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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2
Condemnation of Property )
3 For Road Purposes )
Neroly Road Widening Project ) RESOLUTION OF NECESSITY
4 Oakley Area ) NO. 89/408
5 ) (Code of Civ. Proc. S 1245 . 230)
6 The Board of Supervisors of Contra Costa County,
7 California by vote of two-thirds or more of its members, RESOLVES
8 that:
9 Pursuant to Government Code section 25350. 5 and Streets
10 and Highways Code section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement to
12 widen Neroly Road in the Oakley Area, and in connection
13 therewith, acquire interests in certain real property.
14 The property to be acquired consists of eight (8)
15 parcels and is generally located in the Oakley area. The said
16 property is more particularly described in Appendix "A" , attached
17 hereto and incorporated herein by reference.
18 On June 8, 1989, notice of the County's intention to
19 adopt a resolution of necessity for the acquisition by eminent
20 domain of the property described in Appendix "A" was sent to
21 persons whose names appear on the last equalized County
22 Assessment Roll as the owners of said property. The notice
23 specified June 20, 1989 at 11:00 a.m. in the Board of Supervisors
24 Chambers in the Administration Building, 651 Pine Street,
25 Martinez, California, as the time and place for the hearing
26 thereon.
27 The hearing was held at that time and place, and all
28 interested parties were given an opportunity to be heard and
RESOLUTION NO. 89/408
1 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
4 proposed project; and
5 2. The proposed project is planned and located in the
6 manner which will be most compatible with the greatest public
7 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
11 Government Code was made to the owner or owners of record.
12 The County's counsel is hereby AUTHORIZED and
13 EMPOWERED:
14 To acquire in the name of Contra Costa County, by
15 condemnation, the titles, easements and rights of way as set
16 forth in Appendix "A" , in and to said real property or interests
17 therein, in accordance with the provisions of eminent domain in
18 the Code of Civil Procedure and the Constitution of California:
19 Parcels 1, 2, 3, 4,and 5 are to be acquired in fee title and
20 Parcels 1T, 2T and 5T are to be acquired as temporary easements.
21 To prepare and prosecute in the County's name such
22 proceedings in the proper court as are necessary for such
23 acquisition.
24 To deposit the probable amount of compensation, based
25 on an appraisal, and to apply to said court for an order
26 permitting the County to take possession and use said real
27 property for said public uses and purposes .
28
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1 PASSED and ADOPTED on June 20, 1989, by the following
2 vote:
3 AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson
4 NOES: None
5 ABSENT: None
6 ABSTAIN: None
7
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of the Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: June 20, 1989
14 Phil Batchelor, Clerk of the
15 Board of Supervisors and
County Administrator
16
17 By: 49yma t
18 Deputy
19 cc: Public Works Department
20 Real Property Division
Auditor-Controller
21 County Counsel (certified copy)
County Administrator
22
23
24
25
26
27
28
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Neroly Road
ApH3C "A"
PARCEL 1 (KLEIId - FEE)
A portion of that parcel of land described in the deed to Donald R. Klein,
et ux, recorded November 10, 1987 in Book 14010 at page 242, Official
Records of Contra Costa County, California, described as follows:
Ctumencing at the northwesterly corner of said Klein parcel (14010 O.R. 242)
as said parcel is shown as Parcel A on the Record of Survey filed August 24,
1978 in Book 64 of Licensed Surveyor's Maps at page 50, Records of said
County; thence from said Point of Coamenoement, along the westerly line of
said Klein parcel (14010 O.R. 242) also being the easterly right of way line
of Neroly Road, south 00 25' 16" east (record south 00 25' 59" east) 49.55
feet to the Point of Beginning; thence from said Point of Beginning,
continuing along the westerly line of said Klein parcel, south 10 32' 09"
west 214.74 feet to the southwesterly corner of said Klein parcel (14010
O.R. 242) ; thence along the southerly line of said Klein parcel, south 890
50' 44" east 7.33 feet; thence leaving said southerly line, north 00 25' 16"
west 214.68 feet to the Point of Beginning.
Containing an area of 786 square feet of land, more or less.
PALL 1T (KLM - TDWMU�Y FASEHEff) A T94PORARY CONSTlSJCITON EASMW
TO EIRE DECEMBER 31, 1990
Beginning at the said northwesterly corner of said Klein parcel (14010 O.R.
242) ; thence from said Point of Beginning, along the westerly line of said
Klein parcel, also being the easterly right of way line of Neroly Road,
south 00 25' 16" east 49.55 feet; thence, leaving said westerly line (14010
O.R. 242) along the easterly line of PARCEL, 1 described above, south 00 25'
16" east 214.68 feet to a point on the southerly line of said Klein parcel
(14010 O.R. 242) ; thence, along said southerly line, south 890 50' 44" east
10.00 feet; thence, leaving said southerly line, north 20 35' 13" west
264.52 feet to the Point of Beginning.
Containing an area of 1,321 square feet of land, more or less.
Bearings based on the California Coordinate System Zone III (C.C.S. 27) .
PARCEL 2 (J EPARMff2U OF VELEPM AFFAIRS AND SIQ - FEE)
A portion of that parcel of land described in the deed from William
Sickenberger, et ux, to Deparbne nt of Veterans Affairs of the State of
California recorded March 5, 1969 in Book 5825 at page 265, Official Records
of Contra Costa County, California, described as follows:
Beginning at the northwesterly corner of said parcel (5825 O.R. 265) as said
parcel . is shown as Parcel A on the map of Subdivision MS 204-65 filed
October 20, 1965 in Book 37 of Licensed Surveyor's Maps at page 50, Records
of said County; thence from said Point of Beginning along the northerly line
of said Parcel A (37 L.S.M. 50) south 890 50' 44" east (record north 890 25'
30" east) 26.84 feet; thence leaving said northerly line, south 00 25' 16"
east 6.42 feet; thence southerly along a tangent curve concave to the east
having a radius of 576.00 feet, •through a central angle of 130 25' 2211, an
arc distance of 134.94 feet to a point on the southerly line of said Parcel
A (37 L.S.M. 50) thence along said southerly line, north 890 50' 44" west
47.36 feet to the southwesterly corner of said Parcel A; thence along the
westerly line of Parcel A (37 L.S.M. 50) , north 10 32' 09" east 140.00 feet
to the Point of Beginning.
Containing an area of 4,788 square feet of land, more or less.
PARCEL 2T (DEPARII M OF VEIERAW AFFAIRS & SIS - TEMPCRARY
FAST) : A TEMPORARY OONSMUCTION EASEMENT TO EXPIRE DECEMBER 31, 1990
A strip of land 10.00 feet in width, right angle measure, lying easterly of
and adjoining the easterly line of PARCEL 2 described above, being bounded
on the north by the northerly line of said Parcel A and on the south by the
southerly line of Parcel A (37 L.S.M. 50) .
Containing an area of 1,380 square feet of land, more or less.
Bearings based on the California Coordinate System Zone III ,(C.C.S. 27) .
PARCEL 3 (DAVIS - FEE)
A portion of that parcel of land described in the deed to Bill Davis, et ux,
recorded October 27, 1980 in Book 10065 at page 25, Official Records of
Contra Costa County, California, described as follows:
Beginning at the northwesterly corner of said Davis parcel (10065 O.R. 25)
as said parcel is shown as Parcel No. "A" on the map of Subdivision MS 84-63
filed Septembm- 25, 1963 in Book 24 of Licensed Surveyor's Maps at page 10,
Records of said County; thence from said Point of Beginning, along the
northerly line of said Parcel No. "A" (24 L.S.M. 10) south 890 50' 44" east
(record north 890 25' 30" east) 69.86 feet to a point from which a radial
line of a non-tangent curve concave to the northeast having a radius of
576.00 feet bears north 760 09' 22" east; thence, leaving said northerly
line southeasterly along said curve, through a central angle of 210 53' 5511,
an arc distance of 220.15 feet to a point on the southerly line of said
Parcel No. "A" (24 L.S.M. 10) ; thence along said southerly line, north 500
12' 05" west 212.54 feet to the most westerly corner of said Parcel No. "A";
thence, along the westerly line of said parcel, north 10 32' 09" east 62.81
feet to the northwesterly corner of said Parcel No. "A", the Point of
Beginning.
Containing a total area of 10,638 square feet of land, more or less, and a
net area, exclusive of that portion lying within the existing County road
right of way of 3,738 square feet of land, more or less.
PARCEL 4 (NEWELL - FEE) :
All of that parcel of land described in the deed to Marvin D. Newell
recorded March 2, 1983 in Book 11145 at page 756, Official Records of Contra
Costa County, California.
Containing an area of 0.866 acre of land, more or less.
PARCEL 5 (CMM & GRAl7r -MM - FEE):
A portion of that parcel of lam described in the deed to Roy A. Cunha and
Ken P. Graunstadt, Jr. , recorded March 19, 1987 in Book 13518 at page 284,
Official Records of Contra Costa County, California, described as follows:
Beginning at the most northerly corner of said parcel (13518 O.R. 284) as
said parcel is shown on the Record of Survey Map filed January 27, 1988 in
Book 86 of Licensed Surveyor's Maps at page 33, Records of said County;
thence from said Point of Beginning, along the northeasterly line of said
parcel (13518 O.R. 284) , south 450 10' 54" east 234.22 feet to a point from
which a radial line of a non-tangent curve concave to the southwest having a
radius of 1,176.00 feet bears south 340 06' 17" west; thence leaving said
northeasterly line, northwesterly along said curve, through a central angle
of 20 31' 3911, an arc distance of 51.88 feet; thence tangent to said curve
north 580 25' 22" west 129.86 feet; thence northwesterly along a tangent
curve concave to the northeast having a radius of 624.00 feet, through a
central angle of 50 09' 03", an arc distance of 56.10 feet to a point on the
northwesterly line of said parcel (13518 O.R. 284) ; thence along said
northwesterly line, north 420 36' 51" east 50.93 feet to the Point of
Beginning.
Containing an area of 6,096 square feet of land, more or less.
PARCEL 5T (TEMIXX�AW EASEMERr: A TENPORARY CONSTRUCTION EASEMENT TO EXPIRE
DECEMBER 31, 1990
Conmencing at the most southerly corner of PARCEL 5 described above; thence
from said Point of Beginning, along the northeasterly line of the said Cunha
arra Graunstadt parcel (13518 O.R. 284) south 450 10' 54" east 110.00 feet;
thence leaving said Qu]ha and Graunstadt Parcel south 440 49' 06" west 10.00
feet; thence north 450 05' 21" west 108.14 feet; thence north 620 43' 18"
west 51.57 feet; thence north 540 33' 39" west 187.26 feet to a point on the
northwesterly line of said Cunha and Graunstadt Parcel (13518 O.R. 284) ;
thence along said northwesterly line, north 420 36' 51" east 5.00 feet to
the most westerly corner of PARCEL 5 described above, said point from which
a radial line of a non-tangent curve concave to the northeast having a
radius of 624.00 feet bears north 360 43' 41" east; thence along the
southwesterly .Line of said PARCEL 5, along said curve, through a central
angle of 50 091 0311, an arc distance of 56.10 feet; thence south 580 25' 22"
east 129.86 feet; thence along a tangent curve concave to the southwest
having a radius of 1,176.00 feet, through a central angle of 20 31' 3911, an
arc distance of 51.88 feet to the Point of Beginning.
Containing an area of 3,407 square feet of land, more or less.
Bearings based on the California Coordinate System Zone III (C.C.S. 27) .
r
PARCEL 6 W - FEE) :
A portion of that parcel of land described in the deed to Lloyd D. Mashore,
et ux, recorded February 5, 1980 in Book 9721 at page 93, Official Records
of Contra Costa County, California, described as follows:
Beginning at the most southerly corner of said Mashore parcel (9721 O.R.
92) as said parcel is shown as Parcel No. "C" on the map of Subdivision MS
84-63 filed September 25, 1963 in Book 24 of Licensed Surveyor's Maps at
page 10, Records of said County; thence from said Point of Beginning, along
the easterly line of said Parcel No. "C" (24 L.S.M. 10) north 10 05' 38"
east (record north 00 21' east) 88.06 feet to a point from which a radial
line of a non-tangent curve concave to the southwest having a radius of
1,224.00 feet bears south 390 42' 36" west; thence, leaving said easterly
line, northwesterly along said curve through a central angle of 80 07' 5811,
an arc distance of 173.74 feet; thence north 580 25' 22" west 129.86 feet,
thence northwesterly along a tangent curve concave to the northeast having a
radius of 576.00 feet, through a central angle of 30 02' 3711, an arc
distance of 30.60 feet to a point on the southwesterly line of said Parcel
No. "C" (24 L.S.M. 10) ; thence, along said surly line of Parcel No.
"C", south 450 10' 54". east 388.60 feet to the Point of Beginning.
Containing a total area of 13,582 square feet of land, more or less, and
net area, exclusive of that portion lying within the existing County road
right of way of 1,750 square feet of land, more or less.
Bearings based on the California Coordinate System Zone III (C.C.S. 27) .
6R:rs
ex:neroly
June 26, 1989