anderson parcel(4484 OR 749);thence along last said line North 00°02'31 East, 146.37
feet to the point of beginning.
Containing an area of 38,564 square feet,more or less.
Bearings are based oaf the California Coordinate System,Zone III(ccs 27).
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APPENDIX "A"
Temporary Road Easement
Portion of Section 6,Township 1 South,Range 1 West,Mount Diablo Base
and Meridian further described as follows
COMMENCING on the east property line of that certain parcel of land
described in the deed to Norma L.Anderson,et al.,recorded October 5, 1976,
in Book 8042 of Official Records,at Page 857,and at the north end of that
property line described in the Gift Deed dated July 2, 1958 executed by Astrid
Humburg,a widow,to Norma L.Anderson and Arthur W.Anderson,Jr.,
husband and wife,as joint tenants,recorded July 8, 1958 in Volume 3189 of
Official Records at Page 405;thence from said Point of Commencement along
said west property line, South 27°27'54"East 7.57 feet to the Point of
Beginning;thence from said Point of Beginning leaving last said property line
North 70"24'30" East 140.12 feet;thence North 59'05'00" East 42.05 feet;
thence North 680 41'08" East 118.88 feet;thence North 60°36'58" East
106.50.feet;thence North 60°54'51" East 198.12 feet;thence North 63°42'
17" East 161.71 feet;thence North 650 23'52"East 198.32 feet;thence North
690 54' 57" East 193.76 feet;thence North 54°03'48" East 94.09 feet;thence
North 760 47' 31" East 172.93 feet;thence South 870 54' 11" East 198.81 feet;
thence South 79°48'29" East 214.08 feet to the west property line of PARCEL
A of Subdivision MS 40-80,filed December 4, 1981,in Book 98 of Parcel
Maps, at Page 42 and the end of said right-of-way.
It is the intent that this easement will extend in an easterly-westerly direction
along the existing roadway across grantors property,and that the actual length
of the easement will be from one property line to the other and said easement is
for roadway purposes and ingress and egress.
Bearings are based on the California Coordinate System,Zone III(ccs 27).
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APPENDIX "A"
Temporary Construction
Easement
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California,described as follows:
A portion of Section 6,Township I South,Range 1 West,Mount Diablo Meridian, further
described as follows:
A strip of land 10.00 feet wide, the northerly line of which is described as follows:
Commencing at the northeasterly corner of that certain parcel of land described in the deed to
Anderson,et al,recorded November 1, 1963,in Book 4484 of Official Records,at Page 749,also
being a point on the southerly boundary of Parcel "B" as designated on the map of Subdivision
6743,filed June 19, 1987,in Book 313 of Maps,at Page 28; thence from said point of
commencement southerly along the easterly boundary line of said Anderson parcel (4484 OR
749)South 00°0211" West, 146.37 feet to the point of beginning of the herein described 10.00
feet wide strip of land;thence from the Point of Beginning,leaving last said easterly boundary
line the following 11 courses: North 89057'29" West 5.43 feet,North 47040'29 West 35.00 feet,
North 15'10'29" West 25.50 feet,North 66020'29" West 120.00 feet,North 81 50'29" West
59.00 feet,South 87'24'31" West 118.50 feet,North 83'4529" West 32.00 feet,
North 8903529" West 110.50 feet, South 84'24'31" West 47.50 feet, South 65'54'31" West
50.50 feet,North 82005'29" West 61.00 feet,to a point on the northerly boundary line of said
Anderson parcel(4484 OR 749). The side lines of said 10 feet wide strip of land to be lengthened
or shortened to terminate at said easterly and northerly boundary lines of said Anderson parcel
(4484 OR 749).
Containing an area of 6702 square feet,more or less.
Bearings are based on the California Coordinate System,Zone III(ccs 27).
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