HomeMy WebLinkAboutMINUTES - 06111991 - D.3 (2) D. 3a
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Bike Path ) NO. 91/390
3 Purposes Miranda Avenue ) (Code of Civ. Proc . ,
Bike Path Alamo Area ) § 1245 . 230 )
4 )
5 The Board of Supervisors of Contra Costa County,
6 California by vote of two-thirds or more of its members, RESOLVES
7 that:
8 Pursuant to Government Code section 25350 . 5 and Streets
9 and Highways Code section 943, Contra Costa County intends to
10 construct a bike path and a road reconstruction project, a public
11 improvement to Miranda Avenue in the Alamo Area, and in
12 connection therewith, acquire interests in certain real property.
13 The property to be acquired consists of six parcels and
14 is generally located in the Alamo area . The said property is
15 more particularly described in Appendix "A" , attached hereto and
16 incorporated herein by reference .
17 On May 17 , 1991 , notice of the County' 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 June 4 , 1991 at 11 : 00 a .m. in the Board of Supervisors
23 Chambers in the Administration Building, 651 Pine Street,
24 Martinez , California, as the time and place for the hearing
25 thereon .
26 The hearing was held on June 4, 1991 and continued to
27 June 11 , 1991 . At that time and place, and all interest parties
28 were given an opportunity to be heard and based upon the evidence
1
RESOLUTION NO. 91/390
1 presented to it, this Board finds, determines and hereby declares
2 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 Two, Three and Four are to be acquired in fee title.
20 Parcel Three-T is a temporary construction easement and parcels
21 Four-D and Three-A are permanent easements .
22 To prepare and prosecute in the County' s name such
23 proceedings in the proper court as are necessary for such
24 acquisition.
25 To deposit the probable amount of compensation, based
26 on an appraisal, and to apply to said court for .an order
27 permitting the County to take possession and use said real
28 property for said public uses and purposes .
2
1 PASSED and ADOPTED on June 11 , 1991, by the following
2 vote:
3 AYES: Supervisors Schroder, McPeak, Torlakson and Powers
4 NOES : None
5 ABSENT: Supervisor Powers
6 ABSTAIN: None
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 and regularly introduced, passed and adopted by the vote of two-
9 thirds or more of the Board of Supervisors of the Contra Costa
10 County, California, at a meeting of said Board on the date
11 indicated.
12 Dated: June 11 , 1991
Phil Batchelor, Clerk of the Board
13 of Supervisors and County
Administrator
14
15
By: &ALAA J;LA.
Deputy
16
17
18
19
20
21
22
23 cc : Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
df9:1ittorno.res
26
27
28
3
MIRANDA AVENUE
ROAD NO. 42348, W.O. 4128
Condemnation Action
APPENDIX "A"
Parcel Two: Ptn. APN 193-030-007 (Morris)
All that real property situate in Contra Costa County, State of California described as
follows:
A portion of that parcel of land deeded to Thomas E. Morris, recorded April 27, 1988 in
Book 14295 of Official Records at page 890, records of said County, described as
follows:
Beginning at the most southwesterly corner of said Morris Parcel (14295 O.R. 890);
thence leaving said Point of Beginning along the southeasterly line of a 50.00 feet in width
County road known as Miranda Avenue north 36°36'31" east 62.11 feet; thence leaving
said line south 33°36'51"west 60.11 feet to the southerly line of said parcel; thence along
said line north 87°00'00" west 3.77 feet to the Point of Beginning.
Containing an area of 98 square feet of land more or less.
Bearings are based on the California Coordinate System, Zone III (C.C.S. 27).
Parcel Three: Ptn. APN 193-070-010 (Littorno)
All of that real property situate in Contra Costa County, State of California, described as
follows:
,A portion of that parcel of land deeded to Andrew Littorno et ux recorded August 28,
1979 in Book 9505 of Official Records at page 372, records of said County, described as
follows:
Commencing on the centerline of Miranda Avenue being a 40.00 feet in width County
road, at the westerly corner of said parcel (9505 OR 372); thence from said point
northeasterly along the northwesterly line of said parcel north 46°40'00" east 20.74 feet
to the Point of Beginning; thence from said Point of Beginning southeasterly along the
northeasterly right-of-way line of said Miranda Avenue south 27°58'00" east 27.50 feet to
a point of cusp; thence northerly along a curve, concave to the east, the center of which
curve bears north 69047'24" east, having a radius of 328.00 feet, through a central angle
of 4034'39" an arc distance of 26.20 feet; thence north 50003'00" east 4.36 feet; thence
along the arc of a non-tangent curve concave to the east, having a radius of 380.00 feet,
through a central angle of 0031'54" an arc length of 3.93 feet to a point on the
.northwesterly line of said parcel (9505 OR 372); thence southwesterly along said
northwesterly line, south 46040'00" west 9.97 feet to the Point of Beginning.
Containing an area of 83 square feet of land, more or less.
Parcel Four: Ptn 193.060-006 (Hertel)
:Reference to documents, ownerships, and property lines are to records of Contra Costa
County, California. Bearings are based on the California Coordinate System Zone III
:(C.C.S. 27) as shown on the Precise Traverse Form dated January 23, 1961 and entitled
"Livorna-Miranda Road Number 4233" on file at Contra Costa County Public Works
Department.
Portion of Tempe Chester Hertel parcel of land recorded October 30, 1967 in Volume
5484 of Official Records at page 318, described as follows:
Page 1 of 3
Commencing at Precise Traverse Monument LM-15 on the centerline of Miranda Avenue;
thence along said centerline, north 31012'15" east 17 feet,to the southwest corner of said
Hertel parcel as described (5484 O.R. 318); thence along the southwest line of said Hertel
parcel, south 57°51'45" east 20 feet, to the southeast right-of-way line of Miranda Avenue,
the True Point of Beginning; thence from the True Point of Beginning, along said
southeast line, north 31°12'15" east 55.18 feet, to a point of cusp with the arc of a tangent
curve concave to the southeast having a radius of 380 feet; thence along said arc,
southwesterly 55.44 feet, through a central angle of 8021'31", to the southwest line of said
Hertel parcel; thence non-tangent, along said southwest line, north 57051'45" west 4.04
feet, to the True Point of Beginning.
Containing an area of 74 square feet (0.002 acres) of land, more or less.
TEMPORARY CONSTRUCTION EASEMENT PARCEL: (to expire October 31, 1991, or
at end of construction, whichever shall occur first)
Parcel Three-T: Ptn. APN 193-070-010 (Uttorno)
All of that real property situate in Contra Costa County, State of California, described as
follows:
A portion of that. parcel of land deeded to Andrew Littorno et ux recorded August 28,
1979 in Book 9505 of Official Records at page 372, records of said County, described as
follows:
Beginning at "Point B" as described in PARCEL THREE above; thence from said Point
northeasterly along the northwesterly line of said parcel (9505 O.R. 372) north 46040'00"
east 20.49 feet; thence leaving said line south 39057'00" east 4.41 feet; thence south
50003'00" west 21.93 feet to a point from which a radial line of a non-tangent curve,
concave to the east, having a radius of 380.00 feet bears north 74025'01" east; thence
along said curve through a central angle of 0031'54", an arc distance of 3.53 feet to the
northwesterly line of said parcel (9505 O.R. 372) being the Point of Beginning.
Containing an area of 80 square feet of land, more or less.
PERMANENT DRAINAGE EASEMENT PARCELS:
Parcel Four-D: Ptn. APN 193-060-006 (Hertel)
Reference to documents, ownerships, and property lines are to records of Contra Costa
County, California. Bearings are based on the California Coordinate System Zone III
(C.C.S. 27) as shown on the Precise Traverse Form dated January 23, 1961 and entitled
""Livorna-Miranda Road Number 4233" on file at Contra Costa County Public Works
Department. i
'Portion of Tempe Chester Hertel parcel of land recorded October 30, 1967 in Volume
5484 of Official Records at page 318, described as follows:
Commencing at Precise Traverse Monument LM-15 on the centerline of Miranda Avenue;
thence along said centerline, north 3101215" east 17 feet, to the southwest corner of said
Hertel parcel as described (5484 O.R. 318); the, along the southwest line of said Hertel
parcel, south 57051'45" east 24.04 feet, to the True Point of Beginning on the arc of a
non-tangent curve, a radial to which bears north 67°09'16"west 380 feet; thence from the
True Point of Beginning, along said arc, northeasterly 35.69 feet, through a central angle
.of 5°22'51"; thence non-tangent to said curve, south 62°25'21" east 4.98 feet; thence
south 27034'39" west 35.95 feet to the southwest line of said Hertel parcel (5484 O.R.
.318); thence along said southwest line, north 57°51'45" west 3.72 feet, to the True Point
of Beginning.
Containing an area of 165 square feet (0.004 acres) of land, more or less.
Page 2of3
AERIAL EASEMENT PARCEL:
Parcels Three-A: (Littorno)
References to documents, ownerships, and property lines are to records of Contra Costa
County, California. Bearings are based on the California Coordinate System Zone III
(C.C.S. 27) as shown on the Precise Traverse Form dated January 23, 1961 and entitled
"Livorna-Miranda Road Number 4233" on file at Contra Costa County Public Works
Department.
A permanent 10 feet wide aerial easement for overhang wires, cables, crossarms,fixtures,
and appurtenances, the centerline of which is described as follows:
Commencing at Precise Traverse Monument LM-16 on the centerline of Miranda Avenue;
thence along said centerline south 26048'24"east 215.00 feet;thence north 63011'36"east
16.50 feet to the True Point of Beginning of said 10 feet wide aerial easement; thence
from the True Point of Beginning north 24032'03"west 126.10 feet; thence north 15032'12"
west 212.46 feet; thence north 11°06'11" east 216.34 feet; thence north 16011'25" east
132.85 feet; thence north 31012'15" east 150.55 feet to the centerline terminus of said
aerial easement on the northeast line of S. Joseph Vigna et ux parcel (recorded April 2, .
1985 in Volume 12252 of Official Records at page 786) distant thereon, north 58047'45"
west 22.50 feet, from the centerline of Miranda Avenue.
Mrs
c:miranda.ex
June 25, 1991
s
Page 3 of 3
AERIAL EASEMENT PARCEL:
Parcels Three-A: (Littorno)
References to documents, ownerships, and property lines are to records of Contra Costa
County, California. Bearings are based on the California Coordinate System Zone III
(C.C.S. 27) as shown on the Precise Traverse Form dated January 23, 1961 and entitled
"Livorna-Miranda Road Number 4233" on file at Contra Costa County Public Works
Department. ;
A permanent 10 feet wide aerial easement for overhang wires, cables, crossarms, fixtures,
and appurtenances, the centerline of which is described as follows:
Commencing at Precise Traverse Monument LM-16 on the centerline of Miranda Avenue;
thence along said centerline south 26048'24"east 215.00 feet; thence north 63011'36"east
16.50 feet to the True Point of Beginning of said 10 feet wide aerial easement; thence
from the True Point of Beginning north 24032'03"west 126.10 feet; thence north 15032'12"
west 212.46 feet; thence north 11°06'11" east 216.34 feet; thence north 16011'25" east
132.85 feet; thence north 31012'15" east 150.55 feet to the centerline terminus of said
aerial easement on the northeast line of S. Joseph Vigna et ux parcel (recorded April 2,
1985 in Volume 12252 of Official Records at page 786) distant thereon, north 58047'45"
west 22.50 feet, from the centerline of Miranda Avenue.
Mrs
c:miranda.ex
June 25, 1991
Page 3 of 3