HomeMy WebLinkAboutRESOLUTIONS - 10041994 - 94-501 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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5 Re: Condemnation of Property for RESOLUTION OF NECESSITY
the State Route 4/Bailey Road NO. 93/266 AS AMENDED
6 Interchange Improvement Project,
Bay Point Area Project RE-ADOPTED AS RESOLUTION OF
7 No. 4660-6X4158 NECESSITY NO. 94/501
8 (C.C.P. §1245.230)
(C.C.P. §1240.610)
9 (C.C.P. §1240.510)
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12 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds of its
13 members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
14 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors
15 ("Board"), the governing body of Contra Costa County, California("County"), adopted
16 RESOLUTION OF NECESSITY NO. 93/226 by a unanimous vote.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of Parcels
18 51260-1, 51260-2, 51260-3, and 51260-5, sub-parcels of a single parcel (hereinafter referred to as
19 the "Property") by eminent domain. Other parcels were included, but have since been acquired.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Property is to be taken ("a road reconstruction project, a public
22 improvement, to widen State Highway 4 at Bailey Road") as distinguished from a detailed
23 description of the project for which the Property is required.
24 4. The general statement of the public use contained in RESOLUTION OF
25 NECESSITY NO. 93/266 was intended by the Board to describe a public use for a road
26 reconstruction project required by and for the integrated intermodal public transportation project
27 described in ihe"Strate Route 4/Bailey_Road Interchange Project Environmental Impact Report
28 dated September 1991 ("EIR"). —
EXHIBIT "A"
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1 5. The State Route 4/Bailey Road Interchange Improvement Proiect EIR describes in
2 detail said integrated intermodal public transportation project and its purpose. A copy of the EIR
3 Project Description Summary set out at Section 1.I of the EIR is attached hereto as Exhibit B and
4 incorporated herein by reference. The EIR, approved and certified by the Board on October 8,
5 1991, and was reviewed and considered by the Board prior to approving the State Route 4/Bailey
6 Road Interchange Improvement Project . A copy of said certification is attached hereto as
7 Exhibit C.
8 6. Pursuant to Public Resources Code Section 21092 County gave written notice of
9 the preparation of the draft State Route 4/Bailey Road Interchange Project Environmental Impact
10 Report, invited comments, and held public hearings on said draft EIR prior to the adoption of the
11 EIR by the County. The owner of Parcels 51260-1, 51260-2, 51260-3, and 51260-5 was given
12 said written notice, a copy of which together with the relevant portion of the mailing list is
13 attached hereto as Exhibit D and incorporated herein by reference.
14 7. Features of the State Route 4/Bailey Road Interchange Improvement Project
15 include a highway/freeway/interchange/surface street improvement component, a Bay Area Rapid
16 Transit District ("BART") rail extension component, a BART Bailey Road Station component, a
17 BART Bailey Road Station Parking Facility component, and a bicycle and pedestrian component.
18 The components together comprise an integrated intermodal public transportation project; and are
19 each necessary features of said joint BART, California Department of Transportation ("Caltrans"),
20 County and Contra Costa Transportation Authority("CCTA") project.
21 8. The BART, highway/freeway/interchange/surface street, bicycle trail and pedestrian
22 components of the State Route 4/Bailey Road Interchange Project are all related to the purpose
23 and objective of the project, to-wit: an integrated intermodal public transportation project as
24 described in the EIR; and the interrelated components are required for the protection and
25 preservation of the usefulness and safety of the project.
26 9. At the public hearing held at the Board of Supervisors meeting of April 27, 1993,
27 prerequisite to consideration of the adoption of RESOLUTION OF NECESSITY NO. 93/226,
28 no written or oral objections were made by any property owner or their representative. In
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1 particular, no objections were made that the general statement of the public use contained in the
2 proposed Resolution of Necessity did not adequately describe all of the features of the integrated
3 intermodal public transportation project as described in the EIR.
4 10. The acquisition by County of the real property required for the joint State Route
5 4/Bailey Road Interchange Project is authorized by the Cooperative Agreements.Dated December
6 5, 1990 (Cooperative Agreement 14.00.00); June 20, 1990 (Cooperative Agreement 14.01.02);
7 May 20, 1992 (Cooperative Agreement 21.00.02); and January 11, 1993 (Cooperative Agreement
8 90.14.02.00) which Cooperatives Agreements are attached hereto as Exhibit E and incorporated
9 herein by reference.
10 11. The four Cooperative Agreements together were intended to be collectively an
11 agreement for the joint exercise of the respective powers of eminent domain of the parties within
12 the meaning of Code of Civil Code of Procedure Section 1240.140 whereby Contra Costa County
13 was authorized by BART, Caltrans and CCTA to exercise their respective powers of eminent
14 domain to acquire the property necessary for the State Route 4/Bailey Road Interchange Project.
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16 12. In an eminent domain action [Contra Costa County v. North State Development
17 Co. Contra Costa Superior Court No. C93-02098] to acquire Parcels 51260-1, 51260-2, 51260-3,
18 and 51260-5 described in RESOLUTION OF NECESSITY NO. 93/226, the owner has claimed
19 that the BART component of the State Route 4/Bailey Road Interchange Project is not a part of
20 the general statement of public use alleged in the eminent domain complaint. Said eminent domain
21 complaint incorporates said Resolution of Necessity by reference together with the general
22 statement of the public use contained in RESOLUTION OF NECESSITY NO. 93/226. The
23 owner further threatens to challenge the statutory authority of Contra Costa County to acquire the
24 Property for the joint public transportation project.
25 13. On September 20, 1994, the Board approved and the County entered into an
26 Agreement between and previously approved by Caltrans, BART, and CCTA which Agreement
27 was entitled an Agreement for the Joint Exercise of the Power of Eminent Domain for the Bailey
28 Road Interchange Project (a copy of which is attached as Exhibit F and incorporated herein by
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1 reference). Said Agreement between the County, Caltrans, BART and CCTA was intended to be
2 a Code of Civil Code of Procedure Section 1240.140 agreement for the joint exercise of their
3 respective powers of eminent domain by County to acquire the properties required by the State
4 Route 4/Bailey Road Interchange Improvement Project. It is the County's position that said
5 Cooperative Agreements constituted an agreement for the joint exercise of the power of eminent
6 domain within the meaning of Code of Civil Procedure Section 1240.140. Rather than to litigate a
7 legal challenge to the sufficiency of said Cooperative Agreements, it was the purpose of said
8 Resolution adopting said Agreement for the Joint Exercise of the Power of Eminent Domain to
9 clarify and reaffirm said Cooperative Agreements in the form of a single integrated joint exercise of
10 powers agreement executed by all the Public Agencies party thereto.
11 14. It is the position of County that Code of Civil procedure Section 1245.230(a)
12 requires only a general statement of the public use for which the property is to be taken and that
13 RESOLUTION OF NECESSITY NO. 93/226 contained a sufficient general statement. Rather
14 than to litigate a legal challenge to the sufficiency of said general statement, it is the purpose of this
15 Resolution: (a)to more particularly describe the public use intended by the Board in
16 RESOLUTION OF NECESSITY NO. 93/226 so as to clarify and to clear up any uncertainty or
17 ambiguity in said general statement of the public use; and (b)to supplement and more particularly
18 reference the statutes which authorize the County to acquire the Property by eminent domain for
19 the joint public transportation project.
20 15. Contra Costa County seeks to acquire a single Parcel 51260 which parcel is divided
21 into Sub-Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (referred to collectively herein as the
22 "Property"). Said Property is described in Appendix "A" attached hereto and incorporated herein
23 by reference. The Property sought to be acquired is a part of a single larger parcel.
.24 16. The public use generally described as the State Route 4/Bailey Road Interchange
25 Improvement Project, a road reconstruction project, which requires the acquisition of the Property
26 sought to be acquired and condemned herein is:
27 for the purposes of a road reconstruction project known as the State Route 4/Bailey Road
28 Interchange Improvement Project. The State Route 4/Bailey Road Interchange
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I Improvement Project is a joint intermodal public transportation project and is hereinafter
2 referred to as the "Project". The Project is a public use, and is more particularly described
3 as follows:
4 An intermodal public transportation Project, which Project is a joint Project
5 of the Bay Area Rapid Transit District, the State of California (Department
6 of Transportation), Contra Costa Transportation Authority, and Contra
7 Costa County. Said intermodal public transportation Project shall include
8 the joint construction of improvements consisting of the widening and
9 improving of State Highway Route 4 between Willow Pass Road in
10 Concord to Railroad Avenue in Pittsburg, which improvement includes
11 reconstructing the Bailey Road Interchange on State Highway Route 4 in
12 the City of Pittsburg and Contra Costa County; and providing a median of
13 sufficient width to accommodate a BART rail system and a six lane
14 highway, expandable to eight lanes; construction of BART transit facilities
15 up to subballast in the Route 4 median including station platform and
16 foundation at the Bailey Road Interchange and the construction of parking
17 facilities servicing the BART Bailey Road station; and pedestrian
18 improvements and a bicycle path. All references to the Project herein
19 includes all of the above features and components, together with all
20 supporting features necessary to protect or preserve the safety and
21 usefulness of the Project as a integrated intermodal transportation system.
22 17. The County entered into agreements, pursuant to Code of Civil Procedure
23 §1240.140 with the San Francisco Bay Area Rapid Transit ("BART") , the State of California,
24 acting by and through the Department of Transportation ("Caltrans"), and the Contra Costa
25 Transportation Authority("CCTA")for the joint exercise of their respective powers of eminent
26 domain for the acquisition of the property described herein in the name of the County for the
27 public use herein,set forth. BART, Caltrans, CCTA, and County which are a party to said
28 agreements are referred to herein collectively as the " the Public Agencies." Said agreements are
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1 in the form of Cooperative Agreements and an Agreement for the Joint Exercise of the Power of
2 Eminent Domain, and are attached hereto as Exhibits E and F respectively and incorporated herein
3 by reference. Said Cooperative Agreements and the Agreement for the Joint Exercise of the
4 Power of Eminent Domain are collectively referred to herein as the "JPA".
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6 18. The respective public purposes requiring the Route 4/Bailey Road reconstruction
7 project for each of said sub-parcels are as follows:
8 A. Parcels 51260-1. 51260-2 and 51260-5: for joint-use for State, County and
9 BART purposes, more particularly described as follows:
10 i. For State and County highway and freeway purposes: to
11 reconstruct the Bailey Road Interchange on State Highway Route 4
12 in the City of Pittsburg and Contra Costa County; and the widening
13 and improving of State Highway Route 4.
14 ii. For BART purposes: to provide a median of sufficient width to
15 accommodate a BART rail system and the construction of BART
16 transit facilities up to subballast in the Route 4 median including the
17 Bailey Road BART station platform and foundation.
18 B. Parcel 51260-3: For BART purposes: for the Bailey Road BART Station
19 parking lot servicing the Bailey Road BART Station.
20 19. Providing public transportation is a function of the County.
21 20. The statutes that authorizes County to acquire the property described in Appendix
22 "A" by eminent domain are specified in the alternative as follows:
23 A. AS A JOINT EXERCISE OF THE RESPECTIVE POWERS OF
24 EMINENT DOMAIN POSSESSED BY THE STATE BART AND THE
25 COUNTY. Pursuant to Code of Civil Procedure §1240.140, the respective
26 powers of eminent domain possessed by the Public Agencies party to the
27 JPA are:
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1 i. COUNTY: Government Code Section 25350.5 Streets and
2 Highway Code Sections 943(a) and 941.1, Code of Civil Procedure
3 Section 1240.120(a). and Government Code Section 26006.
4 County is authorized by statute to acquire said property for
5 highway, freeway and public transportation purposes and for the
6 purpose of carrying out and making effective the principal purpose
7 of the public transportation project, including uses for the protection
8 and preservations of the safety and usefulness of the public
9 transportation project.
10 ii. STATE: Streets and Highways Code Section 102. State is
11 authorized by statute to acquire for State highway purposes;
12 iii. BART: Public Utilities Code Sections 28953, 29030 and 29031.
13 BART is authorized to acquire for BART rapid transit purposes
14 including rights-of-way, rail lines, stations, platforms and parking
15 lots and facilities necessary for said rapid transit service.
16 B. FOR COUNTY HIGHWAY AND PUBLIC TRANSPORTATION
17 PURPOSES . (i)Pursuant to Government Code Section 25350.5 and
18 Streets and Highway Code Section 943 for County highway, County public
19 transportation and County public parking purposes; and (ii)Pursuant to
20 Code of Civil Procedure Section 1240.120(a); Government Code Section
21 25350.5; Streets and Highway Code Section 943 as an acquisition necessary
22 to carry out and make effective the principal purpose for highway and
23 public transportation use.
24 C. FOR COUNTY PUBLIC TRANSPORTATION AND HIGHWAY
25 PURPOSES TO BE CONVEYED TO THE STATE FOR STATE
26 HIGHWAY PURPOSES AND TO BART FOR BART RAPID TRANSIT
27 PURPOSES. Pursuant to Code of Civil Procedure Sections 1240.120(a)
28 and 1240(b), Government Code Sections 25350.5, Streets and
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1 Highways Code Sections 15, 113, 943, and Public Utilities Code 28970:
2 i. for highway and public transportation purposes, which property to
3 be acquired herein is to be conveyed upon completion of the Project
4 to the Caltrans, for State highway purposes; and
5 ii. for rapid transit use together with required station and parking
6 facilities, which property acquired herein is to be conveyed upon
7 completion of construction of the Project to BART.
8 21. The Property to be acquired is generally located in the Pittsburg, Bay Point area.
9 22. On April 8, 1993, notice of the County's intention to adopt a resolution of necessity
10 for acquisition by eminent domain of the Property described in Appendix "A" was sent to persons
11 whose names appear on the last equalized County Assessment role as owners of said property.
12 The Notice specified April 27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in the
13 Administration Building, 651 Pine St., Martinez, California as the time and place for the hearing.
14 23. The hearing was held at that time and place and all interested parties were given an
15 opportunity to be heard. Based upon the evidence presented to it, this Board found, determined
16 and thereby declared the following:
17 A. The public interest and necessity require the proposed project.
18 B. The proposed project is planned and located in the manner which will be
19 most compatible with the greatest public good and the least private injury.
20 C. The property described herein is necessary for the proposed project.
21 D. The offer required by and consistent with section 7267.2 of the Government
22 Code, together with the accompanying statement of the amount established
23 as just compensation, was made to the owner or owners of record.
24 E. Some of the property sought to be acquired is appropriated to a public use.
25 The determination and finding is made that the proposed use is a more
26 necessary use than the use to which the property is now appropriated, or a
27 compatible public use. This resolution is adopted pursuant to Code of Civil
28 procedure sections 1240.510 and 1240.610.
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1 F. All conditions necessary to establish the right to take the property required
2 for the highway project have been complied with.
3 On April 27, 1993 RESOLUTION OF NECESSITY NO. 93/226 was passed and adopted
4 by a unanimous vote of the Board.
5 24. On September 15, 1994, notice of the County's intention to amend and re-adopt as
6 amended RESOLUTION OF NECESSITY NO. 93/226 for acquisition by eminent domain of the
7 real property described in Appendix "A" was sent to persons whose names appear on the last
8 equalized County Assessment role as owners of said property. The Notice specified October 4,
9 1994, at 11 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
10 Street, Martinez, California, as the time and place for the hearing thereon.
11 25. The hearing was held at that time and place, and all interested parties were given an
12 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
13 hereby declares the following:
14 A. The public interest and necessity require the proposed Project.
15 B. The proposed Project is planned and located in the manner which will be
16 most compatible with the greatest public good and the least private injury.
17 C. The property described herein is necessary for the proposed Project.
18 D. The offer required by and consistent with section 7267.2 of the Government
19 Code, together with the accompanying statement of the amount established
20 as just compensation, was made to the owner or owners of record.
21 E. All conditions necessary to establish the right to take the property required
22 for the project have been complied with.
23 26. The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
24 To acquire in the County's name, by condemnation, the Property described in Appendix "A",
25 attached hereto and incorporated herein by this reference in accordance with the provisions for
26 eminent domain in the Code of Civil Procedure and the Constitution of California:
27 The following sub-parcels are to be acquired in fee simple absolute: 51260-1, 51260-2 and
28 51260-3.
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I The following sub-parcel is to be acquired as a temporary construction easement: 51260-5.
2 To prepare and prosecute in the County's name such proceedings in the proper court.as are
3 necessary for such acquisition;
4 To deposit the probable amount of compensation, based on an appraisal, and to apply to
5 said court for an order permitting the Count to take immediate possession and use said real
6 property for said public purposes and uses and to continue in possession.
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8 Adoption of this Resolution on October 4, 1994 1994 by the following vote:
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10 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
11 NOES: None
12 ABSENT: None
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14 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
16 County, California, at a meeting of said Board on the date indicated.
17 Dated: October 4 51994
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I=certify that this is a true and correct copyof
2 O an action taken and entered on the minutes of the
Board of Supp f�nithe date shown.
ATTESTED:stV i_ 199!____
21 PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
22 By Deputy
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