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HomeMy WebLinkAboutMINUTES - 05141985 - T.7 7 j THE BOARD OF SUPERVISORS 2 CONTRA COSTA COUNTY, CALIFORNIA 3 Re: Condemnation of Property ) RFSOLUTION OF NECESSITY-- for Public Road Purposes, ) 4 Subdivision 6200, State ) No. 85/253' Highway 4 Brentwood Area ) (C.C.P. Sec. 1245.230) 5 ) 6 The Board of 'Supervisors of Contra Costa County, 7 California, by vote of two-thirds or more of its members, 8 RESOLVES that: 9 Pursuant to Government Code Section 25350. 5 and Streets 10 & Highways Code Section 760, a road reconstruction project, 11 a public improvement, to widen State Highway 4 , in the 12 Brentwood area is needed, and, in connection therewith, it is 13 necessary that Contra Costa County acquire interests in certain 14 real property. 15 The property to be acquired consists of 1,155 square feet 16 of land and is generally located in the Brentwood area south 17 of the City limits. The said property is more particularly 18 described in Appendix "A" , attached hereto and incorporated 19 herein by this reference. 20 On April 23, 1985, this Board passed a resolution of 21 intention to adopt a resolution of necessity for the acquisition 22 by eminent domain of the property described in Appendix "A". 23 (Resolution *Io. 85/193) and fixing May 14, 1985 at 10:30 a.m. , 24 in its Chambers in the Administration Building, 651 Pine 25 Street, Martinez, California, as the time and place for the( \l 26 hearing thereon. 27 The hearing was held at that time and place, and all 28 interested parties were given an opportunity to be heard and r I based upon the evidence presented to it, this Board finds, 2 determines and hereby declares the following: 3 1. The public interest and necessity require the proposed 4 project; and 5 2. The proposed project is planned and located in the 6 manner which will be most compatible with the greatest 7 public good and the least private injury; and 8 3. The property described herein is necessary for the 9 proposed project; and 10 4. The offer required by Section 7267.2 of the Government 11 Code was made to the owner or owners of record. 12 The County Counsel of this County, and any special counsel 13 associated by him, are hereby AUTHORIZED and EMPOWERED. 14 To acquire in the County' s name, by condemnation, the titles, 15 easements and rights of way hereinafter described in and to 16 said real property or interest (s) therein, in accordance with 17 the provisions for eminent domain in the Code of Civil Procedure 18 and the Constitution of California: 19 To prepare and prosecute in the County's name such proceeding 20 in the proper court as are necessary for such acquisition: 21 To deposit the probable amount of compensation, based on 22 an appraisal, and to apply to said court for an order permitting 23 the County to take immediate possession and use said real property 24 for said public uses and purposes. 25 The Board hereby APPROVES, and the Chairwoman of the Board 26 is hereby AUTHORIZED to sign an Agreement with the City of 27 Brentwood, providing for the City to pay all costs incurred by 28 the County in these proceedings. -2- 1 PASSED and ADOPTED on May 14 , 1985 by the following vote: 2 AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden 3 NOES: None 4 ABSENT: None 5 I HEREBY CERTIFY that the foregoing resolution was duly 6 and regularly introduced, passed and adopted by the vote of 7 two-thirds or more of the Board of Supervisors of Contra Costa 8 County, California, at a meeting of said Board on the date 9 indicated. 10 Date: Phil Batchelor, Clerk -of the Board 11 of Supervisors, , jcl-"County Administrator -.:' 12 13 By: ` J Deputy ; 14 15 cc: Public Works Department Real Property Division 16 Auditor-Controller County Counsel (Certified Copy) 17 City of Brentwood (Certified Copy) 18 19 20 21 22 23 24 25 26 27 28 -3- Subdivision 6200 Lai rd APPENDIX "A" A parcel of land in the City of Brentwood, County of Contra Costa, State of California, described as follows: Commencing at the northwest corner of Parcel "A" as shown on that Parcel Map recorded November 2, 1967 in Book 1 of Parcel Maps at page 47, Official Records of Contra Costa County; thence along the northline projected of Parcel "A", North 890 27' 45" West (the bearings of this description are based on the California Coordinate System, Zone III) to the east line of California State Highway Route 4; thence along said east line, North 10 20' 15" East, 50.00 feet to the true point of beginning, being the northwest corner of the parcel of land described in the deed to Alfred Alves, recorded July 7, 1933, Book 338 Official Records, page 464; thence from the true . point of beginning, along said east highway line, North 10 20' 15" East, 108.29 feet; 'thence leaving said line, South 880 39' 45" East, 5.73 feet; thence South 20 39' 04" East, 82.00 feet to a tangent curve with a radius of -30.00 feet; thence southerly and easterly along said curve, through a central angle of 650 46' 1911, 34.44 feet to a point on the north line of the aforementioned Alves parcel ; thence along said northline, North 890 27' 45' West, 30.00 feet to the true point of beginning. Containing an area of 1,155 square feet, more or less. PBG:AppA.t4