HomeMy WebLinkAboutMINUTES - 08122003 - SD.6 TO: BOARD OF SUPERVISORS #
FROM: MAURICE M. SHI'U, PUBLIC WORKS DIRECTOR
DATE: August 12, 2003
SUBJECT: State Route 4 East Project/Railroad Avenue to Loveridge Road, Pittsburg
Area. District V. SCH#2000112007
Project No. 4660-6X4287
SPECIFIC REQUEST(S)OR RECOMMENDATIt7N{S}&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. OPEN the public hearing and ask if any notified property owners wish to be
heard as to the four items specified in Section III.B below, CLOSE Public
Hearing.
B. Upon completion and closing of the hearing, MADE the findings and
determinations listed under 111.8 below and ADOPT the attached Resolution
of Necessity to acquire the required property by eminent domain.
11. Financiallmpact:
In eminent domain actions the judgment will be the price paid for the property, and
may include court costs which are regarded as a roughly calculable expense of
property acquisition. Costs of acquisition in this case are 100% reimbursable from
Contra Costa Transportation Authority (CCTA).
Continued on Attachment X SIGNATURE: &=L L21
,RECOMMENDATION OF COUNTY ADMINISTRATOR
�_RECOMMENDATION OF BOARD COMMITTEE
/APPROVE THER
SIGNATURESQ- '---
ACTION OF BO OVIST22. 2003 APPROVED AS RECOMMENDEDX
OTHER
VOTE OF SUPERVISORS
x UNANIMOUS(ABSENT =1 )
AYES: NOES: i hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
KAL:DHM:eh
G:\GrpData''RealProp\2003-Files\BOs&RES\BO22_powerave_sr4.doc ATTESTED'ATnT5;T i g. 2pa3
JOHN SWEETEN, Clerk of the Board of
Orig.Div: Public works(R/P) Supervisors and County Administrator
Contact: Karen A.Laws(313-2228)
cc: County Administrator r
Auditor-Controller(via R/P) By Deputy
County Counsel(certified copy of Resolution)
P.W.Accounting
Board Orders Senior Clerk,Adm.
SUBJECT: State Route Cast Project/Railroad Ave. to Loveria�i. Road, Pittsburg Area
GATE: August 12, 2003
PAGE: 2
III. Reasons for Recommendations and Back rg ound:
A. Proposed Project - The Contra Costa Transportation Authority (CCTA), in
conjunction with Caltrans and the Federal Highway Administration (FHWA), propose
to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from east
of Railroad Avenue to west of Loveridge Road by widening SR4 to accommodate an
additional mixed-flow and one HOV lane in each direction. The improved corridor
would connect to the existing eight-lane freeway system comprising three mixed-flow
lanes and one HOV lane in each direction west of Railroad Avenue and transition to
a six-lane facility comprising three mixed-flow lanes in each direction immediately
west of Kirker Creek. The proposed project will reduce the level of congestion
through the project area and would include sufficient median width to accommodate
a future Bay Area Rapid Transit District (BARTD) extension.
Right—of-way necessary for the project is located at various locations adjacent to the
existing freeway and ramps. This phase of the project consists of acquiring the fee
title to a portion of Power Ave that is encumbered by a roadway easement to the City
of Pittsburg. The County will subsequently transfer fee title to the City to
accommodate the relocation of PG&E facilities. All of the rights to be acquired for
this phase of the project lie along the north and south side of Route 4 East of
Railroad Avenue.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made an offer of just compensation to the Secretary of State on
behalf of the owner of record for the rights required for this phase of the project. The
offer was based on an appraisal of the fair market value of said property rights.
Construction on the project is scheduled to begin in September 2003. It is necessary
for Contra Costa County to exercise its power of eminent domain. Pursuant to
Section 1245.235 of the Code of Civil Procedure, notice was given to the Secretary
of State on behalf of the owner of record, and any other persons known to have an
interest in the property that a hearing is scheduled for Tuesday, August 12, 2003 at
0:30 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. A list of those persons notified is
attached as Exhibit"A„
On March 27, 2001, this Board APPROVED the proposed project and ADOPTED
the Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
Project that was published on January 23, 2001.
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 State of California, Secretary of State because
the owner of record could not be located with reasonable diligence. Notice was
given as follows:
SUBJECT: State Route -, East Project/Raiiroad Ave. to Loverioa Road, Pittsburg Area
DATE: August 12, 2003
PACE: 3
Time Pacific Company
c/o State of California, Secretary of State
1500 11 ch Street
Sacramento, CA 95814
This notice consisted of sending by first-class and certified mail on July 21, 2003, a
Notice of Intention which notified the Secretary of State that a hearing is scheduled
for August 12, 2003, at 9:30 a.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
B. Scope of Hearing Per.C.C.P. Section 1245.235
1. Public Interest and Necessity require the proposed project.
SR4 is the primary east-west transportation corridor in Contra Costa County.
The proposed project will help reduce traffic congestion along SR4 between
Railroad Avenue and Loveridge Road consistent with Contra Costa County's
planned transportation improvement strategy for the SR4 corridor. The
project will increase the use of HOV lanes between SR 242 in Concord and
Loveridge Road in Pittsburg and will accommodate future mass transit
services into East County that are consistent with BARTD's stated intention to
extend its system toward Antioch.
2. The project is planned and located in the manner that will be most compatible
with the greatest public good and the least private ink.
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, and would also require major utility
relocation.
3. The property sought to be acquired is necessary for the project.
The properties sought for this phase of the project are necessary for the
widening of the existing highway.
4. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the State of California, Secretary of State because
the owner of record cannot be located with reasonable diligence.
IV. Consequences of Negative Action:
The County will be unable to acquire the property rights necessary for the project.
l THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property }
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 State Route 4 East, } No. 2OM
Railroad Ave to Loveridge } {C.C.P. 1245.230}
5 Rd., Pittsburg Area )
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Contra Costa County intends to construct a road reconstruction project, a public improvement, to
11 widen 2.2 miles of the State Route 4 corridor from west of Railroad Avenue to east of Loveridge
12 Road in the Pittsburg area, and, in connection therewith, acquire interests in certain rear property.
13 The property to be acquired consists of a portion of Power Avenue and is generally located
14 in the Pittsburg area. The said property is more particularly described in Appendix "A", attached
15 hereto and incorporated herein by this reference.
16 On July 21, 2003, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix"A"was sent to the State
18 of California, Secretary of State on behalf of the owner of record of said property. The notice
19 specified August 12,2003, at 9:30 a.m. in the Board of Supervisors Chambers in the Administration
20 Building, 651 Pine Street, Martinez, California, 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 and based upon the evidence presented to it,this Board finds,determines and
23 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 4. The offer required by section.7267.2 of the Government Code was made to the State
RESOLUTION NO.2003/504
I of California, Secretary of State on behalf of the owner of record because the owner
2 of record (Time Pacific Company, a California corporation) cannot be located with
3 reasonable diligence, and
4 5. That insofar as any of the property described in this resolution has heretofore been
5 dedicated to the public use for public purposes, the acquisition and use of such
6 property by Contra Costa County for highway purposes is for a more necessary public
7 use than the use to which the property has already been appropriated or a compatible
8 public use. This determination and finding is made and this resolution is adopted
9 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
10 6. On March 27, 2001, this Board approved the proposed project and adopted the
11 Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
12 project that was published on January 23, 2001.
13 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
14 To acquire in the County's name, by condemnation, the titles, easements and rights of way
15 hereinafter described in and to said real property or interest(s) therein, in accordance with the
16 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
17 Parcel 1 is to be acquired in fee title.
18 To prepare and prosecute in the County's name such proceedings in the proper court as are
19 necessary for such acquisition;
20 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
21 court for an order permitting the County to take immediate possession and use said real property for
22 said public uses and purposes.
23 /tl
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25 /lI
26 /If
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RESOLUTION NO.2003/504
I PASSED and ADOPTED on August 12, 2003, by the following vote:
2 AYES: RMWISORS G101A, UnMAA, amam, =M Am Dash
3 NOES: NM
4 ABSENT
5 ABSTAIN:NM
6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
7 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
8 California, at a meeting of said Board on the date indicated above.
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14 Orig. Dept: Public Works Department (RIP)
Contact: Karen A. Laws (313-2228)
15 Auditor-Controller
County Counsel(Certified Copy)
16
17 9 hereby certify that this is a true and correct
copy of an action taken and entered on the
18 minutes of the Board of Supervisors on the
date shown.
19 ATTESTED.AMST 1 2�3
20 JOHN SWEETEN, Clerk of the Board
of 8 pervlsors and Canty Administrator
21 i-VOANN P.1A\TIME PACIFIC-Rox.V.'Pa By e _ deputy
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RESOLUTION NO.20o3/5()4
APPENDIX "A"
Parcel 1 - Fee
Real Property Description of the Lands of Time Pacific Company, a California corporation
situate in the City of Pittsburg, County of Contra Costa, State of California, and being more
particularly described as follows.
That portion of Power Avenue lying within the exterior boundary of Carnegie Manor-Unit No.
2, City of Pittsburg, Contra Costa County California, filed July 1, 1954 in Book 47, Page 26,
Official records of said County.
This real property description has been prepared by me,or under my direction,in conformance
with the Professional Land Surveyors Act.
N0 �
SIH 0
�
Scott A. Shortlidge fate Exp. t�
Licensed Land Surveyor
California No.6441 d' r NO 6441
OF CA