HomeMy WebLinkAboutMINUTES - 08161994 - H.2 r
r
i
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Road Purposes ) No. 94/430
3 Olympic Blvd. Widening ) (Code of Civ. Proc., § 1245.230)
Project, Walnut Creek Area )
4 )
5 The Board of Supervisors of Contra Costa County, California by vote of
6 two-thirds or more of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets and Highways
8 Code section 943, Contra Costa County intends to construct a road reconstruction
9 project, a public improvement to widen and improve portions of Olympic Blvd. and Tice
10 Valley Blvd. in the Walnut Creek area (said improvements are expected to include road
11 reconstruction, street lighting, storm drainage pipes and inlets and a bicycle and
12 pedestrian path) and in connection therewith to acquire interests in certain real property.
13 The property to be acquired consists of six (6) parcels and is generally
14 located in the Walnut Creek area. The said property is more particularly described in
15 Appendix "A", attached hereto and incorporated herein by reference.
16 On August 1, 1994, notice of the County's intention to adopt a resolution of
17 necessity for the acquisition by eminent domain of the property described in Appendix "A"
18 was sent to persons whose names appear on the last equalized County Assessment Roll
19 as the owners of said property. The notice specified August 16, 1994 at 11:00 a.m. in
20 the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,
21 Martinez, California, as the time and place for the hearing thereon.
22 The hearing was held on August 16, 1994, at that time and place, and all
23 interested parties were given an opportunity to be heard and based upon the evidence
24 presented to it, this Board finds, determines and hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will
27 be most compatible with the greatest public good and the least private injury; and
28 ///
tl
1 3. The property described herein is necessary for the proposed project;
2 and
3 4. The offer required by section 7267.2 of the Government Code was
4 made to the owner or owners of record.
5 The County's counsel is hereby AUTHORIZED and EMPOWERED:
6 To acquire in the name of Contra Costa County, by condemnation, the
7 titles, easements and rights of way as set forth in Appendix "A", in and to said real
8 property or interests therein, in accordance with the provisions of eminent domain in the
9 Code of Civil Procedure and the Constitution of California: Parcel 7 is to be acquired in
10 fee simple absolute. Parcels 2T, 4T, 7T-1 and 7T-2 are to be acquired as temporary
11 construction easements. Parcel 4E is to be acquired as a permanent easement.
12 To prepare and prosecute in the County's name such proceedings in the
13 proper court as are necessary for such acquisition.
14 To deposit the probable amount of compensation, based on an appraisal,
15 and to apply to said court for an order permitting the County to take possession and use
16 said real property for said public uses and purposes.
17 PASSED and ADOPTED on August 16, 1994, by the following vote:
18 AYES: Supervisors Smith, DeSaulnier, Torlakson and Powers
19 NOES: None
20 ABSENT: Supervisor Bishop
21 ABSTAIN: None
22 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
23 introduced, passed and adopted by the vote of two-thirds or more of the Board of
24 ///
25 ///
26
27
28 2
1 Supervisors of the Contra Costa County, California, at a meeting of said Board on the
2 date indicated.
3 Dated: August 16, 1994
4
5
Phil Batchelor, Clerk of the Board of Supervisors
6 and County Administrator
7
By:
8 Depu"
9
10
11
12
13
14
15
cc: Public Works Department
16 Real Property Division
Auditor-Controller
17 County Counsel (certified copy)
County Administrator
18
df11 a: olympic.ron
19
20
21
22
23
24
25
26
27
281 3
I'
i
o .
APPENDIX "A„ Road 3441 - Olympic Blvd.
Road Widening
PARCEL 2T, Borgwardt
Ptn. APN 189-011-022
Dwg. RW3441-93
PARCEL 2T: (TEMPORARY CONSTRUCTION EASEMENT to expire December 31, 1995 or at
completion of construction whichever occurs first).
Real property in an unincorporated area of Contra Costa County, California being a portion of the
parcel of land described in the deed to R. Norman Borgwardt, et ux recorded June 23, 1978 in
Book 8893 at page 97 Official Records of said County, described as follows:
Beginning at the southeastern corner of Parcel 2 as said parcel is described in the deed to
Borgwardt (8893 O.R. 97); thence leaving said Point of Beginning along the southerly line of said
parcel 2 south 86041'22"west 12.90 feet; thence leaving said southerly line north 3018'38" west 5.00
feet; thence north 86041'22" east 7.00 feet; thence north 3018'38" west 14.00 feet; thence north
15°06'23' east 15.81 feet; thence north 86041'22" east 5.00 feet to the easterly line of said Borgwardt
parcel (8893 O.R. 97); thence along said line south 3018'38" east 14.00 feet; thence south 86041'22"
west 5.41 feet to the beginning of a non-tangent curve concave to the east, having a radius of
352.24 feet, the center of which curve bears north 84°54'33" east; thence along said curve, through
a central angle of 3°09'15", an arc length of 19.39 feet; thence along a non-tangent line south
18051'00" east 0.67 feet to the Point of Beginning.
Containing an area of 239 square feet of land more or less.
APPENDIX "A�' Road 3441 - Olympic Blvd.
Road Widening
Parcels 4E & 4T
Shell Oil Company
Ptn. A.P.N. 184-311-020
Dwg. B3441-94
PARCEL 4E: (Permanent Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of Lots
thirty seven (37) and thirty eight (38) as shown on the Map of Dewing Park, filed July 24, 1913 in
Book 10 of Maps at page 242, records of said County, described as follows:
Commencing at the most easterly corner of said lot thirty eight (10 M 242); thence along the
southeast line of said lot south 59039'22"west 134.22 feet to the Point of Beginning, said point shall
hereinafter be referred to as Point "A"; thence from the Point of Beginning, continuing along the
southeast line of said lot south 5903922" west 20.00 feet to a point on the easterly right of way line
of Tice Valley Boulevard, from said point a radial line of a non-tangent curve, concave to the east,
having a radius of 570.00 feet, bears north 83054'24" east; thence northerly along said curve, along
the easterly right of way line of said Tice Valley Boulevard, through a central angle of 204658", an
arc distance of 27.68 feet; thence north 3018'38" west 173.00 feet; thence northerly and
northeasterly along a tangent curve, concave to the southeast, having a radius of 20.00 feet,
through a central angle of 62058'00", an arc distance of 21.98 feet to a point on the southerly right
of way line of Olympic Boulevard; thence along said southerly right of way line, north 59039'22" east
29.00 feet; thence leaving last said line, south 16019'44"west 26.00 feet; thence south 3°18'38' east
143.15 feet; thence south 6030'54" west 55.76 feet to the Point of Beginning.
Containing an area of 5,790 square feet of land, more or less.
PARCEL 4T: (Temporary Construction Easement to expire December 31, 1995 or at completion
of construction, whichever occurs first).
Commencing at Point"A" as described in PARCEL ONE of this document thence along the easterly
boundary of said PARCEL ONE, north 6*30'54" east 25.76 feet to the Point of Beginning: thence
from the Point of Beginning continuing along the easterly boundary of PARCEL ONE, north 6030'54'
east 30.00 feet; thence north 3018'38' west 143.15 feet; thence north 16019,44" east 6.00 feet,
thence leaving the easterly boundary of PARCEL ONE, south 48018'38" east 18.36 feet; thence
south 3*18'38" east 55.82 feet; thence north 86041'22" east 13.00 feet; thence south 3*1838" east
45.00 feet- thence south 86041'22" west 13.00 feet; thence south 3018'38" west 44.44 feet; thence
south 41°41'22' west 28.45 feet to the Point of Beginning.
Containing an area of 3,043 square feet of land, more or less.
1
APPENDIX "A" Road 3441 - Olympic Blvd.
Road Widening
PARCELS 7, 7T-1, 7T-2
Dewing Park Recreational Club
Ptn. APN 184-170-040
Dwg. RW 3441-93
PARCEL 7: (FEE TAKE)
Real property in an unincorporated area of Contra Costa County, California being a portion of that
parcel of land described in the deed to the Dewing Park Recreation Club recorded January 29,
1959 in Book 3308 at page 593 Official Records of said County described as follows:
Commencing at the southerly terminus of the easterly line of said Dewing Park Recreation Club
Parcel; thence along the southeasterly line of said parcel south 59039'22"west 271.00 feet to a point
which shall hereinafter be referred to as Point"A'; thence leaving said Point "A" south 59039'22"west
81.10 feet to a point which shall hereinafter be referred to as Point "B" the Point of Beginning;
thence leaving said Point of Beginning continuing along said line south 5903922" west 146.00 feet,-
thence
eet;thence north 53°24'51" east 64.38 feet thence north 59039'22"east 20.00 feet; thence north 66005'51"
east 62.39 feet to the Point of Beginning.
Containing an area of 581 square feet of land more or less.
The Grantor hereby releases and relinquishes any and all abutter's rights of access appurtenant to
Olympic Boulevard along the following described line:
Commencing at the southerly terminus of the easterly line of said Dewing Park Recreation Club
parcel; thence along the northwesterly line of Olympic Boulevard south 59039'22" west 271.00 feet
to Point"A"as described above; said Point"A" being the Point of Beginning for the herein described
line; thence continuing along said northwesterly line south 59039'22" west 81.10 feet to the above
described Point "B"; thence south 66005'51" west 62.39 feet to a point which shall hereinafter be
referred to as Point "C"; thence south 59°3922"west 20.00 feet to a point which shall hereinafter be
referred to as Point"D"; thence south 53°24'51"west 64.38 feet to the southwesterly terminus of the
herein described line.
EXCEPTING THEREFROM a driveway opening 20.00 feet in width which lies between the above
described Points "C" and "D".
PARCEL 7T-1: (TEMPORARY CONSTRUCTION EASEMENT to expire December 31, 1995 or at
completion of construction whichever occurs first)
Beginning at Point "B" as described in the description for PARCEL 7 above; thence leaving said
Point of Beginning south 66005'51" west 62.39 feet; thence south 59039'22" west 20.00 feet; thence
south 53°24'51" west 64.38 feet; to the northwesterly line of Olympic Boulevard; thence along said
line south 59039'22" west 5.00 feet; thence north 30°20'38" west 10.00 feet; thence north 59°39'22"
east 5.00 feet; thence north 53°24'51" east 64.38 feet; thence north 59039'22" east 20.00 feet; thence
Page 1 of 2
north 66°05'51" east 62.39 feet; thence north 59'3922" east 5.00 feet; thence south 30°20'38" east
10.00 feet to the northwesterly line of Olympic Boulevard; thence along said line south 59°39'22"
west 5.00 feet to the Point of Beginning.
Containing an area of 1,560 square feet of land, more or less.
PARCEL 7T-2: (TEMPORARY CONSTRUCTION EASEMENT to expire December 31, 1995 or at
completion of construction, whichever occurs first)
Beginning at Point "A" as described in the description for PARCEL 7 above; thence leaving said
Point of Beginning along the southeasterly line of said Dewing Park Recreation Club Parcel (3308
O.R. 593) south 59039'22" west 43.00 feet; thence north 30020'38" west 10.00 feet; thence north
59039'22" east 43.00 feet; thence south 30°20'38" east 10.00 feet to the Point of Beginning.
Containing an area of 430 square feet of land more or less.
Page 2 of 2
17-1f41 o
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: August 2, 1994
TO: Board of Supervisors
9%*Y4t 4 T k/
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Olympic Blvd Widening - Condemnation
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for
acquisition by eminent domain of real property in the Walnut Creek area for the
construction of road and drainage improvements, and set August 16, 1994, at 11:00
a.m. as the date and time affected owners may appear and be heard as to matters
specified by law under C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project - The project consists of widening Olympic Boulevard from two
to four lanes between Willow Avenue to Newell Avenue in the Walnut Creek area.
In addition, a right turn lane on Tice Valley Road at Olympic Boulevard will be
constructed along with street lighting, storm drainage pipes and inlets, and a
separated two-way bicycle and pedestrian path.
In order to proceed with the project, it is necessary for the County to exercise its
power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedure, notice was given to the following persons whose names and addresses
appear on the last equalized County Assessment Roll:
(See attached Exhibit "A")
This notice consisted of sending by first-class and certified mail on August 1, 1994, a
Notice of Intention which notified these owners that a hearing is scheduled for August 16,
1994, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be heard
on the matters referred to in the notice.
FILED
JOAUG 16 W4
WD OF S MIN!SORS
NM COSTA CO.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
It is necessary to widen the remaining two-lane portion of Olympic between
Willow and Newell because of the traffic congestion problem, to provide
adequate capacity for projected traffic, to provide relief to residential streets,
and to improve access to Highway 24 and 1-680. The traffic congestion
problem exists where vehicles merge while entering the two-lane stretch.
The proposed right turn land from Tice Valley Blvd to Olympic is also
needed to provide adequate capacity for projected traffic.
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.
In conjunction with an Environmental Assessment, the project was planned
with the intent to minimize impact to the property owners as a result of the
findings from the environmental review.
C. The property sought to be acquired is necessary for the project,
The properties to be acquired were determined necessary to provide for the
improvements described in Item 1, above.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the
three items specified in Section II above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under II A, B and C
above, make an additional finding that the offer of compensation required
by Section 7267.2 of the Government Code has been made to the owner
or owners of record, adopt a Resolution of Necessity to acquire the required
property by eminent domain and direct the Board Clerk to file a copy of this
report.
JMW:RB:glo
g:\realprop\lemp\CO2OaOBW.t7
cc: County Administrators Office
County Counsel
Real Property
Board Clerk-If approved by the Board, please file a copy of this report in your records.
Exhibit "A"
Norman R. Borgwardt
Joan I. Borgwardt
962 Carol Lane
Lafayette, CA 94549
Mr. & Mrs. Borgwardt
John H. Russell
Nancy H. Russell
24970 Hesperian Blvd.
Hayward, CA 94545
Mr. & Mrs. Russell
Dewing Park Recreation Club
Attn- Mark Anderson
P.O. Box 2218
Walnut Creek, CA 94596
Mr. Anderson
Mark Anderson
1901 Devil View Place
Walnut Creek, CA 94595
Mr. Anderson
Shell Oil Company
Attn: Chris Christensen
1390 Willow Pass Road, #900
Concord, CA 94520
Mr. Christensen
Dale Adams - Attorney
c/o Shell Oil Company
1738 Grant Street
Concord, CA 94520
Mr. Adams
g:\temp\wplst.t8