HomeMy WebLinkAboutMINUTES - 09141999 - SD12 THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 14, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulrber and Canciaw il°a
NOES: None
ABSENT: ?gone
ABSTAIN: Mone
SUBJECT: CONDEMNATION HEARING, STATE ROUTE 4 EAST PROJECT/
BAILEY COAD TO RAILROAD AVENUE, PITTSBURG AREA
On this date, the Burd of Supervisors opened a hearing to consider adoption of a
Resolution ofN-ccessity for acquisition by eminent domains of real proper«y required for
the State route 4 East Project/Bailey Road to Railroad Avenue, Pittsburgarea.
There were no requests to speak on the matter.
Following further discussion, the Board,took the following act°ors:
CLOSED the public hearing; ADOPTED Resolution No. 99/436, a resolution of
Necessity for acquisition by eminent domain of real property required for the State Route
4 East Project/Bailey Road to Railroad Avenue, Pittsburgarea.
3 hereby certify that the foregoing is a true and
co =t copy of an action taken and entered on the
minutes of the Board of Supervisors on the date
shown. �
Phil Matchelor,Clerk of the Board
of su -visors and County Administt a'o-
�r
y ",' �vDeputy
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property RESOLUTION CSF NECESST 'V
G. For Public Road Purposes, No, 99/436
4 State Route 4 East Project (C.C.P. Sec. 1245.230)
Pittsburg Area
6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
7 more of its members,RESOLVES that:
8 Pursuantto Govern ment Code Section 25350.5 and Streets & Highways Code Section
9 943, Contra Costa County intends to construct a road reconstruction project, a public
10 r. improvement, to widen and improve State Route 4 between Bailey Road and Railroad Avenue in
11 Pittsburg, and, in connection therewith, acquire interests in certain real property,
12 The property to be acquired consists of one parcel and is generally located in the
13 Pittsburg area. The said property is more particularly described in Appendix"A", attached
14 hereto and incorporated herein by this reference.
5L s
On August 25, 1998, notice of the County's intention to adopt a resolution of necessity
16 for acquisition by eminent domain of the real property described in Appendix"A"was sent to
17 person whose name appears on the last equalized County Assessment Roll as owner of said
18 property. The notice specified September 14, 1999, at 9:00 am. in the Board of Supervisors
sx
19
i Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
20 , 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 and based upon the evidence presented to it, this Board finds, determines
23 and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25
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 tj 3. The property described herein is necessary for the proposed project; and
RESOLUTION NO. 99/436
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 acrd EMPOWER ED:
4 To acquire in the County's name,by condemnation, the titles, casements 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 ol'Civil Procedure and the Constitution of
7 California:
8 Parcel 56693-3 is to be acquired as a permanent casement.
9 To prepare and prosecute in the County's name such proceedings in the proper court as
10 are necessary for such acquisition;
11 To deposit the probable amount of cornoerisation,based on an appraisal, and to apply to
12sai id court for an.order permitting the County to take itn -mediate possession and use said real
13 3, property for said public uses and purposes.
14 PASSED and ADOPTED on S
Wigm.ber 14 1999 ,by the following vote:
15 AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNTER and CANCIAMI3LA
16 NOES: N ON E
17 ABSE T: NONE ABSTAIN: NONE
18 1 HEREBY CERTIFY that the foregoing resolution was dully and regularly introduced,
19 passed and adopted by the vote of two thirds or rnore of the Board of Supervisors of Contra
20 Costa County, California, at a meeting of said Board on the date indicated,
21
22 Dated
All
23
24 Orig. Dept.: Public Works Dapartment(R/P,
25 Contact: Auditor-Controller
County Counsel (Certified Copy)
26
27 1:%CL_PR\C0NDEM.N\marres.W?D
28
11 RESOLUTION NO, 99/436 2
CSty of Pittsburg 04-CC-4
County of Contra Costa Marjar Ofnesh
56693-3
APPENDIX "All
Parcel 3 (56693-3)
(Gas Line Easement)
A Gas line Easement, located in a portion of Parcel B as said parcel is shown. on Subdivision
Map Number 63413, recorded on August 2, 1985 in Book 292 of Maps at page 7 in the Office of
the County Recorder of Contra Costa County, California, more particularly described as follows:
BEGINNING at a point on the w6sterfy line of. said Parcel B at the intersection of the northerly
Hne of the non-exclusive easement and right of way for Ingress and egress to Pacific Gas and
Electric Company recorded or, January 31, 1962, In Book 4047 of Of Records at Page 281
in sa-d Office of the County Recorder of Contra Costa County, when=ce the southwest comer of
said Parcel B bears S.01*1513"W. 10.668 meters;
thence along the nor-herly line of said easement S.8811464TE. 114.319 meters;
thence departing last said line 5.01014'18"W. 6.0950 meters to a point on the nio&mdy fine of a
4.572 meter Wide Pact Gas and Electric Company easement recorded November 10, 1954 in
Liber 2416 at Page 216 in said Office of the County Recorder of Contra Costa County;
thence along last,said fine N.661145¢42'° $. 114.321 meters to the westerly Hne of said Parcel B;
thence along 'last said line N.0101541 E. 6.095 meters to the Point of Beginning,
Containing 696,8 square meters (7,500 square feet; more or less.
Bearings and distances used in the above descriptions are based on the California Coordinate
System of 1983, Zone Ill. Multiply distances shown by 1.0000639 to obtain ground distances.
This real property description has beer, prepared by me, or under my direction, in Conformance
with the Professional Land Surveyors Act,
r
S1g'ature4 Licensed,-,"�Llandnurvaynr
4322
OF C
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: September 75 1999
TO: Bard of Supervisors
FROM: . , Michael el Walford, Public Works Director
SUBJECT- Report Re. Condemnation Hearing, saber 14 1999
State Route 4 mast Project/Bailey Road to Railroad Avenue, Pittsburg ,Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the public
Works Director, on behalf of Contra Costa County, seat a Notice of Intention to Adopt a
Resolution of Necessity for acquisition by eminent domain of real property in the Pittsburg
area for the purpose of widening and improving a portion of State Route 4 b t'vVe n Bailey
Road and Railroad avenue; and set F ue d y, September 14, 1999, at 9.00 a.m. and
thereafter as the date and time affected users may appear and be heard as to matters
specified by law under C. .1 . Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the follo ing report 'is made for the Board's
information and Consideration prig to taking action ;upon said hearing.
1. Eroposed Pry s The proposed project will reduce the level of congestion through
the project area and prepare the freeway corridor for future planned BARTD
improvements. State Route 4 between Bailey Road and Railroad avenue will be
widened from the present four lanes to eight lanes plus a gide median for future
BARTD use. The median shoulders between Route 242 and Bailey Road will also
be rostripod to provide an HOV lame in each direction.
All rights € ecess ry for the construction of the project have already been acquired,
either by successful negotiation or the eminent domain process, except for
permanent utility easement. This easement is required to move PG&E facilities
away from the new road alignment on the north side of Route 4. `these facilities
were discovered during potholing activities prig to commencement of the project.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made ars offer of just compensation to the owner of record for the
rights required for this prosect, The offer was based on an appraisal of the fair
market value of said properly rights. Boal Property staff is currently negotiating with
owner of the subject property to acquire the required rights.
Construction on the project has begun. In order to avoid costly delays in
constructing road improvements on the westbound section of State Route 4, it is
necessary for Contra Costa County to exercise its power of eminent domain. This
will not prevent continued negotiation with the property owner. Pursuant to Section
1245.235 of the Code of Civil Procedure, notice was given to the following persons
whose name and address appear on the last equalized County Assessment Roll
and any other persons known to have an interest in the property that a hearing is
scheduled for Tuesday, September 14, 1999, at 9:00 a.m. and thereafter in the
Board's Chambers, at which time they may appear to be heard on the matters
referred to in the notice.
Dinesh Manlar James Graeb, Esq.
c/o Diversified Investment c/o Diversified Investment
400 Oyster Point Blvd. #415 400 Oyster Point Blvd. #415
S. San Francisco, CA 94080 S. San Francisco, CA 94080
$�De ofHea�ring Per C.C.P. Section 1245.235
A Public interest and Necessity re wire the proposed oroiect.
Since the completion of the Willow Pass Grade Lowering and State Route
4/Bailey Road Interchange Reconstruction projects, the four-lane section
east of Bailey Road has become a constraint which severely limits the
freeway's capacity to handle peak traffic demand in both eastbound and
westbound directions, According to the Association of Bay Area
Governments' 1994 projections, growth in East County will increase traffic
demands well beyond State Route 4's current capacity. The proposed
project will help reduce traffic congestion and, more importantly, allow for
future BARTD improvements that will decrease traffic delays in Past Contra
Costa County.
BThe pMLe 11
pt is planned and located in the manner that will be Most coTpgtibie
with t I u .
Several alternative alignments were considered during the planning stage of
this project. In the alignments not selected, the impacts to residential
properties were considerably higher, requiring the displacement and
relocation of .,twenty to thirty residential households. With the chosen
alignment, however, most of the impact is absorbed by PG&E's utility corridor
north of the freeway. PG&E has indicated that they will not Need to relocate
the towers in this corridor which support the overhead electrical transmission
llne&
C. The progerty sought to be accuired is necessary for ttgro'ect.
_p .i
The property sought for this project is necessary for construct-on of the
roadway 'improvements, Existing PG&E gas transmission facilities nnust be
relocated away from the new freeway alignment. These facilities are
currently located on the subject property and will be moved approximately
twenty feet to the north beneath an existing PG&E access road. No
it will be affected by the proposed taking.
D. The offer of he Government
Code has been made to the owner or owners of record.
Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section 11 above, whether the offer of compensation
required by Section 7267
B. .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 11 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.
N
\\PWSI\SHAR:)A'A\GrpOata\RealProp\':999-Fiies\99-9\C(20hwy4-3.doc
Septernber 2, 1999
cc: County AdminIstrator"s Office
County Counsel
.Real Properly
Board Clerk-if approved by the Board,pease file a copy of"his report in your records
City of Pittsburg 04-CC-4
County of Contra Ccsta Ilnlar Dinesh
66693-3
XPPENDIr
Parcel 3 (56693-3)
(Gas Line Easement)
A Gas llrre Easement, located in a portion of Parcel B as said parcel is shown on Subdivision
Mao Number 6349, recorded an August 2, 1966 in Book 292 of laps at page 7 !n the 05 of
the County Recorder of Contra Costa County, California, more par c la y d�scrlb d follows:
BEGINNING att a point on the westedy lire of said Parcel B at the intersection of the northerly
line of ,,he non-exclusive easement and right of way for ingress and egress to Pacific Gas and
Electric Company recorded on January 31, 1962, in Book 4€ 47 of Official Records at Page 261
in said Office or the County Recorder of Contra Costa County, whence the southlivest, comer of
sa
Parcel B bears S.01016137AI. 10.668 asters,
thence along the northerly leas of said easement .36045'4 0E. 114.319 Meters;
thencedeparting last sald line S.01014'18"W. 6.095 asters to a point on the n rtl h rty lire of
4.572 meter wide Pacific Gas and Electric Company easement recorded 1 ov r b r 10, 1954 ;n
Liber 2416 at Page 216 sn said Office of the County Recorder of Contra CostaCounty;
thence along last said line N.660454 W. 114.321, meters to the westerly line of said Parcel Sy
thence along last said line N. 11115'°13"E. 6.095 € °eters to the Point of Beginning.
Containing 696.8 square maters (7,560 square feet), more or less.
Bearings and distances used ';n the above d sc rptions are based on the California Coordinate
System of 1963, Zone Ill. distances shown by 1.0000639 to obtain ground distances.
This real property description has been prepared by me, or under my direction, In conform, an
with the Professional Land Surveyors Act.
Sionature a
4L.'caln,e d Land Surveyor S�� �-
Date• -
428