HomeMy WebLinkAboutMINUTES - 07171990 - H.1 • H.1
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS GOVERNING BODY OF CONTRA COSTA
2 COUNTY SANITATION DISTRICT NO. 15
3 Condemnation of Property ) RESOLUTION OF NECESSITY
For Sanitary Sewer Purposes ) NO. 90/469
4 Bethel Island Area ) (Code of Civ. Proc. )
§1245 . 230)
5 )
6 The Board of Supervisors of Contra Costa County, California as
7 governing body of Contra Costa County Sanitation District No. 15
8 by vote of two-thirds or more of its members, RESOLVES that:
9 Pursuant to Health and Safety Code section 4740, Contra
10 Costa County Sanitation District No. 15 intends to construct an
11 underground sewer line, a public improvement, and in connection
12 therewith, acquire interests in certain real property.
13 The property to be acquired consists of four parcels
14 and is generally located in the Bethel Island area . The said
15 property is more particularly described in Appendix "A" ,
16 attached hereto and incorporated herein by reference.
17 On June 29, 1990, notice of the District's intention to
18 adopt a resolution of necessity for the acquisition by eminent
19 domain of the property described in Appendix "A" was sent to
20 persons whose names appear on the last equalized County
21 Assessment Roll as the owners of said property. The notice
22 specified Tuesday, July 17, 1990, at 11 :00 a.m. , in the Board of
23 Supervisors Chambers in the Administration Building, 651 Pine
24 Street, Martinez, California, as the time and place for the
25 hearing thereon.
26 The hearing was held at that time and place, and all
27 interested parties were given an opportunity to be heard and
28 11!
RESOLUTION N0. 90/469
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
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 5 . That the above project is a Class 1 Categorical
13 exemption under the California Environmental Quality Act.
14 The District' s counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of Contra Costa County
17 Sanitation District No. . 15, by condemnation, the titles,
18 easements and rights of way as set forth in Appendix "A" , in and
19 to said real property or interests therein, in accordance with
20 the provisions of eminent domain in the Code of Civil Procedure
21 and the Constitution of California: Parcels 2 and 3 are to be
22 acquired as permanent easements . Parcels 2T and 3T are to be
23 acquired as temporary easements to expire December 31, 1990 .
24 To prepare and prosecute in the District' s name such
25 proceedings in the proper court as are necessary for such
26 acquisition.
27 To deposit the probable amount of compensation, based
28 on an appraisal, and to apply to said court for an order
2
I permitting the District to take possession and use said real
2 property for said public uses and purposes .
3 The Community Development Department is DIRECTED to
4 1 file a notice of exemption with the County Clerk.
5 PASSED and ADOPTED on July 17 , 1990, by the following
6 vote:
7 AYES: Supervisors Powers, Schroder, McPeak and Vah. den
8 NOES: None
9 ABSENT: Supervisor Torlakson
10 ABSTAIN: None
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 and regularly introduced, passed and adopted by the vote of two-
13 thirds or more of the Board of Supervisors of the Contra Costa
14 County, California, acting as the Governing Body of - Contra Costa
15 County Sanitation District No. 15, at. a meeting of said ° Board on
16 the date indicated..
17 Dated:
Phil Batchelor, Clerk of the
18 Board. of Supervisors and
County Administrator
19
20 By: ala a A-A t
Deputy
21
cc: Public Works Department
22 Real Property Division
Auditor-Controller
23 County Counsel (certified copy)
County Administrator
24
25
26
27
df6:sla\pleading\bet-is1.ron
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3
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Bethel Island Sewer Line
89-6X9E78-Parcels 2 and 2T
Philippart, et ux.
Ptns. APN 031-091-009
APPENDIX "A"
Portions of that parcel of land granted to Charles R. and Wanda E. Philippart recorded
June 12, 1974 in Volume 7247 of Official Records at page 730, records of Contra Costa
County, California.
Parcel 2: PERMANENT EASEMENT
Beginning at the southeast corner of said Philippart parcel (7247 O.R. 730); thence along
the boundary thereof, north 78°07'20" west 93.99 feet and north 06003' east 5.03 feet;
thence south 78007'20" east 94.62 feet to a point (hereinafter referred to as "Point B") on
the east line of said parcel; thence along said east line, south 13°16' west 5.00 feet, to the
point of beginning.
Containing an area of 472 square feet of land, more or less.
Parcel 2T: TEMPORARY CONSTRUCTION EASEMENT to expire December 31, 1990
Beginning at "Point B" described in "Parcel 2" above; thence along the boundary of
"Parcel 7, north 78007'20" west 94.62 feet, to the west line of said Philippart parcel (7247
O.R. 730); thence along said west line, north 06°03' east 10.05 feet; thence south
78007'20" east 95.88 feet to the east line of said parcel; thence along said east line, south
13016' west 10.00 feet, to the point of beginning.
Containing an area of 952 square feet of land, more or less.
Nw:r3
c:phi.ex
August 1, 1990
Bethel Island Sewer Line
89-6X9E78-Parcels 3 and 3T
Estrada, et al.
Ptns. APN 031-091-012
APPENDIX "A"
Portions of that parcel of land granted to Joseph L. Estrada et al recorded February 2,
1990 as PARCEL TWO in Volume 15637 of Official Records at page 638, records of
Contra Costa County, California.
Parcel 3: PERMANENT EASEMENT
Beginning at the northeast corner of said PARCEL TWO (15637 O.R. 638); thence along
the boundary thereof, north 78007'20" west 93.99 feet and south 06003' west 5.03 feet;
thence south 78007'20" east 93.36 feet to a point (hereinafter referred to as "Point C") on
the east line of said parcel; thence along said east line, north 13016' east 5.00 feet, to the
point of beginning.
Containing an area of 469 square feet of land, more or less.
Parcel 3T: TEMPORARY CONSTRUCTION EASEMENT to expire December 31, 1990
Beginning at "Point C" described in "Parcel 3" above; thence along the boundary of
"Parcel 3", north 78007'20" west 93.36 feet, to the west line of said PARCEL TWO (15637
O.R. 638); thence along said west line, south 06°03' west 10.05 feet; thence south
78007'20" east 92.10 feet to the east line of said parcel; thence along said east line, north
13016' east 10.00 feet, to the point of beginning.
Containing an area of 927 square feet of land, more or less.
Nw:r3
C:sstex
August 1, 1990