HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1030 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property )
for j xainage Purposes, } RESOLUTION OF NECESSITY .;.
Drainage Area 29C, Line G, )
5 Hoffman/DalPorto ) No. 81/1030
Project No. 7555--6D8569 }
6 Oakley Area (C.C.P. 51245.230)
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q 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 Code Section 25350 .5, Contra Costa County
12 intends to cause construction of a storm drainage facility, a public
13 improvement, and, in connection therewith, acquire an interest in
14 ! certain real property.
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1The property to be acquired is generally located north of
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16 the AT & SF Railroad between Big Break road and the Town of Oakley.
17 ' Said property is more particularly described in Appendix "A" ,
18 attached hereto and incorporated herein by this reference. Some of
19 the property sought to be acquired is property appropriated to a
20 public use; the proposed use is a more necessary public use than
21 the use to which the property is now appropriated (C.C.P. §1240.610) ,
22 or a compatible public use (C.C.P. 51240.510) .
23 on August 18, 1981, this Board passed a resolution of intention
24 to adopt a resolution of necessity for the acquisition by eminent
25 domain of the property dscribed in Appendix "A" thereto and fixing
26 10: 30 a.m. , September 8, 1981 in its Chambers in the Administration
27 Building, 651 Pine Street, Martinez, California, as the time and
28 place for the hearing thereon (Resolution No. 81/920. ) By mutual
29 agreement with one of the property owners, the legal description
30 therein was modified to read as set forth in Appendix "A" hereto.
31 The hearing was held at that time and place, and upon the
32 evidence presented to it this Board finds, detemines and hereby
33 declares the following:
34 1. The public interest and necessity require the propose"
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project;
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1 2. The proposed project is planned and located in the manner
2 which will be most compatible with the greatest public good and the
3 least private injury; and
d 3. 'the property described herein is necessary for the proposed
5 project.
b The County Counsel of this County is hereby AUTHORIZED AND
7 EMPOWERED:
gi To acquire in the County's name, by condemnation, the titles,
9 easements and rights-of-way hereinafter described in and to said
10 real property or interest(s) therein, in accordance with the
11 provisions of eminent domain in the Code of Civil Procedure and
12 the Constitution of California :
13 1. Parcels one and Two (Right-of-Way parcels 1087.3 and 1089)
ld , are to be acquired in Fee.
15 2. Parcels One-A and Two-A (Right-of-Way Parcels 1087. 3T and
lb 1089T) are to be acquired as Temporary Construction Easements
17 which shall expire upon the completion of construction of said
lg project or June 30 , 1982, whichever shall occur first.
19 To prepare and prosecute in the County's name such proceedings in
20 the proper court as are necessary for such acquisition; and
21 To deposit the probable amount of compensation, based on an
22 , appraisal, and to apply to said court for an order permitting the
23 County to take immediate possession and use said real property for
24 said public uses and purposes.
25 PASSED and ADOPTED on September 8, 1981 by the following vote :
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27 AYES: Supervisors Fanden, McPeak, Torlakson, Powers
28 NOES: None
29 ABSENT: Supervisor Schroder
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31 I HEREBY CERTIFY that the foregoing resolution was duly and
32 regularly introduced, passed and adopted by the vote of two'-thirds
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I or more of the Board of Supervisors of Contra Costa county, California,
2 at a meeting of said Board on the date indicated.
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Dated: September 8, 1981
5 R. rMON, founty Merrc an
6 ex officio Clerk of the Board of
7 Supervisors of Contra Costa County,
California
8 41,01
9 By
DejDuty
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Drainage Area 29C
Line G
APPENDIX "A"
Portions of that parcel of land described as Parcel 2 of Parcel Eleven in
the petition of Marion Jeanne Mi chef otti for Decree For Final Distribution
On Waiver Of Accounting And Approving Statutory Attorney's Fees recorded
February 22, 1973 in Book 6870 of Official Records at page 144, Records of
Contra Costa County, State of California, described as follows.
PARCEL ONE (R/W PARCEL 1087.3 -- FEE)
Beginning at the northwesterly corner of said Parcel 2 of Parcel Eleven
(6870 O.R. 144) ; thence along the westerly line of said Parcel 2, South
0038'30" West 1184.26 feet; thence, leaving said westerly line, South
89"21 '30" East 50.00 feet; thence North 12°51'51" East 425.12 feet; thence
North 0038'30" East 770.016 feet to the northerly line of said Parcel 2 of
Parcel Eleven (6870 O.R. 144) ; thence, along said northerly line, North
89°53'00" West 140.01 feet to the point of beginning.
Containing an area of 147,191 square feet or 3.379 acres of land, more or
less.
PARCEL ONE-A (R/W PARCEL 1087.37 - TEMPORARY CONSTRUCTION EASEMENT
The westerly 50.00 feet of said Parcel 2 of Parcel Eleven (6870 O.R. 144)
which lies southerly of the above described PARCEL 1087.3.
Containing an area of 61 ,417 square feet or 1 .410 acres of land, more or
less.
Portions of that parcel of land described in deed to Frank H. Miller
recorded January 3, 1947 in Book 942 of Official Records at page 146,
Records of Contra Costa County, State of California, described as follows.
PARCEL TWO (R/W PARCEL 1089 _ FEE}
Beginning at the southeasterly corner of said Miller parcel (942 O.R. 146),
thence from said point of beginning along the easterly line of said Miller
parcel , North 0038'30" East 455.48 feet, thence, leaving said easterly line,
South 15°2821 " West 253.94 feet; thence South 0°38'30" West 170.00 feet;
thence South 89021130" East 50.00 feet to a point on a line parallel with
and 15.00 feet westerly, measured at right angles, from the said easterly
line of the Miller parcel (942 O.R. 346); thence, along said parallel line,
South 0038130" West 40.02 feet to the southerly line of said biller parcel
(942 O.R. 146) ; thence, along said southerly line, South 89025100" East
15.00 feet to the point of beginning.
Containing an area of 19,628 square feet or 0.451 acres of land, more or
less.
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Parcel Two--A (continued)
PARCEL TWO-A (R/W PARCEL 1089T - TEMPORARY EASEMENT
The westerly 50.00 feet of the easterly 65.00 feet which lies southerly of
the above described PARCEL 1089.
Containing an area of 2,002 square feet or 0.046 acres of land, more or
less.
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