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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: AUGUST 5, 2003
SUBJECT: PACHECO BLVD. REALIGNMENT PROJECT. Martinez area. District 11.
Project No.: 0662-6R4157
SPECIFIC REQUEST(S)OR RECOMMENDATION(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 I113 below, CLOSE Public
Hearing.
B. Upon completion and closing of the hearing, MAKE the findings and
determinations listed under 1113 below and ADOPT the attached Resolution
of Necessity to acquire the required property by eminent domain.
11. F'inanciallmloact:
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 (Measure C) Funds.
Continued on Attachment: X SIGNATURE•.-
*,RECOMMENDATION OF COUNTY ADMI . STRATOK
1ECOMMENDATION OF BOARD COM ITTEE
_APPROVE —OTHER
'
SIGNATURE(S): r z
ACTION OF t3 R ON August 5. 2013 APPROVED AS RECOMMENDED X
OTHER ,
0
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT NOne }
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.
LLO:eh
G:\GrpData\Rea)Prop12003-FilesOOs&RES\BO22 PACHECO2.doc ATTESTED:_ August 5. 2013
JOHN SWEETEN, Clerk of the Board of
{frig.Div: Public Works(RIP) U erviSors and County Adn rtistratpr
Contact: L.Lucy Owens(313-2229) _"�`" �
cc: County Administrator F f f
Auditor-Controller(via R/P) By 1� _ Deputy
County Counsel(certified copy of Resolution) {
P.W.Accounting
Board orders Senior Clerk,Adm.
SUBJECT: Pacheco Blvd Realignment Project
DATE: August 5, 20
PANE: 2
Ill. Reasons for Recommendations and Eackground:
A. Proposed Project - Pacheco Boulevard is an existing arterial roadway
connecting the City of Martinez and the community of Pacheco with the
cities of Pleasant Hill and Concord. The roadway realignment involves the
construction of approximately 600 meters of a new two-lane road in the
immediate vicinity of the existing roadway, in order to remove an
unnecessary curvature of the roadway. The roadway realignment will
require the removal of some parts of the existing pavement and striping;
the establishment of a turn-around on the existing Pacheco Boulevard
south of the Burlington Northern Santa Fe Railroad underpass, minor
grading associated with the new roadway section; installation of new
pavement; and installation of a median island, shoulder backing, road side
signs, road side Glitches and drainage inlets, and storm drainage pipes.
On May 7, 2002, this Board approved the proposed project and adopted the
Mitigated Negative Declaration and Mitigation Monitoring Program pertaining
to this project and directed the filing of a Notice of Determination. The Notice
of Determination was filed and posted on May 8, 2002.
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:
Steve and Jennifer Hudson
c/o Hudson Excavation Inc.
4653 Pacheco Blvd.
Martinez, CA 94553
This notice consisted of sending by first-class and certified mail on July 16,
2003, a Notice of Intention which notified these owners that a hearing is
scheduled for August 5, 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.
The roadway realignment involves the construction of approximately
600 meters of a new two-lane road in the immediate vicinity of the
existing roadway, in order to bring the roadway up to current design
standards by correcting an unnecessary curvature of the roadway.
2. The proiect is planned and located in the manner that will be most
compatible with the greatest public god and the least private injury.
The location of the roadway realignment was designed to minimize
changes to the alignment of Pacheco Blvd. while correcting the
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 Pacheco Blvd. Realignment } No.2003/474
Project ) (C.C.P. § 1245.230)
5 Martinez Area )
3
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 project, a public improvement,to realign a portion
11 of Pacheco Blvd. located southwest of Highway 4 in the Martinez Area, and, in connection
12 therewith, acquire interests in certain real property.
13 The property to be acquired consist of one(1)parcel and is generally located in the Martinez
14 area. The said property is more particularly described in Appendix "A", attached hereto and
15 incorporated herein by this reference.
16 On July 16, 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 persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified August 5, 2003, at 9:30 a.m. in the Board of Supervisors Chambers in the
20 Administration Building, 651 Pine Street,Martinez, California, as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 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 be most
27 compatible with the greatest public good and the least private injury; and
28
RESOLUTION NO. 2.003/474
1 3. The property described herein is necessary for the proposed project; and
2 4. The offer required by section 7267.2 ofthe Government Code was made to the owner
3 or owners of record; 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 May 7,2402,this Board approved the proposed project and adopted the Mitigated
11 Negative Declaration and Mitigation Monitoring Program pertaining to this project
12 and directed the filing of a Notice of Determination. The Notice of Determination
13 was filed and posted on May 8, 2002.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County's name,by condemnation, the titles, easements and rights of way
16 hereinafter described in and to said real property or interest(s) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
18 Parcel I is to be acquired in fee title.
19 To prepare and prosecute in the County's name such proceedings in the proper court as are
20 necessary for such acquisition;
21 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
22 court for an order permitting the County to take immediate possession and use said real property for
23 said public uses and purposes.
24 J/!
25
26 !rl
27
28 /rr
RESOLUTION NO. 20031474
I PASSED and ADOPTED on August 5, 2003, by the following vote:
2 AYES:axpervisors Gioia, Uilkema, Greenberg, Glover and DeSaulnier
3 NOES: None
4 ABSENT: None
5 ABSTAIN: None
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.
9 hereby certify that this is a true and correct
i0 Lcpy of an action taken and entered on the
rnin:,tas of the Board of Supervisors on the
I 1 Nate shown,
ek
12 JOHN SMET Clerk of the Board
erlsrr�dt , drnlnlstratr�r
13 R Deputy
y
14 Orig. Dept: Public Works Department(R/P)
Contact: L. Lucy Owens (313-2229)
15 Auditor-Controller
County Counsel(Certified Copy)
16
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21 t joANNu.i-\PAcHEco BLVD.-Rox"d
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RESOLUTION NO. 2003/474
Pacheco Boulevard
Hudson
APN 161-261-004
APPENDIX"A"
PARCEL ONE- FEE TITLE
The land referred to is situated in the State of California, County of Contra Costa, in the
unincorporated area, and is described as follows:
Beginning on the Northeast line of the parcel of land described in the Deed from
Merman E. Johnson to Alvin Blackwell, et ux, recorded March 23, 1951, in Book 1736,
Page 348, Official Records, distant thereon South 67° 44' 30" East, 180 feet from the
most Northerly corner of said Blackwell Parcel (1736 OR 348), thence from said point
of beginning along said Northeast line South 67° 44' 30" East, 77.19 feet and South 540
51' 30 East, 146.91 feet to the Northeast line of the 0.79 of an acre parcel of bind
described in the Geed from Alfred P. Nlartignoni to Contra Costa County, recorded
December 27, 1946, in Book 960, Page 330, Contra Costa County Records; thence
along said Northeast line, Northwesterly, along the arc of a curve to the left with a radius
of 746.25 feet, the center of which bears south 31' 58' 30" West, an arc distance of
137.52 feet and North 860 35' West, tangent to the last curve, to a point that bears
South 31° 29' West from the point of beginning; thence North 310 29' East to the point of
beginning.
Containing an area of 10,196 square feet more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor ID
[Licensed S1�
Contra Costa County Public Workslv'�
Exp. 12.31-04
Date: t--' N No.5999
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G:\GrpData\Rea€Prop\2003-Fi€es\03-6\ExhibitAPN 161-261-004.doc