HomeMy WebLinkAbout023-87
BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Finding and Determining T4at the )
Public Interest and Necessity )
Require the Acquisition of Certain )
Land and Directing the Filing of )
Eminent Domain Proceedings )
(Camino Tassajara Parkway )
Widening Project) )
)
RESOLUTION NO. 23-87
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 public
improvements to Camino Tassajara Parkway consisting of
a road widening project.
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 Pro-
cedures 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 equal-
ized 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
(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 compen-
sation.
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 incorpo-
rated 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 public improve-
ment consisting of the widening of Camino Tassajara Parkway.
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 properties sought to be acquired, described
in Exhibit "A", are necessary for the project.
2
5. The offer required by Government Code section
7267.2 has been made to the respective owners of record
of the properties.
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 properties
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, APPROVED AND ADOPTED at a meeting of the Town
Council of the Town of Danville at a meeting held on April
6
~,
1987 by the following vote:
AYES:
Kennett, Lane, Offenhartz, Schlendorf
NOES:
None
ABSENT:
ABSTAIN:
None
McNeely
~~~
Mayor 0
ATTEST:
~~rs; ~4~~L
. wn Clerk
3
#844097.37"
12/4/86
Hev. 12/15/86
PARCEL
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG C/\MINO TASSAJARA ROAD
J
All that real property situate in the City of Danvi lie, COunty of Contra
Costa, State of Cal ifornia, described as fol lows:
Being a portion of the lands of ~SI~Qi, et ux. as described in the
grant deed recorded May 21, 1982 in Book 10787 at Page 649, Official Records
of Contra Costa County, more particularly described as fol lows:
BEGINNING at the most easterly corner of Subdivision 6699, fi led February 28,
1986 in 800k 299 of Maps at Page 41, Official Records of C0ntra Costa County,
said point being on the general northerly I ine of said lands of Robert E.
Walton, et uX.j thence easterly along the general northerly I ine of said lands
of Robert E. Walton, et ux. N 880 44' 08" E 63.03 feet to the genenl north-
easterly I ine of said lands of ..se-"' 11-'~, et ux., said I ine being on
the existing centerl ine of Camino Tassajara, as said existing centerl ine is
shown on the documents recorded June 6, 1990 in BOOk 9874 at Page 236,
Official Records of Contra Costa County; thence southeasterly along said
existinQ centerl ine of Camino T;jssajara and the gener-al northeasterly I ine of
said lands of Robert E. Walton, et ux., S 530 02' 22" E 141.31 f.:E:t to the
gener,31 s,~utherly I ine of said lands of Robert E. Vial ton, ot ux. (the bearing
of the existing centerline of Camino Tassajara, for the PUI'pose of this legal
description, taken as S 530 02' 22" E as shown on said documents recorded
June 6, 1980) j thence southwester I y a long the genera I souther I y line of sa i d
lands of Robert E. Walton, et ux. S 42007' 14" W 39.16 feet to a point on a
I ine parallel to and 64 feet measured at" right angles southwesterly from the
proposBd c0nterl ine of Camino Tds:>ajara, as said propos<::d ,;.Jl1terl int~ is shown
un thd s,lid documents recorded June 6, 1980j thence nortlll'lclsterly olong said
pdrallel line, N 530 02' 22" W 187.30 feet to thE.: point ()~ beuilllling.
Containing 6,410 square feet, more or less.
EXHIBIT A"
:'844097.37
12/4/86
Rev. 12/15/86
P ARC!: L (t)
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG CAMINO TASSAJARA ROAD
AI I that real property situate in the City of Denvi lie, County <)f Contra
Costa, Store of California, described as follows:
Being a p.:)rtlon of the lands of ~e!$.., et ux. ,'\,; describ'~d in the
grant deed recorded October 2, 1984 in Book 12000 at Page 593, Official
Records of Contra Costa County, more particul~rly described dS fol lows:
BEGINNING at the most northerly corner of said lands of David L. Gates,
et ux., said point being on the general southwesterly I ine of Camino
Tassajara, as said general southwesterly I ine of Camino Tassajara is shown on
the documents recorded June 6, 1980 in Book 9874 at Page 236, Otfici;JIRecords
o f Conti:! Costa County; thence southeaster I y a long .the genera I southwester I y
I ine at Camino Tassajara, S 530 02' 22" E 60.13 feet .to rhe gener.31 south-
easterly line of said lands of ~~~~, et uX.,(the bearing of the
general southwesterly I ine at Camino Tassajara, fur th~ purpose ofrhis legal
description, taken as S 530 02' 22" E as shown on said docurndnts recorded June
6, 1980); thence southwesterly along the general southedsterly lin,~ of said
lands of D:3vid L. Gates, et ux., S 330 15' 08" \~ 14.0.3 fect to a point on a
I ino pilrallel to and 64 feet merlsured at right angl8s s:)uthwest~rl'{ from the
proposed centerl ine of Camino Tassajara as said proposed c8nterl ine is shown
on the said docLlTlents recorded June 6, 1980; thence north....(~sterly along said
pdr:!llel line, N 530 02' 22" W 60.13 feet to th~ gener31 northwesterly! ine
of sdid 1,'\llds of David L. Gates, et ux.; thence n.:lrth::ldsterly dlong the
general northwesterly line of said lands of David L. Gates, et ux.,
N 330 15' \J81l E 14.03 feet to the point of beginning.
Containing 842 square feet, more or less.
//8,44097.37
12/4/86
Rev ~ 12/1 5/86
PARCEL e
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG CAMINO TASSAJARA ROAD
All that real property situate in the City of Danvi lie, County of Contra
Costa, State of Cal ifornia, described as fol lows:
Being a portion of the lands of ~" et al. as described in the
grant deed recorded Apri I 18, 1985 in Book 12276 at Page 743, Official Records
of Contra Costa County, more particularly described as fol lows:
BEG I NN I r-JG at the most norther I y corner of sa i d I ands of Robert T. McNe ii, et
al., said point being on the existing centerl ine of Camino Tassajaru, as said
existing centerl ine is shown on the docLlTlents recor-ded June 6, 1980 in Book
9874 at Page 236, Official Records of Contra Costa County; thence south-
easterly along said existing centerl ine of Camino Tassajara, S 530 02' 22" E
317.20 feet to the general southeasterly I ine of said lands of Robert T.
McNeil, et al.,(the bearing of the existing centerline of Camino Tassajara,
for the purpose of this legal description, taken as S 530 02' 22" E as shown
on said docllTlents recorded June 6, 1980); thence southwesterly along the
general southeasterly line of said lands of Robert T. McNeil, et al.,
S 3Y IS' 08" W 39.08 feet to a point on a I ine parallel to and 64 feet
rneasured at right angles southwesterly from the proposed canterl ine of Camino
Tassajara, as said proposed centerl ine is shown on said dOClJTlents recorded
June 6, 1980; thence northwesterly along said parallel line, N 530 02' 22" W
317.20 feet to the general northwesterly I ine of said lands of Robert T.
~-1cNe ii, era I.; thence northeaster I y a long the genera I n';)rthwester I Y line of
said lands of Robert T. McNei I, at al., N 330 15' 08" E 39.08 feet to the
point of beginning.
Containing 12,371 square feet, more or less.
~ :A409 7.37
i2l4/86
R<:::v, 12/15/86
PARCEL ~
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG CAMINO TASSAJARA ROAD
All that real property situate in the City of Danvi 11~,County of Contra
Costa, Sta.~e of Cal ifornia, described as follows:
B13ing d portion of the lands of ~" as describerj in rile grant
deed recorded October 12, 1976 in Book 8050 at Page 133, Official Records of
Contra Costa County, more particularly described as fol lows:
BEGINNII-.JG at the most northerly corner of said lands of Gerald L. Mixon, said
point being on the general southwesterly I ine of Camino Tassajara, as said
genera I southwester I y line of Cam i no Tassaj ara is shown on tha documents
recorded June 6, 1980 in Book 9874 at Page 236, Official Records of Contra
Costa County; thence southeasterly along the general southwest~rly I ine of
Camino T;~ssajara S 530 02' 2211 E 146.61 feet, (the bearing or the general
southwester I y line of Cam i no Tassaj ara, for the purpose of th i s I ega I
description, taken as S 530 02' 2211 E as shown on said documents recorded
June 6, 1980); thence S 590 581 22" E 160.46 feet to the general south-
easterly I ine of said lands of Gerald L. Mixon; thence southwesterly along the
general southeasterly line of said lands of Gerald L. Mixon, S 290 57' 3211 W
33.62 feet to a po i nt on a line para II e I to and 64 feet measured at right
angles southwesterly from the proposed centerl ine of Camino Tassajara, as said
proposed centerl ine of Camino Tassajara is shown on said dOCLJT1ents recorded
June 6, 1980; thence northwesterly along said parallel line, N 530 02' 2211 W
309.10 feet to the general northwesterly line of said lands of Garald L.
Mixon; thence northeasterly along the general northwesterly I ine of said lands
of G13rald L. Mixon, N 330 17' 2011 E 14.03 fee~ to the point of beginning.
Containing 5,888 square feet, more or less.
_......,....._. ... ._':A.'___~'_,_.~.,_,,,...'~"
i.:J~~u-; /~. 37
,. i 2/4/86
Rev,' 12/15/86
PARCEL
~
~
LEGAL DESCRIPTION
OF A
S mEET OED I CAT I ON
ALONG CAMINO TASSAJARAROAO
All that real property situate in the City of Danvi lie, County of Contra
Costa, Stare of Cal ifornia, described as follows:
Being d portion of the lands of SI~~e ~~, as described in the grant
deed r<::corded October 22, 1979 in Book 9586 at Page 126, Official Records of
Contra Costa County, more particul~rly described as fol lows:
BEG I NN I NG at the most norther I y corner of sa i d I ands of F. & P. Propert i es,
said point being on the existing centerline of Camino Tassajara as said
existing centerl ine of Camino Tassajara is shown on the docunents recorded
June 6, 1980 in Book 9874 at Page 236, Official Records of Contra Costa
County; thence southeasterly along said existing cenrerl ine of Camino
Tassajara, S 600 04' 22" E 178.60 feet to the general southeasterly I ine of
said lands of F. & P. Properties (the bearing of the existing centerl ine of
Camino Tassajara, for the purpose of this legal de::;..:ription, taken as
S 600 04' 22" E as shown on said documents recorded June 6, 19aO); thence
southwester I y a long the genera I southeaster I y line of sa i d I ands of F.&. P.
Properties, S 290 55' 38" W 39.00 feet to a point on a I ine parallel to and
64 feet measured at right angles southwesterly from the proposed centarl ine of
Camino Tassajara, as said proposed centerl ine is shown on said documents
recorded June 6, 1980; thence northwesterly along said parallel line,
N 600 04' 22" W 58.00 feet to the beginning of a curve concave to the
southwest hav i ng a rad i us of 1,936 feet, sa i d po i nt be i n9 ..d i rect I y oppos i te
proposed centerl ine STA 183+01.38; thence northwesterly 120.68 f~et along said
curve through a centra I ang I e of 30 34' 17" to the genera I northwesterl y line
of said lands of F. &. P. Properties; thence northeasterly along tha general
northwesterly I ine of said lands of F. &. P. Properties, N 290 551 3811 E 42.76
feet to tha point of beginning.
"
Containing 7,116 square feet, more or less.
i844097.37
12/4/86
Rev. 12/15/86
PARCEL
@.'<'
~
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG CAMINO TASSAJARA ROAD
All that real property situate in the City of Oanvi lie, County of Gontra
Costa, State of Cal ifornia, described as follows:
Being a portion of the lands of ~.IIiii..4~"11t~, et ux. as described in the grant
deed recorded January 20, 1983 in Book 11092 at Page 206, Official Records of
Contra Costa County, more particularly described as fol lows:
BEGINNING at the most easterly corner of Parcel A as said parcel' is shown on
Subdivision 6651 fi led Apri I 19, 1986 in Book 302 of Maps at Page 1, Official
Records of Contra Costa County, said point being on the general northwesterly
I ine of said lands of Frank Ricca, et ux.; thence northedst~rly along the
general northwesterly I ine of said lands of Frank Ricco, et ux.,
N 290 55' 38" E 39.00 feet to the most northerly corner of said lands of Frank
Ricca, et ux., said point being on the existing centerl ine of Camino
Tassajara, as said existing center I ine of Camino Tassajara is shown on the
documents recorded June 6,1980 in Book 9874 at Page 236, Official Records of
Contra Costa County; thence southeasterly along said existing centerl ine of
Cam i no Tassaj ara, S 600 04' 22" E 421.00 feet to the genera I southeaster I y
I ine of said lands of Frank Ricca, et ux. (the bearing of, the existing
centerl ine of Camino Tassajara, for the purpose of this legal description,
taken as S 600 04' 22" E as shown on said documents recorded June 6, 1980);
thence southwesterly leaving the existing centerl ine of Camino Tassajara and
along the general southeasterly line of Frank Ricca, et ux., S 29055' 38" W
8.35 feet to a point on a curve concave to the north having a radius of
2,064.00 feet and to which point' a radial I in~ bears S 200 02' 29" 1'/, said
point on ci curve being parallel to and 64 feet measured at right angles
southwesterly from the proposed centerl ine of Camino Tassajara, as said
proposed centerl ine is shown on said documents recorded June 6, 1980; thence
northwesterly 356.12 feet along said parallel ::urve through a central angle of
go 53' 09" to the end of the curve which is directly :)pposite proposed
centerl ino STA 187+05.77; thence northwesterly along said parallel line
N 600 04' 22" W 66.64 feet to the point of beginning.
>.
Containing 12,810 square feet, more or less.
#844097.37
12/4/86
Rev. 12/1 5/86
PARCEL ~
LEGAL DESCRIPTION
OF A
STREET DEDICATION
ALONG CAMINO TASSAJARA ROAD
All that real property situate in the City of Danvi lie, County of Contra
Costa, Stare of Cal ifornia, described as fol lows:
Being a portion of the lands of ~~~ as described in the grant deed
recorded September 11, 1973 in Book 7043 at Page 547, Official Records of
Contra Costa County, more particularly described as fol lows:
BEGINNING at the most northerly corner of said lands of Betty S. Keller, said
point being on the existing centerl ine of Camino Tassajara as said existing
centerl ine of Camino Tassajara Is shown on the docllnents. recorded June 6, 1980
in Book 9874 at Page 236, Official Records of Contra Costa County; thence
southeasterly along the existing centerl ine of Camino Tassajara,
S 600 04' 22" E 44.98 feet to.a point on a curve concave to the north
. having a radius of 2,064.00 feet and to which point a radial I ine bears
S 180 46' 17" W (the bearing of the existing centerl ine of Camino Tassajara,
for the purpose of this legal description, taken as 5 600 04' 22" E as shown
on said documents recorded June 6,1980), said point on ~ curve being parallel
to and 64 feet measured at right angles southwesterly from ~he proposed
centerl ine of Camino Tassajara, ~s said proposed center I ine is shown on said
docl..Vllents recorded June 6, 1980; thence northwesterly 45.75 feet along said
parallel curve through a central angle of 10 16' 12" to the general north-
westerly I ine of said lands of Betty S. Keller; thence northeasterly along the
general northwesterly of said lands of Betty S. Keller, N 290 55' 3<3" E. 8.35
feet to rhe point of beginning.
Containing 192 square feet, mare or less.