HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-425 1 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, CALIFORNIA
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5 Re: Condemnation of Property } RESOLUTION OF NECESSITY
8 for Diablo Road Bike Lane, ) NO. 81/ 42
Project #0664-6R4218 ) (C.C.P. $1
7 Danville Area. )
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10 The Board of Supervisors of Contra Costa County, California, by
vote of two-thirds (2/3) or rcre of its members, RESOLVES THAT:
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12 Pursuant to Government Code 525350.5 and Streets and Highways
13 Code 5943 the County of Contra Costa intends to construct a bike lan •
14 and otherwise improve Diablo Road, a County highway, a public improv -
15 meat, and in connection therewith, acquire an interest in certain
16 real property.
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18 The property to be acquired is generally located in the Danville
19 area, on Diablo Road, between Via Hermosa and Green Valley Road,
20 consisting of two parcels within the proposed site of the bike lane
81 and road construction.
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23 Said property is more particularly described in Appendix "A" ,
24 attached hereto and incorporated herein by this reference.
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26 On March 31, 1981, this Board passed a Resolution of Intention
27 to Adopt a Resolution of Necessity for the acquisition by eminent
28i domain of the property described in Appendix "A" and fixing April 21,
29 1981 in its Chambers in the Administration Building, 651 Pine Street,
30 Martinez, California, as the time and place for the hearing
31 ' thereon (Resolution No. 81/360) .
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33 The hearing was held at that time and place, and all
34 interested parties were heard, and upon the evidence presented
35 to it this Board finds, determines and hereby declares the
36 following:
RESOLUTION NO. 81/425
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1 1. The public interest and necessity require the proposed
2 project; and
3 2. The proposed project is planned and located in the
4 manner that will be most compatible with the greatest public
5 good and the least private injury: and
a 3. The property described herein is necessary for the
7 proposed project.
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9 The County Counsel of this County is hereby AUTHORIZER
10 and EMPOWERED:
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12 To acquire in the County's name, by condemnation, the titles,
13 easements, and rights-of-sway hereinafter described in and to said
14 real property or interest(s) therein, in accordance with the pro-
15 visions of eminent domain in the Code of Civil Procedure and the
16 Constitution of California: parcels 1 and 2 are sought to be
17 acquired as permanent easements.
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19 To prepare and prosecute in the County's name such proceedings
20 in the proper court as are necessary for such acquisition) and
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28 To deposit the probable amount of compensation, based on an
23 appraisal, and to apply to said court for an order permitting
24 the County take immediate possession and use said real property
25 for said public uses and purposes.
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27 PASSED and ADOPTED on April 21, 1981, by the following vote:
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29 AYES: Supervisors - N. C . F'anden, R. I . Schroder,
30 i Tom Torlakson, Tom Powers
31 NOES: Supervisors - none
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33 ASSENT: Supervisors - S. W. McPeak
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9/14415
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1 Y HEREBY CERTIFY that the foregoing resolution was duly
2 and regularly introduced, passed and adopted by the vote of
3 two-thirds (2/3) or more of the Board of Supervisors of Contra
4 Costa County, California, at a resting of said Board on that
5 date indicated.
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7 mated: April 21'.' 1961 J. R. OLSSON, County Clerk
8 and ex officio Clerk of the
9 Board of Supervisors of
10 Contra Costa County, California
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By
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13 eputy Helen H . Kent
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1s ELK:s
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18 Originator: Public Works Department
Real Property Division
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ccs Auditor-Controller
20 County Counsel (certified copy)
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• APPENDIX "A"
PARCEL ONE (Bellinger) '
A portion of that certain 152.05 acre parcel of land described in the doed
to Laura E. Tourney and bora Flourney recorded July 17, 1917 in Book 300
of Deeds, at page 104, Official Records of Contra Costa County, State of
California, described as follows:
Beginning at a point on the northerly line of said Flourney parcel
(300 D 104) at the easterly line of that certain parcel of land
described in the deed to Margaret A. Bellinger, recorded October 28, 1977
in Book 8569 at page 649, Records of said County; thence from said point
of beginning along said easterly line, South 00°04'00" East, 25.00 feet to
a point on' a line parallel with and 25.00 feet southerly, measured at
right angles from the centerline of Diablo Road; thence along said parallel
line South 89°56'00" 'Fest, 150.00 feet to the westerly line of said
Bellinger parcel (8569 OR 649) ; thence along said westerly line North
03'04 '00" gest, 25.00 feet to said northerly line of the Flourney parcel
(300 D 104) ; thence along said northerly line North 89'56'00" East,
150. 00 feet to the point of beginning.
Containing a total area of O.OS6 acres (3,750 square feet) of land, more
or less, and a net area, exclusive of that portion lying within the
existing county road, of 0.017 acres (750 sgaure feet) of land, more
or less.
PARCEL 1,10 (Morgans Masonry Supply, Inc.)
A portion of that certain 152.05 acre parcel of land described in the deed
to Laura E. Flourney and Dora Flourney recorded July 17, 1917 in Book 300
of Deeds at page 104 of Official Records of Contra Costa County, State of
California, described as follows.-
Beginning at a point on the northerly line of said Flourney parcel (300 D 104)
at the westerly line of that certain parcel of land described in the deed to
Morgans Masonry Supply, Ync. , recorded February 21, 1979 in Book 9233, at
page 1 . Records of said County; thence from said point of beginning along
said northerly line forth 89056'00" East, 75.00 feet; thence leaving said
northerly line South 00°04'00" East, 25.00 feet to a point on a line
parallel with and 25.00 feet,southerly, measured at right angles from the
centerline of Diablo Road; thence along said parallel line South 89"56'00"
West, 75.00 feet to said westerly line (9233 OR 1) ; thence along said
westerly line North 00`04'00" nest, 25.00 feet to the point of beginning.
Containing a total area of 0.043 acres (1 ,875 square feet) of land, more
or less, and a net area, exclusive of that portion lying within the existing
county road, of 0.009 acres (375 square feet) of land, more of less.