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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-215 D • 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 4 Re: Condemnation of Propertyfor RESOLUTION OF NECESSITY Construction of a Recreational Trail No. 971215 - Rodeo Area (C.C.P. Sec. 1245.230) 6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or 7 more of its members, RESOLVES THAT: 8 Pursuant to Government Code Section 25350.5, Contra Costa County intends to 9 construct a public improvement consisting of a recreation trail for bicycles, pedestrians and 10 related uses in the Rodeo area and make related improvements and, in connection therewith, 11 acquire certain interests in real property. 12 The property to be acquired consists of four(4) parcels and is generally located in the 13 Rodeo area. The said property is more particularly described in Appendix"A", attached hereto 14 and incorporated herein by this reference. 15 On February 20, 1997, notice of the County's intention to adopt a resolution of 16 necessity for acquisition by eminent domain of the real property described in Appendix"A"was 17 sent to persons whose names appear on the last equalized County Assessment Roll as 18 owners of said property. The notice specked Tuesday, March 18, 1997 at 1:45 p.m. in the 19 Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, 20 California, as the time and place for the hearing thereon. 21 The hearing was held at that time and place, and all interested parties were given an 22 opportunity to be heard. Based upon the evidence presented to it, this Board finds, 23 determines and hereby declares the following: 24 1. The public interest and necessity require the proposed project; and 25 2. The proposed project is planned and located in the manner which will be most 26 compatible with the greatest public good and the least private injury; and 27 3. The property described herein is necessary for the proposed project; and 28 4. The offer required by Section 7267.2 of the Government Code was made to the 1 I 1 owner or owners of record. 2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 3 To acquire in the County's name, by condemnation, the titles, easements and rights of 4 way hereinafter described in and to said real property or interest{s}therein, in accordance with 5 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of 6 California: 7 Parcels 1, 2, 3 and 4 are to be acquired as permanent easements. 8 To prepare and prosecute in the County's name such proceedings in the proper court 9 as are necessary for such acquisition; 10 To deposit the probable amount of compensation, based on an appraisal, and to apply 11 to said court for an order permitting the County to take possession and use said real property 12 for said public uses and purposes. 13 PASSED and ADOPTED on March 18, 1997, by the following vote: 14 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier 15 NOES: None 16 ABSENT: None 17 ABSTAIN: None 18 rrr 19 rr/ 20 rr1 21 rrr 22 rrl 23 /rr 24 Irr 25 Irr 26 rll 271 /// 28 rrr 2 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: May 61 1997 5 Phil Batchelor, Cleric of the Board of Supervisors and County Administrator 7 By: 8 puty 9 10 11 12 cc: Public Works Department Real Property Division y 13 Auditor-Controller County Counsel (certified copy) 14 County Administrator 15 18 HMFOnVWtEF8 LA%VMW-PKM 17 18 19 20 21 22 23 24 25 28 27 28 3 I r Rodeo Creek Trail Landscape and Irrigation Easement APPENDIX "A•" Real property In an unincorporated area of Contra Costa County, California being a portion of Parol"A"as shown on the map of Subdivision 432£filed August 29, 1978, in Book 215 of Maps at page 39, and a portion of Parcels "B" and "C"as shown on the map of Subdivision 4325 filed April 25, 1973, in Book 155 of maps at page 29 records of said County, described as follows. E6RC L,1 (Permanent Basement) A strip of land 25 feet in width (measured at right angles and radially) lying northeasterly, easterly and northerly of the following described line. Beginning at the southwesterly terminus of the course north 4904245"east 42.87 feet as shown -on the easterly boundary of PARCEL 1 on said map of Subdivision 4325 (155 M 29), said point from which a radial line of a non tangent curve concave to the southwest having a radius of 265.55 feet bears south 58°07'36"west; thence,from the Point of Beginning, along said easterly boundary of PARCEL 1 (156 M 29), southerly along the are of said curve, through a central angle of 19°55'17", a distance of 92.72 feet;thence, tangent to said curve, south 11 057'07"east 93.81 feet; thence southerly along the arc of a tangent curve, concave to the east, having a radius of 244.00 feet, through a central angle of 25°49'33", a distance of 109.98 feet; thence tangent to said curve, south 37046'40" east 777.91 feet; thence southerly and southeasterly along the are of a tangent curve, concave to the northeast, having a radius of 244.00 feet, through a central angle of 47042'07", a distance of 203.14 feet to a reverse curve, concave to the southwest, having a radius of 355.00 feet; thence southeasterly along the arc of said curve, through a central angle of 29018'18", a distance of 182.08 feet; thence tangent to said curve, south 56010'29"east 25.94 feet; thence south 63054'50"east 105.70 feet to a point on the northerly right of way line of Viewpointe Boulevard, the terminus of said 25 feet in width strip of land. The side lines of said 25 feet in width strip shall be lengthened or shortened to terminate on said northerly right of way line of Viewpointe Boulevard on the south and said course north 49°4245" east 42.87 feet on the north. Containing an area of 39,780 (0.91 acs.) square feet of land, more or less. PARCEL 2 (Permanent Easement) A strip of land 25 feet in width (measured at right angles and radically) lying northeasterly and easterly of the following described line: Page 1 of 3 Beginning at a point on the southerly right of way line of Viewpointe Boulevard,said point being the northwesterly terminus of the course north 56°10'29"west 101.28 feet as shown on the easterly boundary of PARCEL. 2 on said map of Subdivision 4325 (156 M 29); thence from the Point of Beginning, along said easterly boundary of PARCEL 2, south 56°1029"east '101.28 feet; thence southeasterly along the arc of a tangent curve, concave to the southwest, having a radius of 558.50 feet,through a central angle of 1802349", a distance of 179.33 feet;thdnce,tangent to said curve, south-37 046'40"east 10.00 feet; thence southeasterly along the are of a tangent curve, concave to the northeast, having a radius of 801.50 feet, through a central angle of 16027'40", a distance of 216.28 feet;thence, non-tangent to said curve, south 5402247"east 125.78 feet;to a point from which a radial line of a non-tangent curve, concave to the southwest having a radius of 910.50 feet bears south 36°45'40"west; thence southeasterly along the arc of said curve, through a central angle of 28°56'15", a distance of 459.85 feet; thence tangent to said curve, south 24018'05"east 100.00 feet;thence southeasterly along the arc of a tangent curve concave to the northeast, having a radius of 529.50 feet,through a central angle of 6046'51", a distance of 62.67 feet to the temninus of said 25 feet in width strip of land. The side lines of said 25 feet in width strip shall be lengthened or shortened to terminate on said southerly right of way line of Viewpointe Boulevard on the north and at the intersection with a line which bears north 60°00'00" east from the southerly terminus of said 25 feet in width strip of land on the south. Containing an area of 31,380 square feet (0.72 acs.) of land, more or less. EARCEL 3 (Permanent Easement) All of Parcel "K" as shown on said map of Subdivision 4325 filed April 25, 1973, in Book 156 of Maps at Rage 29 records of said County. Containing an area of 11,940 square feet of land, more or less. Bearings are based on the California Coordinate System Zone 111 (CCS27). Distances shown are ground, to obtain grid distances, multiply given distances by 0.9999311. This real property desion has been prepared by me or under my direction, in conformance with the Professional Laerveyors Act. ��osc�Ry� Signature: ���ti.sro Licensed Land Surveyor Ctra qpsta County Public Works Date: � OFC atr�o��. JH.jig gAclericailexhibitsodeocr.ex 1/30/97 Page 2 of 3 Rodeo Creek Trail Landscape and irrigation Easement PARCEL .4 (Permanent Easement) Real property In an unincorporated area of Contra Costa County, California, being till of that parcel of land described in the instrument to the Contra Costa County Flood Control and Water conservation District as Reservation `B" filed May 17, 1973, in Book 6947 of Official Records at Page 619 records of said County. Containing an area of 3,0153 square feet of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land eyors Act. eta str , Signature: icensed Land Surveyor No. wry� Contra C sta County Public Works Dater OF CA1 RZIBS:pe g:lciericaftexhibitslRodeoCnEx A January 30, 199' Page 3 of 3 i