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Home My WebLink About073-87BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE 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 (Sycamore Valley Park Site: Park View Property) RESOLUTION NO. 73-87 RECITALS A. It is necessary and desirable for the Town 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, specifically the Sycamore Valley Park site. B. The Town 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 California, California Code of Civil Procedure sections 1240.010, 1240.030, 1240.050, 1240.110, 1240.120, 1240.210 et seq. and California Government Code §38010. 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 to appear and be heard before the Town 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 Town 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 TOWN COUNCIL OF THE TOWN 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 at the Sycamore Valley Park site. 3. The project is planned and located in the manner that will be most compatible with the greatest public good and that 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 town 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 Town Council of the Town of Danville at a meeting held on following vote: AYES: NOES: ABSENT: Lane, Offenhartz, Schlendorf May Kennett ATTEST: 0ctober_5----, 1987 by the Mayor City Clerk SYCAMORE VALLEY PARK ~-~ Parkview Acquisition Description Beginning at the intersection of the West line of Section 27, Township i South, Range i West, Mount Diablo Base and Meridian and the Southerly right of way of Sycamore Valley Road as described in the Deed from Carl Newbury, et ux, to Contra Costa County recorded February 18, 1963 in Book 4305 of Official Records at Page 355, in the Office of the Recorder, in the Town of Danville, County of Contra Costa, State of California, said Southerly right of way of Sycamore Valley Road being a curve concave Southerly having a 1150.00 foot radius, through which said intersection a radial line of said curve bears North 30053'26" West; Thence Northerly along said right of way through a central angle of 7°48'56" a distance of 156.87 feet to the most Westerly corner of that Parcel One granted to East Bay Municipal Utility District by Parkview Properties recorded as instrument number 85-26464 in Book 12210 Pages 674 through 679 on March 5, 1985, on file in said Recorders office; Thence Along the Westerly, Southerly and Easterly boundary of said Parcel One the following courses (bearings have been rotated 17" from record to conform to field survey data): South 20005'08" East, 40.71 feet; South 88030'47" East, 36.72 feet; South 29030'47" East, 126.50 feet; South 67°17'29" East, 25.44 feet; Southe77°00'47" East, 100.00 feet; North 71°44'13" East, 29.22 feet; North 60°29'13" East, 68.53 feet; South 88015'47" East, 167.00 feet; and sh ~ of 3 t j J~ ~.. ,~ 'North 01o03'40" i ~t, 235.00 feet to a point ~n the Southerly right of way of Camino Tassajara being on a curve concave Southerly having 1150.00 foot radius at which a radial line of said curve bears North 2o05'08" East; Thence Easterly along said curved right of way of Camino Tassajara through a central angle of 17o14'05" a distance of 345.92 feet; Thence North 19°19'13" East, 11.00'; Thence North 70o44'30" West, 165.36 feet to the northwest corner of Parcel L of Diablo Highlands Subdivision 6516 per the map thereof recorded in Map Book 309, Pages 8 through 15, on file in the Office of said Recorder; Thence South 01o04'30'* West along the Westerly line of said Parcel L, 591.96 feet to the southwest corner of said Parcel L; Thence North 75°03'15" West, 233.88 feet; Thence North 47°31'27*' West, 123.31 feet; Thence North 65°59'21" West, 122.81 feet; Thence North 81033'39" West, 119.35 feet; Thence South 69°24'06'* West, 84.44 feet; Thence South 57o59'32" West, 118.93 feet; Thence North 78009'27'* West, 120.42 feet; Thence North 58007'37" West, 129.75 feet; Thence North 86032'44" West, 77.62 feet; Thence South 70o45'09" West, 99.14 feet to said West Line of Section 27; Thence North l°04'30# East along said West line of Section 27, a distance of 354.16 feet to the P0~ntof Beainninq. Containing 11.07± acres gmza31 N II sh 2 of t j. lii w~ 7&ZZ 000 "~q4 e)ee ) wq*q IL t.).~' ~r~. __ Fl. OO l) %v,A r ~/~ %-- \ \ I \ I 0 I /" "2.00 ' I I00' I 200' % ? SYCAMORE VALLEY PAR~Y/EI, v' ACQu/$, 7'/ON /1.07 rathE5 & 3.T A PAR K 511 OF 3 6/87 ,,.~.