HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1199 1 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, CALIFORNIA
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Re: Condemnation of Property ) RESOLUTION OF NECESSITY
4 for Morello Ave. Safety )
5 Path, Project #0662-654186 ) NO. 81/ 1199
Martinez Area. ) (C.C.P. S124M
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8 The Board of Supervisors of Contra Costa County, California,
9 by vote of two-thirds (2/3) or more of its members, RESOLVES THAT:
10 Pursuant to Government Code §25350.5 and Streets and Highways
11 Code §943 the County of Contra Costa intends to construct a Safety
12 Path and otherwise improve Morello Ave. , a County highway, a public
13 improvement, and in connection therewith, acquire an interest in
14 certain real property.
15 The property to be acquired is generally located in the
16 Martinez area, on Morello Ave. , between Marie Ave. and Palisade Dr.
17 consisting of one parcel within the proposed site of the Safety
18 Path construction.
19 Said property is more particularly described in Appendix "A" ,
20 attached hereto and incorporated herein by this reference.
21 On September 22, 1981, this Board passed a Resolution of
22 Intention to Adopt a Resolution of Necessity for the acquisition
23 by eminent domain of the property described in Appendix "A" and fixing
24 October 13, 1981 in its Chambers in the Administration Building, 651
25 Pine Street, Martinez , California, as the time and place for the
26 hearing thereon (Resolution No. 81/1077) .
27 The hearing was held at that time and place, and all
28 interested parties were heard, and upon the evidence presented
29 to it this Board finds, determines and hereby declares the
30 following:
31 1. The public interest and necessity require the proposed
32 project; and
33 2. The proposed project is planned and located in the
34 manner that will be mast compatible with the greatest public
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36 RESOLUTION NO. 81✓JJ 9
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I good and the least private injury; and
2 3. The property described herein is necessary for the
3 proposed project.
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5 The County Counsel of this County is hereby AUTHORIZED
6 and EMPOWERED-.
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8 To acquire in the County's name, by condemnation, the titles,
9 easements, and rights-of-way hereinafter described in and to said
lo real property or interest (s) therein, in accordance with the pro-
11 visions of eminent domain in the Code of Civil Procedure and the
12 Constitution of California: Parcels 1 is sought to be acquired as
13 a permanent easement.
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
18 the County take immediate possession and use said real property
19 for said public uses and purposes.
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21 PASSED and ADOPTED on October 13, 1981, by the following vote:
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23 AYES: Supervisors - Fanden, Schroder, McPeak,
24 Torlaksont Powers
25 NOES: Supervisors - None
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27 ABSENT: Supervisors - None
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30 1 HEREBY CERTIFY that the foregoing resolution was duly
31 and regularly introduced, passed and adopted by the vote of
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RESOLUTION NO. 81/1199
1 two-thirds (2/3) or more of the Board of Supervisors of Contra
2 Costa County, California, at a meeting of said Board on that
3 date indicated.
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5 Dated: October 13, 1981 J. R. 4LSSON, County Clerk
6 and ex officio Clerk of the
Board of Supervisors of
7 Contra Costa County, California
8 By
9 Deputy
10 ELK:df
11 Originators Public Works Department
12 Real Property Division
13 ccs Auditor-Controller
14 County Counsel (certified copy)
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RESOLUTION
3-RESOLUTION NO. 81/1199
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APPENDIX "A"r
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MORELLO AVENUE SAFETY PATH
That parcel of land in the unincorporated area of the County of Contra Costa,
State of California, described as follows:
Portion of Lots "C" and "D", as designated on the map entitled "Plat of the
Partition of the John Kelly Estate", which map was filed in the Office of the
Recorder of the County of Contra Costa, State of California on June 14, 1873 in
Volume 25 of deeds, at page 1 , described as follows:
Beginning on the east line of said Lot "C" at the northeast corner of the 1
acre parcel of land described in the deed from Gertrude J. Cale, to H. P. Hoesly,
dated May 1 , 1925 and recorded May 5, 1925 in Volume 491 of Deeds, at page 195;
thence, from said Point of Beginning North 0023134" East, 591.33 feet and North
0*32'50" East, 27.11 feet along said east line to the southeast corner of the
22 acre parcel of land described in the deed from John Kelly, et ux, to Antone
Maderos, Jr. dated November 1 , 1924 and recorded November 5, 1924 in Volume 478
of Deeds, at page 291 ; thence, West along the south line of said Maderos parcel
(478 D 291) , 10.07 feet; thence, South 0°2334" West, 618.31 feet to the north
line of said Hoesly parcel (491 D 195) ; thence, South 89014'05" East along the
north line of said Hoesly parcel , 10.00 feet to the Point of Beginning.