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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-314 D, 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 4 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY 5 Road Purposes: No. 98/314 North Broadway Area Revitalization (C.C.P. Sec. 1245.230) 6 Project Bay Point Area 7 8 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or 9 more of its members, RESOLVES THAT: 10 Pursuant to Government Code Section 25350.5 and Streets and Highways Code Section 11 943, Contra Costa County intends to acquire certain interest in real property for the purpose of 12 constructing the following infrastructure in the Bay Point area: (1) pavement widening , slurry- 13 seal and frontage improvements (curb, gutter and sidewalk) on North Broadway, Solano and 14 Poinsettia Avenues; (2) a new storm drainage system on Poinsettia and extension of existing 15 storm drains on North Broadway and Solano Avenues; (3) construction of a new road (Pullman 16 Avenue) from Fairview to North Broadway; (4) and installation of street lights on Pullman 17 Avenue and related improvements. In addition, a significant number of upgrades to the water 18 and sewer facilities will be constructed. 19 The property to be acquired consists of one (1)parcel and is generally located in the Bay 20 Point area. The said property is more particularly described in Appendix"A", attached hereto 21 and incorporated herein by this reference. 22 Notices sent to the person whose name appeared on the last equalized County 23 Assessment Roll as the owner of said land were returned undelivered. Following unsuccessful 24 attempts to locate the owner, notice of the County's intention to adopt a resolution of necessity 25 for acquisition by eminent domain of the real property described in Appendix "A"was published 26 in the Contra Costa Times,which is a newspaper of general circulation in this County, on May 27 25, 1998. Also published were a map of the property, a legal description and the name and last 28 1 I known address of the property owner. The notice specified Tuesday, June 9, 1998, at 11:00 a.m. 2 in the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,Martinez, 3 California, as the time and place for the hearing thereon. 4 The hearing was held at that time and place, and all interested parties were given an 5 opportunity to be heard. Based upon the evidence presented to it,this Board fords, determines 6 and hereby declares the following: 7 1. The public interest and necessity require the proposed project; and 8 2. The proposed project is planned and located in the manner which will be most 9 compatible with the greatest public good and the least private injury; and 10 3. The property described herein is necessary for the proposed project; and 11 4. The offer required by Section 7267.2 of the Government Code was not made to the 12 owner or owners of record because said owner could not be located with reasonable diligence. 13 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 14 To acquire in the County's name,by condemnation, the titles, easements and rights of 15 way hereinafter described in and to said real property or interest(s)therein, in accordance with 16 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of 17 California: 18 Parcel 14 is to be acquired in fee title. 19 To prepare and prosecute in the County's name such proceedings in the proper court as 20 are necessary for such acquisition; 21 To deposit the probable amount of compensation, based on an appraisal, and to apply to 22 said court for an order permitting the County to take possession and use said real property for 23 said public uses and purposes. 24 25 26 JJI 27 28 2 I PASSED and ADOPTED on June 9, 1998,by the following vote: 2 AYES: Supervisors Uilkema, Gerber, DeSaulni.er, Canciamilla, Rogers 3 NOES: None 4 ABSENT: None 5 ABSTAIN: None 6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, 7 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra 8 Costa County, California, at a meeting of said Board on the date indicated above. 9 Dated: June 9, 1998 Phil Batchelor, Clerk of the Board of 10 Supervisors and County Administrator 11 13 Deputy 14 15 16 17 cc: Public Works Department Real Property Division 18 Auditor-Controller County Counsel (certified copy) 19 County Administrator 20 x:\DFoTraPiEFs\sLA\sP-PN2.wPD 21 A" 22 23 24 25 26 27 28 3 Road Group Number 5385 ter'` Bay Point Revitalization YffS i 14TIiK ���' �f� Parcel 14 Portion APN 096-043-018 Picott to C.C. Co. AppE"IX "Aft ff A portion of Lot 16 Block B "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8, 1926 in Book 19 of Maps at page 506 Contra Costa County, California, being a portion of the parcel of land granted to Hodgess Picott, a single person by deed recorded January 16, 1987 in Book 13393 of Official Records at page 133 described as follows: Commencing at the southwest comer of said Lot 16 Block B (19 M 506); thence south 89°09' 40" east 7.620 meters to the easterly right of way line of Solano Avenue as acquired by Contra Costa County resolution filed August 6, 1953 in Book 2172 of Official Records at page 86 being the Point of Beginning; thence from said Point of Beginning along said easterly right of way line north 0009'38" east 2.828 meters; thence leaving said right-of-way line south 44009'38" east 2.828 meters thence north 89009'40" west 2.000 meters to the Point of Beginning. Containing an area of 2 square meters of land more or less. Bearings are based on the California Coordinate System Zone III (CCS 27). Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. survey foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to square feet. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: MCA# Licen urveyor `` ;�` Contra Costa County Public Works FXp./r--3/ ` Date: No, 5939 / ltF CAt1I��a\� g:\clerical\exhibits\BayPl4.ex 1/12/98 1