HomeMy WebLinkAboutRESOLUTIONS - 02141989 - 89-99 _ ' T3
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Condemnation of Property j RESOLUTION OF NECESSITY
for Public Road Purposes, ) NO. 89/99
Laurel Road - Hwy 4 ) (C.C.P. Sec. 1245.230)
Oakley Area )
The Board of Supervisors of Contra Costa County, California,
by vote of two-thirds or more of its members, RESOLVES that:
Pursuant to Government Code Section 25350.5 and Streets &
Highways Code Section 943, Contra Costa County intends to
construct a road reconstruction project, a public improvement, to
widen Laurel Road and Highway 4 in the Oakley area, and, 'in
connection therewith, acquire interests in certain real property.
The property to be acquired consists of fee title, and is
generally located in the Oakley area. The said property is more
particularly described in Appendix "A", attached hereto and
incorporated herein by this reference. Some of the property
sought to be acquired is property appropriated to a public use;
the proposed use is a more necessary public use than the use to
which the property is now appropriated (C.C.P. S 1240.610) , or a
compatible public use (C.C.P. S 1240.510) .
On January 25, 1989, notice was sent to persons whose names
appear on the last equalized County Assessment Roll as the owners
of said property which notified said owners that the County Board
of Supervisors will meet on February 14, 1989 at 11: 00 A.M. in its
Chambers at 651 Pine Street, Martinez, California, to consider the
adoption of a Resolution of Necessity to acquire said property by
eminent domain and that said owners may appear and be heard
pursuant to said notice.
The hearing was held at that time and place, and all
interested parties were given an opportunity to be heard and based
upon the evidence presented to it, this Board finds, determines
and hereby declares the following:
1. The public interest and necessity require the proposed
project; and
2. The proposed project is planned and located in the
manner which will be most compatible with the greatest public good
and the least private injury; and
3. The property described herein is necessary for the
proposed project; and
4. The offer required by Section 7267.2 of the Government
Code was made to the owner or owners of record.
The County Counsel of this County or any Counsel associated
by him is hereby AUTHORIZED and EMPOWERED:
To acquire in the County's name, by condemnation, fee title
to the area described in Appendix "A", attached hereto, in
accordance with the provisions for eminent domain in the Code of
Civil Procedure and the Constitution of California:
RESOLUTION NO. 89/99
/,
To prepare and prosecute in the County's name such
proceedings in the proper court as are necessary for such
acquisition;
To deposit the probable amount of compensation, based on an
appraisal, and to apply to said court for an order permitting the
County to take immediate possession and use said real property for
said public uses and purposes..
PASSED and ADOPTED on February 14, 1989 by the followina vote:
AYES: Supervisors Powers, Fanden, Schroder, .McPeak and Torlakson
NOES: None
ABSENT: None
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly introduced, passed and adopted by the vote of
two-thirds or more of the Board of Supervisors of Contra Costa
County, California, at a meeting of said Board on the date
indicated.
{
Dated: February 14, 1589
Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
By' ___.__�__
Deputy
cc: Public Works Department,
Real Property Division
Auditor-Controller
County Counsel (Certified copy)
Kevin Lally, Counsel
AJA:cv
co:2.Laurel.t2
RESOLUTION NO. 89/9
J +
Laurel Rd.- Hwy 4
APPENDIX "A"
ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE
COUNTY OF CONTRA. COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3.6,
TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN,
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE. NORTHEAST CORE= '_-F SAID SECTION 36; THENCE
WESTERLY ALONG WITH THE NORTHERLY LINE OF LAST SAID SECTION .
NORTH 89 27 '17" WEST, 295. 10 FEET; THENCE ON A LINE PARALLEL WITH
THE EASTERLY LINE OF LAST SAID SECTION, SOUTH 1 13'51" WEST, 55 . 00
FEET TO A POINT 55 . 00 FEET SOUTHERLY, RIGHT ANGLE MEASUREMENT,
FROM SAID NORTHERLY LINE OF SECTION 36; THENCE ON. A LINE PARALLEL
WITH LAST SAID NORTHERLY LINE SOUTH 89 27117" EAST, 224 . 856 FEET;
THENCE SOUTH 44 06 ' 43" EAST, 28. 45 FEET TO A POINT ON A LINE 50. 00
FEET WESTERLY, RIGHT ANGLE MEASUREMENT, FROM SAID EASTERLY LINE OF
SECTION 36; THENCE SOUTH 1 13151" WEST, 219. 855 FEET; THENCE
SOUTH 89 27'17" EAST, 50. 0.0 FEET TO SAID EASTERLY LINE OF
SECTION 36 , THENCE ALONG LAST SAID LINE NORTH 1 13 ' 51" EAST,
295. 10 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 28 , 440 S.F. , MORE OR LESS.