HomeMy WebLinkAboutRESOLUTIONS - 06271989 - 89-413 • Ta
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property )
3 For Public,,Trail Purposes )• :�
Iron Horse Trail ) RESOLUTION OF NECESSITY
4 4660-6X4145 ) NO. 89/413
Walnut Creek Area ) (Code of Civ. Proc . S 1245. 230
5 )
6 The Board of Supervisors of Contra Costa County,
7 California by vote of two-thirds or more of its members, RESOLVE
8 that:
9 Pursuant to Government Code section 25350.5, Contra
10 Costa County intends to construct a trail project, a public
11 improvement, and in connection therewith, acquire interests in
12 certain real property.
13 The property to be acquired consists of three parcels
14 and is generally located in the Walnut Creek area. The said
15 Property is more particularly described in Appendix "A" , attached
16 hereto and incorporated herein by reference.
17 On June 9, 1989, 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 27, 1989 at 9:00 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 at that time and place, and all
27 interested parties were given an opportunity to be heard and
28
RESOLUTION NO. 89/413
1 based upon the evidence presented to it, this Board finds,
2 determines and hereby declares 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 thename 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 1, 2 and 3 are to be acquired in fee title.
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 possession and use said real
26 property for said public uses and purposes .
27
28
-2-
1 PASSED and ADOPTED on June 27 , 1989, by the following
2 vote:
3 AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson
4 NOES: None
5 ABSENT: None
6 ABSTAIN: None
7
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of the Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: June 27, 1989
14 Phil Batchelor, Clerk of the
Board of Supervisors and
15 County Administrator
16
17 By: l6/0jjMl14
Deputy
18
19 cc: Public Works Department
Real Property Division
20 Auditor-Controller
County Counsel (certified copy)
21 County Administrator
22-
23
24
25
26
27 SLA:tb
28 tbl\reeoloec.f
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Iron Horse Trail
APPFND[EC "A"
PARCEL 1 - SANIA FE PACIFIC RMM CO. (A FEE)
A portion of Parcel 1 as said parcel is described in the deed to the
Southern Pacific Land Coapany recorded October 25, 1977 in Book 8562 of
Official Records at page 70, records of Contra Costa County, California,
described as follows:
Conmencing at the most southerly corner of said Parcel 1 (8562 O.R. 70)
being on the northeasterly line of South Broadway; thence, from said Point
of Comienexnent, along the southerly line of said Parc El 1, north 650 14'
47" east 22.26 feet to the Point of Beginning; thence, from said Point of
Beginning, leaving said southerly line of Parcel 1, north 170 33' 00" west
367.11 feet to a point on the easterly line of said Parcel 1 (8562 O.R. 70) ;
thence, along said easterly line, south 180 46' 32" east 287.85 feet; thence
southerly along the arc of a tangent curve concave to the east having a
radius of 966.04 feet through a central angle of 10 27' 46" a distance of
24.66 feet; thence, leaving said easterly line of Parcel 1, non-tangent to
said curve, south 170 33' 00" east 53.80 feet to a point on the said
southerly line of Parcel 1 (8562 O.R. 70) ; thence, along said southerly
line, -south 650 14' 47" west 7.06 feet to the Point of Beginning.
Containing an area of 1429 square feet of lanai, more or less.
Bearings used in the above description are based on the California
Coordinate system zone III (c.c.s. 27) .
PARCEL 2 - SANTA FE PACIFIC ITE WW CO. (A FEE)
A portion of Parcel 2 as said parcel is described in the deed to the
Southern Pacific Land Company recorded October 25, 1977 in Book 8562 of
Official Records at page 70, records of Contra Costa County, California,
described as follows:
Beginning at the most northerly corner of said Parcel 2 (8562 O.R. 70) ;
Thence from said Point of Beginning, along the northerly lime of said Parcel
2, south 650 14' 47" west 7.78 feet to a point from which a radial line of
a non-tangent curve concave to the east having a radius of 1131.00 feet
bears north 760 32' 53" east; thence, leaving said northerly line of Parcel
2, southerly along said curve, through a central angle of 30 58' 26" an arc
distance of 78.44 feet to a point on the easterly boundary of said Parcel 2
(8562 O.R. 70) , said point frcm which a radial lime of a non-tangent curve
concave to the east having a radius of 966.04 feet bears north 780 08' 35"
east; thence northerly along said easterly baundary, being along said curve,
through a central angle of 20 40' 25" an arc distance of 45.08 feet; thence
tangent of said curve, north 90 11' 00" west 34.99 feet to the Point of
Beginning.
Containing an area of 311 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate system zone III (c.c.s. 27) .
BMus
ex:SF?
Iron Horse Trail
APPENDIX "An
PARCEL 3 - {AI.tW CREEK PROPER'101'S (A FEE)
A portion of Parcel II as said parcel is described in the deed to Walnut
Cheek Properties, a Partnership recorded August 7, 1974 in Book 7292 of
Official Records at page 123, records of Contra Costa County, California,
described as follows:
Beginning at the northeasterly corner of said Parcel II (7292 O.R. 123) ;
thence from said Point of Beginning, along the northerly line of Parcel II,
south 820 21' 44" west 2.12 feet; thence, leaving said northerly line, south
70 48' 52" east 177.90 feet; thence southerly along the arc of a tangent
curve concave to the east having a radius of 4991.00 feet through a central
angle of 10 37' 13" a distance of 141.14 feet; thence, tangent to said
curve, south 90 26' 05" east 90.36 feet; thence southerly along the arc of a
tangent curve concave to the east having a radius of 1131.00 feet through a
central angle of 40 01' 02" a distance of 79.30 feet to a point on the
southerly line of said Parcel II (7292 O.R. 123) ; thence, along said
southerly line, north 650 14' 47" east 2.04 feet to a point from which a
radial line of a non-tangent curve concave to the east having a radius of
1129.00 feet bears north 760 34' 06" east; thence leaving said southerly
line of Parcel II, northerly along said curve, through a central angle of 30
59' 4911, an aro distance of 78.76 feet; thence, tangent to said curve, north
90 26' 05" west 90.36 feet; thence northerly along the arc of a tangent
curve concave to the east having a radius of 4989.00 feet through a central
angle of 10 37' 13" a distance of 141.09 feet; thence, tangent to said
curve, north 70 48' 52" west 49.75 feet to a point on the easterly boundary
of said Parcel II (7292 O.R. 123) ; thence, along said easterly boundary,
north 90 29' 00" west 8.66 feet; thence, north 70 38' 16" west 119.49 feet
to the Point of Beginning.
Containing an area of 968 square feet of lanai, more or less.
Bearings used in the above description are based on the California
Coordinate System zone III (c.c.s. 27) .
Mrs
ex:ironhorse