HomeMy WebLinkAboutMINUTES - 04061993 - H.3 "corrected copy"
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
3 for Construction of ) No. 93/171
drainage improvements, ) (C.C.P. Sec . 1245 . 230)
4 Oakley Area, DA 29C, )
Line G )
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, Contra
10 Costa County intends to construct a storm drain, a public
11 improvement, in the Oakley area, and, in connection therewith,
12 acquire interests in certain real property.
13 The property to be acquired consists of 2 parcels and
14 is generally located in the Oakley area. The said property is
15 more particularly described in Appendix "A" , attached hereto and
16 incorporated herein by this reference.
17 On March 19 , 1993, notice of the County' s intention to
18 adopt a resolution of necessity for acquisition by eminent domain
19 of the real property described in Appendix "A" was sent to
20 persons whose names appear on the last equalized County
21 Assessment Roll as owners of said property. The notice specified
22 April 6, 1993 at 11 a.m. in the Board of Supervisors Chambers in
23 the Administration Building, 651 Pine Street, Martinez,
24 California, as the time and place for the hearing thereon.
25 The hearing was held at that time and place, and all
26 interested parties were given an opportunity to be heard and
27 based upon the evidence presented to it, this Board finds,
28 determines and hereby declares the following:
1
av
1 1 . The public interest and necessity require the
2 proposed project; and
3 2 . The proposed project is planned and located in
4 the manner which will be most compatible with the
5 greatest public good and the least private
6 injury; and
7 3. The offer required by Section 7267 .2 of the
8 Government Code was made to the owner or owners
9 of record.
10 The County Counsel of this County is hereby AUTHORIZED
11 and EMPOWERED:
12 To acquire in the County's name, by condemnation, the
13 titles, easements and rights of way hereinafter described in and
14 to said real property or interest(s) therein, in accordance with
15 the provisions for eminent domain in the Code of Civil Procedure
16 and the Constitution of California:
17 Parcel 1718 is to be acquired as permanent easement.
18 Parcel 1718T is to be acquired as a temporary
19 construction easement.
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.
2711 28
2
11 PASSED and ADOPTED on April 6 , 1993, by the following
2 vote:
3 AYES: Supervisors Powers, Smith, Bishop and Torlakson
4 NOES: None
5 ABSENT: Supervisor McPeak
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 Contra costa
10 County, California, at a meeting of said Board on the date
11 indicated.
12 Dated: April 6 , 1993
13
14 ATTESTED: April 6, 1993
15 PHIL BATCHELOR, Clerk of the Board
of Supervisors and County
16 Administrator
17
By:
18 Deputy. C rk
19
20
21 Orig Dept: Public Works Department (R/P)
CC: Auditor-Controller
22 County Counsel (Certified copy)
23 Contact: Gus Kramer, Real Property Division
24
25
2 6 dfll 2: herrera.rn
21
28
3
i
r
Drainage Area 29C-Line G
Fernandez Parcels
Ptns. APN 037-222-020
Dwg. No. ED-10185
APPENDIX "A"
Real property in the southwest quarter of Section 23, Township 2 North, Range 2 East,
Mount Diablo Meridian, Contra Costa County, California, being portions of Lot 112,
Subdivision 5674 "Walnut Estates" filed April 22, 1981 in Book 251 of Maps at page 4,
described as follows:
Parcel 1718: (Permanent Storm Drain Easement)
Commencing at the northeast corner of said Lot 112; thence along the east line of Lot 112,
south 1'02'20" west 10.00 feet, to the Point of Beginning on the south line of that area
shown as "10' S.S.E." on said map (251 M 4); thence from the Point of Beginning, along said
south line, north 88'47'32"west 119.17 feet, to the west line of said Lot 112; thence along
said west line, south 1'02'20" west 60.00 feet, to the north line of that area shown as 10'
S.D.E." on said map; thence along said north line, south 88'47'32" east 10.00 feet; thence
leaving said north line, north 1'02'20" east 48.00 feet; thence south 88'47'32" east 109.17
feet to the east line of said Lot 112; thence along said east line, north 1'02'20" east 12.00
feet, to the Point-of Beginning.
Containing an area of 1 ,910 square feet of land, more or less.
Parcel 1718T: (Temporary Construction Easement to expire December 31 , 1993)
Beginning at the northeast corner of said Lot 112; thence along the boundary of Lot 112,
north 88'47'32" west 119.17 feet and south 1'02'20" west 152.71 feet, to the north right
of way line of Ironwood Court, being a non-tangent curve concave to the south having a
radius of 45.00 feet to which a radial bears north 9'46'23"east; thence along the arc of said
curve, easterly 10.39 feet, through a central angle of 13'13'58", to the east line of an area
shown as "10' S.D.E." on said map (251 M 4); thence non-tangent along said east line, north
1'02'20" east 55.43 feet; thence leaving said east line, north 50'56'20" east 77.35 feet;
thence south 88'47'32" east 50.00 feet, to the east line of said Lot 112; thence along said
east line, north 1'02'20" east 50.00 feet, to the Point of Beginning.
EXCEPTING THEREFROM the above described Parcel 1718 and those areas shown as "10'
S.D.E." on said map (251 M 4) and accepted for public use.
Parcel 1718T contains an area of 5,431 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
LH:jlg
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
3 for Construction of ) No. 93/171
drainage improvements , ) (C .C.P. Sec . 1245 . 230 )
4 Oakley Area, DA 29C, )
Line G )
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, Contra
10 Costa County intends to construct a storm drain, a public
11 improvement, in the Oakley area, and, in connection therewith,
12 acquire interests in certain real property.
13 The property to be acquired consists of 2 parcels and
14 is generally located in the Oakley area . The said property is
15 more particularly described in Appendix "A" , attached hereto and
16 incorporated herein by this reference.
17 On March 19 , 1993, notice of the County' s intention to
18 adopt a resolution of necessity for acquisition by eminent domain
19 of the real property described in Appendix "A" was sent to
20 persons whose names appear on the last equalized County
21 Assessment Roll as owners of said property. The notice specified
22 April 6 , 1993 at 11 a.m. in the Board of Supervisors Chambers in
23 the Administration Building, 651 Pine Street, Martinez,
.. 24 California, as the time and place for the hearing thereon.
25 The hearing was held at that time and place, and all
26 interested parties were given an opportunity to be heard and
27 based upon the evidence presented to it, this Board finds,
28 determines and hereby declares the following:
1
1 . The public interest and necessity require the
proposed project; and
3 2 . The proposed project is planned and located in
4 the manner which will be most compatible with the
5 greatest public good and the least private
6 injury; and
7 3 . The offer required by Section 7267 . 2 of the
8 Government Code was made to the owner or owners
9 of record .
10 The County Counsel of this County is hereby AUTHORIZED
11 and EMPOWERED:
12 To acquire in the County' s name, by condemnation, the
13 titles , easements and rights of way hereinafter described in and
14 to said real property or interest(s) therein, in accordance with
15 the provisions for eminent domain in the Code of Civil Procedure
16 and the Constitution of California:
17 Parcel 1718 is to be acquired as permanent easement .
18 Parcel 1718T is to be acquired as a temporary
19 construction easement.
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
281
2
• 1 PASSED and ADOPTED on April 6 , 1993 by the
2 following vote:
• 3 AYES: Supervisors Powers , Smith, Bishop and Torlakson
4 NOES: None
5 ABSENT: Supervisor McPeak
ABSTAIN: 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 6 , 1993
12
ATTESTED: April 6 , 1993
13
PHIL BATCHELOR, Clerk of the Board
14 of Supervico and ounty Administrator
15 BY M- PilAiJ h
Der U t M e-r,,,
16
17
18 Orig. Dent. : Public Works- Dei artment (R/P)
Auditor/Controller
19 Countv Counsel
20 Contact: Gus Kramer, Peal Property Division
21
22
23
24
25
26
27
2911
3
Drainade Area 29C-Line G
Fernandez Parcels
Ptns. APN 037-222-020
Dwg. No. ED-10185
APPENDIX "A"
Real property in the southwest quarter of Section 23, Township 2 North, Range 2 East, Mount
Diablo Meridian, Contra Costa County, Cafrfomia, being portions of Lot 112, Subdivision 5674
"Walnut Estates" filed April 22, 1981 in Book 251 of Maps at page 4, described as follows:
Parcel 1718: (Permanent Easement)
Commencing at the northeast corner of said Lot 112; thence along the east line*of Lot 112, south
1(102'20" west 10.00 feet, to the Point of Beginning on the south line of that area shown as "10'
S.S.E." on said map (251 M 4); thence from the Point of Beginning, along said south line, north
88047'32" west 119.17 feet, to the west line of said Lot 112; thence along said west line, south
1002'20" west 60.00 feet, to the north line of that area shown as "10' S.D.E." on said map; thence
along said north line, south 88047'32" east 10.00 feet; thence leaving said north line, north 1°02'20"
east 48.00 feet; thence south 88047'32" east 109.17 feet to the east line of said Lot 112; thence
along said east line, north 1"02'20" east 12.00 feet, to the Point of Beginning.
Containing an area of 1,910 square feet of land, more or less.
Parcel 1718T: (Temporary Construction Easement to expire December 31, 1993)
Beginning at the northeast comer of said Lot 112; thence along the boundary of Lot 112, north
88°47'32" west 119.17 feet and south 1002'20" west 152.71 feet, to the north right of way line of
Ironwood Court, being a non-tangent curve concave to the south having a radius of 45.00 feet to
which a radial bears north 9046'23" east; thence along the arc of said curve, easterly 10.39 feet,
through a central angle of 13013'58", to the east line of an area shown as."10' S.D.E." on said map
(251 M 4); thence non-tangent along said east line, north 1002'20" east 55.43 feet; thence leaving
said east line, north 50056'20" east 77.35 feet; thence south 88047'32" east 50.00 feet, to the east
line of said Lot 112; thence along said east line, north 1002'20" east 50.00 feet, to the Point of
Beginning.
EXCEPTING THEREFROM the above described Parcel 1718'and those areas shown as "10'S.D.E."
on said map (251 M 4) and accepted for public use.
Parcel 1718T contains an area of 5,431 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
LH:jig
clex:ferndz.we
1/6/93