Loading...
HomeMy WebLinkAbout078-86l BEFORE THE CITY COUNCIL OF THE CITY OF DANVIT,LR In the Matter of Finding and Determining That the ) Public Interest and Necessity ) Require the Acquisition of ) Certain Land and Directing the ) Filing of Eminent Domain ) Proceedings ) (Community Park and Recreation ) Facilities) ) ) RESOLUTION NO. 78-86 RECITALS A. It is necessary and desirable for the City of Danville to acquire that certain real property as more particularly described in Exhibit "A" attached for the acquisition and development of a community park and recreation facilities and public improvements. The purpose and use for which the real property is to be acquired is, among others, providing community park and recreation facilities. B. The City of Danville is vested with the power of eminent domain to acquire private property for public use by virtue of Article 1, Section 19 of the Constitution of the State of Cali- fornia, California Code of Civil Procedure sections 1240.010, 1240.030, 1240.050, 1240.110, 1240.120, 1240.210 et seq. C. Notice has been given under section 1245.235 of the Code of Civil Procedure of the State of California, and all persons whose property is to be acquired by eminent domain and whose name and address appear on the last equalized Contra Costa County Assessment Roll have been given a reasonable opportunity 1 to appear and be heard before the City Council on the following matters: (1) whether the public interest and necessity require the project; (2) whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) whether the property sought to be acquired is necessary for the project. D. The City of Danville has, in accordance with California Government Code section 7267.2, offered to each owner of record to acquire the real property for just compensation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DANVILLE FINDS, DETERMINES AND RESOLVES AS FOLLOWS: 1. Recitals A through D of this Resolution are incorporated by reference. 2. The public interest and necessity require the project and the taking of the fee simple title in and to the property described in Exhibit "A" for the acquisition and development of a community park and recreation facilities and related public improvements. The purpose and use for which such real property is to be acquired is, among others, providing community park and recreation facilities. 3. The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury 4. The property sought to be acquired, described in Exhibit "A" is necessary for the project 5. The offer required by Government Code section 7267.2 has been made to the respective owner or owners of record of the property 6. The city attorney is directed to institute and conduct to conclusion an eminent domain proceeding for the acquisition of the interests in the real property and to take such action as is necessary and may engage outside counsel as appropriate. 7. This Resolution is effective immediately upon its passage and adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Danville at a meting held on August 18 , 1986 by the following vote: AYES: NOES: ~ ABSENT: ..... Kenne~ Lane, McNeely, Offenhartz, Schlendorf ATTEST: f /j . ~ C~ty ~Clerk Mayor 3 / FOUNDERS TITLE COMPANY Order Mo. 700790882 EXHIBIT "A" Portion of the Northwest 1/4 of Section 35, Township 1 South, Range 1 West, Mount Diablo Base and Meridian, described as follows: Commencing in the center line of the County Road known as Tassajara Road at the most southerly corner of the 55.1 acre parcel of land described in the deed from Howard C. Wood, etux, to A. J. Pitka, etux, dated December 29, 1959 and recorded December 30, 1959, in Book 3525 of Official Records, at Page 376; thence from said point of commencement north 61° 02' west, along said center line, 944.95 feet to the actual point of beginning of the herein described par- cel of land; thence from said point of beginning, continuing along said center line, north 61° 02' west, 447.15 feet; thence north 28° 58' east, 974.18 feet to the northeast line of said 55.1 acre parcel ;thence south 61° 02' east, along said northeast line, 447.15 feet to a point that bears north 28° 50' east from the point of beginning; thence south 28° 58' west, 974.13 feet to the point of beginning. EXCEPTING THEREFROM: That portion thereof lying within the parcel of land· described as Parcel One in the deed to Contra Costa County, recorded May 11, 1981, in Book 10318, Official Records, Page 385. -2- J ,~ ~'~ ® ® ~® ® ® II -t L ~~.~ ~.~ ~'~. S~' ~ ,.~ ~,~aJ 0 0 ~ ~ -~ ~ ~ · ~, ~"~ ~' ~I ~' ~.~ ~, ..... ~ .-. ~...~ ~ ~ .-,,, ¢ ~( NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY FOR A COMMUNITY PARK YOU ARE HEREBY NOTIFIED pursuant to Section 1245.255 of the California Code of Civil Procedure, that the City Council of the City of Danville intends to consider adoption of a Resolution of Necessity to acquire lands in which you have an interest and identified as Assessor Parcel No. 215-090-019, City of Danville, Contra Costa County, State of California and generally shown on the attached map Exhibit "A". The City Council's hearing on the proposed Resolution is set for: MONDAY, AUGUST 18, 1986 at 7:30 p.m. in the City Council Chambers 510 LaGonda Way Danville, CA 94526 At the hearing, the City Council may establish the following: (a) The public interest and necessity require the project consisting of the acquisition and development of a community park; (b) The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project described above; and (d) The offer required by Section 7267.2 of the Government Code (just compensation for acquisition of the property) has been made to the owner or owners of record. YOU ARE FURTHER NOTIFIED THAT you may appear at the hearing above noticed, and be heard. If you wish to appear and be heard on these matters, you are advised to file a written request to do so with the City Clerk within fifteen days from the date this notice was mailed. Please address or deliver your request to appear to: City Clerk City of Danville 510 LaGonda Way Danville, CA 94526 Your failure to file written request to appear and be heard within time specified will result in a waiver of your right to appear and be heard. Mailing Date: August 1, 1986 Statutory Authority: CCP §§1245.235, 1245.230 Hulet C. Hornbeck 535 Main Street Martinez, CA 94553 t August 1, 1986 Ralph H. and Joyce M. McRae 7219 North 83rd Avenue Glendale, Arizona 85303 Dear Mr. & Mrs. McRae: The City of Danville is now in the process of acquiring certain properties for a community park which site includes your property. Fair market value of your property has been determined by an independent appraiser using accepted appraisal procedures. The amount is based on a careful inspection of the property, a study of its possible uses, and recent sales of similar properties. The City has established just compensation for the subject property based upon an approved appraisal which is not less than the appraiser's estimate. The basis for the just compensation for your interest is summarized as: Land Improvements Damages to remaining property $ $788,000 162,000 --0-- 950,000 In consideration of the foregoing and pursuant to Federal and State regulations for public land acquisition, this City hereby offers to purchase your interest (fee title, free and clear) to the designated property for public use for the sum of $950,000. In accordance with Federal and State law, please acknowledge receipt of this letter by signing the attached copy and returning it to this office in the enclosed, stamped envelope. Very truly yours, Hulet C. Hornbeck 535 Main Street Martinez, CA 94553 I received a copy of this letter. Signed: Dated: Signatures on this form do not constitute agreement on value or terms, but only serve to indicate receipt of this letter.