HomeMy WebLinkAboutRESOLUTIONS - 04191994 - 94-246 H.2
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Road Purposes ) No. 94/ 246
3 Willow Pass Road ) (Code of Civ. Proc. ,
Improvement Project ) S 1245 . 230)
4 Bay Point Area )
5
6 The Board of Supervisors of Contra Costa County,
7 California by vote of two-thirds or more of its members, RESOLVES
8 that:
9 Pursuant to Government Code section 25350 .5 and Streets
10 and Highways Code section 943, Contra Costa County intends to
11 construct a sidewalk and a road reconstruction project, a public
12 improvement, to improve Willow Pass Road, in the Bay Point area,
13 and, to relocate utility easements and in connection therewith to
14 acquire interests in certain real property.
15 The property to be acquired consists of 13 parcels and is
16 generally located in the Bay Point area. The said property is more
17 particularly described in Appendix "A" , attached hereto and
18 incorporated herein by reference.
19 On April 4 , 1994 , 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 Assessment
23 Roll as the owners of said property. The notice specified April
24 19 , 1994 at 11 : 00 a .m. in the Board of Supervisors Chambers in the
25 Administration Building, 651 Pine Street, Martinez, California, as
26 the time and place for the hearing thereon.
27 The hearing was held on April 19 , 1994 , at that time and
28.1 place, and all interested parties were given an opportunity to be
1 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 good
7 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 EMPOWERED:
13 To acquire in the name of Contra Costa County, by
14 condemnation, the titles, easements and rights of way as set forth
15 in Appendix "A" , in and to said real property or interests therein,
16 in accordance with the provisions of eminent domain in the Code of
17 Civil Procedure and the Constitution of California: Parcels 1., 4,
18 5 , 20, 21, 22, 25 , 26 27 , 29 , 30 & 31 are to be acquired in fee
19 simple absolute. Parcel 31U is to be acquired as a permanent
20 utility easement.
21 To prepare and prosecute in the County' s name such
22 proceedings in the proper court as are necessary for such
23 acquisition.
24 To deposit the probable amount of compensation, based on
25 an appraisal, and to apply to said court for an order permitting
26 the County to take possession and use said real property for said
27 public uses and purposes .
28 2
1 PASSED and ADOPTED on April 19 , 1994, by the following
2 vote:
3 AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
4 NOES: None
5 ABSENT: Supervisor Powers
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 the Contra Costa
10 County, California, at a meeting of said Board on the date
11 indicated.
12 Dated: April 19 , 1994
13 Phil Batchelor, Clerk of the
Board of Supervisors and County
14 Administrator
15
By:
16 Deputy
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 dMM;knolt.ron
28 3
Rd. #5181 Willow Pass Road
Widening - Bay Point
PARCEL 1 - Vollmer/Easley
Dwg. RW5181-93
APPENDIX "A"
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being a
portion of the southwest quarter of the southeast quarter of Section 11, Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
PARCEL 1: (Fee Title) Ptn. APN 096-032-013
A portion of Lot 2, Block B, Map of"Poinsettia Land Company, West Pittsburg Tract Unit No. i,"filed
June 8, 1926 in Map Book 19 at page 506, records of said County, described as follows:
Beginning at the southeast corner of said Lot 2 on the north right of way line of Willow Pass Road;
thence from the Point of Beginning, along said north line, north 89009'40" west 99.99 feet, to the
west line of said Lot 2; thence along said west line, north 0050'20" east 11.09 feet; thence leaving
said west line, south 89010'20" east 99.99 feet, to the east line of said Lot 2; thence along said east
line, south 0050'20" west 11.11 feet, to the Point of Beginning.
Containing an area of 1,109 square feet (0.025 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
SED LANG SUS
Signature:
Licensed Land Surveyor Exp. iZli 6
Contra Costa County Public Works
No.5999
Date: /�— / Z- 3 FOFCAUF���,�
MH:jlg
c\ex:Blockb.ex
9/22/93
Page 1 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 4 - Siino
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being a
portion of the southeast quarter of the southeast quarter of Section 11, Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
PARCEL 4: (Fee Title) Ptn. APN 096-020-015
Beginning at the southeast corner of Lot 3 BLOCK C of"Poinsettia Land Company West Pittsburg
Tract Unit No. 1," filed June 8, 1926 in Map Book 19 at page 506, records of said County, on the
north right of way line of Willow Pass Road; thence from the Point of Beginning, along said north
right of way line, south 89009'40" east 124.99 feet to the southwest corner of that parcel of land
described in the deed to Mary Siino recorded February 13, 1992 in Volume 17223 at page 229,
Official Records of said County; thence along the west line of said Siino parcel, north 1040'20" east
11.28 feet; thence leaving said west line, north 89010'20"west 124.99 feet to the east line of said Lot
3; thence along said east line, south 1040'20" west 11.25 feet, to the Point of Beginning.
Containing an area of 1,408 square feet (0.032 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: Sip LAND S�9
Licensed Land Surveyor �`� N,z4vEiy���`o�
Contra Costa County Public Works Exp.!Z 11-7 6
Na 5999
Date: 10 17-- f2 3 glFOF' CAUF���
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9121M Page 2 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 5 - Siino
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being a
portion of the southeast quarter of the southeast quarter of Section 11, Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
PARCEL 5: (Fee Title) Ptn. APN 096-020-014
A portion of that parcel of land described in the deed to Mary Siino, recorded February 13, 1992
in Volume 17223 at page 229, Official Records of said County, further described as follows:
Beginning at the southwest corner of said Siino parcel (17223 O.R. 229), on the north right of way
line of Willow Pass Road; thence from the Point of Beginning, along said north right of way line,
south 89009'40" east 202.99 feet, to the east line of said Siino parcel; thence along said east line,
north 1040'20" east 11.32 feet: thence leaving said east line, north 89010'20"west 202.99 feet, to the
west line of said Siino parcel; thence along said west line, south 1040'20" west 11.28 feet, to the
Point of Beginning.
Containing an area of 2,293 square feet (0.053 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: �a BAND s�
Licensed Land Surveyor ���'S�17W �F�o
Contra Costa County Public Works
Exp. 1 Z_`;1 E, W
No.5999
Date: IV- t Z- 7
�l�IF�F CAL�F�R�\P
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c\ex:wpass.pr5
80/93 Page 3 of 12
Rd # 5181-WiQow Pass Road
Widening - Bay Point
PARCELS 20 and 21 - McArdle
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California,
being a portion of the northeast quarter of the northeast quarter of Section 14, Township
2 North, Range 1 West, Mount Diablo Meridian, described as follows:
Portions of that parcel of land described in the deed to McArdle Family Trust recorded
September 21, 1992, in Volume 17845 at page 948, Official Records of said County,
further described as follows:
PARCEL 20: (Fee Title) Ptn. APN 095-022-012
Beginning at the northwest corner of said McArdle parcel (17845 O.R. 948) on the south
right of way line of Willow Pass Road; thence from the Point of Beginning, along said
south right of way line, south 89010'20" east 42.89 feet, to a point hereinafter referred to
as "Point A;" thence leaving said south right of way line, south 0001'03" east 10.00 feet;
thence north 89010'20" west 42.91 feet to the west line of said McArdle parcel; thence
along said west line, north 0006'03" east 10.00 feet, to the Point of Beginning.
Containing an area of 429 square feet (0.010 acre) of land, more or less.
PARCEL 21: (Fee Title) Ptn. APN 095-022-013
Beginning at "Point A" as described in PARCEL 20 of this document; thence along the
south right of way line of Willow Pass Road, south 89010'20" east 15.40 feet, to a curve,
concave to the southwest, having a radius of 20.00 feet; thence along the arc of said
curve, easterly, southeasterly, and southerly 29.12 feet, through a central angle of
83°25'30'; thence non-tangent to said curve north 39031'19"west 10.12 feet; thence north
89010'20"west 28.57 feet; thence north 0001'03"west 10.00 feet,to the Point of Beginning.
Containing an area of 294 square feet (0.007 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
Page 4 of 12
These real property descriptions have been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act_
do LANG s�
Signature: cense n urveyor ���Nti'zw�y�F�p�
Contra Costa County, Public Works Department EgL iU�
No.5999
Date: lO — /2 OFCAUF���\P
LH:jig
OD(MPS181.20
September 29. 1993
Page 5 of 12
Rd. # 5181 Willow Pass Road
Widening - Bay Point
PARCEL 22 - Wessler/Pable
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being a portion
of the northeast quarter of the northeast quarter of Section 14, Township 2 North, Range 1 West, Mount
Diablo Meridian, described as follows:
PARCEL 22: (Fee Title) Ptn. APN 095-021-008
A portion of parcels one and two described in the deed to Pable Family Trust recorded November 21,
1991 in Volume 17030 at page 342, Official Records of said County, further described as follows:
Beginning on the south right of way line of Willow Pass Road at the northeast corner of said Pable
Family Trust Parcel One (17030 O.R. 342), also being the northwest corner of Joseph Siino Subdivision
filed August 13, 1929, in Map Book 21 at page 590; thence from the Point of Beginning, along said
south right of way line north 89010'20" west 62.50 feet, to a curve, concave to the southeast, having a
radius of 20.00 feet; thence along the arc of said curve, westerly, southwesterly, and southerly 31.71
feet, through a central angle of 90050'43", to the east right of way line of Sapone Lane; thence along
said east right of way line, south 0°01'03" east 4.26 feet; thence leaving said east line, north 45024'14"
east 20.43 feet, thence south 89010'20" east 68.22 feet, to the east line of said Pable Family Trust Parcel
One thence along said east line, north 0004'40" east 10.00 feet, to the Point of Beginning.
Containing an area of 845 square feet (0.019 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone 111 (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Stiff LAND SVS`
Signature: \���' Zw � Fro
Lic used Land Surveyor
Contra Costa County, Public Works Department * Exp. -1Z-L26
No.5999
Date: .2 3 �l9 Of CAL\F���\P
LH:pe:)ig
cAtp\Design\WP5181.22
September 29, 1993 Page 6 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 25 - Tugbenyoh
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California,
being a portion of the northeast quarter of the northeast quarter of Section 14, Township
2 North, Range 1 West, Mount Diablo Meridian, described as follows:
PARCEL 25: (Fee Title) Ptn. APN 095-031-003
A portion of Lots 2 and 3 of Block One of "Joseph Siino Subdivision" filed August 13,
1929 in Map Book 21 at page 590, also being a portion of that parcel of land described
in the deed to Ben Tugbenyoh et ux recorded September 16, 1988 in Book 14591 of
Official Records at page 430 described as follows:
Beginning of the northwest corner of said Tugbenyoh parcel (14591 O.R. 430) on the
south right of way line of Willow Pass Road thence from the Point of Beginning along said
south right of way fine, south 89°10'20"east 40.00 feet to the east line of said Tugbenyoh
parcel (14591 O.R_ 430); thence along said east line south 0023'12" west 10.00 feet;
thence leaving said east line north 89010'20" west 40.00 feet to the west line of said
Tugbenyoh parcel; thence along said west line north 0°23'12" east 10.00 feet to the Point
of Beginning.
Containing an area of 400 square feet (0.009 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS 27).
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
S�0 x.AN0
Signature:
ensed Land Surveyor
Contra Costa County, Public Works Department EgL/Z P
t>ta.599.9
Date: —l e -3 4F CAL�E���`�
ui:pe
c:\tp\Desig n\W P-5181.25
October 18, 1993
Page 7 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 26 - Sawhney
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California,
being a portion of.the northeast quarter of the northeast quarter of Section 14, Township
2 North, Range i West, Mount Diablo Meridian, described as follows:
PARCEL 26: (Fee Title) Ptn. APN 095-031-010
A portion of Lots 1 and 2 of Block One of "Joseph Siino Subdivision" filed August 13,
1929 in Map Book 21 at page 590, also being a portion of that parcel of-land described
in the deed to Rashmi Sawhney recorded April 3, 1990 in Book 15763 of Official Records
at page 646 described as follows:
Beginning at the northeast corner of said Lot 1 on the south right of way line of Willow
Pass Road; thence from the Point of Beginning, along said south right of way line, north
89010'20" west 80.00 feet, to the west line of said Sawhney parcel (15763 O.R. 646)
thence along said west line, south 0°23'12"west 10.00 feet; thence leaving said west line,
south 8910'20" east 79.99 feet, to the east line of said Lot 1; thence along said east line,
north 002727" east 10.00 feet, to the Point of Beginning.
Containing an area of 800 square feet (0.018 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS 27).
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
LAND Sv,QG
Signature: � JW F`o
Ucensed Land Surveyor
Contra Costa County, Public Works Department , f z 31- 6
Date: 3 � 4FCAUE���`P
LH:pe
c:Ex:WP5181.26
October 18, 1993
Page 8 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 27 - Knott
Dwg. RW 5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California,
being a portion of the northeast quarter of the northeast quarter of Section 14, Township
2 North, Range 1 West, Mount Diablo Meridian, described as follows:
PARCEL 27: (Fee Title) Ptn. APN 095-083-016
A portion of Lot 6 of"Bella Vista Subdivision" filed June 3, 1924 in Map Book 18 at page
450, records of said County, described as follows:
Beginning at the northwest corner of said Lot 6 on the south right of way line of Willow
Pass Road; thence from the Point of Beginning, along said south right of way line, south
8910'20" east 100.00 feet, to the northeast corner of said Lot 6; thence along the east
line of Lot 6, south 0°27'2T' west 10.00 feet; thence leaving said east line, north 89010'20"
west 100.00 feet, to the west line of said Lot 6; thence along said west line, north 0027'27"
east 10.00 feet, to the Point of Beginning.
Containing an area of 1,000 square feet (0.023 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
SAND
SU
ensed Lan urveyor SEo �k
Contra Costa County, Public Works Department �`� ��z1vUyi�tb1,
Exp.�L j�-
Date: /G — Z12-f7 3 No.5999
LH:pe:jlg �lgIFOFCA0�4�\P
c:Ex:WP-5181.27
October 20, 1993
Page 9 of 12
Rd. #5181 Willow Pass Road
Widening - Bay Point
PARCELS 29, 31 and 31 U- Pratt Estate
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being
portions of the northeast quarter of the northwest quarter of Section 14, Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
PARCEL 29: (Fee Title) Ptn. APN 095-083-003
A portion of Lot 4 of "Bella Vista Subdivision" filed June 3, 1924 in Map Book 18 at page 450,
records of said County, described as follows:
Beginning at the northwest corner of said Lot 4 on the south right of way line of Willow Pass Road;
thence from the Point of Beginning, along said south right of way line, south 89010'20" east 80.00
feet, to the northeast corner of said Lot 4 on the west right of way line of Bella Vista Avenue; thence
along said west right of way line, south 0°27'27" west 35.79 feet; thence leaving said west right of
way line north 89010'20"west 7.90 feet; thence north 0027'27" east 15.10 feet; thence north 44020'00"
west 15.16 feet; thence north 89010'20"west 61.42 feet, to the west line of said Lot 4; thence along
said west line north 0°2727" east 10.00 feet, to the Point of Beginning.
Containing an area of 1,004 square feet (0.023 acre) of land, more or less.
PARCEL 31: (Fee Title) Ptn APN 095-081-018
A portion of Lots 1 and 2 of "Bella Vista Subdivision" filed June 3, 1924 in Map Book 18 at page
450, records of said County, also being a portion of that parcel of land described in the deed to
tl?e H. C. Pratt Estate recorded February 10, 1992 in Book 17211 of Official Records at page 759
described as follows:
Beginning at the northeast corner of said Lot 1 (18 M 450); thence from the Point of Beginning,
along the east line of said Lot 1 south 0027'27" west 10.00 feet; thence leaving said east line north
89010'20" west 89.90 feet to a point which shall hereinafter be referred to as Point "F"; thence north
89010'20" west 90.10 feet to the west line of said Pratt parcel (17211 O.R. 750); thence along the
west line north 0027'27" east 10.00 feet to the south right of way line of Willow Pass Road; thence
along said right of way line south 89010'20" east 180.00 feet to the Point of Beginning.
Containing an area of 1,800 square feet (0.041 acre) of land more or less.
PARCEL 31 U: (Utility Easement)
Beginning at the hereinbefore described Point "F" in PARCEL 31 above; thence from the Point of
Beginning south 0049'40" west 10.00 feet; thence north 89010'20" west 5.00 feet; thence north
0049'40" east 10.00 feet; thence south 89010'20" east 5.00 feet to the Point of Beginning.
Page 10 of 12
Containing an area of 50 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
�p LAND sz/1
Signature: Licensed and Surveyor �Q`��'�I:w�,��F��o�
Contra Costa County Public Works exp �z-_y:26
No.5999
Date: 4glfOFCAt�F���\�
ui:jlg:mg
c\ex:Pratt.ex
2!2/94
Page 1 1 of 12
Rd. #5181 - Willow Pass Road
Widening - Bay Point
PARCEL 30 - Shaibi
Dwg. RW5181-93
Real property in the unincorporated area of Bay Point, Contra Costa County, California, being a
portion of the northeast quarter of the northeast quarter of Section 14, Township 2 North, Range
1 West, Mount Diablo Meridian, described as follows:
PARCEL 30: (Fee Title) Ptn. APN 095-081-019
A portion of Lots 2 and 3 of Bella Vista Subdivision filed June 3, 1924 in Map Book 18 at page 450,
records of said County, also being a portion of that parcel of land described in the deed to Saleh
N. Shaibi et al, recorded February 10, 1992 in Book 17211 of Official Records at page 740
described as follows:
Beginning at the northwest corner of said Lot 3 (18 M450) being on the south right of way line of
Willow Pass Road; thence from the Point of Beginning, along said south right of way line, south
89010'20" east 100.00 feet to the east line of said Shaibi et al parcel (17211 0.R. 740); thence along
the east line south 0027'2T'west 10.00 feet; thence leaving said east line north 89010'20"west 81.27
feet; thence south 4503833" west 15.27 feet; thence south 0°27'2T' west 12.80 feet; thence north
89010'20" west 7.90 feet to the west line of said Shaibi et at parcel also being the east right of way
line of Bella Vista Avenue; thence along said east right of way line north 0027'27 east 33.63 feet to
the Point of Beginning.
Containing an area of 1,174 square feet (0.027 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Sip LAND SU9`
Signature: ��� ��;M F`
Licensed Land Surveyor
Contra Costa County Public Works Exp./Z-i/--)6
No.5999
Date: �l9lFOFCAl1E����P
ua:j19
c\ex:Shaibi_WPR
10/19/93
Page 12 of 12