HomeMy WebLinkAboutRESOLUTIONS - 02271996 - 96-88 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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4 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
Road and Signal Installation No. 96/88
5 Purposes: Hwy 4 at Vintage (C.C.P. Sec. 1245.230)
Parkway - Oakley Area
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7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
8 more of its members, RESOLVES THAT:
9 Pursuant to Government Code Section 25350.5 and Streets and Highways Code
10 Section 943, Contra Costa County intends to construct a public improvement to install a traffic
11 signal, improve the intersection of Highway 4 and Vintage Parkway in the Oakley area and
12 make related improvements and, in connection therewith, acquire certain interests in real
13 property.
14 The property to be acquired consists of four (4) parcels and is generally located in the
15 Oakley area. The said property is more particularly described in Appendix "A", attached
16 hereto and incorporated herein by this reference.
17 On February 8, 1996, notice of the County's intention to adopt a resolution of necessity
18 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
19 persons whose names appear on the last equalized County Assessment Roll as owners of
20 said property. The notice specified Tuesday, February 27, 1996 at 2:00 p.m. in the Board of
21 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
22 as the time and place for the hearing thereon.
23 The hearing was held at that time and place, and all interested parties were given an
24 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
25 determines and hereby declares the following:
26 1. The public interest and necessity require the proposed project; and
27 2. The proposed project is planned and located in the manner which will be most
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1 compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by Section 7267.2 of the Government Code was made to the
4 owner or owners of record.
5 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
6 To acquire in the County's name, by condemnation, the titles, easements and rights of
7 way hereinafter described in and to said real property or interest(s) therein, in accordance with
8 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
9 California:
10 Parcel 1 is to be acquired in fee title.
11 Parcels 2 and 4 are to be acquired as permanent highway easements.
12 Parcel 5 is to be acquired as a permanent public utility easement.
13 To prepare and prosecute in the County's name such proceedings in the proper court
14 as are necessary for such acquisition;
15 To deposit the probable amount of compensation, based on an appraisal, and to apply
16 to said court for an order permitting the County to take possession and use said real property
17 for said public uses and purposes.
18 PASSED and ADOPTED on February 27, 1996, by the following vote:
19 AYES: Supervisors Bishop, Smith, DeSaulnier, Torlakson and Rogers
20 NOES: None
21 ABSENT: None
22 ABSTAIN: None
23 N
24 N
25 ///
26 X
27 N
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1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two-thirds or more of the Board of supervisors of the
3 Contra Costa County, California, at a meeting of said Board on the date indicated above.
4 Dated: February 27, 1996
5 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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By:
8 Deput
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12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
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DA
04-CC-4 33.5
State Parcel No. 52900
State Highway 4
Vicinity of Vintage Parkway
PARCEL 1 - Rippee
APPENDIX "A"
PARCEL 1: (Fee Title)
Real property in an unincorporated area of Contra Costa County, California, being a
portion of the southeast one-quarter of Section 23, Township 2 North, Range 2 East,
Mount Diablo Meridian, described as follows:
Commencing at a point on the south line of said Section 23 (T.2N., R.2E., M.D.M.), said
point lying south 89007'02" east 1,273.60 feet from the south quarter corner of said
Section 23, at the intersection with the southerly prolongation of the west line of the parcel
of land described in the instrument to Walter Leo Rippee and Sylvia R. Rippee, trustees
of the Rippee 1990 Trust, dated August 3, 1990, and recorded August 13, 1990, in Book
16047 of Official Records at page 551, records of said County; thence northerly along said
southerly prolongation of the west line of said Rippee parcel, north 005258" east 30.00
feet to a point which lies on the north right of way line of State Highway 4, said point being
the Point of Beginning; thence, from the Point of Beginning, along the west line of said
Rippee parcel, north 0052'58" east 43.28 feet; thence, leaving said west line south
43032'30" east 38.19 feet to a point on a line which is parallel with and 46.00 feet north of
the south line of said Section 23; thence, along said parallel line, south 89007'02" east
73.26 feet to a point on the east line of said Rippee.parcel (16047 0.R. 551); thence, along
said east line south 0052'58" west 16.00 feet to a point on the north right of way line of
said State Highway 4; thence, along said north right of way line, north 89007'02" west
99.99 feet to the Point of Beginning.
Containing an area of 1,964 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS27).
To obtain ground distances, multiply given distances by 1.0000601.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
4� D
Signature: ,cam zwE �o�
License and Surveyor
Contra Costa County Public Works Ex
Na 5999
Date:
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04-CC-4 33.5
State Parcel No. 52900
State Highway 4
Vicinity of Vintage Parkway
PARCEL 2 - United Centro Properties
PARCEL 2: (Highway Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
southeast one-quarter of Section 23, Township 2 North, Range 2 East, Mount Diablo Meridian,
described as follows:
Commencing at a point on the south line of said Section 23 (T.2N,R.2E., M.D.M.), said point lying
south 89°07'06" east 1,373.59 feet from the south quarter comer of said Section 23, at the
intersection with the southerly prolongation of the west line of the parcel of land described as Parcel
Three in the deed to United Centro Properties, recorded December 18, 1987, in Book 14079 of
Official Records, at page 786, records of said County; thence northerly along said southerly
prolongation of the west line of said Parcel Three, north 0°52'58" east 30.00 feet to a point which
lies on the north right of way line of State Highway 4, said point being the Point of Beginning;
thence, from the Point of Beginning, along the west line of said Parcel Three, north 0°52'58" east
16.00 feet to a point on a line which is parallel with and 46.00 feet north of the south line of said
Section 23; thence, leaving the west line of Parcel Three, along said parallel line, south 89°07'02"
east 113.59 feet;thence, leaving last said line, south 84°.23'26" east 94.73 feet to a point on the east
line of said Parcel Three (14079 O.R. 786); thence, along the east line of Parcel Three, south
0°52'58" west 8.19 feet to a point on the north right of way line of State Highway 4;thence, along
said north right of way line, north 89°07'02" west 208.00 feet to the Point of Beginning.
Containing an area of 2,959 square feet of land, more or less.
Bearings and.distance are based on the California Coordinate System Zone III (CCS27). To obtain
ground distances, multiply given distances by 1.0000601.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor q�
Contra Costa County Public Works E*X96
Date: 2 8 �7 6 Na 5999
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04-CC-4 33.5
State Parcel No. 52900
State Highway 4
Vicinity of Vintage Parkway
PARCELS 4 and 5 - Rodrigues
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
northeast one-quarter of Section 26, Township 2 North, Range 2 East, Mount Diablo Meridian,
described as follows:
PARCEL 4: (Highway Easement)
Commencing at a point on the north line of said Section 26 (T.2N., R.2E., M.D.M.), said point lying
north 89°07'02" west 1,350.87 feet from the northeast corner of said Section 26, at the northerly
prolongation of the west line of the parcel of land described in the deed to Harold Wilfred Rodrigues
and Barbara Jean Rodrigues, as Trustees of the Rodrigues Revocable Inter Vivos Trust, dated
January 21, 1991, and recorded August 20, 1993, in Book 18863 of Official Records at page 942,
records of said County; thence, southerly along the northerly prolongation of the west line of said
Rodrigues parcel, south 0052'58" west 33.00 feet to a point on the south right of way line of State
Highway 4, said point being the Point of Beginning; thence, from the Point of Beginning, along the
south right of way line of said State Highway 4, south 89°07'02" east 563.89 feet; thence leaving
last said line, south 0052'58"west 0.57 feet; thence south 89°21'27" west 467.25 feet to a point on
a line which is parallel with and 46.00 feet southerly of the north line of said Section 26 (T.2N.,
R.2E., M.D.M.); thence, along said parallel line, north 89007'02" west 96.81 feet to a point on the
west line of said Rodrigues parcel (18863 O.R. 942), said point shall hereinafter be referred to as
Point A; thence, along the west line of said Rodrigues parcel, north 0052'58" east 13.00 feet to the
Point of Beginning.
Containing an area of 4,430 square feet of land, more or less.
PARCEL 5: (Public Utility Easement)
An Easement for utility purposes with the right from time to time to construct, place, inspect,
maintain, replace and remove communication and electric facilities consisting of aerial and
underground wires, cables and other electric conductors with associated poles, crossarms,
anchors, guys,fixtures, conduits, manholes, service boxes, marker posts and other appurtenances,
together with a right of way therefore and the right of ingress thereto and egress therefrom, across,
upon, in and under the following described real property:
Beginning at Point A as described in PARCEL 4 above; thence, from the Point of Beginning, along
the southerly boundary of said PARCEL 4, south 89°07'02"east 96.81 feet; thence north 89°21'27"
east 467.25 feet; thence, leaving the southerly boundary of said PARCEL 4, north 0°52'58" east
0.57 feet to a point on a line which is parallel with and 33.00 feet southerly of the north line of said
D-4
Section 26 (T.2N., R.2E., M.D.M.); thence, along said parallel line, south 89007'02" east 5.00 feet;
thence, leaving last said line, south 0052'58" west 5.44 feet; thence south 89021'27" west 472.17
feet to a point on a line which is parallel with and 51.00 feet southerly of the north line of said
Section 26; thence, along said parallel line, north 89007'02" west 96.89 feet to a point on the west
line of said Rodrigues parcel (18863 O.R. 942); thence, along said west line, north 0052'58" east
5.00 feet to the Point of Beginning.
Containing an area of 2,849 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS27). To
obtain ground distances, multiply given distance by 1.0000601. '
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature: zW
Licensed Land Surveyor
Contra Costa County Public Works
f tea 5999
Date:
OF tF
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