HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-320 r
1 THE BOARD OF 'SUPERVISORS ;
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property: )
3 for Creek Restoration in ) RESOLUTION OF
connection with Public } NECESSITY
4 Road Purposes, State )
Highway4/Willow Pass ) NO. 93/320
5 Grade West 'Pittsburg ' } (C.C'.P. S 1245 .. 230)
Area }
6 )
7 The Board of Supervisors of Contra Costa County, 'California,
8 by vote of two-thirds or more of its members, RESOLVES that:
9 Pursuant to Government Code Section 25350.5 and Streets &
10 Highways Code Section 943, Contra Costa County intends to provide
11 creek restoration in conjunction with a road reconstruction
12 project, a public improvement, in the West Pittsburg area, and in
13 connection therewith, acquire interests in certain real property.
14 The property to be acquired consists of two parcels and is
15 generally located in the West Pittsburg area. The said property
16 is more particularly described in Appendix "A" , attached hereto
17 and incorporated' herein by this reference.
18 On May 24 , ' 1993, notice of the County's intention to adopt a
19 resolution of necessity for acquisition by eminent domain of the
20 real property described in Appendix "A" was sent to persons whose
21 names appear on the last equalized County Assessment Roll as
22 owners of said property. The notice specified June 8, 1993, at
23 11:00 am. 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 partes were given an opportunity to be heard and
28 based upon the evidence presented to it, this Board finds,
1
1 determines and hereby declares the following.
2 1. The public interest and necessity require the proposed
3 project, and
4 2. The proposed project is planned and located in the
manner which will be most compatible with the greatest public
6 good and the least private injury; and
7 3. The property described herein is necessary for the
8 proposed project; and
9 4 . The offer required by Section 7267 .2 of the Government
10 Code was made to the owner or owners of record
11 The County Counsel of this County is hereby AUTHORIZED and
12 EMPOWERED
13 To acquire in the name of Contra Costa County, by
14 condemnation, the temporary floating construction easements
15 de'sscr bed` in Appendix "A" in and to said real property or
16 interest(s) therein, in accordance with the provisions for
17 eminent domain in the Code of Civil Procedure and the
18 Constitution of California.
191 To prepare and; prosecute in the County's name such
20 proceedings in the proper court as are necessary for such:
21 acquisition,
22 To deposit the probable amount of compensation, based on an
23 appraisal, and to apply to said court for an order permitting the
24 County to `take' immediate possession and use said real property
25 for said public uses and purposes
26
27 rrr
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2
I PASSED and ADOPTED on Jume 8. 1993 , by the following
2 voter ,
3 AYES: Supervisors Powers, Smith, Bishop, McPeak`and Torlakson
4 NOES: None
S ABSENT: None
6 I HEREBY CERTIFY that the foregoing resolution was duly and
7 regularly introduced, passed and adopted by the vote of two
8 thirds or more of the Board of Supervisors of Contra Costa
9 County, California, at a 'meeting of said Board on the date
10 indicated.
11 Dated: jime'50 1 Ag
12
13
Orig Dept: Public Works Department (RIP)
14 Auditor-Controller
15 County Counsel (Certified copy')
16Contact4t Ronald D. Babst (313-2226 )
SLAdf
17 dfll(3)a creek.rn
18 t hereby oertity that this is s true and correct :J;,y �3
an action taken and entered on the minutes �f the
Owd of Supe ont on tM data shown.
1 ATTES TEC: 1i_z � 12-2-3 f 3
Plitt,BA MSLORG of the 00ard
20 to Supervisors and County Administrator
21
bre,'....."'.
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State Route 4
Willow Pass Grade
Edgmond
APPENDIX "N'
PARCEL A - TEMPORARYF MENT (TO EXPIRE DECEMBER al. 1
A portion of the parcel of land described in the instrument to Ronald L Edgmond, et ux
recorded July 8, 1964 in Book 4655 of trial records at page 396 records of Contra
Costa County, State of California described'as follows.
A nonexclusive floating easement for access and creek restoration beginning at the
intersection of the westerly line of the private drive providing ingress and egress to the
above described parcel (4655 O.R. 395), and the northwesterly line of Evora Read
thence northerly along said private drive's westerly One over the above described parcel
to the northerly property line of said Edgmond parcel; thence southeasterly along said
property line to the intersection of the northwesterly line of Evora Road; thence
southwesterly and southerly along said line to the point of beginning.
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=4/93
State Route 4
Willow Pass Grade
Jessup
APPENDD( "A"
PARE B - TEMPORARY AT1N EM PIT R MBEA 31, 19981
A portion of the parcel of land described in the instrument Charles H. Jessup„ at ux
recorded September 24, 1952 in Book 1996 of Official Records at page 419 records of
Contra Costa County, State of California described as follows:
A nonexclusive floating easement for access and creek 'restoration beginning at the
intersection of the westerly line of the private drive providing Ingress and egress:,to the
above 'described parcel (1996 O.R. 419) and the southerly line of said Jessup parcel;
thence northerly,along the westerly line of said dime 500'more or less;thence leaving the
westerly Urns northerly to the most northerly corner of said Jessup parcel(1996 O.R.419)
thence southeasterly along the southwesterly line of the right of way described In the
Instrument to East Bay Municipal Lhility District recorded September 28, 1926 in Book 57
of Oficial Records at page 99 official records of said County to the most northerly corner
of the Subdivision shown on the map fled October 17, 1990 in Book 352'of maps at
page 28 Official Records of said County thence southwesterly, southerly and
southeasterly along said subdivisions easterly line to the southerly One of said Jessup
parcel; thence northwesterly along the southerly line to the point of beginning.
B1,S:jlg
eXex•Jessup.apx
5/24/93