HomeMy WebLinkAboutMINUTES - 06271989 - T.2 77
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Road Purposes,- NO. 89/437
Empire Avenue/Oakley Road ) (C.C.P. Sec. 1245.230)
Oakley Area )
Project No. 0676-6P4023 )
The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more of
its members, RESOLVES that:
Pursuant to Government Code Section 25350.5 and Streets & Highways Code Section 943,
Contra Costa County intends to construct a road reconstruction project, a public improvement, to
widen and improve the intersection of Empire Avenue and Oakley Road in the Oakley area, and, in
connection therewith, acquire interests in certain real property.
The property to be acquired consists of fee title to two frontage strips totalling 0.54 acres of land
and is generally located in the Oakley area. The said property is more particularly described in
Appendix "A", attached hereto and incorporated herein by this reference.
On Mary 17, 1989, notice of the County's intention to adopt a resolution of necessity for
acquisition by eminent domain of the real property described in Appendix "A" was sent to persons
whose names appear on the last equalized County Assessment Roll as owners of said property. The
notice specified June 6, 1989, at 11:00 a.m. in the Board of Supervisors Chambers in the Administration
Building, 651 Pine Street, Martinez, California, as the time and place for the hearing thereon.
The hearing was held at that time and place, continued to June 20, 1989, and continued again
to June 27, 1989. All interested parties were given an opportunity to be heard and based upon the
evidence presented to it, this Board finds, determines and hereby declares the following:
1. The public interest and necessity require the proposed project; and
2. The proposed project is .planned and located in the manner which will be most
compatible with the greatest public good and the least private injury; and
3. The property described herein is necessary for the proposed project; and
4. The offer required by Section 7267.2 of the Government Code was made to the owner
or owners of record.
The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
To acquire in the County's name, by condemnation, the titles, easements and rights of way
hereinafter described in and to said real property or interest(s) therein, in accordance with the
:provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
Parcels are to be acquired in the fee title.
To prepare and prosecute in the County's name such proceedings in the proper court as are
,necessary for such acquisition;
RESOLUTION NO. 89/437
To deposit the probable amount of compensation, based on an appraisal, and to apply to said
court for an order permitting the County to take immediate possession and use said real property for
said public uses and purposes.
PASSED and ADOPTED on June 27, 1989, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
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ABSENT: _None
I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, passed and
adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
California, at a meeting of said Board on the date indicated.
Date: .h,n,- 27 ,_1489
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputy
;cc: Public Works Department,
Real Property Division
Auditor-Controller
County Counsel (Certified copy)
NW:rs
c:co2e.t7
RESOLUTION NO. 89/437
C al sesi Parcel
A 3EMIX "An
A portion of that parcel of land described in the deed to Virgil calimoi,
et ux, recorded July 6, 1949 in Book 1409 at page 222, Official Records of
Contra Costa County, California, described as follows:
Beginning at a Brass Disc at the northeast corner of Section 27, Township 2
North, Range 2 East, Mount Diablo Meridian; thence along the north line Of
said Section 27 (T. 2 N., R. 2 E., M.D.M.) being the northerly line of said
caiisesi pard (1409 O.R. 222) , north 890 17' 39" west 377.00 feet; thence
leaving said line along the westerly tine of said Calisesi parcel, south 00
55' 29' west 22.50 feet; thence leaving said- westerly line, south 890 17'
39" east 17.00 feet; thence south 00 42' 21" west 7.50 feet; thence south
860 44' 55" east 337.75 feet; thence south 00 55' 29" west 75.00 feet;
thence south 300 16' 57" west 45.89 feet; thence south 10 27' 59" west
529.02 feet; thence south 10 50' 28" east 207.24 feet; thence south 140 50'
1511 east 7.33 feet to a point on the southerly line of said calisesi Parcel
(1409 O.R. 222) ; thence along said southerly line, south 890 17' 39" east
38.01 feet to a point on the east line of said Section 27 (T. 2 N, R. 2 E. ,
M.D.M.) , being the easterly line of said Cal i sesi Parcel (1409 O.R. 222) ;
thence along said east line of Section 27, north 00 55' 29" east 903.00 feet
to the said northeast cornier of Section 27, the Point Of Beginning.
Ccntaining an area of 0.540 acre of land lying outside of the richt of way
described in Volume 11 of Supervisors Records at page 202.
EXCEP G TEEREIRM TBE FULIDR=
All oil gas, en irr;head gasoline and other hydrocarbon and mineral sub--
stances
umstances below a point 500 feet below the surface of said land, together with
the right to take, remove, mine, pass through and dispose of all of said
oil, gas, casirx#iead gasoline and other hydrocax3= and mineral Substances,
but without any right whatsoever to enter upon the surface of said land or
upon any partof said.l.and within 500 feet thereof.
Bearings for this description are based on the California Coordinate System
Zone III (C.C.S. 27) .
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