HomeMy WebLinkAboutMINUTES - 10282003 - SD4 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, } RESOLUTION OF NECESSITY
4 North Broadway Area } No2 0 0 3/ 538
Revitalization Project } (C.C.P. § 1245.230)
5 Bay Point Area }
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Contra Costa County intends to revitalize the North Broadway neighborhood in the Bay Point area
11 with the installation of new roads, sidewalks, curbs and gutter, underground drainage and
12 reconstruction and/or extensions of existing roads where necessary, and, in connection therewith,
13 acquire interests in certain real property.
14 The properties to be acquired consist of three parcels generally located in the Bay Point area.
15 Two of the parcels are improved with single-family residences and one parcel consists of
16 undeveloped land. The properties are more particularly described in Appendix"A" attached hereto
17 and incorporated herein by this reference.
18 On October 7, 2003, notice of the County's intention to adopt a resolution of necessity for
19 acquisition by eminent domain of the real property described as Parcels 1, 2 and 3 in Appendix"A"
20 was sent to the persons whose names appear on the last equalized County Assessment Roll as owners
21 of that property. The notice specified October 28, 2003, at 9:30 a.m. in the Board of Supervisors
22 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
23 place for the hearing thereon.
24 The hearing was held at that time and place, and all interested parties were given an
25 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
26 hereby declares the following:
27 1. The public interest and necessity require the proposed project; and
28 2. The proposed project is planned and located in the manner which will be most
RESOLUTION NO. 2003/ S 3+3
1 compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by section 7267.2 ofthe Government Code was made to the owner
4 or owners of record of Parcels 1 and 2. The offer required by section 7267.2 of the
5 Government Code was not made to the owner or owners of record of Parcel 3
6 because the offer that was sent to them at the address that appears on the last
7 equalized County Assessment Roll was returned as undeliverable,no phone messages
8 to the owners of record were returned,and the owners of record cannot otherwise be
9 located with reasonable diligence; and
10 5. That insofar as any of the property described in this resolution has heretofore been
11 dedicated to the public use for public purposes, the acquisition and use of such
12 property by Contra Costa County for highway purposes is for a more necessary public
13 use than the use to which the property has already been appropriated or a compatible
14 public use. This determination and finding is made and this resolution is adopted
15 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610;and
16 6. On December 2, 1997, this Board approved the proposed project and adopted the
17 Negative Declaration pertaining to this project and directed the filing of a Notice of
18 ` Determination. The Notice of Determination was filed and posted on December 5,
19 1997.
20 The County Counsel of this County is hereby AUTHORISED and ENMOWERED:
21 To acquire in the County's name, by condemnation, the titles, easements and rights of way
22 hereinafter described in and to said real property or interest{s} therein, in accordance with the
23 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
24 Parcels 1, 2 and 3 are to be acquired in fee title.
25 To prepare and prosecute in the County's name such proceedings in the proper court as are
26 necessary for such acquisition;
27 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
28 court for an order permitting the County to take immediate possession and use said real property for
RESOLUTION NO. 2003/633
I said public uses and purposes.
2 PASSED and ADOPTED on October 28, 2003, by the following vote:
3 AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and UESAULNIER
4 NOES: NONE
5 ABSENT: NONE
6 ABSTAIN: NONE
7 I HEREBY CERTIFY that the foregoing resolution was duty and regularly introduced,passed
8 and adopted by the vote of two-thirds or more ofthe Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
10 i hereby certify that this Is a true and correct
COPY of an action taken and entered on the
11 minutes of the 13 arc! of Supervisors on the
date shown.
12 ATTESTED:
JOHN sillEl�'�' f , Clerk of the Board
13 of Su rvisb0�0 My Administrator
-'Ls
143y Deputy
15 Ong. Dept: Public Works Department (R/P)
Contact: Dick R. Awenius (313-2227)
16 Auditor-Controller
County Counsel(Certified Copy)
17
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22 H.%Condemnation FormsINORTFI BROADWAY REVITALIZATION PROJECT-RON.rvpd
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RESOLUTION NO. 2003/638
James
APN 0196-033-031
North Broadway Revitalization
Project Phase Ill
Project No.: 0662-6R4141
APPENDIX "A"
Parcel 1: Fee
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND
IS DESCRIBED AS FOLLOWS:
A PORTION OF LOT 10, BLOCK B, AS SAID LOT AND BLOCK ARE SHOWN
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "POINSETTIA LAND
COMPANY WEST PITTSBURG TRACT UNIT NO. 1", FILED JUNE. 8, 1926 IN
MAP BOOK 19, PACE 606, IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 10, BLOCK B; THENCE
SOUTH 50 FEET; THENCE EAST 163.75 FEET; THENCE NORTH 50 FEET;
THENCE WEST 163.75 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
ALL THAT PORTION OF SAID LAND DESCRIBED IN THE
RESOLUTIONIGRANT DEED TO CONTRA COSTA COUNTY RECORDED
AUGUST 6, 1953 IN BOOK 2172 PAGE 86 OFFICIAL RECORDS.
This real properly description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
D SU
Signator ME
Licensed Land Surveyor ,` ` '` ~
* Exp. 12-31-04
No.5999
Date: OF OAS-���
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Singhbhairo
APN 096.032-005
North Broadway Revitalization
Project Phase III
Project No.: 0552-684141
APPENDIX "A"
Parcel 2: Fee
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND
IS DESCRIBED AS FOLLOWS:
THE EAST 163.75 FEET OF THE NORTH 50 FEET OF LOT 40, BLOCK B, MAP
OF POINSETTIA LAND COMPANY, WEST PITTSBURG TRACT, UNIT 1, FILEN
JUNE 8, 1926, MAP BOOK 19, PAGE 506, CONTRA COSTA COUNTY
RECORDS.
EXCEPTING THEREFROM:
THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED
RECORDED AUGUST 6, 1953, BOOK 2172, OFFICIAL RECORDS, PAGE 86.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signatu :
;;:
Licensed Land Surveyor ilNfl
EXP.9/3(l 3 7k
Date: 9 ' i.S,6571�'S
OF 0 �1
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Pochini
APN 096-032-021
North Broadway Revitalization
Project Phase III
Project No.: 0662-6R4141
APPENDIX `°A"
Parcel 3: Fee
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND
IS DESCRIBED AS FOLLOWS.
THE WEST 138.75 FEET OF THE NORTH 50 FEET OF LOT 40, IN BLOCK "B",
AS SHOWN ON THE MAP ENTITLED, "POINSETTIA LAND COMPANY, WEST
PITTSBURG TRACT UNIT NO. 1, CONTRA COSTA COUNTY, CALIFORNIA",
FILED ON JUNE 8, 1926, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY IN BOOK 19 OF MAPS, AT PAGE 506.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
SignaturWE
e* - 7 ,
Licensed Land Surveyor � ' ,
* Exp.12-3104
No.5999 �q
Date:
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