HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1029 1 BOARD OF SUPERVISORS, CON'T'RA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property }
for l5rainage Purposes, } RESOLUTION OF NECESSITY
a Drainage Area 29C, Line A, }
5 (Miguel - Condon) ) No. 81/1029
6 Project No. 7555-6D$573 } (C.C.P. §1245. 230)
Oakley Area )
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9 The Board of Supervisors of Contra Costa County, California, by
10 vote of two-thirds or more of its members RESOLVES THAT:
11 Pursuant to Government Cade Section 25350.5, Contra Costa
12 County intends to cause construction of a storm drainage facility,
13 a public improvement, -and, in connection thereviith., acquire an
14 interest in certain real property.
15 The property to be acquired is generally located north of
lb State Highway 4 between Big Break Road and thaTown of Oakley
17 consisting of two parcels within the proposed site of the storm
18 drain project.
191 Said property is more particularly described in Appendix "A" ,
20 attached hereto and incorporated herein by this reference.
21 On August 18 , 1981, this Board passed a resolution of intention
22 to adopt a resolution of necessity for the acquisition by eminent
23 domain of the property described in Appendix "A" thereto and fixing
24 10 :30 a.m. , September 8, 1981 in its Chambers in the Administration
25 Building, 651 Pine Street, Martinez, California, as the time and
26 place for the hearing thereon (Resolution No. 81/920. )
27 The hearing was held at that time and place, and upon the
28 evidence presented to it this Board finds, determines and hereby
29 declares the following:
30 1. The public interest and necessity require the proposed
311 project;
32 2. The proposed project is planned and located in the manner
33 which will be host compatible with the greatest public goad and
34 the least private injury; and
35 3. The property described herein is necessary for the
36 proposed project.
RESOLUTION NO. 81/1029
1 The County Counsel of this County is hereby AUTHORIZED and
2 EMPOWERED:
3 To acquire in the County's name, by condemnation, the titles,
4 easements*aind rights-of-way hereinafter described in and to said
5 real property or interst (s) therein, in accordance with the
6 provisions of eminent domain in the Code of Civil Procedure and
7 the Constitution of California:
8 1. Parcels One and Two (Right-of-Way parcels 1076 and 1078)
9 are to be acquired as Permanent Easements.
10 2. Parcels One-A and Two--A (Right-of-Way Parcels 1076-T and
11 1.078-T) are to be acquired as Temporary Construction Easement which
12 shall expire upon the completion of construction of said project
13 or dune 30, 1982, whichever shall occur first.
14 To prepare and prosecute in the County's name such proceedings
15 in the proper court as are necessary for such acquisition; and
16 To deposit the probable amount of compensation, based on an
17 appraisal, and to apply to said court for an order permitting the
18 County to take immediate possession and use said real property for
19 said public uses and purposes.
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21 PASSED and ADOPTED on September 8, 1981 by the following vote:
221 AYES. Supervisors Fanden, McPeak, Torlakson, Powers
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24 NOES: None
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26 ABSENT: Supervisor Schroder
27 I HEREBY CERTIFY that the foregoing resolution was duly and
28 regularly introduced, passed and adopted by the vote of two-thirds
29 or - more of the Board of Supervisors of Contra Cosh County,
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RESOLUTION NO. 81/1029
1 California, at a meeting of said Beard on the date indicated.
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3 Dated: SWtember 8 ,1981
M,
J6 R. MOON, County clerk an
b ex officio Clerk of the Board of
7 Supervisors of Contra Costa County
California
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9 Origz Public Works Department By
10 Real Property Division putt'
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12 cc: Auditor-Controller
County Counsel (Certified Copy)
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RESOLUTION NO. 81/1029
DrArea 29C. Line A
Ret*ution of Necessity 81/1029
APPENDIX "A""
A portion of that parcel of land described as PARCEL ONE in deed to John T.
Miguel , rorded November 14, 1967 in Book 5435 of Official Records at page 36,-.
Records of Contra Costa County, State of California, described as follows .
PARCEL ONE (R/W Parcel 1076, Permanent Easement)
Beginning at the south 1/4 corner of Section 23, Township 2 North, Range 2
East, Mount Diablo Base and Meridian, thence, from said point of beginning along
the westerly line of said PARCEL ONE (5436 OR 36) , North 0007109" East, 756. 38
feet to a point which shall hereinafter be referred to as Point "A" ; thence
leaving said westerly line, South 13'36106" East, 88.54 feet, thence South 0°'07`09"
West, 670.00 feet to a point on the south line of said Section 23, said point shall
hereinafter be referred to as Point "B" ; thence, along said south line, South
89 07' 39" West, 21 .00 feet to the point of beginning.
PARCEL ONE-A (R/W Parce11076-T, Temporary Easement)
A temporary easement to expire upon completion of work for this project or by
May 1 , 1982, whichever comes first, for the purpose of additional working area
during the construction of drainage improvements within the adjacent drainage
easement areas, on, over and across the following described property:
A strip of land 20.00 feet in width, the westerly line of which is described as
follows:
Beginning at said Point "B" as previously described in PARCEL ONE, thence, from
said Point of Beginning, North 0007'09" East, 670.00 feet; thence, North 13°36 `06"
West, 88.54 feet to the previously described Point "A". Said Point "A" being the
northerly terminus of said strip of land.
EXCEPTING THEREFROM: All of the above PARCELS ONE AND ONE-A which lie within
the right of way of State sign route 4 (State Highway 4)•
A portion of that parcel of land described as PARCEL THREE in deed to William
Condon, et ux, recorded August 20, 1964, in Book 4686 of Official Records at page 396,
Records of Contra Costa County, State of California, described as follows :
PARCEL TWO (Permanent Right of Way Parcel 1078)
Beginning at the southeasterly corner of said PARCEL THREE (4686 OR 396) ; thence,
from said point of beginning, along the east line of said PARCEL THREE, North
0°07'09" East, 23.29 feet to the southwesterly line of the Atchison, Topeka and
Santa Fe Railway Company; thence along said southwesterly line, North 65°44'32"
West, 24.11 feet; thence, leaving said southwesterly line, South 5°30'11 " East,
32.95 feet to the northerly line of the parcel of land described to Kaufman and
Broad of Northern California, Inc. , a California corporation, recorded, July 17,
1980, in Book 9916 of Official Records at page 140, Records of Contra Costa County;
thence along said northerly line South 88°47132" East, 18.78 feet to the point of
beginning.
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,. " Dr-,A--age Area 29C, Line A
Res.i ution of Necessity 81/1029
APPENDIX "A" (Cont`d)
PARCEL TWO-A (Temporany(TemporaryConstruction Permit Ri ht of Way Parcel 1078-T
A tempora?y easement to expire upon completion of work for this project or by
May 1 , 1982, whichever comes first, for the purpose of additional working area +
during the construction of drainage improvements within the adjacent drainage
easement areas; on, over and across the following described property:
A strip of land 20.00 feet in width, lying westerly of and adjoining the westerly
line of the previously described PARCEL TWO.
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