HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-146 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property
for Public Road Purposes, RESOLUTION OF NECESSITY
4 State Route 4 East, Railroad No. 2001/146
Ave. to Loveridge Rd., (C.C.P. § 1245.230)
5 Pittsburg Area
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943,
10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation
I I Authority and Caltrans, intends to construct a road reconstruction project, a public improvement,to
12 widen 2.2 miles of State Route 4 from west of Railroad Avenue to east of Loveridge Road in the
13 Pittsburg area, and, in connection therewith, acquire interests in certain real property.
14 The properties to be acquired consist of twelve (12) parcels and are generally located in the
15 Pittsburg area. The said properties are more particularly described in Appendix"A",attached hereto
16 and incorporated herein by this reference.
17 On March 22, 2001, 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 April 10, 2001, 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 and
25 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
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RESOLUTION OF NECESSITY I
I compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by section 7267.2 of the Government Code was made to the owner
4 or owners of record; and
5 5. On March 27, 2001,this Board APPROVED the proposed project and ADOPTED
6 the Mitigated Negative Declaration/Finding of No Significant Impact pertaining to
7 this project that was published on January 23, 2001.
8 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
9 To acquire in the County's name,by condemnation, the titles, easements and rights of way
10 hereinafter described in and to said real property or interest(s) therein, in accordance with the
I I provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
12 Parcel(s) I through 8, inclusive, 9 and I I are to be acquired in fee title.
13 Parcel(s) 10 and 12 are to be acquired as temporary easement(s).
14 To prepare and prosecute in the County's name such proceedings in the proper court as are
15 necessary for such acquisition;
16 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
17 court for an order permitting the County to take immediate possession and use said real property for
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RESOLUTION OF NECESSITY 2
I said public uses and purposes.
2 PASSED and ADOPTED on April 10, 2001,by the following vote:
3 AYES: E-UPERVISORS GIOIA, DeSAULNIER, GLOVER and UILKEMA
4 NOES: __nO N E
5 ABSENT:A0jjjE
ABSTAIN: SUPERVISOR GERBER
I 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 Contra Costa
8 County, California, at a meeting of said Board on the date indicated.
9 Date: April 10,2001
1 hereby certify that this is a true and correct
10 copy of an action taken and entered on the
minutes of the Board of Supervisors on the
11 date shown.
ATTESTED: April 10 . 2001 -
12 J HN SWEETEN, Clerk of the Board
0 3uperv.sors anq qlou_nty Administrator
13 By Deputy
14 Orig. Dept: Public Works Department(RIP)
Contact: Debra L. Baker(313-2224)
15 Auditor-Controller
County Counsel(Certified Copy)
16 1ACLER\C0NDEMMr4=-ncc.wM
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RESOLUTION OF NECESSITY 3
State Route 4 East,
Railroad Avenue to Loveridge Road
APPENDIX "A"
PARCEL 1 — State Parcel # 57968 — Favilla (Fee Title) —APN 087-400-002
All of that parcel of land quitclaimed to Julius H. Favilla, a single man recorded March 6, 1978 in
Book 8734 of Official Records at page 295, City of Pittsburg, Contra Costa County, California
described as follows:
Lot 2, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, at page 9, in the
Office of the County Recorder of the County of Contra Costa, State of California.
PARCEL 2 — State Parcel # 57969 —Taylor (Fee Title) -_ APN 087-400-003
All of that parcel of land quitclaimed to Peter V. Taylor, a married man, as his sole and separate
property recorded May 6, 1994 at series number 94-126491, City of Pittsburg, Contra Costa
County, California described as follows:
Lot 3, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, at page 9, in the
Office of the County Recorder of the County of Contra Costa, State of California.
SUBJECT TO: Covenants, Conditions and Restrictions as set forth in; Declaration of
Restrictions executed by Windsor Apartments, a California partnership recorded January 21,
1977 in Book 8173 of Official Records, page 236 Contra Costa County Records.
PARCEL 3 — State Parcel # 57970 — Ruiz (Fee Title) —APN 087-400-004
All of that parcel of land granted to Javier Ruiz and Ginette Ruiz, husband and wife, recorded
April 22, 1998 at series number 98-0087064, City of Pittsburg, Contra Costa County, California
described as follows:
Lot 4, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, at page 9, in the
Office of the County Recorder of the County of Contra Costa, State of California.
PARCEL 4 — State Parcel # 57977 — Dekker— (Fee Title)APN 087-400-016
All of that parcel of land granted to Curtis L. Dekker, recorded March 18, 1999, at series number
99-0074018, City of Pittsburg, County of Contra Costa, State of California, described as follows:
Lot 16, Tract 4648, filed for record September 28, 1976, Map Book 192 of Maps at page 9, in
the Office of the County Recorder of the County of Contra Costa, State of California.
PARCEL 5 — State Parcel # 57973 — Gabor (Fee Title) - APNs 087-400-007 & 008
All of those parcels of land quitclaimed to George Gabor, a single man, recorded February 3,
1997 at series number 97-018898, City of Pittsburg, Contra Costa County, California described
as follows:
Lots 7 and 8, Tract 4648 of the Subdivision Map entitled "Windsor Apartments", filed in the
Office of the County Recorder of Contra Costa County on December 28, 1976 at Book 192,
pages 9, 10 and 11.
PARCEL 6 - State Parcel # 57974 - Gabor (Fee Title) - APNs 087-400-009, 010 & 011
All of those parcels of land granted to George Gabor recorded July 22, 1997, at series number
97-0127660, and July 22, 1997, at series number 97-0127662, City of Pittsburg, County of
Contra Costa, State of California, described as follows:
Lots 9, 10, and 11, Tract 4648, filed for record September 28, 1976, in Book 192 of Maps, at
page 9, in the Office of the County Recorder of the County of Contra Costa, State of California.
PARCEL 7 - State Parcel # 57976 - Gabor (Fee Title) - APN 087-400-013 & 014
All of those parcels of land granted to George Gabor, recorded December 22, 1998, at series
number 98-0322561, and March 24, 1997, at series number 97-0047026, City of Pittsburg,
County of Contra Costa, State of California, described as follows:
Lot 13 and Lot 14, Tract 4648, of the Subdivision Maps entitled "Windsor Apartments," filed for
record December 28, 1976, in Book 192 of Maps at pages 9, 10, and 11 in the Office of the
County Recorder of the County of Contra Costa, State of California.
PARCEL 8 - State Parcel # 57979 -Windsor Apts. Homeowners Assn. (Fee Title) -
APN 087-400-017
All of that parcel of land granted to Windsor Apartments Homeowner Association, a California
Corporation, recorded February 4, 1977, in Book 8191 of Official Records at page 574, City of
Pittsburg, County of Contra Costa, State of California, described as follows:
Lot Number 17, Subdivision 4648, filed December 28, 1976, in Book 192 of Maps, at pages 9 to
11 inclusive, Contra Costa County Records.
This real property description has been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
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State Parcel No. 57982
APPENDIX "A"
Land Description of a portion of land, as shown on the attached sketch, out of Rancho Los
Medanos, situate in the City of Pittsburg, Contra Costa County, California, and being a portion
of that certain Grant Deed conveyed to James J. Busby and Irvin Deutscher, a partnership,
recorded September 8, 1971 in Book 6472 at Page 399 Official Records of said County and
previously surveyed according to the Record of Survey Map 52 LSM 36 on file with the County
Surveyor's Office; Subject parcel being more particularly described as follows:
Parcel 9—State Parcel# 57982 Busby/Deutscher(Fee Acquisition)
Beginning at the northwest corner of the said Busby/Deutscher parcel, same corner being on the
south line of Frontage Road, as dedicated to the City of Pittsburg in Book 3142, at Page 340 of
said official records, same being the northeast corner of the Lands of the Benevolent and
Protective Order of Elks Lodge No. 1474 by deed recorded February 19, 1960 in Book 3560, at
Page 01 of said official records; Thence along the common line between said Lands of
Busby/Deutscher and Frontage Road, South 6711 41' 46" East, 26.991 meters to the beginning of
a curve to the right; Thence in a southerly direction 9.086 meters along the arc of said curve to
the right, having a radius of 6.096 meters and through a central angle of 85° 24' 00" to the end of
curve on the west line of Crestview Lane, a non-exclusive easement per Book 6016, at Page 414
of said official records; Thence along the west line of said Crestview Lane and the east line of
said Lands of Busby/Deutscher, South 17° 42' 14" West, 46.653 meters; Thence leaving said
common line and crossing through said Lands of Busby/Deutscher, for the following four (4)
courses: North 69° 55' 22" West, 2.893 meters to the beginning of a curve to the right, from
which the center bears North 43° 26' 11" East, in a northwesterly direction 11.821 meters along
the arc of said curve to the right, having a radius of 16.763 meters and through a central angle of
40° 24' 14" to the point of reverse curvature; continuing in a northwesterly direction 7.828
meters along the arc of said reverse curve to the left, having a radius of 7.620 meters and through
a central angle of 58° 51' 36", North 65° 01' 12" West, 15.693 meters more or less, to the point
of intersection with the west line of said Lands of Busby/Deutscher, same corner being on the
east line of said Lands of B.P.O.E. Lodge No.1474;
Continued on the next page
State Parcel No, 57982
APPENDIX "A"
Thence along the common line between said Lands of Busby/Deutscher and the Lands of
B.P.O.E. Lodge No.1474, North 170 42' 14" East, 39.992 meters to the Point. of Beginning,
hereof and containing 0.142 hectares of land area, more or less.
Parcel 10 —State Parcel#57982(T) Busby/Deutscher (Temporary Construction Easement)
A temporary easement to terminate on September 30, 2003, for highway construction purposes,
and incidents thereto, upon, over and across the following described parcel of land:
Beginning at the southwest corner the above described ±0.142 hectare parcel; Thence along the
south line of the 0.142 hectare parcel and crossing through the Lands of Busby/Deutscher for the
following eight (8) courses: South 65° 01' 12" East 15.693 meters to the beginning of a curve to
the right, and in a southeasterly direction 7.828 meters along the arc of the curve to the right,
having a radius of 7.620 meters and through a central angle of 58° 51' 36" to a point of reverse
curvature, continuing is a southeasterly direction 11.821 meters along the arc of the curve to the
left, having a radius of 16.763 meters and through a central angle of 40° 24' 13", and North 69°
55' 23" West, 11.968 meters, and South 20° 10' 00" West, 7.290 meters, and North 69° 49' 59"
West, 4.049 meters, and South 21° 53' 07" West, 6.765 meters, and North 72° 17' 09" West,
12.812 meters more or less, to the point of intersection with the west .line of said Lands of
Busby/Deutscher; Thence along the west line between said Lands of Busby/Deutscher and the
Lands of B.P.O.E. Lodge No.1474, North 17° 42' 14" East, 28.140 meters to the Point of
Beginning, hereof and containing 0.051 hectares of land area, more or less.
Bearings and distances used in the above description are based on the California Coordinate
System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level
distances. END OF DESCRIPTION
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State Parcel No.57983
APPENDIX "A"
Land Descriptions of portions of land, as shown on the attached sketch, out of Rancho Los
Medanos, situate in the City of Pittsburg, Contra Costa County, California, and being a portion
of that certain Grant Deed conveyed to James J. Busby& Irvin Deutscher, a partnership recorded
on March 31, 1970 in Book 6096 at Page 402 Official Records of said County and previously
surveyed according to the Record of Survey Map 52 LSM 36 on file with the County Surveyor's
Office; Subject parcel being more particularly described as follows:
Parcel 11 —State Parcel #57983 Crestview Lane(Fee Acquisition)
Beginning at the northwest corner of the above mentioned Busby/Deutscher parcel, same corner
being on the south line of Frontage Road, as dedicated to the City of Pittsburg in Book 3142, at
Page 340 of said official records, same being the northeast corner of the Lands of James J. Busby
& Irvin Deutscher, a partnership recorded on September 8, 1971 in Book 6472 at Page 399
Official Records of said County; Thence along the common line between said Lands of
Busby/Deutscher and Frontage Road, South 67° 41' 46" East, 30.577 meters to the beginning of
a curve to the left, from which the center bears South 22° 18' 14" West; Thence in a
southwesterly direction 10.064 meters along the arc of said curve to the left, having a radius of
6.096 meters and through a central angle of 940 36' 00" to the end of curve on the east line of
Crestview Lane, a non-exclusive easement per Book 6016, at Page 414 of said official records;
Thence along the east line of said Crestview Lane being the east line of the Lands of
Busby/Deutscher (6096 OR 402), South 17° 42' 14" West, 38.351 meters to the beginning of a
curve to the right, from which the center bears North 38° 18' 22" West; Thence leaving said
common line and crossing through said Lands of Busby/Deutscher (6096 OR 402) for the
following three (3) course, in a westerly direction 19.874 meters along the arc of said curve to
the right, having a radius of 16,763 meters and through a central angle of 670 55' 41", North 200
36' 37" East 1.142 meters, and North 69° 55' 22" West 0.985 meters to the point of intersection
with the west line of Crestview Lane said Lands of Busby/Deutscher (6096 OR 402), same
corner being on the east line of said Lands of Busby/Deutscher (6472 OR 399); Thence along
the common line between said Lands of Busby/Deutscher and Crestview Lane, North 17° 42'
14"East, 46.653 meters to the beginning of a tangent curve to the left;
Continued on the next page
Thence in a northwesterly direction 9.086 meters along the arc of said curve to the left, having a
radius of 6,096 meters and through a central angle of 85° 24' 00" to the Point of Beginning,
hereof and containing 0.095 Hectares of land area, more or less.
Parcel 12— State Parcel # 57983 (T) Crestview Lane (Temporary Construction Easement)
A temporary easement to terminate on September 30, 2003, for highway construction
purposes, and incidents thereto, upon, over and across the following described parcel of land:
Beginning at the southeast corner of the above described 0.095 hectare parcel; Thence
continuing along the east line of Crestview Lane, South 17° 42' 14" West, 16.991 meters;
Thence leaving the east line of Crestview Lane, North 72° 16' 55" West, 18.287 meters to the
point of intersection with the west line of Crestview lane and the common line of the said
Land(s) of Busby[Deutscher; Thence along the common line between Crestview Lane and the
Lands of Busby/Deutscher, North 17° 42' 14" East, 11.137 meters to the southwest corner of the
above described 0.095 hectare parcel; Thence leaving the aforesaid common line and across
Crestview Lane for the following three (3) courses: South 690 55' 22" East 0.985 meters, South
20° 36' 37" West 1.142 meters to the beginning of a curve to the left, from which the center
bears North 290 37' 19" East, and in a northeasterly direction 19.874 meters along the arc of
said curve to the left, having a radius of 16.763 meters and through a central angle of 67° 55' 41"
to the Point of Beginning, hereof and containing 0.020 Hectares of land area, more or less.
Bearings and distances used in the above description are based on the California Coordinate
System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level
distances.
END OF DESCRIPTION
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