HomeMy WebLinkAboutMINUTES - 08131996 - SD4 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3
4 Re: Condemnation of Property for RESOLUTION OF NECESSITY,
Public Purposes - Sandy Cove Lane No. 96/ 439
5 Slide Repair-Bay Point Area (C.C.P. Sec. 1245.230)
6
7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
8 more of its members, RESOLVES THAT:
9 Pursuant to Government Code Section 25350.5 and Streets and Highways Code§ 943,
10 Contra Costa County intends to stabilize a landslide and repair damage to public road
11 improvements and, in connection therewith, acquire certain interests in real property.
12 The property to be acquired consists of three(3) parcels and is generally located in the
13 Bay Point area. The said property is more particularly described in Appendix "A", attached
14 hereto and incorporated herein by this reference.
15 On July 29, 1996, notice of the County's intention to adopt a resolution of necessity for
16 acquisition by eminent domain of the real property described in Appendix "A" was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of
18 said property. The notice specified Tuesday, August 13, 1996 at 10:15 a.m. in the Board of
19 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
20 as the time and place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard. . Based upon the evidence presented to it, this Board finds,
23 determines and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25 2. The proposed project is planned and located in the manner which will be most
26 compatible with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 llJ
1
1 4. The offer required by Section 7267.2 of the Government Code was made to the
2 owner or owners of record.
3 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
4 To acquire in the County's name, by condemnation, the titles, easements and rights of
5 way hereinafter described in and to said real property or interest(s)therein, in accordance with
6 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
7 California:
8 Said property to be acquired is to be acquired in fee simple absolute.
9 To prepare and prosecute in the County's name such proceedings in the proper court
10 as are necessary for such acquisition;
11 To deposit the probable amount of compensation, based on an appraisal, and to apply
12 to said court for an order permitting the County to take possession and use said real property
13 for said public uses and purposes.
14 N
15 N
16 N
17 ///
18 N
19 N
20 ///
21 W
22 N
23
24 IJI
25
26
27 N
28 N
1 2
5h,J�
1 PASSED and ADOPTED on August 13, 1996, by the following vote:
2 AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
3 NOES: None
4 ABSENT: None
5 ABSTAIN: None
6
7 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
8 passed and adopted by the vote of two-thirds or more of the Board of supervisors of the
9 Contra Costa County, California, at a meeting of said Board on the date indicated above.
10 Dated: August 13, 1996
11
Phil Batchelor, Clerk of the Board of
12 Supervisors and County Administrator
13
14 By
Deputy
15
16
17
18
19
20 cc: Public Works Department
Real Property Division
21 Auditor-Controller
County Counsel (certified copy)
22 County Administrator
23
24 H:MDFOTNBRIEFS%SLAIBAYPT-RS.WPD
25
26
27
28
3
APPENDIX "A"
Real property in an unincorporated area, County of Contra Costa, State of California,
described as follows:
PARCEL ONE:
All of those parcels of land including appurtenant easements granted to Gregory L. Lonie
and Kimberly A. Lonie, husband and wife, as joint tenants, by Grant Deed recorded March
31, 1988, in Book 14244 of Official Records at page 699, records of said County.
PARCEL TWO:
All of those parcels of land including appurtenant easements granted to Son N. Tran and
Son Le, an unmarried man, as tenants in common by Grant Deed recorded 2-28-92, in
Book 17265 of Official Records at page 124, records of said County.
PARCEL THREE:
All of those parcels of land including appurtenant easements granted to Karen L. Monroe,
an unmarried person as to an undivided 50% interest, and Michelle L. Roach, an
unmarried person as to an undivided 50% interest, as tenants in common, by Grant Deed
recorded December 15, 1987, in Book 14070 of Official Records at page 138, records of
said County.
NW:9PP
g:4ea1propltempWecSCL.t10
October 3,1896
soil
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
Date: August 6, 1996
TO: Board of Supervisors
FROM: J. Michael Watford, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, August 13, 1996
Sandy Cove,Slide Repair Project, Bay Point Area
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 Bay Point area to stabilize a landslide and repair damage to public
road improvements, and set August 13, 1996, at 10:15 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 Proiect - In late February 1996, a large bedrock landslide began to manifest
movement between Beaulieu Drive and Sandy Cove Lane in Bay Point. Sandy Cove Lane
was originally constructed as part of a 127-unit residential subdivision in 1984-85. Five
to thirty feet of cut was made into the natural hillslope immediately adjacent to the subject
property in order to accommodate the homes at the west end of Sandy Cove Lane. In
1991-92, the 138 homes of the Sea Breeze development were constructed on the upslope
parcel, adjacent to Sandy Cove Lane. From ten to thirty feet of fill was placed atop the
natural slope to provide building pads for homes on Beaulieu Drive, Beaulieu Court and
Beaulieu Place.
All of the sewage and storm runoff from the 138-unit Sea Breeze subdivision is collected
and conveyed through Beaulieu Place, within the active 1996 landslide headscarp. As an
interim emergency measure, storm runoff is being diverted downslope onto Sandy Cove
Lane, and sewage utilities are being diverted via facilities in Waterview Place. Residential
water service to twenty-six residences on Beaulieu Drive, Beaulieu Court and Beaulieu
Place is being maintained in temporary, small diameter above-ground service lines to each
home. Gas and power service have been diverted to temporary lines for nine uphill
residences. To date, the County has purchased five properties on Sandy Cove Lane in
advance of the emergency repairs.
Page 1 of 3
The repair scheme has been amended to include the following:
(1) Compaction grouting of open tension cracks along, within and adjacent to Beaulieu
Drive and Beaulieu Place, including re-leveling of the homes at 1279, 1283, 1287 and 1291
Beaulieu Drive.
(2) Connection of a toe-of-fill keyway buttress at the bottom of the failing cut/fill slope
between Sandy Cove Lane and Beaulieu Drive/Place. This buttress would necessarily include
infilling of approximately 600 lineal feet of the west branch of Willow Creek, between Sandy
Cove Lane and Evora Road. An approximately 600-foot-long sixty-inch diameter culvert will
need to be placed as part of the buttress so that lateral soil pressures are transmitted across
the creek channel. The three additional residences located at 267, 272 and 280 Sandy Cove
Lane will be removed to provide sufficient space to construct this buttress.
(3) An interconnecting system of subdrainsof subdrains, to alleviate excess hydrostatic pressures
within the affected hillside. In addition, subdrains will be constructed around the corrugated
steel pipe culvert to be placed within the active creek channel.
Contra Costa County, through the Real Property Division of the Public Works Department,
has made an offer of just compensation to the owners of record for the rights required for
this project. The offer was based on an appraisal of the fair market value of said property
rights.
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 address appear on the last equalized
County Assessment Roll:
Gregory and Kimberly Lonie Son Ngoc Tran
267 Sandy Cove Lane 280 Sandy Cove Lane
Bay Point, CA 94565 Bay Point, CA 94565
Karen Monroe
Michele Roach
272 Sandy Cove Lane
Bay Point, CA 94565
This notice consisted of sending by first-class and certified mail on July 29, 1996, a Notice
of Intention which notified these owners that a hearing is scheduled for August 13, 1996,
at 10:15 a.m. in the Board's Chambers, at which time they may appear to be heard on the
matters referred to in the notice.
Page 2 of 3
SD.*
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
Public health and the safety of all 138 upslope units are being impacted by the slide,
with twenty-six of those homes directly impacted by temporary utilities service and
ten upslope homes in immediate peril. On the downslope side, some residences
have also been affected, though not as severely as those above. Lateral movement
is occurring under Sandy Cove Lane, moving towards the open creek channel
behind these residences. The three subject homes need to be removed in order to
effect the landslide repair.
B. The project is planned and located in the manner that will be most compatible with
the greatest public good and the least private iniury.
The purpose of the emergency repair is to restore the maximum number of
residential units to reasonable long-term functionality. At the present time, fire
protection and sanitation are most severely impacted for 26 homes in the upper
subdivision, while utilities outflow for all 138 units of the upper subdivision are also
impacted. It is of the greatest necessity to public health and safety to effect a long-
term solution to the massive earth movement before the onset of the next winter.
C. The property sought to be acquired is necessary for the project.
The permanent right of way required for the construction of the project is shown on
the attached drawing (Exhibit "N'). These properties, located at 267, 272 and 280
Sandy Cove Lane, must be acquired and the residences removed in order to provide
sufficient space to construct the buttress and complete repair of the slide.
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, whether the offer of compensation required by Section
72672.2 of the Government Code has been made, or on any other issue which they
would like the Board to consider when deciding whether to adopt the proposed
Resolution of Necessity, except for the issue of compensation.
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:NW:glo
g:kealpropN1emplbdrep.t8
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.
Page 3of3
0
� � N
a
`" ROa4 te.eo�
`� N!•1540 w ^ b
24 nls' N7141 t1^w- e28.t1 P6E�• e
R•,
SKYHARBOUR LANE
•� ar,•S6' y W
d1 `+ ,y Ntt•41'tr•w- 201.11 6Q4
�'r.71 43 43' 43' IS'f0'd J
2
.01
` (� r� ,�1iy �1..` ? H N Q1 OS �••.� 'aT. 7
u O p .,.t 1° 4'!• `;.a
� 1p
is„ W -.•! Cp T
Z
4?.95 W N O `^✓' 3.IL 4 '!° CP
A
•
n h505 W V• A r�'
}� - 45++ 51A` N
m 45�j 45A0 Z 6� O P �y W /�/ •
10.54 0. 1 50.51 •' «• Vo
-a QO a �p • +R R.»s0'� .y..� /y 1
i> 17Sh� " / J� l •�
•51'10'
�0. To 14
W Qt �� 15 u' 45 NOG R•ts• �•b Y
46; W � +' P•ZSt 45, iyoG �-t (r �ry
p�i4ticti1Nu� ; INp1 '4► .tial' N °si1e t yls �� b]s} V` `�,
y K paN I6 • W o W
o r. •9'+i 044w V Vt W a �+ 'A w m N •�
�
V1 g O (J� tP,J T ® Or
z J4e
�' 7► 45.ot 4 Q
�.p� N f t31 1 •� 46.00 45.as .P 4e
y ,U £ sx4o
~ o @a 41,v o o v. W
@C O� °0 7 �L�� !,�• Z, g�O o A Ao`� , 1n L qd � Q
0tT-
'L/ V r}� is uy�a lh
to w y=p
73
14T1
t1A3 t1.5! 45 a t),
.
16* s w
,�°. /�
�O`1'. M� b0 (� J N, COVE 85.02.w.
� � •e. � sttsR xsa s•• 4s W u � $N A'� `4 � �:
W
,pAU
A tip 9+- 1 Z N �te • O P a 4s.at � �1e tr
Yi y0$S W y¢• W ®
Op "P� ''�we r. �o�./ y4q� v C)
"65-
k6.a �4Qrr
0!.5Oµ ` 1%0�• �° 'Jn� 4 N •
w Np0' °i•` R.t4 �q b•P kV'4'N M,NOSb=w ^O 4 VA i t°?• N
° t o � Z a � x'D 2 vw M1'' `r's.U N 0.{•
b'i { ) �'y :j� °iY: �•p 1V y`-J i qti o" A 10 W s.
}w 47w OOd• V a yA y r A'4 oti V ula� -14' iv W a rJ
o t31 � •A� ® e'� N a=•
4p. W : Wta �oe.Ot N_ • 1V I t y o
•' r b mN J. � v0 .w.. 146 A5 tai° ;R� GU ..•. O "��* � a
a J O t}1 4b br 4y. SGWi h.K ♦' N x�. N s 4' ,1'1
t� i ti` fiayw• •^ � �f„�"'� s� \��/ o V. �stire.. a•/o
4, r'ti' •1�0• �� 4�� v v A F cit � v • css ytt.8 ss°'Yt,4t1 s
�4dt% t m w i cJl � 45• � t,tG. s' '� jO
'�7' cA1' °� •5\ 4f to s'E �6 °d J°
t� •tti� • +7.5! x 15.5\ 9 wIo 45
ae,`oy' ti g It'1'`" �+ie.£Gt f 15 N °p7 1 E l.••AN'� gO.i,1\�ey .oa .,.,, s.
a5.51 l z S~o• N L� F o
s ,pis ,► �Yc. �� F
ac'�• . ls5•w5 ��" 1x.K m• 8 rn»L, wO.o N L � 46
N O �+1
•^{i4r N� N $w � �� � � 17.5
�' 45 +5N0fe•el'j7.V-1
s�w
N
N \JORA ROAD ,t1�\oat
E
t
y.n
..--
��tl+N
OD dw
7A
� ^O
. tft