HomeMy WebLinkAboutRESOLUTIONS - 05021989 - 89-289 r T. 3
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
J
2 �
3 Condemnation of Property )
For Road Purposes ) RESOLUTION OF NECESSITY
4 Lone Tree Way, Phase II ) NO. 89/289
Brentwood Area ) (Code of Civ. Proc. ,
5 ) S 1245.230)
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
10 Streets and Highways Code section 943, Contra Costa County
11 intends to construct a road reconstruction project, a public
12 improvement to widen a portion of Lone Tree Way in the Brentwood
13 area, and in connection therewith, acquire interests in certain
14 real property.
15 The property to be acquired consists of six parcels
"16 and is generally located in Brentwood. The said property is
17 more particularly described in Appendix "A" , attached hereto and
18 incorporated herein by reference.
19 On April 13, 1989, notice of the County's intention to
20 adopt a resolution of necessity for the acquisition by eminent
21 domain of the property described in Appendix "A" was sent to
22- persons whose names appear on the last equalized County
23 Assessment Roll as the owners of said property. The notice
24 specified May 2, 1989 at 9:00 a.m. in the Board of Supervisors
25 Chambers in the Administration Building, 651 Pine Street,
26 Martinez, California, as the time and place for the hearing
27 thereon.
28
16
RESOLUTION NO. 89/289
I
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1. The public interest and necessity require the
6 proposed project; and.
7 2. The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public
9 good and the least private injury; and
10 3. The property described herein is necessary for the
11 proposed project; and
12 4 . The offer required by section 7267 .2 of the
13 Government Code was made to the owner or owners of record.
14 The County's counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of Contra Costa County, by
17 condemnation, the titles, easements and rights of way as set
18 forth in Appendix "A" , in and to said real property or interests
19 therein, in accordance with the provisions of eminent domain in
20 the Code of Civil Procedure and the Constitution of California:
21 Parcels 2, 10, 13, 19, 25 and 26 to be acquired in fee title.
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.
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I PASSED and ADOPTED on May 2, 1989 by the
2 following vote:
3 AYES: Supervisors Powers , Fanden, Schroder & Torlakson
4 NOES: None
5 ABSENT: Supervisor McPeak
6 ABSTAIN: None
7
8 I HEREBY CERTIFY that the foregoing resolution was
9 duly and regularly introduced, passed and adopted by the vote of
10 two-thirds or more of the Board of Supervisors of the Contra
11 Costa County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: MAY 2 1989
14 Phil Batchelor, Clerk of the
Board of Supervisors and
15 County Administrator
16
/J a
17 By: lj4lt f/I/Ly[✓{
Deputy
18
19 cc: Public Works Department
Real Property Division
20 Auditor-Controller
County Counsel (certified copy)
21 County Administrator
22.
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28 SLAda
-3-
Zane Tree Why Phase II
0662-Q24010
Fled. No. RS-A600(1)
APPENDIX "A"
AR= (MM)
A portion of that parcel of land described in deed to John Lopez, Jr. and
Joyce Lopez, his wife recorded June 16, 1977 in Book 8378 at page 358 of
Official Be=-ds of Contra Costa Cotutty, State of califamia, described as
follows:
Begirming at a point cn the east line of the 15 feet in width strip of land
described as Parcel Two in the deed from J. H. C akebread, et al., to Lone
Tree Irrigation District reocirded January 23, 1923 in Book 429 of Deeds at
page 354, said point being 35.00 feet north and 15.00 feet east from the
southwest corner of the northwest 2/4 of Section 2, Tbwnship 1 North, Range
2 East, Mount Diablo Meridian; thence from said point of beginning parallel
with the southerly line of said northwest 1,/4 of Section 2 south 880 58' 23"
east 1210.49 feet; thence south 10 01' 37" west 12.50 feet to the northerly
lime of Ione Tree Way; thence along said northerly line north 880 58' 2311
west 1210.44 feet to the said east line of the 15 feet in width Lone Tree
Irrigation District parcel (429 D 354) ; thence along said line north 00 47'
42" east 12.50 feet to the point of beginning.
Gbcttaining an area of 15,131 square feet (0.35 acres) of land, move or less.
Bearings and distances used in the above description are based on the
California Coordinate System, Zane III CCS 27. Tb obtain ground distances,
multiply given distances by 1.0000700.
PARCEL 10 (IOPEZ)
A portion of the parcel of land described in the deed to Jdm Lopez, et ux,
recorded December 24, 1975 in Book 7721 of Official Records at page 245,
Records of Contra Costa County, State of California, being the southerly
7.50 feet of .said Lopez parcel.
Containing an area of 1,923 square feet of land, more or less.
PARCEL 13 (NUNN)
A portion of the parcel of land described as Parcel Cone in the deed to
Ronald E. Nunn recorded June 30, 1982 in Book 10834 of Official Records at
page 480 Records of Contra Costa County, State of California, being the most
southerly 7.50 feet of said Nunn Parcel One.
Containing an area of 290 square feet of land, more or less.
PARCEL 19 ( 9M=)
A portion of the parcel of land conveyed in the deed to Rafael Martinez
recorded December 15, 1978 in Book 9146 of Official Records at page 70
Records of Contra Costa County, State of Califonua, being the easterly
82.65 feet of a 12.50-foat of land (measured at right angles) strip lying
northerly of and contiguous to the northerly line of Lone Tree Way, 45.00
feet in right of way width.
Containing an area of 1,033 square feet of land, more or less.
PAF , 22 (SEFW)
A portion of the parcel of land described in the deed to Margaret Serra
recorded July 12, 1972 in Book 6696 of Official Records at page 174 Records
of Contra Costa County, State of California, being a strip of land 12.50
feet in width (measured at right angles) lying northerly of and contiguous
to the northerly lime of Ione Tree Way 45.00 feet in right of way width
bounded on the west by the westerly line of said Serna parcel and on the
east by the west line of O'Hara Avenue.
Containing an area of 2,148 square feet of land, more or less.
PARCEL 25 (EMMM)
A portion of Parcels One and Two as said parcels are described in the deed
to James Gayer, et ux, recorded July 7, 1972 in Book 6691 of Official
Records at page 465 Records of Contra Costa County, State of California,
being a strip of land 12.50 feet in width (measured at right angles) lying
southerly of and contiguous to the southerly line of Lone Tree Way (45.00
feet in right of way width) bounded on the west by the west line of said
Parcel Two and on the east by a line perpendicular to said southerly line
and easterly 251.25 feet along said southerly line En the westerly line of
said Parcel One (6691 O.R. 465) .
E XCEPrING I: All of that parcel of land described in the deed to
the East Contra Costa Irrigation District (acquired as the Ione Tree
7,irigation District) , recorded August 15, 1923 in •Book 448 of Deeds at page
84, records of said County.
Containing an area of 3,228 square feet of land, more or less.
PARCEL 26 (ZURC=)
A portion of the parcel of land described in the deed to Daniel A. Turcotte
recorded July 13, 1977 in Book 8415 of Official Records at page 671 Records
of Contra Costa County, State of California, being a 12.50 foot strip 'of
land (measured at riot angles) lying northerly of and contiguous to the
northerly line of Ione Tree Way (45.00 feet in riot of way width) , bounded
on the west the most westerly line of said Turcotte parcel and on the east
by a line perpendicular to and 85.79 feet distant along said northerly line
of Ione Tree Way from said Turcotte parcel's westerly line.
Containing an area of 1,072 square feet of land, more or less.
Iii:rs
ex:Lone.tree.2
Aril 14, 1989
I
T.3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: May 2, 1989
MATTER OF RECORD
SUBJECT: Condemnation of Property for Road Purposes - Lone Tree Way,
Phase II, Brentwood area.
The Board this day held a public hearing on the proposed
condemnation of real property needed for the the widening of a portion
of Lone Tree Way, Phase II, in the Brentwood area.
Bill Craig, 3200 East 18th Street, Antioch, appeared and
requested that the intersection be widened in that it is a very busy
street. He suggested that the County acquire an additional 10 to 15
feet on both sides of Lone Tree Way for future widening now while the
price is reasonable and not wait for 10 years when costs will be
greatly increased.
Chairman Torlakson asked the Public Works Director to note those
comments for the record.
There Board thereupon closed the public hearing and adopted
Resolution No. 89/289 authorizing and empowering County Counsel to
proceed with the condemnation action.
THIS IS A MATTER OF RECORD.
cc: Public Works Director
County Counsel