HomeMy WebLinkAboutMINUTES - 05261987 - 2.1 1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2
3 Condemnation of Property ) RESOLUTION OF NECESSITY
for Redevelopment Purposes , ) NO. RA 87- 15 -----
4 Contra Costa County )
Redevelopment Agency ) (C.C.P. Sec. 1245 . 230 )
5 Walnut Creek Area ) and H.&S. Code Section
Project No . 7891-6X5597 ) 33391 )
6 )
7 The Contra Costa County Redevelopment Agency by vote of two-
8 thirds or more of the commissioners , RESOLVES that :
9 Pursuant to Health & Safety Code Section 33391 the Contra
10 Costa County Redevelopment Agency intends to acquire interests in
11 certain real property for redevelopment purposes , a public
12 improvement , within the Pleasant Hill BARTD station Redevelopment
13 area .
14 The property to be acquired consists of 4 parcels and is
15 generally located in the Pleasant Hill BARTD Station area.
16 Said property is more particularly described in Appendix "A" ,
17 attached hereto and incorporated herein by this reference.
18 On April 219 1987 , this Board passed a Resolution of Intention
19 to Adopt a Resolution of Necessity for the acquisition by eminent
20 domain of the property described in Appendix "A" (Resolution No.
21 RA 87-11 ) and fixing May 12 , 1987 , at 10 : 30 a.m. in its Chambers
22 in the Administration Building, 651 Pine Street , Martinez,
23 California , as the time and place for the hearing thereon. On May
24 12 , 1987 , said hearing was continued to May 26 , 1987; at the same
25 time and place.
26 The hearing was held at that time and place , and all
27 interested parties were given an opportunity to be heard and based
28 upon the evidence presented to it , this Board finds , determines
RESOLUTION NO. SRA 87_15_
1 and hereby declares the following:
2 1 . The public interest and necessity require the proposed
3 project : and
4 2 . The proposed project is planned and located in the manner
5 which will be most compatible with the greatest public good and
6 the least private injury; and
7 3 . The property described herein is necessary for the pro-
8 posed project ; and
9 4. The offer required by Section 7267 . 2 of the Government
10 Code was made to the owner or owners of record.
11 The County Counsel . of this County, acting on behalf of the
12 Agency and any special counsel associated by him, are hereby
13 AUTHORIZED and EMPOWERED:
14 To acquire in the Agency ' s name , by condemnation , the title,
15 hereinafter described in and to said real property or interests
16 therein , in accordance with the provisions for eminent domain in
17 the Code of Civil Procedure and the Constitution . of California:
18 Parcel 1 and 2 are to be acquired in fee , Parcels 1A and 2A are
19 temporary construction easements .
20 To prepare and prosecute in the Agency' s name such proceedings
21 in the proper court as are necessary for such acquisition; and
22 To deposit the probable amount of compensation, based on an
23 appraisal , and to apply to said court for an order permitting the
24 Agency to take immediate possession and use said real property
25 for said public uses and purposes .
26
27
28
-2-
1 PASSED and ADOPTED on May 26 , 1987 , by the following
2 vote :
3 AYES : Supervisors Powers , Fanden, Schroder, Torlakson f, McPeak
4 NOES : None
5 ABSENT: None
6
7 1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
8 Redevelopment Agency on the date shown.
ATTESTED:
PHIL BATCHELOR,Agency Sacre
9tary
10 BY Deputy
11
12
13
14 cc: Public Works Department
Real Property Division
15 Auditor-Controller
County Counsel (Certified Copy)
16
17 SLA/jh
18
19
20
21
22
23
24
25
26
27
28
-3-
min
ArvendiX "A"
Parcel 1 - fee (O'Brien)
ALL THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
GEORGE H. AND OPAL E. MUELLER BY DEED DATED MARCH 31, 1978 AND
RECORDED IN BOOK 8772 OF OFFICIAL - RECORDS AT PAGE 325 IN THE
OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND BEING
A PORTION OF THE RANCHO LAS JUNTAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERN CORNER OF THAT CERTAIN PARCEL
OF LAND CONVEYED TO THE COUNTY OF CONTRA COSTA AS DESCRIBED
IN THAT CERTAIN DEED RECORDED IN BOOK 9866 OF OFFICIAL RECORDS
AT PAGE 9:9 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE FROM
SAID POINT OF BEGINNING (THE BEARINGS OF THIS DESCRIPTION BEING
REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE III ) ALONG
THE NORTHERN LINE OF SAID CERTAIN PARCEL OF LAND (9866 O.R.
949 ) NORTH 880 40 ' 26" WEST 136 . 01 FEET TO THE WESTERN CORNER
OF SAID PARCEL OF LAND ( 9866 O:R. 949 ) ; THENCE LEAVING SAID
WESTERN CORNER ALONG THE NORTHERN LINE OF THAT CERTAIN PARCEL
OF LAND CONVEYED TO THE COUNTY OF CONTRA COSTA BY DEED DATED
NOVEMBER 31 1978 AND RECORDED IN BOOK 9090 OF OFFICIAL RECORDS
AT PAGE 900 IN SAID OFFICE OF THE COUNTY RECORDER ALONG THE
ARC OF A 20 .00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 670 27 ' 21" AN ARC DISTANCE OF 23 . 55 FEET; THENCE LEAVING
SAID NORTHERN LINE SOUTH 88° 38 ' 54 " EAST 156. 05 FEET TO THE
WESTERN LINE OF THAT CERTAIN PARCEL OF LAND. CONVEYED TO EFFIE
LAB. WILSON AS DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK
1270 OF OFFICIAL RECORDS AT PAGE 213 IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG SAID WESTERN LINE SOUTH 080 37 ' 37" WEST
12 . 36 FEET TO THE POINT OF BEGINNING AND CONTAINING 1846 SQUARE
FEET OF LAND MORE OR LESS.
Parcel 1A - Temporary Construction Easement (O'Brien)
A temporary construction easement to expire 7/1/88 or completion of project
construction, whichever comes first, described as follows: A strip of land
5 feet in width, the southerly line of which is the northerly line of
hereinabove described Parcel 1; together with that portion of the real
property described in the deed to James R. O'Brien, et al, recorded 12/20/86
in Book 13353 at Page 214, Official Records of Contra Costa County,
described as follows: that portion lying westerly of the easterly 75 feet
of said property (13353 or 214) .
1 of 2
Parcel 2 - fee (Ryder Homes)
ALL THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
RYDER FAMILY PARTNERSHIP BY DEED DATED OCTOBER 25, 1985 AND
RECORDED IN BOOK 12580 OF OFFICIAL RECORDS AT PAGE S70 IN THE
OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND BEING
A PORTION OF THE RANCHO LAS JUNTAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERN CORNER OF SAID PARCEL (12580
O.R. 570 ) ; THENCE FROM SAID POINT OF'.'BEGINNING ALONG .THE SOUTHERN
AND WESTERN LINES OF SAID PARCEL . OF LAND THE FOLLOWING THREE
(3 ) COURSES : 1 ) NORTH 890 33 ' 53" WEST 42 .69 FEET 2) NORTH 880
40 ' 26" WEST 102 .11 FEET 3 ) NORTH 08° 37 ' 37" EAST 12.36 FEET;
THENCE LEAVING SAID WESTERN LINE SOUTH 88° 38' 54" EAST 97 .05
FEET; THENCE ALONG THE ARC OF A 15 . 00 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 56° 20 ' 36" " AN ARC DISTANCE
OF 14 .75 FLET; THENCE SOUTH 54° 59 ' 30" EAST 10:00 ' ; THENCE
ALONG THE ARC .OF A NON-TANGENT 25 . 00 FOOT RADIUS CURVE TO THE
LEFT THE CE:I'1'ER OF WHICH BEARS NORTH 54° 59 ' 30" WEST THROUGH
A CENTRAL ANGLE OF 260 20 ' 28" AN ARC DISTANCE OF 11.49 FEET;
THENCE NORTH 89" 33 ' 53" EAST 24 . 42 FEET TO THE EASTERN LINE
OF SAID PARCEL OF LAND (12580 O.R. 570 ) ; THENCE ALONG SAID EASTERN
LINE SOUTH 08 ' 37 ' 37" WEST 23 . 94 FRET TO THE POINT OF BEGINNING
AND CONTAINING 21118 SQUARE FEET OF LAND MORE OR LESS.
Parcel 2A - Temporary Construction Fent (Ryder Homes)
A temporary construction easement to expire 7-1-88 or completion of project
construction, whichever comes first, described as follows: A strip of lam
5 feet in width, the southerly line of Which is the northerly line of the
hereinabove described Parcel 2.
RHF:pg
toe.t3
2 of 2