HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 97-505 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
2
3 Re: Condemnation of Property for Public ) RESOLUTION OF NECESSITY
Drainage Purposes:Hwy. 4 Willow ) No. 97/505
4 Pass Grade-Pittsburg Area ) (C.C.P. Sec. 1245.230)
5
6 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
7 of its members,RESOLVES THAT:
8 Pursuant to Government Code Section 25350.5 and Streets and Highways Code Section 943,
9 Contra Costa County acquire certain interests in real property for public dramage purposes,a public
10 improvement,constructed in connection with the State Hwy.4 Willow Pass Grade road project.
11 The property to be acquired consists of four (4) parcels and is generally located in the
12 Pittsburg area. The said property is more particularly described in Appendix"A",attached hereto
13 and incorporated herein by this reference.
14 On September 2, 1997,notice of the County's intention to adopt a resolution of necessity for
15 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
16 whose namesappear on the last equalized County Assessment Roll as owners of said property. The
17 notice specified Tuesday,September 23, 1997 at 11:00 a.m. in the Board of Supervisors Chambers
18 in the Administration Building,651 Pine Street,Martinez,California,as the time and place for the
19 hearing thereon.
20 The hearing was held at that time and place, and all interested parties were given an
21 opportunity to be heard. Based upon the evidence presented to it,this Board finds,determines and
22 hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 . 2. The proposed project is planned and located in the manner which will be most compatible
25 with the greatest public.good and the least private injury;and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required by Section 7267.2 of the Government Code was made to the owner
28 or owners of record.
I The County Counsel of this County is hereby AUTHORIZED and ENIPOWERED:
2 To acquire in the County's name,by condemnation,the titles,easements and rights of way
3 hereinafter described in and to said real property or interest(s) therein, in accordance with the
4 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
5 All parcels are to be acquired as permanent drainage easements.
6 To prepare and prosecute in the County's name such proceedings in the proper court as are
7 necessary for such acquisition,
8 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
9 court for an order permitting the County to take possession and use said real property for said public
10 uses and purposes. At the request of the property owner,the County Counsel is directed to delay
11 the filing of any condemnation action based on this resolution of necessity until after October 23,
12 1997.
13 PASSED and ADOPTED on September 23, 1997 by the following vote:
14 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, beSaulnier
15 NOES: None
16 ABSENT: None
17 ABSTAIN:None
18 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
19 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra
20 Costa County,California,at a meeting of said Board on the dated indicated above.
21 Dated: September 23, 1997
22 Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
23
24
By:
25epu
cc:Public Works Department
lf
26 Real Property Division
Auditor-Controller
27 County Counsel (Certified Copy)
County Administrator
28 H.%aRour wAmwEsT-ns.wm
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Appendix $'A!'
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PARCEL 50857
PARCEL 50857.5 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE 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 A POINT ON THE SOUT14E7.RLY.RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEAN FINANCIAL AND
CONSTRUCTION CO.AND NORTH STATE DEVELOPMENT 00. TO THE COUNTY OF CONTRA
COSTA RECORDED OCTOBER 13, IM IN BOOK 19039 AT PACE 825 OF OFFICIAL COUNTY
RECORDS OF CONTRA COSTA COUNTY DESCR3BE D AS PARCEL i(5t3w-1),SAID PGw OF
COiv1M;EN'C.EMF.NT"BEING NORTH.74°5V27"WEST 49.13 FEET FROM THE SOUT'I-IERLY
JIMMINUS OF THAT CERTAIN TAIN COURSE DESCRIBED AS NORTH 7405827"WEST 173.55 FEEw I
IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 925),THENCE LEAVING SAID
SOUTuE3RLY LINE SOUTH 8404979""WEST 145.12 FEE"ITO THE TRUE POINT OF
BEGINNiNa,THENCE SOUTH 84 4929"WEST 65.60 FEET,71MC E NORTH 05010'3 I"WEST
20.00 FEET,THENCE NORTH 84049029"EAST 78.80 FEET THENCE SOUTH 28014-20-WEST 23.96
FEET TO THE TRUE POINT OF BEGINNING
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PARCEL 50860
PARCEL 50860-8 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA
COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 15,T.2.N.,R.I.W.,M.D.B.&M,MORE PARn I'1'.,ARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY LM OF THE LANDS OF CULBERRTSON AS DESCRIBED IN
THE DEED TO ALVERNAZ,,RECORDED ON SEPTEMBER 30, 1923 IN BOOK 457 OF DEEDS AT
PAGE 448,RECORDS OF SAID CONTRA COSTA COUNTY AT ITS DMMSEC17ON WITH THE
SOUTHERLY RIGHT OF WAY LINE OF S'L'ATE ROUTE 4 AS SHOWN ON THE RIGHT OF WAY
RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
ROUTE 4 IN CONTRA COSTA COUNTY,DATED JULY 1974,AND GRANTED BY GEORGE W.
ANDREWS AS PARCEL TWO BY DEED RECORDED FEBRUARY 9, 1950 IN BOOK 1504 AT
PAGE 230,OFFICIAL RECORDS OF CONTRA COSTA COUNTY;
THENCE ALONG SAID WESTERLY LINE(457 DEEDS 448)SOUTH 01°0628"WEST 145.17
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEEC ON FINANCIAL AND
CONSTRUCTION CO.,INC.TO CONTRA COSTA COUNTY,RECORDED ON OCTOBER 13, 1993
IN BOOK 19039,AT PAGE$25 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY ANIS
DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF
CONTRA COSTA,RECORDED MARCH 25, 1994 IN DOC.NO.94-083512 OF OFFICIAL
RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PAROL 50862-1
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG SAID RIGHT OF WAY LINE DESCRIBED IN SAID DEED
( 19039 OR 825 AND 94-083512)SOUTH 81°33'27"EAST 77.76 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 06049'11"WEST 113.00 FEET
TO A POINT ON THE SOUTHERLY LINE OF PARCEL 50860.6 AS DESCRIBED IN SAID ORDER
OF CONDEMNATION(19039 OR 825);THENCE NORTH 83010'49"WEST 186.18 FEET ALONG
THE SOUTHERLY LINE OF PARCEL 50860-6 AND PARCEL 50860-3 OF SAID ORDER OF
CONDEMNATION(19039 OR$25)AND,PARCEL,50862-3 IN SAID REED(94-093512);
THENCE NORTH 01°06'28"EAST 31.42 FEET TO A POINT ON THE SOUTHERLY LINE OF
PARCEL 50$60-2 AS DESCRIBED IS SAID ORDER OF CONDEMNATION,
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 50860-2 OF SAID ORDER OF
CONDEMNATION NORTH 83001139"WEST 94.67 FEET-,
THENCE NORTH 41001139"WEST 111.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF
WAY OF HIGHWAY 4,AS DESCRIBED IN THE FINAL ORDER.OF CONDEMNATION FROM
SEECON FINANCIAL AND CONSTRUCTION CO.,INC.TO CONTRA COSTA COUNTY,
RECORDED ON OCTOBER 13, 1993 IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF
CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A
POINT ON A 150.00 FOOT RADIUS CURVE,WHOSE CENTER BEARS SOUTH 18057'46"EAST;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF SAID 150.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 27624'19"AN ARC
LENGTH OF 71.75 FEET TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 81033'27"EAST 219.73
FEET TO THE TRUE POINT OF BEGINNING.
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PARCEL 50860
PARCEL 50860-9 (Drainage Easement)
ALL.THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF
CALIFORNIA,BEING A PORTION OF THE NoRTEWEST QUARTER OF SECTION 15,T.2 N.,R.1
W.,M.D.B.&M.MORE PAR71CUL.ARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY JIM OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCLA-L AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13,1"3 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTY RECORDS OF CONTRA COSTA COUNTY
.DESCRIBED AS PARCEL 1(50960.1)SAID POINT OF BEGINNING BEING THE NORTHERLY
TERMINUS OF THAT CERTAIN COURSES DESCRIBED AS NORTH 36029*24"WEST 301.74 FEET
IN SAID FINAL ORDER OF CONDEMNATTON(19039 OR 823 );THENCE ALONG SAID
SOUPY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825 )
SOUTH 36"29'24"EAST 24.95 FEET;THENCE LEAVING SAID SOUTHERLY LATE NORTH
$9046155"WEST 142.29 FEET;THENCE NORTH 0013'05"EAST 2.0.00 FEET;THENCE SOUTH
$9046'55"EAST 127.38 FEET TO THE POINT OF BEGINNING
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PARCEL 50860
PARCEL 50860-10 (Drainage Easement)
ALL THAT REAL PROPERTY SITUATE 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
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND
CONSTRUCTION CO.TO THE COUNTY OF CONTRA.COSTA RECORDED OCTOBER 13 ,1993 IN
BOOK 19039,PAGE 825 OF OFFICIAL COUNTY RECORDS OF CONTRA COSTA COUNTY
DESCRIBED AS PARCEL 1 (54864-11 SAID POINT OF BEGINNING BEING NORTH 74058127"
WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS NORTH 74058127"WEST 173.55 FEET IN SAID FINAL ORDER OF
CONDEMNATION( 19439 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH
$4049'29"WEST 145.12 FEET;THENCE NORTH 28014120"EAST 23.96 FEET;THENCE NORTH
84049`29"EAST 77.56 FEET TO A POINT ON SAM SOUTHERLY LINE AS DESCRIBED IN SAID
FINAL ORDER OF CONDEMNATION( 19039 OR 825 );THENCE ALONG SAID SOUTHERLY
LINE SOUTH 7405827"EAST 57.92 FEET TO THE POINT OF BEGINNING
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