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HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-120 H.8 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA 2 Condemnation of Property RESOLUTION OF NECESSITY For Publ c .Road Purposes NO. 92/120 3 Mate Highway 4 widening (Cade of Civ. Proc. , SR160 to Big Break § 1245.230) 4 4660 ' -6X4029 } 2 4 5 The 'Board of Supervisors of Centra Costa County, 6 California by vote of two-thirds or more of its members, 7 RESOLVES that: 8 Pursuant to Government Code section 25350.5 and. Streets 9 and Highways 'Code section 943,; Contra Costa County 'intends to 10 construct a road 'reconstruction project, a `public improvement to 11 widen a portion of State Highway 4 i the Oakley area, and in 12 connection therewith, acquire interests in certain real 13 property. 14 The property to be acquired consists of 3.864 acres of 15 highway frontage and is generally located in the Oakley area . 16 The said property is more particularly described in Appendix 17 'All ,, attached hereto and incorporated herein by reference. ` 18 On February 15, 1992, notice of the County's intention 19 to adopt a resolution of necessity for the acquisition by 20 eminent domain of the property described in Appendix "A" was 21 sent to persons whose names appear on the last equalized County 22 Assessment Roll as the owners of said property. 'The notice 23 specified March 3, 1992 at 11:00 a.m. in the Board ;of 24 Supervisors Chambers in the Administration Building', 651 Pine 25 Street, Martinez, California, as the time and place for the 26 hearing thereon. 27 ttt 28 I!t The hearing was held on March '3, 1992, at that time and 2 place, and all interested parties were given an opportunity to 3 be heard and based upon the evidence presented to it, this Board' 4 finds, determines and hereby declares the following: 1 . The public interest and necessity require the 6 proposed project; and 7 2. The proposed project is planned and located in the manner which will be most >>compatible with than greatest public 9 good and the 'least private injury;; and 10 3. The property described herein is necessary for the 11 proposed project; and 12 4 . The offer required by section '7267.2 of the 13 Government Code was made to the owner or owners' of record. 1+4 The "County's' counsel 'is hereby AUTHORIZED and 15 EMPOWERED: 16 To acquire in the name of Contra Costa County, by 17 condemnation,' the titles, 'easements and rights of way as set 18 forth in Appendix "A" , in and to said real property or interests 19 therein, in accordance with the provisions of eminent domain in 20 the Code of Civil Procedure and the Constitution of California: 21 The property is to be acquired in 'fee title. 22 To prepare and prosecute in the County's name such 23 proceedings in the proper court as are necessary for such 24 acquisition. 25 To deposit the probable amount of compensation, based 26 on an appraisal, and to apply to said court for an order 27 permitting the County to take possession- and use said real 28 property for said public uses and purposes'. 2 1 PASSED and ADOPTED on March 3, 1992, by the following 2 vote': 3 AYES': Supervisors Powers, Fanden, Schroder, Torlson and McPeak 4 NOES: None 5 ABSENT: Node 6 ABSTAIN: None 7 1 HEREBY CERTIFY that the foregoing resolution was duly 8 and regularly introduced, passed and adapted by the vote of two - 9 thirds or more of the Board of Supervisors" of the Contra Costa 14 County, California, at a meeting of said Board on the date 11 indicated. 12 Dated: 'larch 3, 1892 Phil Batchelor, Clerk of the 13 Board of Supervisors and County Administrator 14 15 By: Deputy 16 17 18 19 20 21 22 23 cc: Public Works Department Real "Property Division 24 Auditor- Controller County Counsel (certified copy) 25 County Administrator` df6:s1s\p1*oding`hiwy-4.rn- 26 27 28 HIGHWAY 4 WIDENING State Routs 160 to Big Break Rd. Parrcel 51098-1 (dna Pont) Ptn. APN 0374)40-008'' Appraisal Mao No. A X1089.1,2,344`` APPENDIX "N' Real property in the north half of Section 2 Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, being a portion of E.I. du Pont de Nernours and Company,a Delaware Corporation 010rainafterrehmTed to as du Pont) parcel recorded September 15, 1 5 in Volume 4952 of Official Records at page 54.9. References to maps, monuments, property Vis, ownerships, and Oftial Records are to records of said County. nty: Bearings and distances are based on ft California Coordinate System Zone Ill (C.C.S. 27) taking south W49'280,oast as the bear"mq of State Highway 4 on the monument lira between monuments VH-10 and VH-1 I as shown on t Premie Traverse of Victory Higtrway. Multiply distances shown' by 1.d M72 to obtain ground level distances. Con nencing atmonument VH-10 Bch bears south 49'W east 6.64 feet from the West quarter corner of S tlon 2 ' t,ISE),thence clung said monument line,sores WAIV21r4ast 648.36 feet, to the southerly prolongation of the east line of PARCEL'"WO desodbed in the deed to the Maurits Lodge Family Trust recorded February,14, 1984 In Vote► 11654 of Offidal Records at pages 20; thence along said prolongation,north 0° 9'29"'east 30.00 fest,to the north r ht-of way line of State g 4,tfie True Point Beginning,thence from the True Point of Beginning,atone said north' Kne,south W49',W exist 1,997.16 feet and south W4514W east 2,009.1 a fest,to a point on the east Ilne I of said du Pontp rrre1; thence Wong last said M94 north (rSW r east 20.42 feet to a noir- tangent curve to which a radial bears north 11°52'0 'east 908.00 feet; ce thenalong the arc of said curve, Westerly 161.213 feet, through a central angle of 1001 OW; thence north °1 TV west 1,007.02 feet; thence north W45`50'"' west 564.03 feet to a non4angem curve to which a radial bears north 1°14'12" east 30,05fi 00 feet, thence along the we of said curve, wmi tedy 556.34 feet, through a central angle of 01W31 ;thence north 89°492W west 1,127.42 feet to a tangent curve concave to the south having.a radius of 22,05s.0t}feet;thence along the are of said curve, westerly 514.44 feet,through a centralangle of 1°20'11",thence south SM21 west 77.00 feet, to the east one of said PARCEL.TWO (11654 0.11 ), thence alonq last; said Vie, south 0059'W west 36.2:3 lest, to the-True Point of Beginning. Containing:air area of 168,313 square feet (3.864 acres) of land, more or fess.' This real proper description has been prepared by me or under my direction, in conformance with the Professional '� +e►y Signature: I It Land Sur vsyor q t RHD' Contra Costa County Public Wa*s zar 1 Exp. ....... ..�, Tate: sc99 iUtdre f: A=dUpafth4w 77J3t1�i►t