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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re : Condemnation of Property RESOLUTION OF NECESSITY
for Public Road Purposes No. 94/647
4 State Hwy 4/Phase III (C.C.P. Sec. 1245 .230)
Oakley Area
5
6 The Board of Supervisors of Contra Costa County, California,
7 by vote of two-thirds or more of its members, RESOLVES THAT:
8 Pursuant to Government Code Section 25350 .5 and Streets and
9 Highways Code Section 943 , Contra Costa County intends to construct
10 a road reconstruction project, a public improvement, to widen a
11 Portion of State Hwy 4 in the Oakley area, including the relocation
12 of utilities, and, in connection therewith, acquire interests in
13 certain real property.
14 The property to be acquired consist of 11 parcels and is
15 general located in the Oakley area. The said property is more
16 Particularly described in Appendix "A" , attached hereto and
17 incorporated herein by this reference.
18 On December 5 , 1994, notice of the County' s intention to
19 adopt a resolution of necessity for acquisition by eminent domain
20 of the real property described in Appendix "A" was sent to persons
21 whose names appear on the last equalized County Assessment Roll as
22 owners of said property. The notice specified Tuesday, December
23 20, 1994 at 11 : 00 a.m. in the Board of Supervisors Chambers in the
24 Administration Building, 651 Pine Street, Martinez, California, as
25 the time and place for the hearing thereon.
26 The hearing was held at that time and place, and all
27 interested parties were given an opportunity to be heard. Based
28
RESOLUTION NO. 94/647
1 upon the evidence presented to it, this Board finds, determines and
2 hereby declares the following:
3 1 . The public interest and necessity require the proposed
4 project; and
5 2 . The proposed project is planned and located in the manner
6 which will be most compatible with the greatest public good and the
7 least private injury; and
8 3 . The property described herein is necessary for the
9 proposed project; and
10 4 . The offer required by Section 7267 .2 of the Government
11 Code was made to the owner or owners of record.
12 The County Counsel of this County is hereby AUTHORIZED and
13 EMPOWERED:
14 To acquire in the County' s name, by condemnation, the titles,
15 easements and rights of way hereinafter described in and to said
16 real property or interest (s) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and
18 the Constitution of California;
19 Parcels 52255-1, 52235-1, 52234-1, 52245-1, and 52253-1 are
20 to be acquired in fee title .
21 Parcels 52255-2, 52235-2, 52235-3, 52245-2, 52253-2 and
22 52246-1 are to be acquired as permanent easements.
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 on an
27 appraisal, and to apply to said court for an order permitting the
28 2
1 County to take possession and use said real property for said
2 public uses and purposes .
3 PASSED and ADOPTED on December 20, 1994 , by the following
4 vote :
5 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
6 NOES: None
7 ABSENT: None
8 ABSTAIN: NOne
9 I HEREBY CERTIFY that the foregoing resolution was duly and
10 regularly introduced, passed and adopted by the vote of two-thirds
11 or more of the Board of Supervisors of the Contra Costa County,
12 California, at a meeting of said Board on the date indicated.
13 Dated: December 20, 1994
14 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
15 J n
16 By:
Deputy
17
18
19
20
21
22 cc : Public Works Department
Real Property Division
23 Auditor-Controller
County Counsel (certified copy)
24 County Administrator
25
26 df13: phase3.ron
27
28 3
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.3
Miguel
APPENDIX "A"
PARCEL NUMBER 52255-1: (FEE TAKE)
A portion of the southeast 1/4 tf Section 23, Township 2 North, Range 2 East, Mount Diablo
Meridian, being a portion of that parcel of land described in the deed to Anthony T. Miguel and
Marjorie E. Miguel, Trustees of the Miguel Family Trust UTA Dated August 19, 1992, recorded
September 22, 1992 in Book 17850 of Official Records at page 559, records of Contra Costa
County, State of California, being all of said Miguel parcel lying south of a line 46.00 feet northerly
(measured at right angles) and parallel with the south line of said Section 23, said line extending
from the west line to the east line of said Miguel parcel.
Containing an area of 3,448 square feet of land, more or less.
PARCEL NUMBER 52255-2: (Utility Easement)
A portion of said Miguel parcel (17850 O.R. 559) lying south of a line 51.00 feet northerly (measured
at right angles) and parallel with the south line of said Section 23, said line extending from the west
line to the east line of said Miguel parcel, and bounded on the south by PARCEL NUMBER 52255-1
described above.
Containing an area of 1,078 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27).
Multiply distances by 1.00006296 to obtain ground distances.
This real property descripti s een prepared by me or under my direction in conformance with
the Land Surveyors Act.
� Uq
Signature: 1ANDS
�.srock�
n Land Surveyor
n osta Co my Public Works m
No.s9 ,
Date: l 9 6 9 X77
cPj9 �P
JH:jlg rFOF CAL`Q
c\ax:52m.p1
May 9,1994
Page 1 of 8
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.1
Tassel, et ux
APPENDIX "A"
PARCEL NUMBER 52235-1: (FEE TAKE)
A portion of the northwest 1/4 of the northwest 1/4 of Section 26, Township 2 North, Range 2 East,
Mount Diablo Meridian, being a,portion of that parcel of land described in the deed to Harry W.
Tassel, et ux recorded January 15, 1980 in Book 9695 of Official Records at page 784 Records of
Contra Costa County, State of California being all of said Tassel parcel lying north of a line 50.00
feet southerly (measured at right angles) and parallel with the north line of said section 26, said line
extending from the west line to east line of said Tassel parcel.
Containing an area of 9,349 square feet of land, more or less.
PARCEL NUMBER 52235-2: (Slope and Utility Easement)
Commencing at the northwest corner of said Tassel parcel (9695 O.R. 784); thence, leaving the
north line of said Section 26, along the west line of said Tassel parcel, south 0052'46" west 50.00
feet to the Point of Beginning; thence from the Point of Beginning, along the southerly line of
PARCEL NUMBER 52235-1 described above,south 89007'14"east 261.98 feet to a point which shall
hereinafter be referred to as Point "A'; thence leaving last said line, south 0052'46" west 10.00 feet:
thence north 89007'14" west 261.98 feet to the west line of said Tassel parcel (9695 O.R. 784);
thence along said west line, north 0052'46" east 10.00 feet to the Point of Beginning.
Containing an area of 2,620 square feet of land, more or less.
PARCEL NUMBER 52235-3:.-(Utility Easement)
Beginning at the hereinbefore described Point "A" in PARCEL NUMBER 52235-2 above; thence
along the southerly line of PARCEL NUMBER 52235-1 described above,south 89007'14"east 287.98
feet to the east line of said Tassel parcel (9695 O.R. 784); thence along said east line, south
0052'46"west 1.03 feet; thence leaving said east line, south 89005'43"west 288.12 feet; thence north
0°52'45' east 10.00 feet to the Point of Beginning.
Containing an area of 1,587 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). Multiply
given distances by 1.00006296 to obtain ground distances.
Page 2 of 8 -
This real property description has been prepared by me or under my direction, in conformance with
the Professional LandS rs Act.
LOD 5(;q��
Signature: �`� �'570 ���°9
ensed 'Land Surveyor "_�Q c�
ontra Cos County Public Works No.
Date: OFC
6LS:jlg
c\ex:Tassel.fee
5/9/94
Page 3 of 8
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.1
APPENDIX "A" Esquivel
PARCEL NUMBER 52234-1 (FEE TAKE)
A portion of the South 112 of the West 1/2 of the South 1/2 of the Southwest 1/4 of Section 23
Township 2 North, Range 2 East, Mount Diablo Meridian being a portion of that parcel of land
granted to Patricia K. Gutzwiller, recorded February 12, 1986 in Book 12741 of Official Records at
page 117 records of Contra Costa County, California, described as follows:
Commencing at the northeast corner of said Gutzwiller parcel (12741 O.R. 117); thence along the
east line of said parcel south 0034'39" west 80.00 feet to the Point of Beginning, thence from the
Point of Beginning continuing along said east line south 0°34'39" west 20.00 feet to a point on a line
parallel with and 30.00 feet northerly from the centerline of Highway 4; thence along said parallel line
north 89007'14"west 80.10 feet to the beginning of a tangent curve, concave to the northeast, having
a radius of 20.00 feet; thence leaving said parallel line, westerly, northwesterly and northerly along
the arc of said curve 31.31 feet through a central angle of 89042'00"; thence north 0034'46" east
21.11 feet; thence south 44007'14" east 29.70 feet; thence south 89007'14" east 79.10 feet to the
Point of Beginning.
Containing an area of 2,134 square feet of land, more or less.
Including, the release and relinquishment of any and all abutters rights of access appurtenant to
State Highway 4 along the previously described courses in PARCEL NUMBER 52234-1 above; 1)
south 44°07'14" east 29.70 feet, 2) south 89°07'14" east 79.10 feet.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27)_ Multiply
distances shown by 1.00006296 to obtain ground distances.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Sury ors Act.
1AND SUq`
Signature: �'.sYoc,Y�ycso9
sed Land Surveyor
No.6995
tra Costa County Public Works
Date:
9�OF CALlF
BLS.jlg:glo
c\evesquivel.fee
1/11/95
Page 4 of 8
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.2
Arzate, et al.
APPENDIX "A"
PARCEL NUMBER 52245-1: (FEE TAKE)
A portion of the unincorporated area of Contra Costa County, State of California, being a portion of
Parcel "B" as shown on the map of Subdivision 5500 filed November 12, 1980 in Book 247 of Maps
at Page 28, records of said County described as follows:
Commencing at the northeast corner of said Parcel "B"; thence along the northerly line, north
89007'02"west 88.38 feet to the Point of Beginning, said point hereinafter being referred to as Point
"A"; thence leaving said Point of Beginning south 0052'58" west 5.00 feet to a point which shall
hereinafter be referred to as Point "B'; thence north 89007'02" west 5.00 feet to a point which shall
hereinafter be referred to as Point "C", thence south 4505356"west, 28.27 feet to a point on the west
line of said Parcel "B" (247 M 28) which shall hereinafter be referred to as Point "D"; thence along
said line north 0054'54" east 14.99 feet to the beginning of a tangent curve concave to the southeast
having a radius of 10.00 feet; thence along the arc of said curve through a central angle of 89057'56"
an arc length of 15.70 feet; thence tangent to said curve south 89007'02" east 14.99 feet to the Point
of Beginning.
Containing an area of 303 square feet of land, more or less.
Including the release and relinquishment of any and all abutter's rights of access appurtenant to
State Highway 4 along the portion of the hereinbefore described PARCEL NUMBER 52245-1 being
a line connecting Points "A", "B", "C" and "D".
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). Multiply
given distances by 1.00006296 to obtain ground distances.
PARCEL NUMBER 52245-2: (Utility Easement)
Being the most northerly 5.00 feet of said Parcel "B".
Excepting Therefrom All of said Parcel Number 52245-2 lying within the above described Parcel
Number 52245-1.
Containing an area of 442 square feet of land, more or less.
Page 5 of 8
This real property description has been prepared by me or under my direction, in conformance with
the Professional La SVrveyors Act.
LAND S
Signature: °S70 U9`
GKi `��0
Licensed Land Surveyor
Contra Costa County Public Works NO.s
/l , y
Date: .
OFC- ,
BLS:jlg:glo
c1ex:Arzate.fee
1/11/95
Page 6 of 8
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.3
Beck
APPENDIX "A"
PARCEL NUMBER 52253-1: (Fee Take)
A portion of the southeast 1/4 of Section 23, Township 2 North, Range 2 East, Mount Diablo
Meridian, being a portion of that parcel of land described in the deed to Edna A. Beck, Trustee of
the Edna A. Beck Trust UTA Dated August 19, 1992, recorded September 21, 1992 in Book 17844
of Official Records at page 540, records of Contra Costa County, State of California, being all of
said Beck parcel lying south of,a line 46.00 feet northerly (measured at right angles) and parallel
with the south line of said Section 23, said line extending from the west line to the east line of said
Beck parcel.
Containing an area of 1,215 square feet of land, more or less. -
PARCEL NUMBER 52253-2: (Utility Easement)
All of said Beck parcel (17844 O.R. 540) lying south of a line 51.00 feet northerly (measured at right
angles) and parallel with the south line of said Section 23, said line extending from the west line to
the east line of said Beck parcel, and bounded on the south by PARCEL NUMBER 52253-1
described above.
Containing an area of 380 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27).
Multiply distances by 1.00006296 to obtain ground distances.
This real property description een prepared by me or under my direction in conformance with
the Land Surveyors Act
i
Signature: 0 LAND SU'9'
sed Land Surveyor
tra =ty Public Works No.Date:
JH:'1I9 sTgrF QFC
c\ex:52253.p1
May 9, 1994
Page 7 of 8
State Highway 4
Empire Avenue to Vintage Parkway
Drawing A-X1121.2
Seeno Construction Co.
APPENDIX "A"
PARCEL NUMBER 52246-1: (Utility Easement)
A portion of the unincorporated area of Contra Costa County, State of California, being a portion
of Parcel "A" as shown on the Map of Subdivision 5500 filed November.12, 1980 in Book 247 of
Maps at page 28, records of said County. described as follows:
Beginning at the northwest corner of said Parcel"A" (247 M 28); thence from the Point of Beginning
along the northerly line of Parcel "A" south 89007'02" east 226.34 feet to the northeast corner of
Parcel "A"; thence along the easterly line of Parcel "A" south 0'°53'42"west 5.00 feet; thence leaving
the easterly line of Parcel "A" north 89°07'02"west 226.34 feet to a point on the westerly line of said
Parcel "A" (247 M 28); thence along said westerly line, north 0°55'08" east 5.00 feet to the Point of
Beginning.
Containing an area of 1,131 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone 111 (CCS 27).
Multiply distances by 1.00006296 to obtain ground distances.
This real property description a been prepared by me or under my direction in conformance with
the Professional Land S ry s Act.
p LA":0 S(iR
Signature: c, �'S7o��ti��9
V ed Land Surveyor m
ra Costa County Public Works .9��
Date: 9 sr9T �s
F4F CAL*
JH:jlg
c\ex:52246.p 1
May 9, 1994
Page 8 of 8