HomeMy WebLinkAboutRESOLUTIONS - 06111991 - 91-391 4 � .
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Road Purposes ) No. 91/391
3 widening Willow Pass ) (Code of Civ. Proc.
Road, Pittsburg 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 road reconstruction project, a public improvement to
11 widen a portion of Willow Pass Road in the Pittsburg area, and in
12 connection therewith, acquire interests in certain real property.
13 The property to be acquired consists of three parcels
14 and is generally located in the Pittsburg area. The said
15 property is more particularly described in Appendix "A" , attached
16 hereto and incorporated herein by reference.
17 On May 24 , 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 11 , 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 11, 1991 at that time and
27 place, and all interested parties were given an opportunity to be
2811
1
RESOLUTION NO. 91/391
11 heard and based upon the evidence presented to it, this Board
2 finds, 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 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 19 and 21 are to be acquired in fee title. Parcel 19T is
20 to be acquired as a temporary easement to expire on July 31,
21 1991 .
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
I1 PASSED and ADOPTED on June 11, 1991 , by the following
2 vote:
3qAYES: Supervisors Fanden, Schroder, Torlakson and Powers
I
4:I7 NOES: None
✓�I ABSENT: Supervisor McPeak
II
61 ABSTAIN: None
71 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 of Supervisors and
13 County Administrator
14 �p -
By: Tl�.t" -
15 Deputy
16
17
18
19
20
21
22
23
24
cc: Public Works Department
25 Real Property Division
Auditor-Controller
26 County Counsel (certified copy)
County Administrator
27
df9:p1eading\1p-cat.res
28
3
WILLOW PASS ROAD
LP CATALYST HOLDING INC.
Parcel 19 (FEE)
APPENDIX "A"
A portion of Parcel B as said parcel is shown on the map of lot line adjustment 85-84 filed October 30,
1964 in Book 75 of Licensed Surveyors Maps at page 45 records of Contra Costa County, California
described as follows:
Commencing at the southwest corner of Parcel B as shown on said map (75 LSM 45) thence north 1'
10' 36" east 14.00 feet to a point on a line, being on the northerly line of the 14.00 feet in width road
easement described in the deed to Contra Costa County recorded September 14, 1978 in Book 9009
of Official Records at page 854, the Point of Beginning; thence from said Point of Beginning north 1°
10' 36" east 11.00 feet to a point on a line which is parallel with and 53.00 feet northerly, right angle
measure, from the proposed centerline of Willow Pass Road as shown on the map entitled "A Precise
Section of the Streets and Highways Plan - Contra Costa County - Willow Pass Road" recorded April
6, 1962 in Book 4092 of Official Records at page 357; thence along said parallel line south 890 07' 22"
east 814.63 feet to the westerly line of the parcel of land granted to Riverview Fire District recorded
August 12, 1977 in Book 8462 of Official Records at page 718; thence along said westerly line south
10 22' 38" west 11.00 feet; thence north 890 07' 22" west 814.59 to the Point of Beginning.
Containing an area of 8960 square feet of land more or less.
Parcl 19T (A Temporary Construction Easement to Expire on July 31, 1992)
A portion of Parcel B as said parcel is shown on the map of Lot Line Adjustment 85-84 filed October
30, 1984 in Book 75 of Licensed Surveyors Maps at page 45 records of Contra Costa County,
California described as follows:
Beginning at the southeasterly corner of Lot 17 as said lot is shown on the map of Subdivision 5534,
filed March 20, 1984 in Book 277 of Maps at page 11 records of said County; thence northerly along
the easterly line of said Subdivision north 01010'36" east 60.00 feet; thence leaving said easterly line
north 36053'36" east 420.25 feet; thence south 35008'17" east 420.25 feet; thence south 89°07'22" east
320.63 feet to a point on the westerly line of the parcel of land granted to Riverview Fire District,
recorded August 12, 1977 in Book 8462 of Official Records at page 718; thence along said westerly
line south 1°22'38" west 60.00 feet to a point on a line parallel with and 53.00 feet northerly, right angle
measure, from the proposed centerline of Willow Pass Road as shown on the map entitled "A Precise
Section of the Streets and Highways Plan-Contra Costa County-Willow Pass Road" recorded April 6,
1962 in Book 4092 of Official Records at page 357; thence along said parallel line north 89°07'22" west
814.63 feet to the Point of Beginning.
Containing an area of 132,882 squ&re feet (3.051 acres) of land, more or less.
-Parcel 21 (FEE)
A portion of Parcel B as said parcel of land is shown on the map of Subdivision MS 204-78 filed
September 14, 1978 in Book 70 of Parcel Maps at page 1, being also shown on the map of LL 85-84
filed October 30, 1984 in Book 75 of Licensed Surveyor's Maps at page 45 records of Contra Costa
County, State of California, described as follows:
Beginning on the northerly line of Willow Pass Road at the easterly line of the area shown as "license
to construct Fire House" as shown on said map (70 P.M. 1); thence from said Point of Beginning along
said northerly line of Willow Pass Road as shown on said map of LL 85-84 (75 LSM 45) south 89° 07'
22" east 243.49 feet to the westerly line of that parcel of land described in deed to Kettlebrook
:insurance Company, Ltd. recorded November 21, 1964 in Book 12073 at page 758 of Official Records;
thence along said westerly line north 00 52' 38" east 12.74 feet to a point on a line which is parallel with
and 42.00 feet northerly, right angle measure, from the proposed centerline of Willow Pass Road as
shown on the map entitled "A Precise Section of the Streets and Highways Plan - Contra Costa County
-Willow Pass Road"recorded April 6, 1962 in Book 4092 of Official Records at page 357; thence along
said parallel line north 880 37' 24" west 145.11 feet; thence north 89° 07' 22" west 98.26 feet to the
easterly line of said area shown as "license to construct Fire House" (70 P.M. 1); thence along said line
south 1° 22' 38" west 14.00 feet to the Point of Beginning.
Containing an area of 3,317 square feet of land, more or less.
Bearings are based on the California Coordinate System, Zone III (C.C.S. 27).
H. 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE:
MATTER OF RECORD
---------------------------------------------------------------------
SUBJECT: Proposed condemnation of Real Property for Willow Pass Road
Widening Project, Pittsburg area.
This being the time set for hearing the proposed
condemnation of real property needed for the Willow Pass Road Widening
Project in the Pittsburg area.
The Chair declared the hearing open.
Gus Kramer, Real Property Agent for the Public Works
Department, gave the staff report.
The following property owners appeared:
Mark Fambrini, 273 Lombardy Circle, Walnut Creek, objected
to the amount of dollars offered by the Public Works Department.
Robert Fitz-Stephens, 925 Moon Court, Lafayette, co-owner
commented that there had been a break-down in communications between
the owners and the county. He talked about the need to consider the
rights of the tenants who live in the property. He listed several
items that they would like the County to take care of such as
replacing fencing, and drivable covers over the holes in the driveway
area for underground utilities.
Chairman Powers explained that it is not up to the Board to
determine value, but that the staff will be contacting them with
respect to compensation, and if that is not satisfactory, they have
the right to pursue it in court.
Supervisor Torlakson suggested that if the owners cannot
reach agreement with County staff, they may want to talk with the West
Pittsburg Council who has a traffic committee who deals with some of
these issues.
There being no one else wishing to testify, the Chairman
declared the hearing closed.
The Board thereupon adopted Resolution No. 91/391 approving
the proposed condemnation.
cc: Public Works