HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-087 1 BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
4 Road Purposes, Willow Pass Grade No. 97/97
Lowering & Widening - Pittsbur Area (C.C.P. Sec. 1245.230)
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6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds
7 or more of its members, RESOLVES THAT:
8 Pursuant to Government Code Section 25350.5 and Streets & Highways Code
9 Section 943, Contra Costa County has constructed a road reconstruction project, a public
10 improvement, to widen and lower the grade of State Route 4 and provide related slope and
11 drainage improvements in the Pittsburg area, and, in connection therewith, needs to acquire
12 certain interests in real property.
13 The property to be acquired consists of a leasehold interest for an outdoor
14 advertising display and is generally located in the Pittsburg area. The said property is more
15 particularly described in Appendix "A";, attached hereto and incorporated herein by this
16 reference.
17 On January 16, 1997, notice of the County's intention to adopt a resolution of
18 necessity for acquisition by eminent domain of the real property described in Appendix "A"
19 was sent to persons who have represented that they are the owners of the leasehold interest.
20 The notice specified February 11, 1997, at 10:30 a,m. in the Board of Supervisors Chambers
21 in the Administration Building, 651 Pine Street, Martinez, California, as the time and place of
22 the hearing thereon.
23 The hearing was held at that time and place, and all interested parties were given
24 an opportunity to be heard and 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
28 compatible with the greatest public good and the least private injury; and
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1 3. The property described herein is necessary for the proposed project; and
2 4. The offer required by Section 7267.2 of the Government Code was made to the
3 owner or owners of the leasehold interest.
4 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
5 To acquired in the County's name, by condemnation, the titles, easements and
6 rights of way hereinafter described in and to said real property or interest(s) therein, in
7 accordance with the provisions for eminent domain in the Code of Civil Procedure and the
8 Constitution of California:
9 The leasehold interest in Parcels 1, 2 and 3 in which the County currently holds
10 fee and easement interest.
11 To prepare and prosecute in the County's name such proceedings in the proper
12 court as are necessary for such acquisition;
13 To deposit the probable amount of compensation, based on an appraisal, and to
14 apply to said court for an order permitting the County to take immediate possession and use
15 said real property for said public uses and purposes.
16 PASSED and ADOPTED on February 11, 1997, by the following vote:
17 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
18 NOES: Hone
19 ABSENT: None
20 ABSTAIN: None
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I I HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of Contra Costa County, California, at a meeting of said Board on the date
4 indicated above.
5 Date:,,-44,96W UT/177 PHIL BATCHELOR, CLERIC OF THF BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
7 BY
8 C1rlg Dept: Public Works Department (RIP)
Contact: Donna Dawkins (313-2224)
9 Auditor-Controller
County Counsel (Certified copy)
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St. Hwy 4 Willow Pass Grade
North State Development
Parcel Nos. 50857 (1-2-3-4)
APPENDIX"A"
P=911 (5007-1): E2e
All that real property situated in the County of Contra Costa, State of California, being a
portion of northeast quarter of Section 16, T.2.N., R.1.W., M.D.B.&M., more particularly
described as follows:
Commencing at the north quarter comer of said Section 16, said point being marked by
a 2" iron pipe tagged R.C.E. 9622 as shown on that certain record of survey filed in Book
94 of Land Surveys pages 5 through 10, Records of said Contra Costa County ;
Thence south 0052'03" west along the north-south mid-section line of said Section 16 a
distance of 1539.35 feet to the intersection of said mid-section line with the southerly right
of way line of State Route 4. As said right of way is shown on right of way record maps
for the State of California Department of Transportation for Route 4 in Contra Costa
County, dated July 1974, and as granted by Barafno S. and Mary G. Avila in the Deed
recorded September 12, 1921, in Book 398 of Deeds, at page 136, Records of Contra
Costa County;
Thence along said southerly right of way (398 Deeds 136) through the following courses;
North 84057'30" east 90.97 feet to a curve left having a radius of 425.010 feet;
Thence easterly along the arc of said curve through a central angle of 23034'00", an arc
length of 174.81 feet;
Thence north 61°23'30" east 49.35 feet to a curve left having a radius of 1,425.00 feet;
Thence northeasterly along the arc of said curve through a central angle of 09028'00", an
arc length of 234.62 feet;
Thence north 51°57'30"east 31.57 feet to the most westerly point of the parcel of land as
described in the deed recorded April 10, 1947, in Book 1078 at page 111, Official Records
of Contra Costa County;
Thence along southerly line of said parcel (1078 0.R. 111) north 70°3936" east 483.03
feet to the true Point of Beginning;
Thence continuing north 70°3936" east 60.97 feet;
Thence south 8404223" east 3012.87 feet;
Thence north 7700916" east 587.21 feet to the beginning of a curve right non-tangent to
last said course;
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Thence easterly along the arc of said curve having a radial bearing at said beginning of
north 00°15'13"west, a radius of 3,919.70 feet; through a central angle of 07°38'1711, an
arc length of 522.54 feet to the westerly line of the land described in the deed to J.H.
Andrews, recorded April 25, 1918, in Book 320 of Deeds at Page 128;
Thence leaving said southerly right of way line (1078 0.R. 111) south 28°14'20" west
along last said line 97.81 feet;
Thence leaving said westerly line north 74°58'27'west 15.09 feet;
Thence north 81"28'53"west 43.75 feet to a curve left having a radius of 3,450.00 feet;
Thence westerly along said curve through a central angle of 09008'41", an arc length of
550.64 feet;
Thence non-tangent to said curve south 0002'47"west 155.17 feet;
Thence south 8803549"west 498.22 feet;
Thence north 79052'43"west 51.16 feet to a curve left having a radius of 500.00 feet;
Thence southwesterly along the arc of said curve through a central angle of 46°31'59", an
arc length of 406.08 feet;
Thence non-tangent to said curve north 34053'20"west 16.80 feet;
Thence north 47023'09" east 13.73 feet;
Thence north 33001'26" east 95.41 feet;
Thence north 72025'13" east 105.95 feet;
Thence north 15"46'10"west 19.44 feet;
Thence north 1902924"west 44.42 feet to the True Point of Beginning of this description.
Lands abutting said freeway shall have no right or easement of access thereto.
PARCEL 2 (50857-2)
An easement for slope purposes, and incidents thereto, upon, over and across that certain
real property described as follows:
All that Real Property situated in the County of Contra Costa, State of California, being a
portion of the northeast quarter of Section 16, TIN., 11.1.W., M.D.B.&M., more particularly
described as follows:
Commencing at the southeast corner of said Section 16, said Point being marked by a 2"
iron pipe with brass tag L.S. 3662 as shown on that certain Record of Survey filed in Book
94 of Land Surveys Pages 5 through 10, Records of said Contra Costa County;
Thence north 0°37'59"east along the east line of said Section 16 a distance of 4,043.43
feet;
Thence leaving said east line of Section 16 north 71*18'31"west 279.69 feet to an angle
point in the westerly line of the land described in the deed to J.W. Andrews, Recorded
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April 25, 1918, in Book 320 of Creeds at Page 128;
Thence leaving said westerly line (320 Deeds 128) south 89°46'44"west 492.04 feet to
the True Point of Beginning of this description;
Thence south 44033'27"west 85.80 feet;
Thence south 56°08'32"west 152.94 feet;
Thence south 63001'48°west 246.93 feet to a curve right having a radius of 150.00 feet;
Thence southwesterly and northwesterly along the arc of said curve through a central
angle of 79°07'01" an arc length of 207.13 feet;
Thence north 37051'11"west 90.27 feet to a curve left having a radius of 150.00 feet;
Thence northwesterly and southwesterly along the arc of said curve through a central
angel of 132003'29" an arc length of 345.73 feet;
Thence non-tangent to said curve north 67°00"00"west 170.24 feet;
Thence north 47 023109" east 96.27 feet;
Thence south 34053'20" east 16.80 feet to the beginning of a curve right non tangent to
last said course having a radial bearing at said beginning of north 3602442"west;
Thence northeasterly along the arc of said curve having a radius of 500.00 feet, through
a central angle of 46031'59", an arc length of 406.08 feet;
Thence south 79°52'43" east 51.16 feet;
Thence north 8835'49" east 498.22 feet;
Thence north 8904644" east 58.40 feet to said True Point of Beginning.
P-AR EL 3 (60867-3}
An easement for slope purposes, and incidents thereto, upon, over and across that certain
real property described as follows:
All that real property situated in the County of Contra Costa, State of California, being a
portion of the northeast quarter of Section 16, T.2.N., R.1.W., M.D.B.&M., more particularly
described as follows:
Commencing at the southeast comer of said Section 16, said Corner being marked by a
2" iron pipe with brass tag L.S. 3662 as shown on that certain Record of Survey filed in
Book 94 of Land Surveys Pages 5 through 10, Records of said Contra Costa County;
Thence north 0°3759" east along the east line of said Section 16 a distance of 4,043.43
feet;
Thence leaving said east line of Section 16 north 71 018131"west 279.69 feet to an angle
point in the westerly line of the land described in the deed to J.W. Andrews, Recorded
April 25, 1918, in Book 320 of Deeds at Page 128, being the True Point of Beginning of
this description.
Thence along said westerly line (320 Deeds 128) north 2814'20"east 118.96 feet;
Thence leaving said westerly line (320 Deeds 128) north 74'658'27"west 15.09 feet;
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Thence north 81 02553"west 43.75 feet to a curve left having a radius of 3,450.00 feet;
Thence westerly along the arc of said curve through a central angle of 09°08'41 an arc
length of 550.84 feet;
Thence non-tangent to said curve south 0002'47"west 155.17 feet;
Thence north 8904644" east 550.44 feet to said True Point of Beginning.
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