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HomeMy WebLinkAbout025-88 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Rescinding Resolutions of ) RESOLUTION NO.~--S~ Necessity Nos. 73-87 and 79-87 ) Regarding the Sycamore Valley ) Park Site (Park View and Shapell ) Properties) ) ) A. On October 5, 1987 the Town Council adopted Resolution Nos. 73-87 and 79-87 Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Land and Directing the Filing of Eminent Domain Proceedings. Both resolutions involve the Sycamore Valley Park Site property. Resolution No. 73-87 is for the Park View Property described in Exhibit A-1 and Resolution No. 79-87 is for the Shapell property described in Exhibit A-2. B. No eminent domain action has been filed. C. The Town must either file an eminent domain action within six months after the resolutions of necessity were adopted (by April 5, 1988) or rescind the resolutions. (Code of Civil Procedure section 1245.260) NOW THEREFORE, The Town Council of the Town of Danville resolves as follows: 1. Resolution No. 73-87, "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Land and Directing the Filing of Eminent Domain Proceedings (Sycamore Valley Park Site: Park View Property)," is rescinded. 2. Resolution No. 79-87, " Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Land and Directing the Filing of Eminent Domain Proceedings (Shapell Park Site: Shapell Property)," is rescinded. 3. This resolution takes effect immediately. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Danville at a meeting held on March 21 , Page 1 of Resolution No. 25 1988 by the following vote: AYES: Greenberg, Lane, Schlendorf, Ritchey NOES: None ABSENT: None ATTEST: Page 2 of Resolution No. 25 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, ~n the Town of Danville, County of Contra Costa, State of Californi&, 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 7048'56" 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 ntt~ber 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 29°30'47# East, 126.50 feet; South 67017'29" East, 25.44 feet; Southe77°00'47" East, 100.00 feet; .. North 71°44'13# East, 29.22 feet; North 60°29'13x East, 68.53 feet; South 88°15'47# East, 167.00 feet; and sh _l_of 3 e EX B'" '[ E,XHIBIT A-1 to RESOLUTION NO. North 01003'40" i t~235.00 feet to a point ~n/~h,e 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 2°05'08, East; Thence Easterly along said curved right of way of Camino Tassajara through a central angle of 17°14'05" a distance of 345.92 fee%; Thence North 19°19'13m East, 11.00'S Thence North 70044'30" 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 01°04'30" 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 47o31'27" 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 57059'32" 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 p0int of Reginnina. Containing 11.07± acres sh_~_ of 3 t qmza31 i : ; .... T A EXHIBIT A-1 to RESOLUTION NO. 1 · t *' I _.~ , ... Fl. 0 o O ~' ,~ "'..---- t 1" "ZOO ' I I I o I00' ~oo' SYCAMORE VALLEY' PARK PARKYIELd/ ACQu/$/T/ON' //.07 =Ac~ ~5 EXHIBIT A-1 TO RESOLUTION NO. ; / ,., .~ ..'z' -- -- N 0°. .----. I 3; ' T A ", ~ N ;--N"14° tS'Og"'W - 5~,g.G8~' ,r,%~ e. .. --N $~° ~11,'~'"W - Y'/O.G~,' C'TO'I',~ "---.1,4 ~4e I~'Z4."W -- S,'Z. o14' CI'tE.) / '~"~ '~ --~jI,,i'T?eOO, 2~3-W ,.-,!00,~/'Z' -> ,~ · ."',/ / '.,, u / // 'r' / ~'. .~ 5,4.- ~' re-w- z~.,~9' lt! t ~' . / /~' ~,- ~ ~:~- z~' ~'w - ~-Ic..4'7' '~3" W e~50'l '"" "' kt 0· ~,' ~' ~"~ '- ,~ Y'¢ A /"1~ C V'A L. &. ~' Y'~ ~ r,,.N t,~ I,,-,,,~1/ % ilj~Al%fI-- i-°/"'%l'~f~.. V I&~ V V I- ll.J·./ t ~.,&' /oo/-o$ EXHIBIT A-2 %o RESOLUTION NO. -:' E' I31T A SYCAMORE VAT.T,~Y PARK SITZ T~qa~ Descr{ot{gn for Shape]] Acquisition: Parcel "L" of Diablo Highlands Subdivision 6516 in the Town of Danville, County of Contra Costa, State of C&liforl%ia, as said Parcel is shown on the Map thereof recorded in Map Book 309, Pages 8 through 15, on file in the Offioe of the Recorder of laid County. Containing 11.70± Acres Page I of 2 File No. ioo~-o3 EXHIBIT A-2 to RESOLUTION NO. BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Finding and Determining That the ) Public Interest and Necessity ) RESOLUTION NO. 73-87 Require the Acguisition of Certain ) Land and Directing the Filing ) of Eminent Domain Proceedings ) i (sycamore Valley Park Site: Park ) View Property) ) ) RECITALS A. It is necessary and desirable for the Town of Danville to acguire that certain real property as more particularly described in Exhibit "A" attached for the ao~isition and development of a community park and recreation fa~ilities and public improvements, specifically the Sycamore Valley!iParkeite. 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 isplannedor 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. Z NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWNOFDANVILLE 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 "At' 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 0ctober_5----=, 1987 by the following vote: AYES: Lane, 0ffenhartz, Sch]end0rf NOES: May ABSENT: Kennett ~ ~/ Mayor ATTEST: city Clerk e r SYCAMORE VAr,T.~Y PARK J 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 frpm Car1 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 30°53;26# West; Thence Northerly along said right of way through a central angle of 7°48a56# a distance of 156.87 feet to the most Westerly oorner of that Parcel One granted to EaSt Bay Municipal Utility© District by Parkview Properties recorded as instrument n-~ber 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 20°05'08" East, 40.71 feet; South 88030'47" East, 36.72 feet; South 29030'47" East, 126.50 feet; South 67o17'29" East, 25.44 feet; Southe77°00'47" East, 100.00 feet; J North 71°44'13" East, 29.22 feet~ North 60°29~13" East, 68.53 feet; South 88°15t47" East, 167.00 feet; and sh 1of ,:} # 3T'[ North 01003'40" i ~t, 235.00 feet to a point._~n the Southerly right of way of Camino TassaJara being on a curveconcave Southerly having 1150.00 foot radius at which a radial line of said Curve bears North 2°05'08# East; Thence Easterly along said curved right of way of Camino TassaJara through a central angle of 17°14'05" a distance of 345.92 feet; Thence North 19°19'13" East, 11.00'; Thence North 70044'30" 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 01004'30" 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 47031'27" West, 123.31 feet; Thence North 65°59'21" West, 122.81 feet; Thence North 81°33~39" West, 119.35 feet; Thence South 69o24'06" West, 84.44 feet; Thence South 57°59'32" West, 118.93 feet; Thence North 78009'27" West, 120.42 feet; Thence North 58°07'37" West, 129.75 feet; Thence North 86°32'44" West, 77.62 feet; Thence South 70o45'09" West, 99.14 feet to said West ~ine of Section 27; Thence a North 1°04'30" East along said West line of Section 27, a distance of 354.16 feet to the P0int of meqinnina. Containing 11.07+ acres sh 2 of 3 t e~mma~l ?'- ................................. I · r"~"-L ,-.~--,,~"~ _ 'ml~ · C.. e. r~'d'O' t" d, ~. ~,~ · .o F/.. 0 o O ~"A %. m · L"- q,. t o. j .i,, I" "ZOO ' 0 I00' ~00 · .o II c> SYCAMORE VALLEY PARK r PAR&YI~'I~/ ACQuI$tTION II.O? :~Ac~ E'5 -'('t 3IT A . . 'e/e:, mb. J BEFORE THE TOWN COUNCIL OF THE TOWN OI-~ANVILLE In the Matter of: Finding and Determining That the ) Public Interest and Necessity ) RESOLUTION NO. 79-87 Require the Acquisition of Certain ) Land and Directing the Filing ) of Eminent Domain Proceedings ) (Sycamore Valley Park Site: ) Shape11 Property) ) ) B~CITALS 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 ecpuisition 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 t38010. 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 in~eregt and necessity require the m J ! 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 ks 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 r 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 locatede 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 Cova~nmant Code section 7267.2 m 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 October 5 , ,,, 1987 by the following vote: AYES: Lane, 0ffenhartz, Sch]end0rf NOES: May ABSENT: Kennett ~ ~/ Mayor ATTEST: City Clerk e L~ ...... < .... /~. ~.~,Ip -....1 · a, t, . 1'4 0o · / / EXHIBIT A / ,.--N ~r~. 2S'I~PW ~ tl0.Gc,' C'TOTA ~, ~ N I4"IS'Z¢"'W - li,2.14,' ¢'TIE) ,~ : "--N~JJI~'B,~'W -S?..bl'CT~W-) ~,s~ '" .:~ Z ,/,,/N ~l' 2.~4~'W - 3g. aJG' d~q~' ,~,d~,')~,-N ~1ei2'3~' F," II~.&~' I /,,~ ~,.,,~ ~-.~,-~... ,,~,,,~. ......... ,' I,,I 0· [=,"1' ~C~"i=-- I' r'%1'% f%. V It_ v i t- I I ~:/% J %,/, I' /00/-oJ _XHI 3iT A SYCAHORE VA!.T.~.Y PARK SITE T~gal nesor4Dt4on for Shape11Ac~,4s4t~on: Parcel #L# of Diablo Highlands Subdivision 6516 in the Town of Danville, county of Contra Costa, State of California, as said Parcel is shown on the Nap thereof recorded in Hap Book 309, Pages 8 through 15, on file in the Officeof the Recorder of said County. containing 11.70± Acres :~!: · i) i Page X of 2 File No. fom,-o.~