HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-587 I THE BOARD OF SUPERVISORS
CONTRA.COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for RESOLUTION OF NECESSITY
Substitute Access Purposes in No. 98/587
4 Connection with the State.Highway 4 (C.C.P. Sec. 1245.230)
Willow Pass Grade Widening and j
5 Lowering Project, Pittsburg Area
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 and Code of Civil Procedure Section
9 1240.350 Contra Costa County intends to acquire an interest in real property for the purpose of
10 providing legal access to a public road for a property owner affected by the closure of an access
11 opening along Highway 4, in connection with the State Highway 4 Willow Pass Grade Widening
12 and Lowering project ("Project") in the Pittsburg area.
13 The property to be acquired consists of a substitute access easement which is generally
14 located in the Pittsburg area. The said property is more particularly described in Appendix "A",
15 attached hereto and incorporated herein by this reference. The use, scope and extent of the
16 substitute access easement will be limited to the same use, scope and extent of the access
17 easement that was closed by the Project, as described in that grant of easement recorded on
18 February 20, 1905 in'V'olume 102 of Deeds,page 520 Records of Contra Costa County and
19 further described in the Judgment recorded December 4, 1933 in Book 348, OR, Page 468 of the
20 Records of Contra Costa County.
21 On September 16, 1998,notice of the County's intention to adopt a resolution of
22 necessity for acquisition by eminent domain of the real property described in Appendix"A"was
23 sent to persons whose names appear on the last equalized County Assessment Roll as owners of
24 said property. The notice specified October 6, 1998, at 11:00 a.m. in the Board of Supervisors
25 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
26 place for the hearing thereon. At the hearing the Board continued the item until October 20,
27 1998 at 2:00 p.m.
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I The hearing was held at that time and place,and all interested parties were given an
2 opportunity to be heard. Based upon the evidence presented to it, and taking into account
3 hardship to the owner of the property,this Board finds,determines and hereby declares the
4 following:
5 1. The public interest and necessity require the proposed project;and
6 2. The proposed project is planned and located in the manner which will be most
7 compatible with the greatest public good and the least private injury; and
8 3. The property described herein is necessary for the proposed project;and
9 4. The offer required by Section 7267.2 of the Government Code was made to the
10 owner or owners of record.
11 5. The taping of the substitute property is necessary for the purpose of acquiring
12 legal access to a public road as specified in Section 1240.350 of the Code of Civil
13 Procedure.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County's name,by condemnation,the titles, easements and rights of
16 way as set forth in Appendix"A",in and to said real property or interest{s}therein,in
17 accordance with the provisions for eminent domain in the Code of Civil Procedure and the
18 Constitution of California:
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 immediate possession and use said real
23 property for said public uses and purposes.
24 PASSED and ADOPTED on Noverr 3+1998 by the following vote:
25 AYES: SUPERVISORS UII EMArGERBER,DESAULNIER,CAUTAMILT A
26 NOES: NONE
27 .ABSENT: SUPERVISOR Romps
ABSTAIN: NONE
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I I 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 Contra
3 Costa County, California, at a meeting of said Board on the date indicated above.
4 .Date:
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7 1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
8 Board of Supe the date wn.
ATTESTED: „�` t
9 PHIL BATCHELOR,Clerk if the Board
Of Supervisors and County Administrator
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By ,Deputy
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14 Orig. Dept: Public Works Department(RIP)
Contact: Auditor-Controller
15 County Counsel (Certified copy)
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Floating Access Easement
Portions of APN 097-160-013
APN 097-160-047
Alves to C.C. Co.
16.5 feet in width
Appendix
Parcel 1
A portion of Parcels "A" and "C" as shown on the Parcel Map, filed October 24, 1983, Book 108 of
Parcel Maps, Page 2, Contra Costa County Records, described as follows:
A nonexclusive floating access easement over a strip of land 16.5 feet in width extending from the
most easterly boundary of said Parcel "A"westerly through such Parcels"N' and "C" in the general
location shown on Exhibit "B" attached hereto and incorporated herein by this reference, to the
intersection of the roadway easement as described in the Deed to Jos. Faria, et al, recorded
February 20, 1905, Book 109 of Deeds, page 520, and in the Judgment recorded December 4,
1933, Book 348, Page 468, Official Records. The location of said floating easement to follow
driveway on said Parcels "A"and "C" (108 PM 2) as it may be located or relocated in this area from
time-to-time.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
tjND sr q�
Signature: ; ,
Licensed Land Surveyor ;
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Contra Costa County Public Works #
Date:
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G:\GrpOata\CIeri i\EXHIBITS\pariaexb.doc
August 24, 1998 `
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