HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-381 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNT'', CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 State Route 4 East, Railroad ) No. 2002/381
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 &z Highways Code section 943,
10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation
11 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 seven (7) 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 May 31, 2002, 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 June 18, 2002, at 9:30 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:
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28 RESOLUTION NO. 2002/381 1
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I 1. The public interest and necessity require the proposed project; and
2 2. The proposed project is planned and located in the manner which will be most
3 compatible with the greatest public good and the least private injury; and
4 3. The property described herein is necessary for the proposed project; and
5 4. The offer required by section 7267.2 of the Government Code was made to the owner
6 or owners of record; and
7 5. That insofar as any of the property described in this resolution has heretofore.been
8 dedicated to the public use for public purposes, the acquisition and use of such
9 property by Contra Costa County for highway purposes is for a more necessary public
10 use than the use to which the property has already been appropriated or a compatible
11 public use. This determination and fording is made and this resolution is adopted
12 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
13 6. On March 27, 2001, this Board approved the proposed project and adopted the
14 Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
15 project that was published on January 23, 2001.
16 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED.
17 To acquire in the County's name, by condemnation, the titles, easements and rights of way
18 hereinafter described in and to said real property or interest(s) therein, in accordance with the
19 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
20 Parcels 1 through 7, inclusive, are to be acquired in fee title.
21 To prepare and prosecute in the County's name such proceedings in the proper court as are
22 necessary for such acquisition;
23 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
24 court for an order permitting the County to take immediate possession and use said real property for
25 said public uses and purposes.
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28 RESOLUTION NO. 2002/381 2
1 PASSED and ADOPTED on June 18, 2002,by the following vote:
2 AYES'. SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOI
3 NOES: NONE
4 ABSENT: NONE
5 ABSTAIN: NONE
6
7 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
10
11
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15 Orig. Dept: Public Works Department(R/P)
Contact: Karen A. Laws (313-2228)
16 Auditor-Controller
County Counsel(Certified Copy)
17
18
19 P hereby certify that this is a true and correct
20 copy of ai action taken and entered on the
minut8s of the B and of Supervisors on the
date shown.
21 ATTi STED:��i 10
22 JOHN SWEETEN, Cie of the Board
of S4perv1sors and Qounty Administrator
23 By -Deputy
24
25
26 LNcLFat\coNT?Evlmw4res-nmPd
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28 RESOLUTION NO. 2002/381 3
04-CC-d"-313
APPENDIX "A" PARCEL 57.993
Rose Clark Winter
APN 088-171-022
Rase Clark tinter 57913
Being a portion of that certain parcel, situated in the City of Pittsburg, Contra Costa County,
California, described in the Grand Deed to Rose Clarke Winter as Trustee of the Winter Trust
recorded March 19, 1997, in Document No. 97-0043999-00, Official Records of said County,
same parcel being a portion of Lot 1,Block I of Official Map of Camp Stoneman, filed lune 28,
1966, Map Book 111, Page 36 Official Records of said County; Subject parcel being.more
particularly described as follows:
Parcel 1 (57993-1) Fee:
Beginning at the northeast corner of said Lands of Winter, same corner being the northwest
comer of that certain parcel described in that Individual Grand Deed to Gregory N. Tcherkoyan
and Seta Tcherkoyan,his wife as joint tenants, recorded July 2, 1982, as Series No. 82 73962,
Official Records of said County;same parcel being a,portion of Lot 1,Block 1 of said Official
Map of Camp Stoneman; Thence along the common line between said Winter parcel and said
Tcherkoyan parcel, South 17"42' 14"Nest, 55,575 meters,to the point of intersection with the
proposed.!tight of Way Line of Interstate Highway Route 4; Thence across said Winter parcel
in westerly direction for the following six (6) courses:North 72°06' 12" West, 28.256 meters;
Thence North 74°36' 55"West,29,315 meters; Thence North 76120' 28"'West,21.729
meters,to the beginning of a curve to the left from which a center bears South 18°23'40"West;
Thence along the are of said curve to the left in westerly direction 2.791 meters,having a radius
of 1.790 meters and through a central angle of 89°20'2(Y';Thence South 15° 30' 37"west--
14.721 meters; Thence .North 72°38' 19"West-5.237 meters, to the point of intersection with
the existing east Right of Way line ofRailroad Avenue;Thence along the common line between
the Winter parcel and the east Right of Way line ofRailroad Avenue North 170 41' 55"East„
41.741 meters, to a 6x6 concrete monument,found and accepted as the point of intersection of
- said common line with the existing south Right of Way Line of Route 4,same point being the
} beginning of a curve to the right from which a center bears South 720 18, 05"East; 1
Thence along the common line between the Winter parcel and the south right of way line of
.Route 4, along the arc of curve to the right in northeasterly direction 38.994 meters, having a
radius of 30.478 meters and through a central angle of 73° 18' 21"to another 6x6 concrete
monument,found and accepted as the end of said curve; Thence along said common line South
Page 1 of 8
fi 4
760 09137"East, 55.6't, .ieters to a 6x6 concrete monument, faun id accepted as an angle
point in said common line; Thence South 720 17' 46"East--8.439 meters to,the.Point of
>:Beginning.
Containing 4562.+6 square.meters 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.
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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Scott A.Shortlidge bate
Licensed Land Surveyor Exp` �
California No. 6441 #2 6 441
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Page 2 of 8
APPENDIX "A" 04-CC- 4 RP-373
PARCEL 57995
Tcherkoyan
APN 088-171-027
Tcherkoyan 57995
Being a portion of that certain parcel, situated in the City of Pittsburg, Contra Costa, County, California, described
in that Individual Grant Deed to Gregory N.Tcherkoyan and Seta Tcherkoyan, his wife as joint tenants, recorded
July 2, 1982,as Series No. 82 73962, Official Records of said County;same parcel being a portion of Lot 1,Block
1 cif said Official Map of Camp Stoneman filed June 28, 1966, Map Book 111, Page 36 Official Records of said
C6mty; Subject parcel being more particularly described as follows.
PArcel 2 (57995-1} Fee:
BIginnirng at the northeast comer of the Tcherkoyan parcel,.same comer being the northwest corner of that certain
piircei described in the Grant Deed to Richard Steve Narz, recorded on February 1 1994 in Series No. 94 029778
Oficial records of said County; Thence along the common line between the Narez and Tcherkoyan parcels,South
17° 42' 14" West, 56.594 meters; Thence crossing through the Tcherkoyan parcel for the following three (3)
courses.North 68°42'27"West, 1.938 meters, and North 710 03'23"West,39.835 meters, and North 72106' 12"
West, 10.662 meters to the point of intersection with the common line between the Tcherkoyan parcel and that
c4tain parcel,described in the Grant Deed to Rose Clarke Winter as Trustee of the Winter Trust, recorded March
19, 1997, in Document No. 97-0043999-00,-Official Records of said County; Thence along the common line
between the Tcherkoyan and Winter parcels,North 17°42' 14"East, 55.575 meters to the common north corner of
said parcels; Thence along the north line of the Tcherkoyan parcel, South 721.17' 46" East, 52.422 meters to the
t
P.bint of Beginning.
gontaining 2934.0 square meters of land area,more or less.
r .
.Pbariugs and distances used in the above description are based on the California Coordinate System of 1983,Zone
3i Multiply distances shown by 1.00100639 to obtain ground level distances.
ibis real property description has bccn prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act.
NO
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Cott A.Shordidge Date `
Licensed Land Surveyor d►}� R° 6441
Califimiia Nes.6441
3
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Page 3 of 8
04-CC-4 YAP-37.3
APPENDIX "A" PARCEL 57997
Narez
APN 088-171-026
Narez 57997
Being a portion of that certain parcel,situate in the City of Pittsburg, Contra Costa County, California, described
in the Grant Deed to Richard Steve Narez, recorded on February 1, 1994 in Series No. 94 029778 Official
records of said County,same parcel being a portion of Lot 2,Block I of the Official Map of Crump Stoneman,.
filed June 28, 1956, Map Book 111, Page 36 Official Records of said County; Subject parcel being more
particularly described as follows;
parcel..._3 X57997;4) Fee:
Beginning at the northeast corner of said Narez parcel, same corner being the northwest corner of that certain
parcel described in'the Grant Deed to American Auto Building Partnership, recorded December 21, 1993 in
Series No. 93-363854, Official Records of said County; Thence along the common tine between the Narez and
American Auto parcels,South 17°42' 14"West, 59.921 meters; Thence crossing through the Narez parcel for
the following three (3) courses, North 510 33' 46"West, 5.108 meters, and'North fit° 41' 35" West, 49.352
meters,and North 68®42`27"West,29.724 meters to the point of intersection with the common line between
the Narez parcel and that certain parcel'of land described in an Individual Grant Deed to Gregory N. Tchorkoyan
and Seta Tcherkoyan,recorded July 2, 1982,as Series No. 82-73962,Official Records of said County; Thence
along the corn mon line between the Narez and Tcherkoyan parcels, North 17° 42' 14"East, 56.594 meters to
the common north corner of said parcels; Thence along the north Iine of the Narez parcel, South 72° 17' 46"
Fast, 83.803 meters to the point of Beginning.
Containing 4865.3 square meters 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.
This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
S H O� �}
Scott A.Shordidge Date Exp. `
Licensed Land Surveyor
California No. 6441 `Tq NO 6441
OF CA
Page 4 of 8
04-CC- 4 ICP-37.3
APPENDIX "A" PARCEL 57998
American Auto BuiYa
Partnership
American Auto Building Partnership 57998 APN 088-171-029
i
Being a portion of that certain parcel of land described in that Grant Deed to American Auto Building
Partnership, recorded December 21, 1993 in Series No. 93 363854, Official Records of Contra. Costa County,
California, same parcel being a portion of Parcel "B"of Subdivision PMS 79-03,recorded November 15, 1979
in Book 82 of Parcel Maps,at Page 39,Official Records of said County; Subject parcel being more particularly
described ks follows:
Parcel, 4__(57998-1) Fee
Beginning at the northeast corner of said American Auto parcel,same corner being the northwest corner of that
certain parcel, described in that Quitclaim Deed to Mario J.Hernandez, recorded December 29, 1989 in Series
No. 89 264501, Official Records of said County; Thence along the common line between the American Auto
and Hernandez parcels, South 170 42' I4"West, 60.366 meters; Thence crossing through the American Auto
parcel for the following two (2)courses,North 761 14' 55"West, 24.839 meters, and North 51° 33' 46"West,
6.093 meters to the point of intersection with the common line between the American Auto parcel and that
dertain parcel of land described in a Grant Deed to Richard Steve Narez, recorded on February 1 1994 in Series
No. 94 029778 Official records of said County; Thence along the common line between the American Auto
and the Narez parcels, North 17°42' 14"Bast, 59.921 meters to the common north corner of the said parcels;
Thence along the north line of the American Auto parcel, South 72° 17' 46"East, 30.478 meters to the Point of
Beginning. j
Containing 1864.7 square meters 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.gronnd level distances.
This real property description has.been prepared by me, or under my direction,in conformance with the
Professional Land Surveyors Act.
4e,>Z. r"
d
Scott A. Shortlidge Date
Licensed Land Surveyor 441 ��
California No. 6441 Of CAF��
Page 5of8
04-CC- 4 "-37.3
A�C3C�{D'V "All 57999
• /'1 /•'G Jl Her11817d8Z
APN 088-171-024
Hernandez 57999
Be4 a portion of that certain parcel of land described in a Quitclaim Deed to Mario J. Hernandez, recorded
Deeeember 29, 1989 in Series No. 89 264501, Official Records of Contra Costa County, California, same parcel
being a portion of Parcel"A",as designated on the Parcel Map filed January 16, 1980,Boole 83 of Parcel Maps, at
Page 44,Oficial Records of said County; Subject parcel being more particularly described as follows:
Pakcel 5 (57999-1) Fees
Beginning at the northeast comer of said Hernandez parcel,same corner being the northwest comer of that certain
parjcel of land described in the Individual Grant Deed to San Francisco Bay Area Rapid Transit District(B.A..R.T.),
recgrded February 7, 1997 in Series No. 97-021334, Official Records of said County; Thence along the common
line betwoon the Hernandez and BART parcels, South 170 42' 14"Nest, 57.245 meters, 'Thence crossing through
the,Hernandez parcel for the following two(2)courses,North 790 42'37"West—23.736 meters,and North 76° 14'
55"West, 3.970 meters to the point of interscW nx with the common line between the Hernandez parcel and that
certain parcel of land described in a Chant Deed to American Auto Building Partnership, recorded December 21,
1993 in Series No. 93-363854, Official Records of said County; Thence along the common line between the
American Auto and Hernandez parcels, North 170 42' 14'"East, 60.366 meters to the common north corner of said•
parcels; Thence along the north line of the Hernandez parcel for the following two(2) courses: South 72° 17'46"
East, 19.923 meters and South 740 35' 12"Fast, 10.576 meters to the Point ofBeginning.
Cgtutaining 1793.8 square meters 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 1.4000639 to obtain ground level distances.
This real property description has boon prepared by me,or under my direction,in conformance with the
Professional I-and Surveyors Act.
k AN 0 sG'
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OOZ
Scott A.Shortlidge Date
Licensed Land Surveyor ,d+}, M° 6441
Califomia'No.6441 OF CA�a�
Page 6 of8
i
04-CC-4 KP-37.6
APPENDIX "A„ PARCEL 58(W
Security Public Stc
APN 088-250-048
Security Public.St2oge 58003
Being a portion of the property described in the Grant Beed to Security Public Storage-c=orded November 9, 1995 as
Instrument No.95 195861 in the Official Records of Contra Costa County, same parccl being portions of Parcel B as
created by Parcel Map 7608 filed December 15, 1976 in Book 50 of Maps,at Page 48 on fele in the Official Records of
said County, and being more particularly described as follows:
Parcel 6 (58003-1) Fee:
Beginning at the northwest corner of the Security Public Storage parcel; Thence along the north line of the Security
Public Storage parcel, South 72° 17' 46"East, 13I.430 meters to the northerly common corner between tho Security
Public Storage Parcel and the parcel owned by Bishop-Wise carver, Corp., a corporation per that certain Chant Decd
recorded December 20, 1968 in Book 5775 Page 381 in the said Official Records; Thence along the common line
between the Public Security and the Bishop-Wisecarver parcels, South 17° 42' 14" West, 39.390 meters; Thence
leaving the said common line and crossing through said Public Security parcel,North 72°27'08"West, 131.443 ureters
to the point of intersection with the common line between the Security Public Storage parcel and that certain parcel of
land described in a Grant Deed to West, Clark & Gardiner Partnership, recorded December 14, 1983 in Book 11570,
Page 804 in said Official Records; Thence along the common line between the Security Public Storage and the West,
Clark&Gardiner Partnership parcels, Nath 17°43' 18"East,39.748 meters to the Point of Beginning.
Containing 5200.8 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee
any arzd all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway.
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.
This real property description has been prepared by me,or under my direction,in conformance with the Professional
eyors Act.
SHO
v®
Scott A.Shortlidge Date ,Ex
Licensed Land Surveyor
California No.6441 tp Nf 6441
DF CA 13f
Page 7of8
' APPENDIX "A" 04-CC--410-38.4
PARCEL 58004
Bishop-iWisecarver
,Bisho -Wisecarver 58004 APN 088-250-028
Being a portion of the property described in the Grant Teed to Bishop-Wisecarver Corporation recorded December 20,
1968 in Boob 5775,Page 381 in the Official Records of Contra Costa County, some parcel being portions of Parcel A as
created by Parcel May filed December 3, 1968 in Book 6 of Maps, at Page 24-on file in the Official Records of said
County, and being more particularly described as follows:
Parcel 7 (58004.1) Fee:
Beginning at the northwest corner of the Bishop-wsecarver parcel; Thence along the north line of the Bishop-
Mi 3ecarvear parcel, South 72° 17' 46" East, 130.617 meters to the northerly common comer between the Bishop-
Wiseearver Parcel and that certain parcel of land described in a Grant Deed to Stephen C. Henderson, Trustee of the
Stephen C. Henderson Fancily Trust,recorded October 5, 1999 as Document No. 1999-0263974-00 in the said Official
Rords; Thence along the common line between the Bishop-Wisecarver parcel and the Stephen C. Henderson parcel,
South 170 42' 14"West, 43.764 meters; Thence leaving the said common line and crossing through said Bishop-
Wisecarver parcel;North 72° 51' 39"Wast, 130.623 meters to the point of intersection with the common line between
the Bishop-NN'Isecarver parcel and that certain parcel of land dosczibed in a Grant Deed to Security Public Storage,
recorded November 9, 1993 as lmtrumcnt No. 95 195861 of said Official records; Thence along the common line
between the Bishop-Wisecarver-parcel and the Security Public Storage parcel,North 17°42' 14"East,45.051 meters to
the Point of Beginning!
Containing 5800.3 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee
any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said ficcway.
Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3.
Multiply distances shown by 1.0040639 to obtain ground level distances.
description has been prepared by me,or under nay direction,in conformance with the Professional.
land Survey s Act
l LAN a �
...,G` .��►` S NOR
<,oASh Date v +''
Ucc ised Land Surveyor ' rpt
California No.6441 E*
QF t:a F�
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