HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-136 a.
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 "Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Road Purposes, } No. 93/136
4 Oakley Road Reconstruction } (Code Civ. Proc.
Project Oakley Area ) § 1245 . 230)
5 )
6 The Board of Supervisors of Contra Costa County, California,
7 by vote of two-thirds or more of its members, RESOLVES that:
8 Pursuant to 'Government Code section 25350. 5 and Streets &'
9 "HighwaysCode section 943`, Contra Costa County intends to
10 construct a road reconstruction project, a public improvement,, to
11 widen Oakley Road between Live Oak Avenue and Empire Avenue in
12 the Oakley area, and, in connection therewith, acquire``interests
13 in certain real property,
14 ' The property to be acquired consists of two parcels and is
15 generally located in the Oakley area The said property is more
16 particularly' described in Exhibit "A"',' attached hereto and
17 'incorporated herein by this reference'.
18 On February 25, 1993, notice of the County's intention to
19 ;'adopt a resolution of necessity for acquisition by eminent domain
20 of the real property described in Exhibit "A" was sent to persons
21 'whose names appear on the last equalized County Assessment Roll
22 as owners of said property. The notice specified March 16`, 1993,
23 at 9:00 a .m. in the Board' of Supervisors Chambers in the
24 Administration Building, 651" Pine' Street, Martinez, California,
25 as the time and place for the hearing thereon.
26 The hearing was held at that time and place, and all
27 interested parties were given an opportunity to be heard and
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1 based upon the evidence presented to it, this Board finds,
2 determines and hereby declares the fallowing
3 1 . The public interest and necessity require the proposed
4 project; and
5 2. The proposed project is planned and located in the;
6 manner which will be most compatible with the greatest
7 public goad and the least private injury; and
8 3 The property described herein is necessary for the
9 proposed project; and
10 4 , The offer required by section 7267 . 2 of the Government
11 Code was made to the owner or owners of record.
12 The County Counsel of this County, or his designee, is
13 hereby AUTHORIZED and EMPOWERED:
14 To acquire in the County's name, by condemnation, the
15 titles, easements and rights of way hereinafter described in and
16 to said property or interest(s) therein, in accordance with the
17 provisions for 'eminent domain in the Code of Civil Procedure and
18 the Constitution of California:
19 Parcel Four is to be acquired in fee title.
20 Parcel Four-T is to be acquired as temporary easement.
21 To prepare and prosecute in the County's name such
22 proceedings in the proper court as are necessary for such
23 acquisition;
24 To deposit the probable amount of compensation, based on an
25 appraisal, and to apply' to said `court for an order permitting the
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I County to take immediate possession and use said real property
2 for said public uses and purposes
3 PASSED and ADOPTED on March 16, 1993, by the following; vote:
4 'AYES:: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
5 NOES; None
6 ABSENT: None
7 I HEREBY CERTIFY that the foregoing resolution was duly and
8 regularly introduced, passed and adopted by the vote of two'-
9 thirds or more of the Board of Supervisors of Contra Costa
10 'County, California, at a 'meeting of said Boardon the date
11indicated.
12 Dated: !G / g 9„3 Phil Batchelor, Clerk of the
' Board of Supervisors and
13 County Administrator
14
15 By:
Deputy//
16 '
cc: Public works Department
17 Real Property Division
Auditor-Controller
18 County Counsel {certified copy}
County Administrator
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Road No. 7483E WO. 4152
Oakley Road Reconstruction
PTN. APN 037-110-010
Ids Parcel
PARCEL 4 and 4-T
Dwg. RW7483B-92
EXHIBIT "AMI
Real property in the west half of the southeast quarter of the southeast quarter of Section 22,
Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, being
portions of that parcelof land described as PARCEL ONE and PARCEL TWO in the deed to Harry
M. Ida and Shigeko ids, co-trustees of The Ids Family Trust, receded May 10, 1983 in Volume
1124:4 of Official Records at page 957, described as follows:
PARCEL FOAH (Fee Title)
Commencing at the intersection of the south line of Section 22 and the east line of Subdivision 7330
filed October 22, 1990;in Book 353 of Maps at page 1; thence along said east line, north 013°24'25"
east 20.00 feet to the north right-of-way line of Oakley Read, the Paint of Beginning, thence from
the Paint of Beginning, along said north line, south 89°17'35"east 332.70 feet to the east line of said
Ids PAROL TWO (11244 O.R. 957);thence along said east line, north Otl026 25" east 15.00 feet to
a point hereinafter referred to as Point N, thence leaving said east lime, north $9°17'35" west 6'2.71
feet; thence north t� '25" east ,5.00 feet; thence north 59017'36- west 270.00 feet to a point
hereinafter referred to as Point 0, said paint being on the east line of Subdivision 7330 (383 M I);
thence along said east line,south 00024`25" west 20.00 feet, to the Point of Beginning.
Containing an area of 16,340 square feet of land, more or less:
PARCEL FOUR-T: (Temporary Construction Easement - To expire June 30, 1994, or upon
completion of construction, whichever occurs first)
A 10.00 feat wide strip of land, described as follows:
The southerly line of said 10 feet wide temporary construction easement is the line between Points
0 and N as described' in PARCEL FOUR above,
Containing an area of 3,327 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27)
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