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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-920 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Re: Intention to Adopt Resolution of } Necessity to Acquire Real Property by } RESOLUTION NO. 81/920 Eminent Domain } (C.C.P. 1245.235) Drainage Area 29C, Line A and 0 ) Project #7555-6D8573 and 7555-6D8569 Oakley Area ) } RESOLUTION OF INTENTION TO ADOPT RESOLUTION OF NECESSITY The Board of Supervisors of Contra Costa County RESOLVES THAT: It intends to adopt a Resolution of Necessity for the acquisition by eminent domain for interest in real property in the Oakley area, for the installation of a storm drain, a public improvement, which property is described in Appendix "A" , attached hereto. This Board will meet on September 8, 1981 , at 10.30 a.m. in the Board's Chamber4 County Administration Building, Martinez, California, to hear those persons whose property is to be acquired and whose name and address appear on the last equalized County Assessment Roll , and to consider the adoption of the Resolution. The Real Property Agent is DIRECTED to send the following notice to each such person by first-class mail : NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY The Board of Supervisors of Contra Costa County DECLARES its intention to adopt a Resolution of Necessity for the acquisition by eminent domain for an interest in real property in the Oakley area, for the installation of a storm drain, a public improvement, which property is described in Appendix "A", attached hereto. The Board will meet on September. 8, 1981 , .at_10.30 a.m. in the Board's Chambery 651 Pine Street, Martinez, California, to consider the adoption of the Resolution. Each person whose property is to be acquired and whose name and address appear on the last equalized County Assessment Roll , has the right to appear at such time and be heard on: 1 . Whether the public interest and necessity require the project; and, 2. Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and, 3. Whether the property sought to be acquired is necessary for the project. PASSED BY THE BOARD on August 18, 1981 ; by the following vote: AYES: Supervisors Fanden, Schroder, McPeak NOES: Nene ABSENT: Supervisors Torlakson, Powers CERTIFIED COPY I certify that this is a full, true & correct, copy of the original document which iq on Elie in my office, Originator: Pub1 Public Works Department and that it was Passed R adopted by the Board of p Supervlaors of Contra Costa County, California, :on Real Property Division the date shown. ATTEST: J. R. CLSB©N, County Clerk &ex-officio Clerk of said Board of supervisors, cc: Count Administrator' s Office by Deputy Clerk. County '� AUG 18 1981 County Counsel s f J . on P.W. Accounting .. Property Owners (via R/P) RESOLUTION NO. 81/ 920 Di . age Area 29C, Line A Parcels 1075 and 1076T Grantor: Miguel y APPENDIX "A;; A portion of that parcel of land described as PARCEL ONE in deed to John T. Miguel , recorded November 14, 1967 in Book 5436 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 0007'09" East, 755.38 feet to a paint which shall hereinafter be referred to as Point "A" ; thence leaving said westerly line, South 13``36'06" East, 88.54 feet; thence South 0°07'09" West, 570.00 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 89'0739" Test, 21 .00 feet to the point of beginning. PARCEL TWO (R/W Parcel 1076-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, 570.00 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. EXCEPTIINTHEREFROM: All of the above PARCELS ONE AND TWO which lie within the right of way of State sign route 4 (State Highway 4). . 1 -1- 8`/Alda Dry_ ;age Area 29C, Line A ' Parcels 1078 and 1078T Grantor: Condon APPENDIX "A"" A portion of that parcel of land described as PARCEL THREE in deed to William Condon, et ux, recorded August 20, 1964, in Book 4636 of Official Records at page 396, Records of Contra Costa County, State of California, described as follows: PARCEL ONE (Permanent Right of f4�a_y Parcel 1078 Beginning at the southeasterly corner of said PARCEL THREE (4686 OR 395); thence, from said point of beginning, along the east line of said PARCEL THREE, North O°07"09" East, 23.29 feet to the southwesterly line of the Atchison, Topeka and Santa Fe Railway Company; thence, along said south;Yesterly line, North 65°44132" Ilest, 24.11 feet; thence, leaving said southwesterly line, South 5030'11" 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 88047` 32" East, 18.78 feet to the point of beginning. PARCEL 1:140 (Temporary Construction Permit Right of Wav Parcel 1073-T) A temDorary 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 ONE. -2- if Dra «.age Area 29C, Line G Grantors: Hofmann Company and R. Dal Porto APPENDIX "A" Portions of that parcel of land described as Parcel 2 of Parcel Eleven in the petition of Marion Jeanne Michelotti 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 (Right of Way Parcel 1087.1 ) (Fee Title) Beginning at the northwesterly corner of said Parcel 2 of Parcel Eleven (6870 OR 144); thence, along the westerly line of said Parcel 2, South 0°38'30" West 1093.43 feet; thence, leaving said westerly line, South 89021130" East 66.72 feet to a point which shall hereinafter be referred to as Point "A"; thence, continu- ing South 89021 ' 30" East 73.28 feet; thence, North 0°38'30" East 1094.71 feet to the northerly line of said Parcel 2 of Parcel Eleven (6870 OR 144) ; thence, along said northerly line, North 89053'00" West 140.01 feet to the point of beginning. Containing an area of 3.516 acres, 153,170 square feet, of land more or less. PARCEL TWO (Right of Way Parcel 1087.2) (Permanent Easement) A strip of land 15.00 feet in width, the centerline of which is described as follows: Beginning at the previously described Point "A" in PARCEL 1087.1 , thence, from said point of'beginning, South 0°38'30" West 125.00 feet; thence, southerly along the arc of a curve concave to the west having a radius of 200 .00 feet. through a central angle of 26°24'43", a distance of 92.20 feet; thence, tangent to said curve, South 27°03'13" West 73.00 feet; thence, southerly along the arc of a curve concave to the east having a radius of 200.00 feet through a central angle of 26°24'43", a distance of 92.20 feet to a point which lies 7.50 feet westerly, right angle measure, of the westerly line of said Michelotti parcel . Said point shall be hereinafter referred to as Point "B" and said Point "B" is the southerly terminus of the said 15.00 feet in width strip of land. Containing an area of 5,050 square feet of land, more or less. PARCEL THREE (Right of Way Parcel 1087.1T) (Temporary Easement) All of said Michelotti parcel (6870 OR 144) which lies southerly of the previously described PARCEL 1087.1 and westerly of the following described line: Beginning at the southeasterly corner of said PARCEL 1087.1 ; thence, South 0038' 30" East 132.68 feet; thence, South 25039' 31 " West 212.83 feet to a point on a line which is parallel with and 50.00 feet easterly, right angle measure, from the westerly line of the said Michelotti parcel ; thence, along said parallel line, South 0°38' 30" West 298.82 feet and South 0057'00" West to the northeasterly line of the Atchison , Topeka and Santa Fe Railroad right of way. EXCEPTING THEREFROM: All of that portion which lies within the previously described PARCEL 1087.2. Containing an area of 1 .871 acres or 81 ,484 square feet of land, more or less. -3- Drainage Area 29C, Line G Par , 1088 Grar,()r: Mary Lauritzen APPENDIX "A" A portion of'the parcel of land described as consisting of 90 acres, more or less, in Exhibit "A" of the Affidavit of Identity by Mary Faye Lauritzen recorded October 1 , 1969 in Book 5973 of official Records at page 111. Records of Contra Costa County, State of California, described as follows: Beginning at the most southerly corner of said 90 acre parcel (5573 OR 111 ) being also the northwesterly corner of the parcel of land described as Parcel 2 of Parcel Eleven in the petition of Marion Jeanne Nei chef otti for Decree for Final Distribution on Waiver of Accounting and Approving Statutory Attorneys' Pees recorded February 22, 1973 An Book 6870 of Official Records at page 144, Records of said County; thence; from said point of beginning along the southerly line of said 90 acre parcel (5973 OR 111 ) South 89053'00" East 140.01 feet; thence, leaving said southerly line, Borth 45038'30" East 442.00 feet; thence North 42027130" test 140.00 feet; thence South 45°38'30" West 500.00 feet to the east line of the parcel of land described in deed to Frank H. Miller recorded January 3, 1947 in Book 942 of Official Records at pane 146, Records of said County; thence, along said east line, South 0°38'30" West 59.27 feet to the point of beginning. Containing an area of 1 .609 acres or 70,889 square feet of land, more or less. ` --4- elARo