HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-095 I THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for ) RESOLUTION OF NECESSITY
Public Road Purposes State Route } No. 99l 9
4 4 West Chap Project Hercules 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 or more
7 of its members, RESOLVES that:
8 Pursuant to Government Code section 25350.5 and Streets& Highways Code section 943,
9 Contra Costa County in conjunction with the Contra Costa Transportation Authority and Caltrans
10 intend to construct a road project, a public improvement, that consists of adding two new lanes,
I I which will carry westbound traffic,north of the existing,two lane highway more commonly known
12 as Franklin Canyon Road in the Hercules area, and, in connection therewith, acquire interests in
13 certain real property.
14 The properties to be acquired consist of 15 parcels and are generally located in the Hercules
15 area. The said properties are more particularly described in Appendix "A", attached hereto and
16 incorporated herein by this reference.
17 On February 18, 1999,notice of the County's intention to adopt a resolution of necessity for
18 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
19 whose names appear on the last equalized County Assessment Roll as owners of said property. The
20 notice specified March 9, 1999, at 9:00 a.m. in the Board of Supervisors Chambers in the
21 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
22 thereon.
23 The hearing was held at that time and place, and all interested parties were given an
24 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
25 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
RESOLUTION OF NECESSITY 1.
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 record.
4 5. Insofar as any of the property described in this resolution has heretofore been
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5 dedicated to a public use, the acquisition and use of such property by Contra Costa
6 County for highway purposes is for a more necessary public use than the use to
7 which the property has already been appropriated or for a compatible public use.
8 This determination and finding is made and this resolution is adopted pursuant to
9 Code of Civil Procedure sections 1240.510 and 1240.610.
10 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
11 To acquire in the County's name, by condemnation,the titles, easements and rights of way
12 hereinafter described in and to said real property or interest(s) therein, in accordance with the
13 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
14 Parcels 1, 3,4, 6, 7, 10,and 11 are to be acquired in fee title.
15 Parcels 8, 12, and 15 are to be acquired as permanent easements.
16 Parcels 2, 5,9, 13, and 14 are to be acquired as temporary construction easements.
17 To prepare and prosecute in the County's name such proceedings in the proper court as are
18 necessary for such acquisition;
19 To deposit the probable amount of compensation based on an appraisal,and to apply to said
20 court for an order permitting the County to take immediate possession and use said real property for
21 said public uses and purposes.
22 PASSED and ADOPTED March 9, 1999,by the following vote:
23 AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla
24 NOES: None
25 ABSENT: None
26 ABSTAIN: None
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28 Ill
RESOLUTION OF NECESSITY 2.
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 Costa
3 County, California, at a meeting of said Board of Supervisors of Contra Costa County, California,
4 at a meeting of said Board on the date indicated above.
5 Date: March 9, 1999
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13 Orig. Dept: Public Works Department (R/P)
Karen A. Laws (313-2228)
14 Auditor-Controller
County Counsel (Certified Copy)
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18 H.\GROUPS\STAFF\RESNEC.WPIU
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24 I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
25 the Board of Supervis on the date shown.
ors
26 ATTESTED:
PIRL BATCHELOR,Clerk of the Tfnard.of
27 Supervi rs and County Administrator
28 By ,Deputy
RESOLUTIONN OF NECESSI"T"Y 3.
APPENDIX "A"
PACIFIC TELEPH'ONL & TELEGRAPH COMPANY
Real property situated in the Rancho El Pinole, being a portion of that parcel of land
described in the deed to Pacific Telephone & Telegraph (P.T.&T.) recorded October 23,
1946, in Book 957 at Page 453 Official Records of Contra Costa County, Mate of
California, described as follows;
Parcel 1 (56514— 1) Fee
Beginning at the most westerly corner of said P.T.&T. parcel; thence along the
northwesterly line North 52016'38" East, 12.876 meters; thence South 37043'23" Bast,
6.074 meters; thence South 52016'37" West, 12.877 meters to the southwesterly line of
said P.T.&T. parcel; thence along said line North 37043'18" West, 6.074 meters to the
Point of Beginning.
Containing an area of 78 square meters, more or less.
Parcel 2 (56514—2) Temporary Construction Easement
An easement for Temporary Construction Purposes to expire December 31, 2002,
upon, over and across that certain real property described as follows:
A strip of land 6.074 meters in width measured at right angles, lying southwest and
immediately adjacent to the northwesterly line of the above described P.T.&T. parcel
(957 O.R. 453).
EXCEPTING THEREFROM: The northeasterly 3.851 meters, and the southwesterly
12.877 meters of the herein described 6.074 meter strip.
Containing an area of 84 square meters more or less.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances.
DffF AGA
Real property situated in the Rancho El Pinole, being a portion of the parcel of land
described in instrument recorded February 28,1978, in Book 8727 at page 1 Official
Records of Contra Costa County, State of California, described as follows:
PARCEL. 3 (56512-1) Fee
Beginning at the most easterly comer of said parcel (8727 O.R. 1), said point also being
at the intersection of the northwesterly line of State Route 4 and Cummings Skyway;
thence along said northwesterly fine of State Route 4, South 52053`22" West, 204.421
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meters and North 89001'46" West, 27.313 meters; thence leaving said State Route 4,
North 20052'01" East, 156.835 meters; thence North 66022'49" Bast, 89.476 meters;
thence South 84004'12" 10.938 meters to the westerly line of Cummings Skyway,
thence along said westerly line South 26031'44" East , 19.653 meters and South
381,48'43" East, 52.373 meters to the Point of Beginning.
Containing an area of 15,801 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantors remaining property, in and to said freeway.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone Ili (1991.35 HPGN). Multiply distances
shown by 1.000068 to obtain ground distances.
A fAEW-4d A
Real property situated in the Rancho El Pinole, being a portion of that parcel of land
described in the deed to Takaaki Matsushita, et ux recorded September 8, 1995, Series
No. 95-150812 and shown as Parcel B on the map filed November 18, 1985 in Book
125 of Parcel Maps at page 9, both Official Records of Contra Costa County, State of
California, described as follows:
PARCEL 4 (56452-1) Fee
Beginning at the most easterly comer of said Matsushita parcel, thence along the
southeasterly line of said parcel South 2602921" West, 25.777 meters; thence leaving
said line North 80000'32" West, 104.802 meters; thence North 75001'25" West,
30.269 meters to the northwesterly line of said parcel; thence along said northwesterly
line, North 14°44'21" East, 39.851 meters to the most northerly comer of said parcel;
thence along the northeasterly line of said parcel South 7204647" East, 140.091 meters
to the Point of Beginning.
Containing an area of 4,604 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutters rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 5 (56452-3) Temporary Construction Easement
An easement for Temporary Construction purposes to expire December 13, 2002
upon, over and across that certain real property described as follows :
Beginning at the intersection of the southeasterly line of said Matsushita parcel and the
northerly line of State Route 4 as shown on said map (125 PM 9); thence along the
northerly of said State Route 4 the following courses: South 88021'51" West, 4.893
meters to a curve concave northerly having a radius of 275.826 meters, a central angle
of 9°38'02", an arc distance of 46.378 meters; thence leaving said northerly line of State
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Route 4, North 7059'53" East, 2.000 meters to a non-tangent curve concave northerly
having a radius of 273.826 meters, a radial to said curve bears South 7059'53" west;
thence easterly along the arc of said curve , through a central angle of 8"29'51", an arc
distance of 40.612 meters; thence North 01141'08" West, 4.912 meters; thence North
89018'52" East, 13.843 meters to the east line of said Matshushita parcel; thence along
said east line South 26029'20"West, 7.637 meters to the Point of Beginning.
Containing an area of 165 square meters more or less.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances.
Q1
Real property situated in the Rancho EI Pinole, being a portion of that parcel of land
described in the Instrument recorded January 19, 1989 In Book 12122 at page 926 ,
Official Records of Contra Costa County, State of California, described as follows:
PARCEL 6 (56448-1) FEE
All of Parcel 1 of the above described Grant Deed (12122 O.R. 926) lying southwesterly
and southerly of the strips of land described in the instruments to the San Joaquin
Valley Railway Company recorded December 11, 1897 in Book 78 at pagel of Deeds,
and to the Atchison, Topeka and Santa Fe Railway in Book 214 at page 388 of Deeds,
all records of said County, EXCEPTING THEREFROM all of said parcel lying
northeasterly of the following described line:
Commencing at the most northerly comer of the parcel of land shown as Parcel "A" on
the map filed November 18, 1985 in Book 125 of Parcel Maps at Page 9, records of
said County, said comer also being the westerly comer of the above described Ditmer
Parcel; thence along the westerly line of said Ditmer Parcel , North 28054'22" East,
24.146 meters to the Point of Beginning for the herein described line; thence South
73046'09" East, 143.297 meters; thence South 73002'07" East, 184.882 meters to the
southwesterly line of the Burlington Northern Santa Fe (formerly Atchison, Topeka and
Santa Fe) Railway, being the southeasterly terminus of the herein described line.
Containing an area of 44,112 square meters more or less.
This conveyance is made for the purpose of a freeway, and the Grantor hereby
releases and relinquishes to the grantee any and all rights of access, appurtenant to
grantor's remaining property, In and to said freeway.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances.
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JOHN EURTON MACHINE CORPORATION
Real property situated in the Rancho EI Pinole, being a portion of that parcel of land
shown on the map filed May 29, 1975 in Book 59 of Licensed Surveyors Maps (LSM) at
page 19 records of Contra Costa County, State of California, described as follows:
PARCEL 7 (56447-1) Fee
Beginning at the southeasterly comer of said parcel (59 LSM 19) said point being on
the northerly line of State Route 4; thence along said line the following courses: North
85°30'39" West 16.505 meters to a curve concave to the north having a radius of
427.453 meters, along the arc of said curve through a central angle of 3002'00", an arc
distance of 22.630 meters, North 81049'09" West, 100.619 meters to a curve concave
northeasterly having a radius of 304.779 meters, along the arc of said curve through a
central angle of 12024'07", an arc distance of 65.971 meters, North 69025`02" West,
112.220 meters to a curve concave southwesterly having a radius of 129.531 meters,
along the arc of said curve, through a central angle of 22014'20", an arc distance of
50.276 meters, South 88020'38" West, 33.949 meters, South 721,24'32" East, 11.090
meters, South 88021'51" West, 80.023 meters and North 84035'13" West 26.391
meters; thence leaving said northerly line of State Route 4 along the westerly line of
said parcel (59 LSM 19) North 26029'20" East, 5.996 meters; thence North 89018`52"
East, 80.617 meters; thence North 841,54'08" East,11.926 meters to a curve concave
southerly having a radius of 220.000 meters; thence along the arc of said curve through
a central angle of 19023`53", an arc distance of 74.483 meters to a compound curve
concave southwesterly having a radius of 385.000 meters; thence along the arc of said
curve through a central angle of 7020'14", an arc distance of 49.303 meters; thence
South 67048'18" East, 4.735 meters; thence North 28005'12" East, 29.563 meters to the
northerly line of said parcel (59 LSM 19: thence along said northerly line South
79020'53" East, 257.470 meters to the easterly line of said parcel (59 LSM 19); thence
along said fine South 1023'32" West, 41.086 meters to the Point of Beginning.
Containing an area of 12,864 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
Reserving, however to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described line:
Beginning at point which bears North 26029'20" East, 5.996 meters from the most
westerly comer of said parcel (59 LSM 19); thence North 891,18'52" East, 20.000 meters
to the easterly terminus of the herein described line.
PARCEL 8 (56447-2) Drainage Easement
An easement for drainage purposes and incidents thereto, upon, over and across that
certain real property described as follows:
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Beginning at the northeasterly terminus of the line described as "North 89018'52" East,
80.617 meters" in the above described PARCEL 1 (58447-1); thence North 651,16'30"
East, 26.794 meters; thence North 40°1621" East, 32.017 meters to the northeasterly
line of said parcel (59 LSM 19); thence along said line South 72027'52" East, 4.337
meters; thence South 40016'21" West 39.707 meters to a non-tangent curve concave
southerly having a radius of 220.000 meters, a radial to said curve bears North 3029'04"
West; thence westerly along the arc of said curve through a central angle of 1°36'44",
an arc distance of 6.190 meters; thence South 84°54'08" West, 11.926 meters to the
Point of Beginning.
Containing an area of 207 square meters, more or less.
PARCEL 9 (56447-3) Temporary Construction Easement
An easement for Temporary Construction Purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
Beginning at the northeasterly terminus of the line described as "North 26029'20" East,
5.996 meters" in the above described PARCEL 1 (56447-1) said line also being the
northwesterly line of said parcel (59 LSM 19); thence continuing North 261,29'20" East,
5.620 meters; thence North 891,18'52" East, 7.433 meters; thence South 041'08" East,
5.000 meters; thence South 89018"52" West, 10.000 meters to the Point of Beginning.
Containing an area 44 square meters, more or less.
The bearings and distances used in the above description are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances.
K& GIL-MC?f�L
Real property situated in the Rancho EI Pinole, being a portion of that parcel of land
described in the Instrument to Howard Kirk & Roger G. Gilmore, a general partnership
(Kirk & Gilmore) recorded January 19, 1989 in Book 14838 at Page 668, Official
Records of Contra Costa County, State of California, described as follows:
PARCEL 10 (56449-1) Fee
Beginning at the intersection of the northwesterly line of said Dirk & Gilmore parcel
(14838 O.R. 668) with the northeasterly line of State Route 4 as described in the deed
to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at page 292,
records of said County; thence along said northwesterly line North 51036'50" East,
85.434 meters; thence leaving said line North 65°56'31" East, 22.185 meters; thence
South 6605355" East, 63.245 meters; thence South 79°10'23" East, 107.938 meters;
thence South 67043'15" East, 5.026 meters to the southeasterly line of said Kirk &
Gilmore parcel; thence along said line South 521,16'39" West, 82.967 meters to the
northeasterly line of State Route 4 also being a non-tangent curve concave
southwesterly, having a radius of 224.394 meters, a radial to said curve bears North
9°21'24" East; thence westerly along said northeasterly line of State Route 4, along the
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arc of said curve through a central angle of 904833", an arc distance of 38.417 meters;
thence continuing along said State Route 4, North 8003836" West, 132.239 meters to a
curve concave northeasterly having a radius of 284.971 meters; thence along the arc of
said curve through a central angle of 4040'37", an arc distance of 23.262 meters to the
Point of Beginning.
Containing an area of 12,665 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 11 (56449-6) Fee
Beginning at the northeasterly terminus of the line described as "South 52016'39" West,
82.967 meters" in the hereinabove described PARCEL 1 (56449-1) said point also
being on the southeasterly line of said Kirit & Gilmore parcel; thence continuing along
said line North 52016'39" East,.48.406 meters; thence North 37043'21" West, 1.210
meters; thence South 551148'33" West 51.016 meters; thence South 6743'15" East,
5.026 meters to the Point of Beginning.
Containing an area of 136 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
R ervino, however to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described
lines:
Beginning at the northerly terminus of the line hereinabove described as " North
52016'39" East, 48.406 meters"; thence North 3704321" West, 1.210 meters; thence
South 55048`33" West 12.901 meters to the southwesterly terminus of the herein
described line.
PARCEL 12 (56449-3) Utility Easement
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing at the intersection of the northwesterly line of said Kirk & Gilmore parcel
(14838 O.R. 668) with the northeasterly line of State Route 4 as described in the deed
to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at page 292,
records of said County; thence along said northwesterly line North 51036'50" East,
128.652 meters to the Point of Beginning for the herein described parcel, said Point of
Beginning also being on the northwesterly line of said Kirk & Gilmore parcel; thence
continuing along said northwesterly line, North 51036'50" East, 13.914 meters; thence
North 26143'04" East, 3.066 meters; thence South 67017'06" East, 138.090 meters;
thence South 67°43'15" East, 31.856 meters to the southeasterly line of said Kirk &
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Gilmore parcel; thence along said line South 52016'39" West, 17.597 meters; thence
North 67043'15"West, 23.086 meters; thence North 67017'06" West, 145.116 meters to
the Point of Beginning.
Containing an area of 2,568 square meters, more or less.
PARCEL 13 (56449.4) Temporary Construction Easement
An easement for Temporary Construction purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
Beginning at the northeasterly terminus of the line described as "North 51036'50" East,
85.434 meters" in the hereinabove described PARCEL 1 (56449-1) said Point of
Beginning also being on the northwesterly line of said Kirk & Gilmore parcel; thence
continuing along said northwesterly line North 51036'50" East, 18.513 meters: thence
South 66053'55" East, 6.248 meters; thence South 6505631" West, 22.185 meters to
the Point of Beginning.
Containing an area of 51 square meters more or less.
PARCEL 14 (56449-5) Temporary Construction Easement
An easement for Temporary Construction purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
Beginning at the northeasterly terminus of the line described as "North 52016'39" East,
48.406 meters" In the hereinabove described PARCEL 2 (56449-6) said point also
being on the southeasterly line of said Kirk & Gilmore parcel; thence North 37043'21"
West, 1.210 meters; thence South 55048'33" West 51.016 meters; thence North
79010'23" West, 14.205 meters; thence North 521639" East, 74.072 meters; thence
South 3704321" East, 15.000 meters to the southeasterly line of said Kirk & Gilmore
parcel; thence along said line, South 52°16'39" West 13.750 meters to the Point of
Beginning.
Containing an area of 878 square meters more or less.
The bearings and distances used in the above description are on'the California
Coordinate System of 1983 (CCS83) Zone Ill (1991.35 HPGN). Multiply distances
shown by 1.000060 to obtain ground distances.
GREENPARK§AGF.FRANKLIN ANYDN LLC
Real property situated in the Rancho El Pinole, being a portion of Parcel "B" as shown
on the map filed December 26, 1975 in Book 41 of Parcel Maps at page 42, Records of
Contra Costa County, State of California, described as follows:
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PARCEL 15 (57108-1) Utility Easement
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows:
Commencing at the most westerly comer of the parcel of land described in the
Quitclaim to the State of California recorded March 22, 1983 in Book 11173 of Official
Records at page 824, records of said County; thence along the west line of said Parcel
"B" (41 PM 42), South 8050'21" West, 4.726 meters to the Point of Beginning; thence
continuing along said east line South 8050`21" West, 24.115 meters; thence South
70010'24" East, 10.270 meters, thence North 19049'35" East, 15.000 meters; thence
North 86°21'23" East, 24.645 meters to the westerly line of said State of California
parcel (11173 O.R. 824); thence along said line North 9021'24" East, 9.639 meters;
thence North 79027'03" West, 2.480 meters; thence South 86021'23" West, 30.969
meters; thence North 46°42'11"West, 5.305 meters to the Point of Beginning.
Containing an area of 528.5 square meters, more or less.
The bearings and distances used in the above descriptions are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000068 to obtain ground distances.
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