HomeMy WebLinkAboutMINUTES - 03191991 - H.1 H.1
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Road Purposes, ) NO. 91/176
Empire Avenue ) (C.C.P. § 1245.230)
Oakley Area )
Project No. 0662-6194032 )
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 widen and improve a portion of Empire
Avenue, a road reconstruction project, a public improvement, in the Oakley area, and, in
connection therewith, acquire interests in certain real property.
The property to be acquired consists of a 3,577 sq. ft. slope easement 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 February 27, 1991, 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 Tuesday March 19, 1991, 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, and 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 therein, in
accordance with the provisions for eminent domain in the Code of Civil Procedure and
the Constitution of California:
Parcel 1 is to be acquired as permanent easement.
To prepare and prosecute in the County's name such proceedings in the proper
court as are necessary for such acquisition;
r:
RESOLUTION NO. 91/176
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 March 19, 1991 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, 'Torlakson and Powers
NOES: None
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: March 19, 1991
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)
Mrs
c:co2e.t6
RESOLUTION NO. 91/176
EMPIRE AVENUE RECONSTRUCTION
ROAD #7871 W.O. #4032
Helmi Investments
Ptn. APN 035-631-033
APPENDIX "A"
Parcel 1 (Permanent Slope Easement)
Real property in the southwest quarter of the southwest quarter of Section 26, Township 2 North,
Range 2 East, Mount Diablo Meridian, Contra Costa County, California, being a portion of PARCEL
ONE described in the Trustee's Deed to Helmi Investments, a California Limited Partnership,
recorded October 23, 1990 in Volume 16202 at page 74, Official Records of said County.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27),taking north 0005516"
east as the bearing of the west line of said quarter quarter Section.
Commencing at the west quarter corner of Section 26 (T2N, R2E) being the centerline intersection
of Empire Avenue and Cypress .Road as shown on the map of Subdivision 6726, Condon Unit II,
filed November 4, 1986 in Book 308 of Maps at page 23; thence along the centerline of Empire
Avenue, south 00°55'16" west 1,566.50 feet, to the westerly prolongation of the north line of Lot 1
(308 M 23) being the southwest corner of PARCEL ONE (16202 O.R. 74); thence along said
prolongation, south 89019'29" east 22.50 feet, to the east right-of-way line of Empire Avenue, the
True Point of Beginning; thence from the True Point of Beginning, continuing along said
prolongation, south 89019'29" east 15.00 feet; thence north 0005616" east 238.46 feet, to the north
line of PARCEL ONE (16202 O.R. 74); thence along said north line, north 89°19'30" west (rec. west)
15.00 feet, to the east right-of-way line of Empire Avenue; thence along said east line, south
00°5516" west 238.46 feet, to the True Point of Beginning.
Containing an area of 3,577 square feet of land, more or less.
KM:rs
c:helmi.ex
June 12, 1991