HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-217 1
THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
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Re Condemnation of Property } RESOLUTION OF NECESSITY
4 for Public Road Purposes, } No. 93/ 217
State Highway 4/Bailey 'Road } (C.C.P. § ' 1245 230)
5 Interchange W. Pittsburg } (C.C.P. §" '1240. 610)
Area Project No. 4650-6X415$ }
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The Board of Supervisors of Contra Costa County, California,
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by vote' of `two-thirds or more of its members, RESOLVES that:
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Pursuant to Government Code section 25350.5 and Streets and.
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Highways Code section 943, Contra Costa County intends to
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construct a road reconstruction project, a public improvement, to
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widen State Highway, 4 at Bailey Road, West Pittsburg area, and,
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in connection therewith, acquire interests in certain real
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property.
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15 The property to be acquired consists of one parcel and is
17 generally located in the West Pittsburg area The said property
10 is more particularly described in Appendix "A" , attached hereto
and incorporated herein by this reference.
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20 On April 8, 1993, notice of the County's intention to adopt
21 a resolution of necessity for acquisition by eminent domain of
22 the real property described ,in Appendix "A" was sent to persons
23 whose names appear on the last equalized County Assessment Roll
24 as owners of said property. The notice specified Tuesday, April
25 27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in.
26 the Administration Building, 651 Pine Street, Martinez:,
27 California, as the time and place for the hearing thereon'.
28 The hearing was;, held at that time and place, and all
RESOLUTION NO 93/217
1 interested partieswere given an opportunity to be ,heard. The
2 hearing was closed and the matter was continued to May 4, 1993
3 for decision. Based upon the evidnece presented to it, this
4 Board finds, determines and hereby declares the following:
5 1. The public interest and necessity require the proposed
6: project.
7 2. The proposed project is planned and located in the
8 manner which will be most compatible with the greatest
9 public goad and the least private injury.
10 3 The property described herein is necessary for the
11 proposed project.
12 4 . The offer required by and consistent with section
13 7267.2 of the Government Code, together with the
14 accompanying statement of the amount established as
15 just compensation, was made to the owner or owners of
16 record.
17 5. That insofar as any of the property described in this
18 resolution has heretofore been dedicated to the public
19 use as a water treatment facility, the acquisition and
20 use of such property by Contra Costa County for highway
21 purposes, is for a more necessary public use than the
22 use to which the property has already been
23 appropriated. This determination and finding is made
24 and this resolution is adopted pursuant to Code of
25 Civil Procedure sections 1240.610.
26 6 . The County has approved and considered a Final
27 Environmental Impact Report and Addendum for the
28 highway project which requires the acquisition ;of the
RESOLUTION NO,. 93/ 217
1 property described herein, 'which environmental
2 documents comply with the California Environmental
3 Quality Act.
4 7 . All conditions necessary to establish the right to take
5 the property required for the highway project have been
6complied with,
7 The County Counsel of this County is" hereby AUTHORIZED and
8 EMPOWERED
9 To acquire in the County's name,' by condemnation, the
10 property described in Appendix "A" , attached hereto and
11 incorporated herein by this reference in accordance with the
12 provisions for eminent domain in the Code` of Civil Procedure and
13 the Constitution of California:
14' Parcel 51311 is to be acquired in fee simple absolute.
15 To prepare and prosecute in the County's name such
15 proceedings in the proper court as are necessary for such
17 acquisition;
18 To deposit the probable amount of compensation, based on an
19 appraisal, and to apply to said court for an order permitting the
20 County to take immediate possession and use said real property
21 for said public uses and purposes.
22 PASSED and ADOPTED on May 4, 1993, by the following vote::
23 AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson '
24 NOES: None
25 ABSENT: None
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RESOLUTION NO. 93/ 217
1 THEREBY CERTIFY that the foregoing resolution was duly and
2 regularly introduced, passed and adopted by the vote of two
3 thirds or more of the Board of Supervisors of Contracosta
4 County, California, at a meeting of said Board on the date
5 indicated.
5 Date: May 4 , 1993
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9 t t,ereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Super I Drat on the date shown.
10 ATTESTED:
PHIL BAT H CR,Clerk of the Board
11 Superviso nd County A ministrator
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12 By 04 JAI .Decuty
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19 Org. Dept Public Works Department (R/P)
Contact:
20 ,Auditor-Controller
21 STA/jh County Counsel (Certified Copy)
�-ll a s\bailey.res
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RESOLUTION NO. 93/ 217
APPENDIX "A"
PARCEL 51311: (APN'095-1'40-006)
Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being
a portion of the north half of the southeast quarter of Section 14 Township 2 North, Range 1 West,'
Mount<Diablo Meridian, described as follows
A portion of PARCEL 4 {A) and (B) described in the:deed;to Southern Califomia Water Company,
a California corporation, recorded December 2, 1966 in Volume 5256 at page 467, Official Records
of said County, further described as follows:
Beginning on the north line of said PARCEL 4(B) at an angle point which bears south 0024130" east
110.00 feet'from Engineers'Station 85+50 on the "F2" line of the Department'of Public Works
Survey for the State Freeway in Contra Costa County between Port Chicago Road and Pittsburg,
Road IV-CC-75-F; thence from the Point of Beginning, along the boundary of PARCEL 4 (B), north
*7r05106" west 6.06 feet and south 31042'301 east 91.74 feet, to the northwest comer:.of PARCEL
1' described in the deed to the State of California recorded June 6, 1966 in Volume 5135 at page
345, Official Records of said County, being on a non-tangent curve concave to the north having a
radius of 470.00 feet to which a radial bears south 17°57'09" west; thence along the north line of
PARCEL 1, easterly 94.91 feet along the'arc of said curve, through a'central angle of 11 123410", to
the northeast corner of said PARCEL 1, being on the southeast line of said Southern California'
Water Company PARCEL 4(A); thence along the boundary of PARCEL 4(A), north 4708'23" east
124.43 feet and 'north 0°5630" west 37.44 feet, to the southeast comer of that parcel of land
described in the deed to the State of California recorded October 5, 1951 in Volume 1832 at page
495, Official'Records of said County; thence along the south line of said State parcel (1832 O.R.
496), south $9°3530" West 69.61 feet and south 78°16'55"west 76.79 feet, to the northeast comer
of said Southern California Water Company PARCEL 4(B); thence along the north line`of PARCEL
4(8), south 78°16'55" west 76.18 feet, to the Point of Beginning.
Containing an area of 18,875 square feet (4.4333 acre) of land, more or less.
Bearings are based on the Caiifomia Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
LAND�
Signature:
Licensed .
Contra Costa County Public Works t r 4
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