HomeMy WebLinkAboutMINUTES - 01121999 - D4 JV
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, } RESOLUTION OF NECESSITY
4 State Route 4 East Project } NO. 99/10
Pittsburg Area } (C.C.P. Sec. 1245.230)
5 }
6 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or more
7 of its members, RESOLVES that:
8 Pursuant to Government Code section 25350.5 and Streets and Highways Code section 943,
9 Contra Costa County, in conjunction with the Contra Costa Transportation Authority and
10 Caltrans, intends to construct a road reconstruction project, a public improvement, to widen and
11 improve State Route 4 between Bailey Road and Railroad Avenue in Pittsburg, and, in
12 connection therewith, acquire interests in certain real property.
13 The property to be acquired consists of 19 parcels and is generally located in the Pittsburg
14 area. The said property is more particularly described in Appendix"A", attached hereto and
15 incorporated herein by this reference.
16 On December 24, 1998, notice of the County's intention to adopt a resolution of necessity
17 for acquisition by eminent domain of the real property described in Appendix "A"was sent to
18 persons whose names appear on the last equalized County AssessmentRoll as owners of said
19 property. The notice specified January 12, 1999, at 9:00 a.m. in the Board of Supervisors
20 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
21 place for the hearing thereon.
22 The hearing was held at that time and place, and all interested parries were given an
23 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
24 and hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
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RESOLUTION NO. 99I 10
1 3. The property described herein is necessary for the proposed project; and
2 4. The offer required by section 7267.2 of the Government Cade was made to the owner
3 or owners of record.
4 5. That insofar as any of the property described in this resolution has heretofore been
5 dedicated to the public use for public purposes, the acquisition and use of such
6 property by Contra Costa County for highway purposes is for a more necessary public
7 use than the use to which the property has already been appropriated or a compatible
8 public use. This determination and finding is made and this resolution is adopted
9 pursuant to Code of Civil procedure sections 1240.510 and 1240.610.
10 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
11 To acquire in the County's name,by condemnation,the titles, easements and rights of way
12 hereinafter described in and to said real property or interest(s)therein, in accordance with the
13 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
14 Parcels 56683-1, 56691-1, 56693-1, and 56694-1 are to be acquired in fee title.
15 Parcel 56694-5 is to be acquired as permanent easements.
16 Parcels 56683-2, 56693-2, 56694-2, 56694-4, 56708-1, 56716-1, 56717-1, 56720-1, and
17 56721-1, are to be acquired as temporary construction easements.
18 Parcels 56708-2, 56716-2, 56717-2, 56720-2, and 56721-2, are to be acquired as Abutter's
19 Rights (Relinquishment of Access Rights).
20 To prepare and prosecute in the County's name such proceedings in the proper court as are
21 necessary for such acquisition;
22 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
23 court for an order permitting the County to take immediate possession and use said real property
24 for said public uses and purposes.
25 PASSED and ADOPTED on January 12, 1999,by the following vote:
26 AYES: SUPERVISORS GTOIA, UILKEMA, GERBER, BESAULNIER, CANCIAMILLA
27 NOES:None
28 ABSENT:None
ABSTAIN: Mone
RESOLUTION NO. 99/10 - 2 -
1 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passes and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
3 Costa County, California, at a meeting of said Board on the date indicated.
4 Date: .TannarW l'>, 1CA99
5 t hereby certify t this is a true and correct copy of
an action taken d entered on the minutes of the
6 Board of Su on the date shown.
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ATTESTM.- , ew
PHIL CHE!OR,C e of hard
7 of isors and Co"Administrator
8 @y puty
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Orig: Dept: Public Works Department(R/P)
1I Contract: Auditor-Controller
County Counsel(Certified copy)
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23 HAGR0UPS\CLER\STArE4.WPD
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RESOLUTION NO. 99/__.- - 3 -
State Route 4 East
Project: Bailey to Railroad
04-CC-Route 4
APPENDIX "A"
Parcel$6683-1 (Fee)MOLES
Being a portion of Lot 261 of Subdivision Number 5734 as filed on October 23, 1980!in Book 246 of Maps at
page 46 in the Office of the County Recorder of Contra Costa County,California,more particularly described
as follows:
BEGINNING at the most northerly corner of said Lot 261; thence along the westerly line of said lot
5.01032'24"E. 0.636 meters; thence leaving said line along a 1688.013 meter radius curve to the right, from a
radial line that bears N.10°19'33"W.,through a central angle of 00°00'55" for an arc length of 0.450 meters to
a point on the northeasterly line of said Lot 261;thence along last said northeasterly line N.39°3924"W. 0.721
meters to the Point of Beginning.
Containing 0.1 square meters (1 square foot), more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the
grantee any and all abutter's rights, including access rights,appurtenant to grantor's remaining property, in and
to said freeway.
Parcel 56§B3-2 (Temporary Construction Easement)MOLES
A Temporary Construction Easement, to terminate on December 31, 2001, for construction purposes and
incidents thereto,upon,over and across Lot 261 of Subdivision Number 5734 as filed on October 23, 1980 in
Book 246 of Maps at page 46 in the Office of the County Recorder of Contra Costa County, California,more
particularly described as follows:
BEGINNING at a point on the westerly line of said Lot 261,whence the most northerly corner of said lot bears
N.01"32'24"W. 0.636 meters; thence along the westerly line of said lot 5.01°3224"E. 1.518 meters; thence
leaving said line along a 1686.513 meter radius curve to the right, from a radial line that bears N.10"20'01"W.,
through a central angle of 00°03'07" for an arc length of 1.525 meters to a point on the northeasterly line of said
Lot 261; thence along last said northeasterly line N.39"39'24"W. 1.721 meters; thence leaving said line along
a 1688.013 meter radius curve to the left, from a radial line that bears N.IV18'38"W., through a central angle
of 00°00'55" for an arc length of 0.450 meters to the Point of Beginning.
Containing 1.5 square meters(16 square feet), more or less.
Parcel 56691-1 (Fee)P. G.& E
A portion of the lands described and designated as Parcel 1 in the deed from Gus Pedemonte and wife to Pacific
Gas and Electric Company dated October 31, 1957 and recorded in Book 3110 of Official Records at page 405
in the Office of the County Recorder of Contra Costa County,California,more particularly described as follows:
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BEGINNING at the northwesterly corner of said Parcel 1 and being located on the southerly right-of-way line
of State Route 4; thence along said southerly right-of-way line and the westerly line of said Parcel 1
5.00°54'22"W., 19.511 meters; thence leaving said southerly right-of-way line and continuing along said
westerly line of Parcel 1 5.00"54'22"W. 10.158 meters; thence leaving said line N.7911 1'12"E. 31.441 meters
to a point on the easterly line of said Parcel 1 and being the westerly line of Subdivision 5734, Hillsdale Unit
Number 9 as filed in Book 246 of Maps at page 46 in said Recorders Office; thence along last said line
N.01008'57"E. 29.763 meters to the northeasterly corner of said Parcel 1 and being a point on said southerly
right-of-way line of State Route 4;thence along last said line 5.79004'03"W. 0.201 meters, S.01107'40"W. 0.313
meters,N.88°44'36"W. 1.663 meters, and 5.79104'03"W. 29.682 meters to the Point of Beginning.
Containing 916.0 square meters(9,860 square feet),more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the
grantee any and all abutter's rights,including access rights,appurtenant to grantor's remaining property, in and
to said freeway.
Parcel 56693-1 (Fee)MANIAR
Being a portion of Parcel B as shown on Subdivision Number 6349 as filed on August 2, 1985 in Book 292 of
Maps at page 7 in the Office of the County Recorder of Contra Costa County, California, more particularly
described as follows:
BEGINNING at a point on the northerly right-of-way line of State Route 4 at the southwesterly comer of said
Parcel B of said Subdivision Number 6349;thence along the westerly line of said Parcel B N.01°15'13"E. 1.495
meters; thence leaving said line 5.88°16'19"E. 53.220 meters; thence along a 2185.737 meter radius curve to
the right,through a central angle of 01 20'41" for an arc length of 51.300 meters to said northerly right-of-way
line of State Route 4; thence along last said line N.88°4542"W. 104.507 meters to the Point of Beginning.
Containing 99.3 square meters (1,069 square feet), more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the
grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and
to said freeway.
Parcel 56693-2 (Temporary Construction Easement)MANIAR
A Temporary Construction Easement,to terminate December 31,2001,for construction:purposes and incidents
thereto,upon, over and across a portion of Parcel B as shown on Subdivision Number 6349 as filed on August
2, 1985 in Book 292 of Maps at page 7 in the Office of the County Recorder of Contra Costa County,California,
more particularly described as follows:
COMMENCING at a paint on the northerly right-of-way line of State Route 4 at the southwesterly corner of
said Parcel B; thence along the westerly line of said Parcel B NA l°1513"'E. 1.495 meters to the TRUE POINT
OF BEGINNING; thence leaving said line 5.88116'19"E. 53.220 meters; thence along a 2185.737 meter radius
curve to the right,through a central angle of 01120'41" for an arc length of 51.300 meters to said northerly right-
of-way line of State Route 4; thence along last said line 5.88°45'42"E. 1.587 meters; thence leaving said line
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N.0101418"E. 1.500 meter; thence N.8804542"W. 1.563 meters; thence along a 2187.237 meter radius curve
to the left,through a central angle of01°21'12" for an arc length of 51.668 meters;thence N.88°15'19"W. 52.876
meters to the westerly line of said Parcel B; thence along last said westerly line 5.01°15'13"W. 1.500 meters to
the True Point of Beginning.
Containing 159.2 square meters(1,714 square feet),more or less.
Parcel 56694-1 (Fee)P. G. &E.
A portion of the lands described in the deed to Pacific Gas and Electric Company recorded January 31, 1952
in Liber 4047 of Official Records at page 278,the deed to Pacific Gas and Electric Company recorded January
31, 1952 in Liber 4047 of Official Records at page 281 and the deed to Pacific Gas and Electric Company
recorded December 31, 1951 in Liber 1872 of Official Records at page 189 in the Office of the County
Recorder of Contra Costa County, California,more particularly described as follows:
BEGINNING at the southeasterly corner of said lands described in Liber 4047 of Official Records at page 281
and being located on the northerly right-of-way line of State Route 4; thence along said northerly right-of-way
line and the southerly line of said lands of Pacific Gas and Electric Company N.88145`42"W. 1247.741 meters
and N.85°48'18"W. 39.758 meters; thence leaving said northerly right-of-way line and southerly line of said
lands of Pacific Gas and Electric Company along a 1710.305 meter radius curve to the right, from a radial line
that bears N.01158'14"W., through a central angle of 03°11'55" for an arc length of 95.477 meters; thence
5.88045'19"E. 795.891 meters; thence 5.88115'20"E. 135.508 meters thence N.01°43'40"E. 8.500 meters;thence
5.88016'19"E. 140.000 meters; thence 5.55114'48"E. 21.731 meters; thence 5.88015'19"E. 100.535 meters to
the easterly line of said lands described in the deed to Pacific Gas and Electric Company dated January 31, 1952
and recorded in Liber 4047 of Official Records at page 281; thence along last said line 5.01°15'13 IV. 1.495
meters to the Point of Beginning.
Containing 6,687.4 square meters (71,983 square feet),more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases;and relinquishes to the
grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and
to said freeway.
Parcel 56694-2 (Temporary Construction Easement)P. G. & E.
A Temporary Construction Easement,to terminate December 31,2001, for construction purposes and incidents
thereto,upon,over and across a portion of the lands described in the deed to Pacific Gas and Electric Company
recorded January 31, 1962 in Liber 4047 of Official Records at page 278, the deed to Pacific Gas and Electric
Company recorded January 31, 1952 in Liber 4047 of Official Records at page 281 and the deed to Pacific Gas
and Electric Company recorded December 31, 1951 in Liber 1872 of Official Records at page 189 in the Office
of the County Recorder of Contra Costa County, California, more particularly described as follows:
BEGINNING at a point on the easterly line of said lands described in Liber 4047 of Official Records at page
281, whence the southeast corner of said lands bears 5.01115'13"W. 1.495 meters; thence N.88116'19"W.
100.536 meters; thence N.65014'48"W. 21.731 meters thence N.88115'19"W. 140.000 meters; thence
5.01043'40"W. 8.500 meters; thence N.88016'20"W. 135.508 meters; thence N.88046119"W. 795.891 meters;
thence along a 1710.305 meter radius curve to the left, through a central angle of 03"11'55" for an are length
of 95.477 meters to the northerly right-of-way line of State Route 4 and the southerly line of said lands of Pacific
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Gas and Electric Company;thence along said northerly right-of-way line of State Route 4 and the southerly line
of said lands of Pacific Gas and Electric Company as follows: (1) N.85°48'18"W. 59.080 meters (2)
5.81042'44"W. 159.887 meters(3) along a 1549.202 meter radius curve to the left, through a central angle of
01132'54" for an are length of 41.854 meters; thence leaving said line N.09150'09"W. 2.121 meters; thence
N.80033'39"E.73.692 meters;thence N.84134'1 6"E. 50.832 meters;thence N.80'36'1 6"E. 77.591 meters;thence
5.85019'16"E. 59.220 meters; thence along a 1711.805 meter radius curve to the right, from a radial line that
bears N.01058'04"W., through a central angle of 03111'45" for an are length of 95.480 meters; thence
5.88046'19"E. 795.897 meters;thence 5.88°16'20"E. 133.614 meters;thence N.01°43'40"E. 9.000 meters;thence
5.88016'19"E. 142.407 meters;thence 5.65°14'48"E.23.010 meters;thence 5.88°16'19"E. 99.523 meters to said
easterly line of the lands described in Liber 4047 of Official Records at page 281; thence along last said line
5.011115'13"W. 1.500 meters to the Point of Beginning.
Containing 2,500.1 square meters (26,911 square feet),more or less.
Parcel 56694-4 (Temporary Construction Easement)P. G. & E.
A Temporary Construction Easement, to terminate December 31,2001, for construction purposes and incidents
thereto,upon, over and across a portion of the lands described in the deed to Pacific Gas and Electric Company
recorded January 31, 1962 in Liber 4047 of Official Records at page 278 in the Office',of the County Recorder
of Contra Costa County, California,more particularly described as follows:
BEGINNING at the most southwesterly corner of said lands located on the northerly right-of-way line of State
Route 4;thence along last said line N.79004'03"E. 30.644 meters;thence leaving said line N.10"55'57"W. 1.500
meters; thence 5.79°04'03"W. 30.326 meters to the westerly line of said lands of Pacific Gas and Electric
Company; thence along last said line 5.01101'02"W. 1.533 meters to the Point of Beginning.
Containing 45.7 square meters(492 square feet),more or less.
Parcel 56694-5 (Storm Drain Easement) P. G. & E.
A Storm Drain Easement located in a portion of the lands described in the deed to Pacific Gas and Electric
Company recorded January 31, 1962 in Liber 4047 of Official Records at page 278 in the Office of the County
Recorder of Contra Costa County, California,more particularly described as follows:
COMMENCING at the southeasterly corner of said lands of Pacific Gas and ElectricCompany;
thence along the easterly line of said lands N.01°12'11"E.4.360 meters;thence leaving said line N.88116'20"W.
60.701 meters; thence N.88°46'19"W. 274.352 meters to the TRUE POINT OF BEGINNING; thence
N.88046'13"W. 9.400 meters; thence N.01113'41"E. 3.800 meters;thence 5.88146'19"E. 9.400 meters; thence
5.01°13'4 1"W. 3.800 meters to the True Point of Beginning.
Containing 35.7 square meters(384 square feet),more or less.
Parcel 567t18-1 (Temporary Construction Easement)SIDRAN
A Temporary Construction Easement,to terminate December 31,2001, for construction purposes and incidents
thereto, upon, over and across Lot 210 of Subdivision Number 5733 as filed on June 6, 1980 in Book 239 of
Maps at page 45 in the Office of the County Recorder of Contra Costa County, California, more particularly
described as follows.
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BEGINNING at the northeasterly corner of said Lot 210; thence along the easterly line of said lot
5.12047'00"W. 1.640 meters; thence 5.78°56'23"W. 29.715 meters to the southwesterly line of said lot; thence
along last said line N.01°13'26"E., 1.535 to the northwesterly line of said lot; thence along last said line
N.78056123"E. 30.051 meters to the Point of Beginning.
Containing 44.8 square meters (482 square feet), more or less.
Parcel $6708-2 (Relinquishment of Access Rights) SIDRAN
Relinquishment to the State of California of any and all abutter's rights, including access rights to the adjacent
State freeway right of way,appurtenant to the northerly line of grantor's property described in the deed recorded
at Book 18516 at page 722, Official Records of Contra Costa County.This Conveyance is made for the purpose
of establishing said Highway right-of-way as a freeway.
Parcel 56716-1 (Temporary Construction Easement)EHRHAR.DT
A Temporary Construction Easement,to terminate December 31,2001, for construction purposes and incidents
thereto, upon, over and across Lot 201 of Subdivision Number 5733 as filed on June 6, 1980 in Book 239 of
Maps at page 45 in the Office of the County Recorder of Contra Costa County, California, more particularly
described as follows;
BEGINNING at the northwesterly corner of said Lot 201; thence along the westerly line of said lot
S.01013'26"W. 1.519 meters; thence 5.79°4021"E. 19.171 meters; thence 5.88°45'42"E. 0.120 meters to the
easterly line of said lot; thence along last said line N.01°13'26"E., 1.500 meters to the northeasterly corner of
said lot and the southerly right-of-way line of State Route 4; thence along last said ling N.79'40'21"W. 19.292
meters to the Point of Beginning.
Containing 28.9 square meters(3 11 square feet),more or less.
Parcel 56716-2 (Relinquishment of Access Rights)EHRHARDT
Relinquishment to the State of California of any and all abutter's rights, including access rights to the adjacent
State freeway right of way, appurtenant to the northerly line of grantor's property described in the deed recorded
at instrument number 94-218177, Official Records of Contra Costa County. This Conveyance is made for the
purpose of establishing said Highway right-of-way as a freeway.
Parcel 56717-1 (Temporary Construction Easement)NEWBERRY
A Temporary Construction Easement,to terminate December 31,2001, for construction'purposes and incidents
thereto,upon, over and across Lot 200 and Parcel A of Subdivision Number 5733 as filed on June 6, 1980 in
Book 239 of Maps at page 45 in the Office of the County Recorder of Contra Costa County, California,more
particularly described as follows:
BEGINNING at the northwesterly corner of said Parcel A; thence along the westerly line of said parcel
S.01013'26"W. 1.500 meters; thence 5.88°45'42"E. 23.621 meters to the easterly line of said Lot 200; thence
along last said line N.01°1326"E., 1.500 meters to the northeasterly comer of said lot and the southerly right-of-
way line of State Route 4; thence along last said line N.8804542"W. 23.621 meters to the Point of Beginning.
Containing 35.4 square meters (381 square feet), more or less.
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Parcel$6717-2(Relinquishment of Access Rights)NEWBERRY
Relinquishment to the State of California of any and all abutter's rights,including access rights to the adjacent
State freeway right of way,appurtenant to the northerly line of grantor's property described in the deed recorded
at instrument number 96-66460,Official Records of Contra Costa County. This Conveyance is made for the
purpose of establishing said Highway right-of-way as a freeway.
Parcel$6720-1 (Temporary Construction Easement)MARIANO
A Temporary Construction Easement, to terminate December 31,2001, for construction purposes and incidents
thereto, upon, over and across Lot 198 of Subdivision Number 5733 as filed on June>6, 1980 in Book 239 of
Maps at page 45 in the Office of the County Recorder of Contra Costa County, California,more particularly
described as follows:
BEGINNING at the northwesterly corner of said Lot 198; thence along the westerly line of said lot
5.01°13'26"W. 1..500 meters; thence 5.88°4542"E. 18.287 meters to the easterly lineof said Lot 198; thence
along last said line 61.01°13'26"E., 1.500 meters to the northeasterly corner of said lot and the southerly right-of-
way line of State Route 4; thence along last said line N.88°45'42"W. 18.287 meters to the Point of Beginning.
Containing 27.4 square meters(295 square feet), more or less.
Parcel 56720-2 (Relinquishment of Access Rights)MARIANO
Relinquishment to the State of California of any and all abutter's rights,including access rights to the adjacent
State freeway right of way, appurtenant to the northerly line of grantor's property described in the deed recorded
at Book 13593 at page 119,Official Records of Contra Costa County. This Conveyance is made for the purpose
of establishing said Highway right-of-way as a freeway.
Parcel 55721-1 (Temporary Construction Easement)YEE
A Temporary Construction Easement,to terminate December 31,2001, for construction purposes and incidents
thereto, upon, over and across Lot 197 of Subdivision Number 5733 as filed on June 6, 1980 in Book 239 of
Maps at page 45 in the Office of the County Recorder of Contra Costa County, California, more particularly
described as follows:
BEGINNING at the northwesterly corner of said Lot 197; thence along the westerly line of said lot
5.01013'26"W. 1.500 meters; thence 5.88145'42"E. 18.287 meters to the easterly line of said Lot 197; thence
along last said line N.01°1326"E., 1.500 meters to the northeasterly comer of said lot and the southerly right-of-
way line of State Route 4; thence along last said line N.88145'42"W. 18.287 meters to the Point of Beginning.
Containing 27.4 square meters (295 square feet),more or less.
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Parael M21-2 (Relinquishriient of Access Rights)YEE
Relinquishment to the State of California of any and all abutter's rights,including access rights to the adjacent
State f noway right of way,appurtenant to the northerly line of granter's property described in the dced recorded
at Book 14810 at page 401,Official Records of Contra Costa County.This Conveyance is made for the purpose
of establishing said Highway right-cif--way as a freeway.
This veal property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
C.
Signature '0,0'/� — -
4lrioonsed Land'Surveyor
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Date z rr. '9 `� cat ExH�� c�¢
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