HomeMy WebLinkAboutMINUTES - 04211992 - H.C • H.0
1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA
2 Re: Condemnation of Property )
for Public Road ) RESOLUTION OF NECESSITY
3 Purposes, State Highway ) No. 92/247
4 Willow Pass Grade, ) (C.C.P. Sec. 1245 . 230 )
4 Pittsburg Area )
5
6 The Board of Supervisors of Contra Costa County,
7 California, by vote of two-thirds or more of its members,
8 RESOLVES that:
9 Pursuant to Government Code Section 25350. 5 and Streets
10 & Highways Code Section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement, in
12 the Pittsburg area, and, in connection therewith, acquire
13 interests in certain real property.
14 The property to be acquired consists of three parcels
15 and is generally located in the Pittsburg area. The said
16 property is more particularly described in Appendix "A" , attached
17 hereto and incorporated herein by this reference.
18 On March 25, 1992, notice of the County' s intention to
19 adopt a resolution of necessity for acquisition by eminent domain
20 of the real property described in Appendix "A" was sent to
21 persons whose names appear on the last equalized County
22 Assessment Roll as owners of said property. The notice specified
23 April 14 , 1992 , at 9 : 00 a.m. in the Board of Supervisors Chambers
24 in the Administration Building, 651 Pine Street, Martinez,
25 California, as the time and place for the hearing thereon.
26 At that time 'and place, the hearing was continued. A
27 hearing was held on April 21 , 1992 and all interested parties
28 were given an opportunity to be heard and based upon the evidence
1
RESOLUTION NO. 92/247
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 Counsel of this County is hereby AUTHORIZED
13 and 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
17 interest(s ) therein, in accordance with the provisions for
18 eminent domain in the Code of Civil Procedure and the
19 Constitution of California .
20 To prepare and- prosecute in the County' s- name such
.21 proceedings in the proper court as are necessary for such
22 acquisition;
23 To deposit the probable amount of compensation, based
24 on an appraisal, and to apply to said court for an order
25 permitting the County to take immediate possession and use said
26 real property for said public -uses and purposes .
27
28
2
1 PASSED and ADOPTED on April 21, 1992 , by the
2 following vote:
3 AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
4 NOES: None
5 ABSENT: None
6 I HEREBY CERTIFY that the foregoing resolution was duly
7 and regularly introduced, passed and adopted by the vote. of two
8 thirds or more of the Board of Supervisors of Contra Costa
9 County, California, at a meeting of said Board on the date
10 indicated.
11 Dated: April 21, 1992
12 Phil Batchelor, Clerk of the
Board of Supervisors and
13 County Administrator
14
By:
15 Deputy
16 cc: Public Works Department,
Real Property Division
17 Auditor-Controller
County Counsel (Certified copy)
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19 dfll:a:\hwy4
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• Appendix "A"
ST. HWY 4 WILLOW PASS GRADE
CULBERTSON
PARCEL 1 (50862-1) : FEE
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SECTION 15, T.2.N. , R.1.W. , M.D.B.&M. , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN THE
DEED TO ALVERNAZ RECORDED SEPTEMBER 30, 1923, IN BOOR 457 OF DEEDS
AT PAGE 448 , BOOKS OF DEEDS OF SAID CONTRA COSTA COUNTY, SAID POINT
BEING ON THE SOUTHERLY RIGHT—OF—WAY LINE OF STATE ROUTE 4 AS SHOWN
ON RIGHT—OF—WAY RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR ROUTE 4 IN CONTRA COSTA COUNTY, DATED JULY
1974, AS GRANTED AS PARCEL 2 IN THE GRANT BY GEORGE W. ANDREWS BY
DEED RECORDED FEBRUARY 9, 1950 IN BOOR 1504 AT PAGE 230, OFFICIAL
RECORDS OF CONTRA COSTA COUNTY;
THENCE FROM SAID POINT OF BEGINNING EASTERLY ALONG SAID .
SOUTHERLY LINE (1504 O.R. 230) ALONG A CURVE LEFT HAVING A RADIAL
BEARING AT SAID POINT OF SOUTH 11'21'30" WEST, A RADIUS OF 4079 . 69
FEET, THROUGH A CENTRAL ANGLE OF 0625140", AN .ARC LENGTH OF 30.47
FEET TO THE NORTHEAST CORNER OF SAID LAND AS DESCRIBED IN SAID DEED
TO ALVERNAZ (457 DEEDS 448) ;
THENCE LEAVING SAID SOUTHERLY RIGHT—OF—WAY LINE (1504 O.R.
230) SOUTH 01°06 '28" WEST 143.72 FEET ALONG THE EASTERLY LINE OF
SAID LAND AS DESCRIBED IN SAID DEED TO ALVARNAZ (457 DEEDS 448) ;
THENCE LEAVING SAID EASTERLY LINE NORTH 81'33 '27" WEST 30.25
FEET TO THE WESTERLY LINE OF SAID LAND OF ALVARNAZ (457 DEEDS 448) ;
THENCE ALONG SAID WESTERLY LINE NORTH 01'06128" EAST 145. 17
.FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
CONTAINING 4, 33,3 SQUARE FEET, MORE OR LESS.
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES.
MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN
GROUND DISTANCES. ALSO MULTIPLY AREAS SHOWN BY 1.0001312 TO OBTAIN
TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA
COORDINATE SYSTEM OF 1983 , ZONE III.
PAGE 1 OF 3
PARCEL 2 (50862-2)
AN EASEMENT FOR SLOPE PURPOSES, AND INCIDENTS THERETO, UPON, OVER
AND ACROSS THAT CERTAIN REAL PROPERTY DESCRIBED AS FOLLOWS:
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SECTION 15,` T.2.N. , R.1.W. , M.D.B.&M. , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE LANDS OF
CULBERTSON AS DESCRIBED IN THE DEED TO ALVERNAZ, RECORDED ON
SEPTEMBER 30, 1923 IN BOOR 457 OF DEEDS AT PAGE 448, BOORS OF DEEDS
OF SAID CONTRA COSTA COUNTY WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF
STATE ROUTE 4 AS SHOWN ON THE RIGHT-OF-WAY RECORD MAPS FOR THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ROUTE 4 IN
CONTRA COSTA COUNTY DATED JULY 1974, AND AS GRANTED AS PARCEL 2� IN
THE GRANT BY GEORGE W. ANDREWS BY DEED RECORDED FEBRUARY 9, 1950 IN
BOOK 1504 AT PAGE 230, OFFICIAL RECORDS OF CONTRA COSTA COUNTY;
THENCE ALONG SAID WESTERLY LINE (457 DEEDS 448) SOUTH
01006128" WEST 145.17 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE CONTINUING ALONG SAID WESTERLY LINE (457 DEEDS 448)
SOUTH 01'06128" WEST 84.68 FEET;
THENCE LEAVING SAID WESTERLY LINE (457 DEEDS 448) SOUTH
83001139" EAST 30.16 FEET TO A POINT ON THE EASTERLY LINE OF THE
LANDS OF CULBERTSON (457 DEEDS 448) ; ,
THENCE ALONG SAID EASTERLY LINE (457 DEEDS 448) NORTH-
01'06'28" EAST 83 .90 FEET;
THENCE NORTH 81'33 '27" WEST 30.25 FEET TO SAID TR.UE POINT OF
BEGINNING .
CONTAINING- 2,529 SQUARE FEET, MORE OR LESS.
NOTE: ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES.
MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN
GROUND DISTANCES. ALSO MULTIPLY AREAS SHOWN BY 1.0001312 TO OBTAIN
TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA
COORDINATE SYSTEM OF 1983 , ZONE III.
PAGE 2 OF 3
PARCEL 3 (50862-3) -
AN EASEMENT FOR SLOPE PURPOSES, AND INCIDENTS THERETO, UPON, OVER
AND ACROSS THAT CERTAIN REAL PROPERTY DESCRIBED AS FOLLOWS:
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SECTION 15, T.2.N. , R.1.W. , M.D.B.&M. , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
C014MENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE LANDS OF
CULBERTSON AS DESCRIBED IN THE DEED TO ALVERNAZ, RECORDED ON
SEPTEMBER 30, 1923 IN BOOK 457 OF DEEDS AT PAGE 448, BOORS OF DEEDS
OF SAID CONTRA COSTA COUNTY, WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF STATE ROUTE 4 AS SHOWN ON THE RIGHT-OF-WAY RECORD MAPS FOR THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ROUTE 4 IN
CONTRA COSTA COUNTY, DATED JULY 1974, AND AS GRANTED AS PARCEL 2 IN
THE GRANT BY GEORGE W. ANDREWS BY DEED RECORDED FEBRUARY 9, 1950 IN
BOOK 1504 AT PAGE 230, OFFICIAL RECORDS OF CONTRA COSTA COUNTY;
THENCE ALONG SAID WESTERLY LINE (457 DEEDS 448) SOUTH
01006128" WEST 229.85 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE CONTINUING ALONG SAID WESTERLY LINE (457 DEEDS 448)
SOUTH 01'06 '28" WEST . 31.10 FEET;
THENCE LEAVING SAID WESTERLY LINE (457 DEEDS 448) SOUTH
83'10 '49" EAST 30.15 FEET TO A POINT ON THE EASTERLY LINE OF SAID
LANDS OF CULBERTSON (457 DEEDS 448) ;
THENCE ALONG SAID EASTERLY LINE (457 DEEDS 448) NORTH
01006 '28" EAST 31.02 FEET;
THENCE LEAVING SAID EASTERLY LINE (457 DEEDS 448) NORTH
83'01'39" WEST 30.16 FEET TO SAID TRUE POINT OF BEGINNING.
CONTAINING 932. .SQUARE FEET, MORE OR LESS.
NOTE: ALL DISTANCES IN THIS .DESCRIPTION ARE GRID DISTANCES.
MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN
GROUND DISTANCES. ALSO MULTIPLY AREAS SHOWN BY 1.0001312 TO OBTAIN
TRUE GROUND AREAS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA
COORDINATE SYSTEM OF 1983 , ZONE III.
( �' ROBERT C.
GOCDy1UNDSON
i LS.4545 'i
p. 94
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