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HomeMy WebLinkAboutRESOLUTIONS - 01011967 - 67-365 .4 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA 3 In the Fatter of Resolution 4 for Condemnation of "lea_ Frooerty CONDEMNATION Re !;fired for Reconstr^oct.Ion of RESOLUTION NO._i7,/36'-> f The Board of Supervisors of Centra Costa County, California ,by vete of two-thirds or more of all its members, RESOLVES THAT: g It finds and determines and hereby declares that the 14 public interest and necessity require : 11 The acquisition, construction and completion by the 12 r County of Contra Costa, of a public improvement; and in con- 13 'i vection therewith and necessary therefor, the acquisition o.` 14 '; fee simple title to real property, and other interest( s) in 15 4 real property as described in Appendix( s) attached hereto; 16 Said proposed public improvement is planned and located 17 i in the manner which will be most compatible with the greatest 18 :; public good., and the least private injury; 19 ` This Board shall acquire in the name of the County of 20 3 Contra Costa, the said real property and interest( s) therein 21 by donation, purchase, or by condemnation in accordance with 22 the provisions for eminent domain in the Code of Civil 23 Procedure; 24 The District Attorney of this County is hereby 25 '!! authorized and empowered. 26 '` To acquire in the County' s name, by condemnaticn, the i 27 i' titles, easements and rights of way hereinafterdescribed in 28 ?'and to the said real property or interest( s) therein in ;t 29 it accordance with the provisions for eminent domain in the Code 34 11of Civil Procedure and the Constitution. of Cal If ornin, 31 ;i 32 " 't ?/3 EXHIBIT "A" i� N To prepare and prosecute in the County' s nacre such proceedings in the proper court a.e are necessary for such acquisition, and 4 To apply to said court for an order fixing the amount and nature of such security as it may direct, and to deposit 6 such security as so directed, and for an order permitting the 7 County to take immediate possession and use of said real $ property or interest( s) therein for said public uses and purposes, iso The said real property and interest( s) in real 11 property are more particularly described in Appendix A 12 attached hereto and by this reference made a para hereof to 13 the same extent as if herein fully set forth in words and 14 figures. 15 PASSED AND ADOPTED on Jvlaa P-33 .'1.9$6, by the following vote : 16 17 ? AYES: Supervisors - James . Kenkr, Jane�,, r E. Moriarty, ?'i Fred I . Dias, Edund "� nsehe _ , Tho#gas cin "oil. ,8 NOES: Supervisors - kjone i9 ABSENT: Supervisors - None ii 20 I HEREBY CERTIFY that the foregoing resolution was 21 duly and regularly -introduced, passed and adopted by the 22 vote of two-thirds or more of the Board of Supervisors of 23 Contra Costa County, California, at a meeting of said Board 24 on the date indicated. 25 Dated : M<-ay , . 07 26 27 ; W. T. PAASCH County Clerk and ex-Officto 28 Clerk of the Board of Super- ; visors of Contra Costa County, 29 I California p 34 i By 31 s CUL°,4_1 ;s Deputy 32 _2.. s DA-71 EXHIBIT "A" t y U .j s: Kirker Pass Road Project 526!-65-1 APPENDS z: r: Portion of ;,he Rancho Mo Del Diablo, described as follows ; Beginning at the northwest corner of that parcel of land described in the decree of Final Distribution to Sigrid Frank, recorded May 25, 1959 in Book 3379, Official Records, page 530; i1 thence along the northwest line 'of said parcel north 45' 48, 15 east, 353.11 feet to the northeast corner; thence along the northeast line south 40471 25=` east 68.74 feet to a point on a curve with a radius of 5055 feet and center bearing north 420 40' 28" west; thence southerly and westerly along said curve, through a. central angle of 30 44, 43", an arc length h of 330.43 feet to the beginning of a reverse curve with a radius of 4945.00 feet and center bearing south 380 55' 45" east; thence westerly and southerly along said curve, through a central angle of 00 20 07"o. an arc length of 28.94 feet to a point on the southwest line of the Frank parcel; thence along said line north 44' 111 45" west 46-39 feet to the point of beginning. Containing an area. of 0.486 acres, more or less . PARCEL L ONE--AEA MEN'T) FRIN K A permanent slope and drainage easement and incidents thereto, described as follows Commencing at the most northerly corner of that parcel of land described :in the decree of Final Distribution to Sigrid Frank, recorded. May 25, 1959, Book3379, Official ) Records ge pa530; thence along 'vie northeast line of sa�..t".�. parcel south `80 LIT 2.5" C''iasct 68-74 feet to the true point of beginning; thence continuing along said line south 480 471 25" east 20 .11 feet to a point of a curve with a radius fi375 feet and center nven bVGr3rg iorth Z 2' 41' ` f 5 t west; thence along said curve southwesterly through a central a.nale of 0* Ccs' 46" an arc length of 9.99 feet; thence north x:2_0 35' 10W wests, 20.00 fee L' a point on a curve with radius of D055 feet and center bearing north 42° 35' 10" west; thence along said curve northeasterly ! kconcenuris with the previously described 5075 foot radius curvet , through a central angle of 0° 05' 18"., an are lengthof 7.79 feet to the true point of beginning. Containing an area of 0 .004 acres, more or less. (Continued on Next Page) I j tx er Pass Roark Project a1--6D-2 AppendAix "A" Page 2 Pti.t'�'l.ditL O SE,` TEMPO ARY EAST 'Nr_) FRAINK A temporary slope and dra4Lr.age ea.semc:nt and incidents thereto, to ter.: nate upon eompleL, ori o Construc-ion but not later than. Dece ::;ger 31, '. 668, described as follows Cornmencin at the most northerly corner of that parvel of land described in the decree of fIn al dis�,ribu4Zion to Sigrid Frank, recorded May 25, '1959, Book 4 3379, Official Records � ;30; �i ence along the northeast line of said parte: south 49- 471 25s= ecz5t 88.8sD fees.. to a point on a curve with a radius of 5075 feet and center bearing north 42" 41 ' k 5 rt west; thence a o ; said carve southwesterly through a. central angle of bo bbl 4E", an art length of 9.99 feet to tree true.pont c' eginn-ng;; L hence continuing southwesterly along said, curve through a :. entrap, angle of 00 571 _35-5",* an arc length of 85.01 feet .,cl,n c sojtith 7 a 121 43" west, 54.44 feet to a point on a curve with a rad— us of _50:55 feet and center bearing north. ala 031 ' " west; thence along said curve northeasterly (con- north with the previously described 5015 foot radius curve) tIarough a central angle of 1° 31' 57", an arc length of 1.35.21 feet; thence south. 420 35` 10" east 20.00 feet to the true point of beginning. Containing an area of 0 .051 acres, r,:ore or less. P.'.�CEL D-70 ' �, �1T PREPSB�ri-- RY OF SAS1.' FtRY�vAS-O Beginning at the portIn=,des t corner of the parcel of land described in the deed to the Presbytery of Sa,r Fran cisco, a cor- poration, recorded December 13, 19 in Book 2897 of Off:.Lcia-I Records, page 2' ; thence alongthe northeast ling; of said parcel south 440 11: 457' east 70.45 .feet,; thence leaving said #�re south 45" 491 04" west 442 .42 feet to a po i-nt on the soutmaes t lire of said parcel; thence along said southwest line north 440 1-11 45" west 70.36 feet to the southwest corner of said parte::.; thence along the northwest line of said parcel north. 450 48t *41.5" east 442.42 feet to the point, of beginxiing. Containing an area of 0.715 acres, more or less . i �,y maker Pass Road Srouec:t 5261-6 -i Appendix "11i" .. Page 3 r PARv"L T E "' ) PnrC% '. C GAS ANT .c,E^`�`IR C Portion of Lot 34 as s�iown on the r.,,a, of Ayers Ranch Subd:iv;�sion, led duly 2, *.912 in Rook 7 of Snaps, pages 17c� ana X71, in the off ice of the County Recorder of Contra Costa, descr: uea as land int ,h arcel of eg nn lC :E ? w : _ described in the deed to Pa.ci.f is G'as aw:.d Electric fit iip a ny, a Calif o�'nl c. corporation, recorded ,rune 18, 1958, Roo' 379, page 505 of Official µ R--cords; Ssld poinu being the w_ntersection of the mors:, ?'t>Ies I r .y 1 �2e-` I'-- of, ; irker Pass Road and the souUImereste-2ly line of Concord Boulevard; t pence f-omi said point of beginning along said Kirker Pass road line SOE th 10 571 27west 44.4" feet to a point of cusp; thence north- 1 U-ei ly alo-T g a tangent curve .o the ef' , having 'a' ra"dus C}�` 20 feet, through a central angle of 1G i° J8 3 D:) a an arc lens-h Of 35.13 - feet; thence, radially, nor t`r. 3 ° 18' 32`t east 20.00 '--feet to a po T7t on the aforementioned southwes-arly lisle of Concord Boulevard; thence- along said line-south 580 41' 2811 east 27.87 feet to --t-,h-- point of' begLnning. Containing an area of 0 .0149 acres, more or less. PARCEL FEYM-A (EE) PACIFIC GAS AIN-D ET,-E ,1C portion of trot 87 as shovrn on the ma--,, of R. 'INBurgess Company dap No. 1, Ayers Ranch Subdivision, recorded in. Book 7 of Maps, page 170, on July 2, 1912,. in tI:e office of the Recorder of Contra Costa County, described as follows : Commencing at the most easterly corner of said Lot 87, be-ing _ on the- southeasters..y hounda�7y '_�ne of fir ker Pass Road and the centerline of myrt�e( i rave, cne ;ce along said cenL,erllne of Myrtle 4 Drive north 5 ® T1s .5 west a.v .Q3 feat; thence at right argl�S - soul,-,h 310 181 3.511 west 25.00 feet to a po nt on the southwest line Of :fyr tle 'Drive,. 'tieing a tan2:,en u point of a curve wi th. a radius of -:40.00 feet and center bearing south 31' 1;� 1.5" west, as described .�.n that cer tai n .015 acre parte of land descr�.b the deed to Contra Cos tan dated Tuly l9, 1'56 and recorded in Bork 2817• ofc- �� ia?.Records, page 403; said point being the true_ no-, nt of beg- irm ng.." _ c=f this descript}on; thence fro:: said t rue point--of •b;eginning east-, - e;ly and southerly along the arc cf saidC foot curves, , cugh a ceX?tr�.^. i ` angle- cif iG cx .ray � rs an arc lei gta,Ci 73.�G fee . .to a p�'�� ren- the northwest line of irker Pass -Road; thence a:lorg said north- west road 1'�:e sou,-h 460 43' 39" west 275.70 feet `0 a ; F'.iig.Ee p0i?lt -'Ln said. road lin e; thence continuing alon<z sa.i road 1 :e sout;,- 87* :: i 02 west 117. f eet to a �,o? t frO i w r C'1 .til£' cent— O¢` c^a .aTlgeixt w C;r f.:ir ve Y :nth c.., rad-1 of .i-14-`72 _"ee:; bears �o:�`'�h 24 56, et tt�e�ty thence- . "easter-1y and northerly , UC"g, Gt itarc. oW` said curve, t- -r Gxg_h. - "7 r ,♦vrG .L ang e of 3Q _1 Y 52;1, esr arc .:en e%4 o- C:}.4v 'eet to a pd;_ %J t7i u<^7, ~ - po n i.-; n r+ r- 0" feet radius s r a wt. .i.xd curvature �` o� '41,..3.Ch the wester o%' �. 2��'r�.U� f ewt .;.. tuns v . bears north 3308' 50" west; then---- east-erly and norZ herly along lth arl—I of said curX•e, t,�:`C3L�"� � Cex:>✓ 'ds c � e ox �° 52 . 55 x, an arc - len gth of 702.3,3 Feet to a pont o.� coTi bound curvat-. e fro.. which I_. 'se center of a 40 _`boot radiuscurve bears fore h 39"0' ' 1 �'� west; thence etas ter -y,, northerly and westerly along sa=d curve thro)Cr h. a central a 8]e of 1090 4 C Y 0,0", an. ai*'c �meth of 76.' feet; thenVe radially . diall y mayoixt e. Cytoy ow° said curve, north L h � ea '' . I .31c _ eppv..L 'v..! Ji.1,.i: ��Vt�< r4�c_:C�+ C:.1 tii <:f .:i Li.S ot.�.�:...� .Jt.: SS ..✓L.r max.... v_i.w .i..1s.Lvw•,�:-.._ _. .- bs ence c.'I ong said so1.+r.tJ«�:wes v ..._.._n'`�.r vJ�i..:t✓.h �4+� �':'...� s"�i�• 4•as t ..e.ii w V�� L��u i-�^�, the a S- r�9 .;.. Y w r'�;+;:_ $�rV tJli ��st7�b �r�L/..-C;"4 E.t«� N�.✓g..(..%�i�ila� V oi't+e.. :x.:.. .� C.'.h: ae a. ✓:. 0.22-- acres y mor_- V.,. le.:`.tie d 365 irker Pass Road Project 526!-6 5-1 APpendix "A" _ Page 4 i� CEL rtIL.L is E'`S�E�r1S.:/3.173 1 ItnW .._.�.,...- 'f.....a"�4�i A permanent easement for slope and drainage purposes and incidents thereto, described as follows ,Portion of Lot 87, as shoirm on the nap of R. N, . Burgess Company � Strap J-1, h,yer s Ranch Subdivision' i ecorded ina ' 7 of ���-t � -y C7o:{ o s f �� pc"3 ge 170, in the office of the County Recorder of Contra. Costa County, described as follows CommencinS at the most easterly corner of said ;Lot 87 bery_n� ti �(' t 3 on the southeasterly wane of a`lirker Pass road and the center. ne of M-y:°tl.e : 'rive; thence along the southeast line Pte.of. W rice^ Road i Pass as south 46' 43,{ .� ," west.. 365.20 feet;t; thence at right angles to said line north 430 161 21 west 40.00 .feet to an argue point on the northwest line of H i.rker pass Road; thenc ; along said. E rker Pass Road line south 870 031 02" west 11.7.93 Feet to the true point of beginning, from which point the center of a non-tangent curve with radius of 2930.00 feet bears north 320 Oil 08" west; thence from said ;true point of beg..inninE along sa,�� curve' .east'"�,,... .:.y d northerly, herly cam:x > r� through a. central angle of37' � 7 3 2�-3t, an arc length i� f 389.86 feet tO eta•'- to a point of intersection with the arc of a urt>i e sfi th a. radius of 40 feet and center ceasing south 89° 201 48" west; thence along said a;C foot radius curve southerly and G. westerly, through a central angle p.:n a. t"�`t} feet of �µ0 ��� Grit arc �..e:1�t�. ©a. �}i.1 .Vvo a point ofcompoundcurvature, from which ch t he center of a curve, w .th a, radius of 2945 Feet, bears .north 3903 al' 45" vast; thence southerly and westerly along said curve, through a central angle of 50 521 55", an arc length of 302.33 feet to a point of compound curvature from which the canter of a curve with a radius of 1!4.72 feet bears rn it gnorth 33e 1,p 088 est,; thence along said curve southerly and wes ." through :tral angle of 300 11 s 52" � 60.46 feet i�.'~�rVu�..aa a central�. � .L „w''"- , an are 3.�'rAL�tia,: Lel a to the true point of beginning. Containing an area of 0 .125 acres, more or less . PARCEL TYREE-C PACIFIC GAS AND EIECTRIC Portion of :its 88 and 90, as shown on the map of R. N. Purgess Company YAp No. 1, Ayers Ranch Subdivision, riled in Book 7 of NAPS, Page 170, in the office of the County Recorder o;. Contra costa County, described as Follows Commencing at the most southerly coni err~of Said lot 88, being- at �. the intersection f � ou �. k" e'yof Qrker Paps s Road and 'v..w ov.}�«e sv�..:.:t�'xL�'c:,St .%..i.raw a ' the centerline of Myrtle Erne; thence a. ang. -fz�he- c nerlina yyrtle ✓ive .ort58' 1 1 45" westst41.50' fgey thence nvrv .o? 0 `_s3n: _.. ,( east 2 J.9 eft to the intersection .f the nort sko `in€: of Myrtle . ive and the northwest line of Kirker ;pass Road, ♦.Lt.,t being t�+� .. true point- of beginning; thence from the true pCLnt of beginning �l�i said northeast lie of Myrtle :rive north 580 411"r 45 C- 7 west 27.41 feet; thence at right angles, north 31' W 15" east 5.00 feet to joint .c.rC}m which the center. 0f a curve, uve, with a »adius of- 30feet, ert , bears ;ayS , rc h3118115seast; thence alon; saidcurve easterly and northerly through a central angle of730 5 40 an wLw length of 38-74 drye1; thence to said curve, north 479 181 26 east 75.65 feet; thence north. 46° 43' 39" east 493.78 Feet; thence north ,ur80 251 C}" east !69.36 feet to the southwest t Lo 'ner . f that portion of said Lot c :desch bed in the he deed to Joaquin E. Silva, 't .ul, recorded in Boob 31.75 of Official at page rCS, 165, bei=g a point on c1Enorthwest z hweStd ze• �f rkerTa Road; thence along o g sCLd northwest - _ « e south 4 60 43: 39" y ✓si }} feet'v t o the true Point o f -.r nt`.�'.`„L,+-i r;in"-.' conaini 'zan area tt�,R0tty.� , 4/.i. L.d .i*i k..%:"„' C c A'0'r s mor':-, t••t n iass /37 - l Eirker Pass Road Project 5261-55-1 - Appendix ''A'' Page 5 IIQCIJT, a :"-D jEE`s31EME T P ACS PW GAS AND ELECTRIC A permanent easement fop slope and drainage purposes and ,incidents there .o, described as 'follows : Portion of Lots 88 and 90, as shown on the map of R. N. Burgess Company 1.1ap No. 1, Ayers Ranch Subdivision, filed in. Rook 7 of yaps, PaS 170, in he office of the County Recorder o:;. Contra Costa County, described as f ollbVs Commencing at the most southerly corner of said Lot 88, being at the southeast line of K%rkeIPass Road and the centerline of QY le northeast Erivethence along the centerline of Myamle Drive north 58'0 '�:� # 45" West 41.50 feed, ,hence north 464 �:3° 3♦ 9_` east 25.94 feet to the intersection ofv:. C✓ line of ;l';y?!vl e Wive C1.ail..t the northwest , . . line north r 431 Kirke, Pass Road; ki, �..+.JoSs said. s;.C�s7'1. L::,.Nlt,r'�hi` ll line of :.l..t.« y"v�'wf'1' R d. h 4b 43, 39'' east 95. 16 feet; thence leaving said . road line ncrL_n 43* 16' 21" west 5.00 feet to ;she true; point of ce- ryj.rdiYrs of this description; esVr t`4l ; V-ti4nce from the true r✓Znt of tegi2y1y1 � utii 46 43 3 west 493-78 feet; . ,en3c south 4 +O 181 26 west 75.05 feet to a point from which a tan e x; curve with a radius of 30.00 feet bears :north 420 41, 34" west; thence l Wigsaid curve, U , a nsoutherly and westerly, througha Lkav1w. 4 ' � 59 59° : , arc wen th of 31.42 feed; thence port. 470 71 OF east 101.48 feet; thence north 460 43: 39" east 426 .23 feet; thence north 590 141 38', east 69.19 feet to the true point of beginning. Containing an area of 0.191 acres, more or less . /'43