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HomeMy WebLinkAboutRESOLUTIONS - 12162008 - 2008/792CONTRA COSTA COUNTY BOARD OF SUPERVISORS' 1 RESOLUTION NO. 7y 2 3 CONTRA COSTA COUNTY BOARD OF SUPERVISORS RESOLUTION OF NECESSITY 4 TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN 5 HIGHWAY 04-CC-4-PM 39 . 1 to 40 .2 6 The Board of Supervisors of Contra Costa County, California, 7 by vote of four-fifths or more of its members, RESOLVES that : 8 This resolution is adopted pursuant to Code of Civil Procedure 9 Section 1240 . 140 and Streets and Highway Code Section 760 . County 10 is adopting resolution to allow the State of California to 11 construct a road reconstruction project, a public improvement, 12 consisting 'of the widening and improving of State Route 4 from 13 Loveridge Road to Somersville Road, reconstruction of the Loveridge 14 Road interchange and replacement of Century Boulevard overcrossing, 15 in the vicinity of the City of Pittsburg and, in connection 16 therewith, acquire interests in certain real property. 17 The property to be acquired consists of seventeen parcels from 18 seven property owners. and is generally located in the Pittsburg 19 area. The said properties are more particularly described in 20 Appendix "A" , attached hereto and incorporated herein by this 21 reference. 22 On October 27, 2008, notice of the County' s intention to adopt 23 a resolution of necessity for acquisition by eminent domain of the 24 real property described in Appendix "A" was sent to persons whose 25 names appear on the last equalized County Assessment Roll as owners 1 Y I of said property. The . notice . specified December 16, 2008 , at 9 : 30 2 a.m. in the Board of Supervisors Chambers in the Administration 3 Building, 651 .-Pine Street, Martinez, California as the time and 4 place for the hearing hereon. 5 The hearing was held at that time and place and all 6 interested parties were given an opportunity to be heard and based 7 upon the evidence presented to it., this Board finds, determines and 8 hereby declares the following: 9 1 . The public interest and necessity required the proposed 10 project; and 11 2 . The proposed project is planned and located in the manner, 12 which will be most compatible with the greatest public good 13 and the least private injury; and 14 3 . The property described herein is necessary for the proposed 15 project; and 16 4 . The offer required by Section 7267 . 2 of the Government Code 17 was made to the owner or owners of record. 18 5 . Insofar as any of the property described in this resolution 19 has heretofore been dedicated to a public use, the 20 acquisition and use of such property by the State for the 21 purposes identified herein is for a more necessary public 22 use than the use to which the property has already been 23 appropriated or for compatible public use . This 24 determination and finding is made and this resolution is 2 1 adopted pursuant to Code of Civil Procedures 1240 . 510 and 2 1240 . 610 . 3 4 Through the joint exercise of their power of eminent domain, 5 the County is adopting a resolution of necessity to allow the 6 State to acquire property in Contra Costa County for State highway 7 purposes : The County finds that the acquisition under Streets and 8 Highways Code section 760 will promote the interest of the County 9 and that the acquisition has been recommended in writing by the 10 Department of Transportation. 11 12 RESOLVED by this Board that the State of California Department 13 of Transportation is hereby authorized and empowered: 14 To acquire, in the State' s name, by condemnation, the titles, 15 easements and rights of way hereinafter described in and to said 16 real property or interest (s) therein in accordance with the 17 provisions for eminent domain in the Code of Civil Procedure and 18 the Constitution of the California: 19 Fee: 60073-1, 60074-1, 60084-1, 60129-1, 60171-1, 60172-1, and 20 60174-1 . 21 Permanent Easement: 60073-2,6007373, 60074-2, 60084-2, 60172-2, 22 60172-3, 60174-2, and 60174-3 . 23 Temporary Construction Easement : 60084-3 and 60129-2 . 24 3 I To prepare and prosecute in the State' s name such proceedings 2 in the proper court as are necessary for such acquisition; 3 To deposit the probable amount of compensation, based on an 4 appraisal, and to apply to said court for an order permitting the 5 State to take immediate possession and use of said real property 6 for said public uses and purposes . 7 8 PASSED and ADOPTED on ` gj by the following vote : AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none 10 ABSENT: none ABSTAIN: none j 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly and 14 regularly introduced, passed and adopted by the vote of four fifths 15 or more of the Board of Supervisors of Contra Costa County, 16 California, at a meeting of said Board of Directors on the date 17 indicated above . 18 19 20 Date : a 21 22 23 4 I c• i APPENDIX"A" Land Descriptions for Fee and/or easement.from seven landowners in the City of Pittsburg, Contra Costa County, State of California are attached hereto and labeled: 60073 (A-S PIPELINES, INC.) 60073-1 (FEE TITLE) 60073-2 (PUBLIC UTILITY EASEMENT) 60073-3 (WATER LINE EASEMENT) 60074 (ALBERT D. SEENO CONSTRUCTION COMPANY) 60074-1 (FEE TITLE) 60074-2 (SANITARY SEWER EASEMENT) 60084 (CENTURY PLAZA DEVELOPMENT COMPANY) 60084-1 (FEE TITLE) 60084-2 (RETAINING WALL FOOTING EASEMENT) 60084-3 (TEMPORARY EASEMENT) 60129 (A.D. SEENO CONSTRUCTION COMPANY) 6012971 (FEE TITLE) 60129-2 (TEMPORARY CONSTRUCTION EASEMENT) 60171 (CENTURY PLAZA DEVELOPMENT COMPANY) 60171-1 (FEE TITLE) 60172 (WINTER SURVIVORS.TRUST) 60172-1 (FEE TITLE) 60172-2 (MECHANICALLY,STABILIZED EARTH WALL EASEMENT) 60172-3 (STORM DRAIN EASEMENT) 60174 (MATTHEW J. MAZZEI LIVING TRUST) 60174-1 (FEE TITLE) 60174-2 (MECHANICALLY STABILIZED EARTH WALL EASEMENT) 60174-3 (STORM DRAIN EASEMENT) APPENDIX "A" Those certain parcels of land situated in the City of Pittsburg, County of Contra Costa, State of California, described as follows : PARCEL 60073-1 Fee Title (A-S Pipelines, Inc. ) : A portion of that parcel of land described in the Deed from Seeno Enterprises to A-S Pipelines, Inc. , recorded April 5, 1984, in Book 11729, Page 527, Official Records of Contra Costa County, State of California, . and more particularly described as follows :. Beginning at the northeasterly corner of said parcel of. land, said corner being the. so.utheasterly corner of the 4, 291-square foot parcel of land described in deed from ARB Inc. , formerly Alex Robertson Bakersfield, Inc. , to the State of California, recorded June 21 1971, in Book 6413, Page 92, Official Records of said County; thence South 08°33' 54" West, along the easterly line of said parcel of land described in said deed recorded in Book 11729, Page 527, a distance of 11 . 677 meters; thence North 76°13' 03" West . 12 . 668 meters; thence North 06°30156" East 4 . 572 meters; thence North 83'2,9' 04"* West 18 . 294 meters; thence North 80°24' 55" West 26. 182 meters; thence North 76°45' 37" West 24 . 947 meters to the westerly line of last said parcel of land; ' thence North 17042' 13" East, along said westerly line, 12 . 970 meters to the northwesterly corner of last said parcel of land, last said corner being the southwesterly corner of said 4, 291-square foot parcel of land; thence South 76°28107" East, along the common boundary line between said parcels of land, 48 . 053 meters to an angle point therein; thence South 7.3°2442" East, continuing along said common boundary line, 32 . 488 meters to the Point of Beginning. Containing 945 . 0 square meters, more or less . . This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant . to grantor' s remaining property, in and to said freeway. 1 of 16(60073.60174) PARCEL 60073-2 Public Utility Easement (A-S Pipelines, Inc) An easement for public utility purposes and incidents thereto, upon, over, . under and across a portion of that parcel of land described in the Deed from Seeno Enterprises to A-S Pipelines, Inc. , recorded April 5, 1984, in Book 11729, Page 527, Official Records of Contra Costa County, State of California, and more particularly described as follows: Commencing at the northeasterly corner of said parcel of land described in said deed recorded in Book 11729,, Page 527; thence South 08033' 54" West, along the easterly line of said parcel of land, 11 . 677 meters to the True Point of Beginning of the parcel of land herein to be described; thence North 76°13' 03" West 12.. 668 meters; thence North 06°30156" East 4 . 572 meters; thence North 83°29'04"West 18 . 294 meters; thence North 80024' 55" West 26. 182 meters; thence North 76°45' 37" West 24 . 947 meters to the westerly line of said parcel of land; thence South 17042' 13" West, along said westerly line, 4 . 585 meters; thence South 76°23101" East 0 . 119 of a meter to the prolongation of a line, that is, parallel with and distant 4 . 572 meters, southerly, measure at right angles from the hereinabove described course, having . a length of 24 . 947 meters";thence South 76°45137" East, along said prolongation and said parallel line, 25 . 331 meters to the prolongation of a line that is, parallel with a distant 4 . 572 meters, southerly, measured at right angles from the hereinabove described course, having a length of 26. 182 meters"; thence South 80024155" East, along last said prolongation and last said parallel line, 5 . 557 meters; thence South 02°31' 06" West 11 . 148 meters; thence South 87028154" East 37 . 723 meters; thence South 84059147" East 13 . 248 meters to said easterly line; thence North 08033' 54' East, along said easterly line, 5. 424 meters to the True Point of Beginning. Containing 747 . 6 square meters, more or less . PARCEL 60073-3 Water Line Easement (A-S Pipelines, Inc. ) An easement , for water line purposes and incidents thereto, upon, over, under and across a portion of that parcel of land described in the Deed from Seeno Enterprises to . A-S Pipelines, Inc. , recorded April 5, 1984, in Book 11729, Page 527, Official Records of Contra Costa County, State of California, and more particularly described as follows : 2 of 16(60073-60174) Commencing at the northeasterly corner of said parcel of land described in said deed recorded in Book 11729, Page 527; thence South 08°33' 54" West, along the easterly line of said parcel of land, 11 . 677 meters; thence North 76°13' 03"West 12 . 668 meters; thence North 06°30' 56" East 4 ..572 meters; thence North 83°29' 04" West 18 . 294 meters; thence North 80°24155" West 1 . 893 meters to the True Point of Beginning of the parcel of land herein to be described; thence continuing North 80°24' 55" West 3 . 076 meters; thence South 17°16150" West 6. 162 meters; thence South 72°34138" East 8 . 155 meters to the general westerly line of the 10-foot wide strip of land described in the instrument between the -Secretary of the Army and the Union Carbide Corporation, recorded June 10, 1960, in Liber 3637, Page 21, Official Records of said County; thence North 10° 19' 29" East, along said general westerly .line, 3. 072 meters; thence North 72°34' 38" West 4 . 735 meters to a line which bears South 17°16' 50" West from said True Point of Beginning; thence North 17016150" East along last said line, 3 . 534 meters to the True Point of Beginning. Containing 34 . 4 square meters, more or less . PARCEL 60074-1 Fee Title (A. D. Seeno Construction Co. ) A portion of Parcel "B" and a portion of Parcel "C" as said Parcels "B" and "C" are shown on the map filed on April 1, 1985, in Book 115 of Parcel Maps, at Page 22, in the Office of the County Recorder of said County, and more particularly described as follows: Beginning at the northwesterly corner of said Parcel "B"; thence along the westerly line of said Parcel "B", South 08° 33' 54" West, 11 . 677. meters; thence leaving said westerly line, South 76°13' 03" East, 6. 121 meters; thence South 73°27' 32" East, 145. 898 meters to the southeasterly line of said Parcel "C"; thence along said southeasterly line, North 26°34' 34" East, 11 . 314 meters to the northeasterly line of said Parcel "C";thence along said northeasterly line and also along the northeasterly line of said Parcel "B", North 73°24' 42" West, 155 . 604 meters to the Point of Beginning. Containing 0 . 172 of a hectare, more or less .. 3 of 16(60073-60174) This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the .grantee any and all abutter' s rights including access rights, appurtenant to grantor' s. remaining property, in and to said freeway. PARCEL 60074-2 S .S. Easement (A. D. Seeno Construction Co. ) An easement for sanitary sewer purposes and incidents thereto, upon, over, under and across. a portion of Parcel "B" and a portion of Parcel "C" as said Parcels' "B" and "C" are shown on the map filed on April 1, 1985, in Book 115 of Parcel Maps, at Page 22, in the ,Office of the County Recorder of said County, and more particularly described as follows : Commencing at the northwesterly corner of said Parcel "B", thence along the westerly line of said Parcel ':'B South 08°33' 54" West, 11 . 677 meters to the True Point of Beginning of the parcel of land herein to be described; thence leaving said westerly line, South 76013103" East, 6. 121 meters; thence South 73°27' 32" East, 145 . 898 meters to the southeasterly line of said Parcel "C"; thence along said southeasterly line, South 26°34' 34" West, 4 . 643 meters to a line, that is, parallel with and distant 4 . 572 meters, southwesterly, measured at right . angles, from the hereinabove described course, having a length of "145 . 898 meters"; thence leaving said southeasterly line, and along said parallel line, North 73°27' 32" West, 145. 089 meters; thence North 84059147" West, 5 . 472 meters to said westerly line; thence along :said westerly" line, North 08°33' 54" East, 5 . 424 meters to the True Point. of Beginning. Containing 694 . 0 square meters, more or less . PARCEL 60084-1 Fee Title (Century Plaza) : A portion of the 505, 797-square foot parcel of land described in the instrument entitled "PARCEL MAP WAIVER FOR A LOT SPLIT, PMW 0.3-02", recorded February 7, 2003, as Document Number 2003-0060163-00, in the Office of the County Recorder of said County, and more particularly described as follows : 4 of 16(60073-60174) Beginning . at a point on the westerly line of the 134, 064-square foot parcel of land described in said instrument, that is, distant thereon, North 17°39' 51" East 1 . 839 meters from the southwesterly corner of last said parcel of land; thence North 70°05' 41" West 24 . 761 meters : thence North 69°29' 57" West 221 . 274 meters to the general southerly line of said 505, 797-square foot parcel of land; thence along said general southerly line, the following three (3) courses : 1) South 52°58' 19" East 26. 274 meters; 2) South 69°57' 49" East 121 . 910 meters; and 3) South 72°20' 09" East 99 . 152 meters to said southwesterly corner of said 134, 064-square foot parcel of land; thence North 17°39' 51" East, along said westerly line of said 134, 064-square foot parcel of land, being also said general southerly line of said 505, 797-square foot parcel of land, 1 . 839 meters to the Point of Beginning. Containing 0 . 135 of a hectare, more or less . This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant to grantor' s remaining property, in and to said freeway. PARCEL 60084-2 Retaining Wa11. Footing Esmt. (Century Plaza) An easement for retaining wall footing purposes and incidents thereto, under, along, upon .and across a portion of the 505, 797-square foot parcel of land described in the instrument entitled "PARCEL MAP WAIVER FOR A LOT SPLIT, PMW 03-02", recorded February 7, 2003, as Document Number 2003-0060163-00, in the Office of the County Recorder of said County, included within a strip of land, 1 . 000 meter wide, and lying northerly of and coincident with the following described line: Beginning at a point on the westerly line of the 134, 064-square foot parcel of land described in said instrument, that is, distant thereon, North 17°39' 51" East 1 . 839 meters from the southeasterly corner of last said parcel of land; thence North 70°05' 41" West 24 . 761 meters; thence North 69°29' 57" West 221 . 274 meters to the general southerly line of said 5 of 16(60073-60174) 505, 797-square foot parcel of land and the terminus of the herein described line. The side lines of the hereinabove described 1 . 000-meter wide strip of land, shall be prolonged or shortened as to terminate westerly on said general southerly line; and to terminate easterly on said westerly line . Containing 247 . 7 square meters, more or less . PARCEL 60084-3 Temporary Easement (Century Plaza) A temporary easement (for a period of six [6] consecutive months expiring no later than December 31, 2012) for construction purposes and. incidents thereto, upon, over, along and across a portion of the 505, 797-square foot parcel of land described in the instrument entitled "PARCEL MAP WAIVER FOR A LOT SPLIT, PMW 03-02", recorded February 2, 2003, as Document Number 2003-0060163-00, in the Office of the County Recorder of said County, and more particularly described as follows : Beginning at . a point on the westerly line of the 134, 064—square foot parcel of land described in said instrument, that is, distant thereon, North 17°3951" East 1 . 839 meters from the southwesterly corner of last said parcel of land; thence North 70°05' 41" West 24 . 761 meters; thence North 69°29' 57" West . 221 . 274 meters to the general southerly line of said 505, 797-square foot parcel of land; thence North 52°58119" West, along said general southerly line, .18 . 827 meters to the westerly line of last said parcel of land; thence North 5°54' 53" West, along last said westerly line, 7 . 112 meters; thence South 68°10' 22" East 34 . 397 meters; thence South 54°14' 08" East 30.. 120 meters to a line, that is, parallel with and distant, 3 . 000 meters northerly, measured at right angles from the hereinabove described course, . having a length of 221 . 274 meters"; thence South' 69°29157" East, along said parallel line, 157 . 801 meters; thence South 20°30103" West 1 . 827 meters; thence South 69°29' 57" east 4 . 172 meters; thence North 20'30' 03" East 1. 827 meters to said parallel line; thence South 69°29' 57" East along said parallel line, 17 . 053 meters to a line, that is, parallel with and distant, 3 . 000 meters northerly, measured at right angles from the hereinabove 6 of 16(60073-60174) described course, having a length of "24 . 761 meters"; thence South 70°05141" East, along last " said parallel line, 24 . 628 meters to said westerly line of said 134 , 064-square foot parcel of land; thence South 17°39' 51" West, along last said westerly line, 3. 002 meters .to the Point of Beginning. Containing 1120 . 1 square meters, more or less . Excepting therefrom that portion included within a strip of land, 1 . 000 meter wide, lying northerly of and coincident with the hereinabove described. courses, having lengths of 221 . 274 meters" and "24 . 761 meters. " The side lines .of the 1 . 000-meter wide strip of land, described in the hereinabove exception, shall be prolonged or shortened as to terminate westerly on said general southerly line of said 505, 797-square foot parcel of land; . and to terminate easterly on said westerly line of said 134, 064-square foot parcel of land. The hereinabove described PARCEL 60084-1 contain a net area of 872 . 4 square meters, more or less . The Grantor has full use of the encumbered area except . for the six-month period. PARCEL -60129-1 Fee Title (A. D. Seeno Construction Co. ) Those portions of Lots 12 and 18, as said Lots are shown on the Amended Map, Subdivision 5452, filed July 14, 1981, in Book 254 of Maps, Page 47, in. the Office of the County Recorder of said County, and more particularly described as follows: Beginning at the northeasterly corner of said Lot 18, said corner being the northwester'ly corner of the 773-square meter parcel of land described in deed from City of Pittsburg to State of California, recorded November 22, 2006, as Document Number 2006-0375153700, in said Office of the County Recorder of said County; thence South 17°43' 01" West, along the easterly lines of said Lots 18 and 12, being also the westerly line of .said 773-square meter parcel of land, 45 . 574 meters to the southwesterly corner of last said parcel of land; thence North 68056101" West, leaving said- lines, 117 . 387 meters to a point on the general northerly line of said Lot 18, said point being the most easterly corner of the 12097-square meter parcel of land. described in deed from Contra Costa County to 7 of 16(60073-60174) r Bishop-Wisecarver Corporation, recorded April 10, 2003, as Document Number 2003-0163741-00, in said Office of the County Recorder of "said County; thence along said general northerly line of said Lot 18, being the center line of the 20-foot wide strip of land described in "Parcel 5" in the instrument from United States of America to Southern Pacific Company, recorded October 2, 1970, in Book 6226 of Official Records, Page 420, in the Office of the County Recorder of said County, the curvatures and course thereof as follows : 1) easterly, on a non-tangent curve to the right, having a radius of 116. 500 meters, a radial line of said curve to last said point bears North 9°24' 37" West, through an angle of 27°07' 46", an arc distance of 55 . 162 meters; 2) South 72016151" East 20 . 789 meters; and 3) easterly, on a curve to the right, having a radius of 161 . 497 meters., .through an angle of 6°22100", an arc distance of 17 . 945 meters; thence leaving .said center line, North .17043101" East, continuing along said general northerly fine, 26. 892 meters; thence South 72°17' 46" East, continuing along said general northerly line, 25 . 364 meters to the Point of Beginning. Containing 0 . 233 of a hectare, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 60129-2 T.C.E. (A. D. Seeno Construction Co. ) A temporary easement (for a period of six [6] consecutive months expiring no later than March 31, 2010) for construction purposes and incidents thereto, upon, over, along and across . those portions of Lots 12 and 18, as said Lots are shown on the Amended Map, Subdivision 5452, filed July 14 1981, in Book 254 of Maps, Page 47, in the Office of the County Recorder of said County, and more particularly described ,as follows : 8 of 16(60073-60174) Commencing at the northeasterly corner of said .Lot 18, said corner being the northwesterly corner of the 773-square meter parcel of land described in deed from City of Pittsburg to State of California, recorded November 22, 2006, as Document Number 2006-0375153-00, in said Office of the County Recorder of said County; thence South 17°43' 01" West, along the easterly lines of said Lots 18 and 12, being also the westerly line of said 773-square meter parcel of land, 45. 574 meters to the southwesterly corner of last said parcel of land; thence North 68°56' 01" West, leaving said lines, 7 . 190 meters to a point on the course shown having a bearing and a length of "N. 42°06111"E. 167. 16" on the general southeasterly line of the Drainage Easement lying within said Lot 12, as said course and said Drainage Easement are shown on Sheet .2 of 4 of the map set of said Amended Map and the True Point of Beginning of the parcel of land herein to be described; thence continuing North 68056101" West 110 . 197 meters to a point on the general northerly line of said Lot 18, last said point being the most easterly corner of the 12097-square meter parcel of land described in deed from Contra Costa County to Bishop-Wisecarver Corporation, recorded April 10, 2003, as Document Number 2003-0163741-00, in 'said Office of the County Recorder of said County; thence along said general northerly line of said Lot 18, being the center line of the 20-foot wide strip of land described in "PARCEL 5" in the instrument from United States of America to Southern Pacific Company, recorded October 2, 1970, . in Book 6226 of Official Records, Page 420, in said Office of the County Recorder of said County, westerly, on a non-tangent curve to the left, having a radius of 116. 500 meters, . a radial line of said curve to last said point bears North '9°24' 37" West, through an angle of 6°1141", an arc distance of 12 . 596 meters; thence leaving last said lines, South 18°07107" East 7 . 977 meters; thence South 69°16' 05" East 26. 998 meters; thence North 87°35141" East 26. 539 meters; thence. South 69016105" East 20 . 602 meters; thence South 51°35' 22" East 24 . 671 meters; thence South 69°16' 05" East 12 . 465 meters to said course on said general southeasterly line of said Drainage. Easement; thence North 59°49' 12" East, along said course, 12 . 284 meters to the True Point of Beginning. Containing 901 . 8 square meters, more or less . The Grantor has full use of the encumbered area except for the six-month period. 9 of 16(60073-60174) i PARCEL 60171-1 Fee Title (Century Plaza) A portion of that certain parcel of land shown and so designated as "REMAINDER", '.on the map entitled CENTURY PLAZA III, Subdivision 8161", filed on June 12, 2002, in Book 443 of Maps, Page 9, in the. Office of the County Recorder of 'said County, and more particularly described as follows : Beginning at the most southerly corner of said "REMAINDER" parcel of land; thence North 69057149" West, along the general southerly line of said parcel of .land, 272 . 731 meters to an angle point therein; thence North 64 °23 ' 06" West, continuing along said general southerly line, 113. 134 meters; thence South 69056' 03" East, leaving said general southerly line, 139. 664 meters; thence South 72°47' 48" East 70 . 086 meters; thence South 69056' 03" East 14 . 257 meters; thence South 64°13' 25"East 35 . 173,meters to the beginning of a non-tangent curve having a radius of 27, 97.5. 565 meters, a radial line to said beginning of said curve bears South 20004' 20" West; thence easterly, along said curve to the left, through an angle of 0015132", an arc distance of 126. 411 meters to the general easterly line of said "REMAINDER" parcel of land; thence South 20°02111" West, along last said line, 11 . 072 meters to the Point of Beginning. Containing. 0. 383 of a hectare, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant to grantor' s remaining property, in and to said freeway. PARCEL 60172-1 Fee Title (Rose C. Winter) Those portions of Lots 3 and 5, as said Lots are shown on the map entitled "Century Plaza III, Subdivision 8161", filed June 12, 2002, in Book 443 of Maps, Page 9, in the Office of the County Recorder of said County, and more particularly described as follows : Beginning at a point on the westerly line of said Lot 5, that is, distant thereon North 20002111" East 8 . 372 meter from the most westerly corner of said Lot 5, said point being the beginning of a non-tangent curve, having a radius of 10 of 16(60073-60174) 27, 978 . 265 meters; thence easterly, along said curve to the left, a radial line to said beginning of said curve bears South 19°48' 48" West, through an angle of 0°14' 30"; an arc distance of 117 . 988 meters to the beginning of a reverse curve, having a radius of 14, 021 . 735 meters; thence easterly, along last said curve to the right, through an angle of 0°48110", an arc distance of 196. 440 meters to a point on the easterly line of said Lot 3, that is, distant thereon North 20°02' 11" East 9. 298 meters from the most southerly corner of said Lot 3; thence South 20°02' 11" West, along said easterly line, 9. 298 meters to said southerly corner of said Lot 3; thence North 69057149" West, along the general southerly line of said Lot 3 and the southerly line of said Lot 5, a distance of 314 . 425 meters •to said westerly corner of said Lot 5; thence North 20°02111". East, along said westerly line of said Lot 5, a distance of 8 . 372 meters to the Point of Beginning. Containing 0 . 287 of a hectare, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant to grantor' s remaining property, in and to said freeway. PARCEL 60172-2 M.S.E. Wall Easement (Rose C. Winter) An easement for the purposes of maintenance and construction of a Mechanically Stabilized Earth Wall (M. S. E. Wall) and incidents thereto, over; under, along and across those portions of Lots 3 and 5, as said Lots .are shown on the map entitled CENTURY PLAZA III, Subdivision 8161", filed June 12, 2002, in Book 443 of Maps, Page 9, in the Office of the County Recorder of said County, included within a strip of land, 2 . 700 meters wide, and lying northerly of and coincident with the following described line: Beginning at a point on the westerly line of said Lot 5, that i's, distant thereon North 20°02' 11" East 8 . 372 meters from the most westerly corner of said Lot 5, said point being the beginning of a non-tangent curve, having a radiu's of 27, 978 . 265 meters; thence easterly, along said curve to' the left, a radial line to said beginning of said curve bears South 19°48' 48" West, through an angle of 0°14' 30", an arc' distance of 117 . 988 meters to the beginning of a; reverse curve, having a radius of 14, 021 . 735 meters; thence easterly, along last 11 of 16(60073-60174) said .curve to the right, through an angle of 0° 48' 10", an arc distance of 196. 440 meters to a point on the easterly line of said Lot 3, that is, distant thereon North 20°02' 11" East 9. 298 meters from the most southerly corner of said Lot 3, last said point being the terminus of the herein described line. The side lines of the hereinabove described 2 . 700-meter wide strip of land, shall be prolonged, continued or shortened as to terminate westerly on said westerly line said Lot 5 and to terminate easterly, on. said easterly line of said Lot 3 . Containing 849. 0, square meters., more or less . Together with the right of ingress to and egress from the above described parcel of land, by way of such roads or passageways as may now or hereafter exist to sufficiently accommodate Grantee ' s maintenance and or construction equipment, to include, but not limited to its. maintenance vehicle over, along and across Grantor' s remaining property; provided, however, that Grantee shall not unreasonably interfere with Grantor's use of such roads and passageways . Grantor, hereby reserves the right to use said easement area for purposes which will not interfere with 'Grantee ' s full enjoyment of the rights hereby granted; provided that Grantor, its successors or assigns shall not erect, place or construct any permanent buildings or other structures, construct any fences or plant or install anything that .will interfere with the rights herein granted to Grantee within said easement .area. PARCEL 60172-3 Storm Drain Easement (Rose C. -Winter) An easement for storm drain underground purpose and incidents thereto, over, under, along and across those portions of Lots 3 and 5,. as said Lots are shown on the map entitled CENTURY PLAZA III, Subdivision 8161", filed June 12, 2002, in Book 443 of. Maps, Page 9, in the Office of the County Recorder of said County, included within a strip of land, 2 . 700 meters wide, and lying northerly of and coincident with the following described line: Beginning at a point on the westerly line, of said Lot 5, that is, distant thereon North 20°02' 11" East 8 .372 meter from the most westerly corner of said Lot 5, said point being the beginning of a non-tangent curve, having a radius of. 12 of 16(60073-60174) 27, 978 . 265 meters; thence easterly, along said curve to the left, a radial line to said beginning of said curve bears South 19°48148" West, through an angle of 0°14130", an arc distance of 117 . 988 meters to the beginning of a reverse curve, having a radius of 14, 021 . 735 meters; thence easterly, along last said curve to the right, through an angle of 0148' 10", an arc distance of 196. 440 meters to a point on the easterly- line of said Lot 3, that is, distant thereon North 20002' 11" East 9. 298 meters from the most southerly corner of said Lot 3, last said point being the terminus of the herein described line. Containing 849. 0- square meters, more or less . PARCEL 60174-1 Fee Title (Matthew J.. Mazzei) A portion of Lot 2, as said Lot is shown on the map entitled CENTURYPLAZA III, SUBDIVISION 8161", filed June 12, 2002, in Book 443 of Maps, Page 9, in the Office of .the County Recorder of said County, and more particularly described as follows : Beginning at the most westerly corner of said Lot 2; thence North 20°02' 11" East, along the westerly line of said Lot 2, a distance of 9. 298 meters to the beginning of a non-tangent curve, a radial line to said beginning of said curve bears North 20°22' 28" East; thence easterly, along said curve to the right, having a radius of 14, 021 . 735 meters, through an angle of 00°08' 21", an arc distance of 34 . 069 meters; thence South 72°10' 42" East 73. 228 meters; thence South 69°26' 03" East 14 . 052 meters; thence South 63°43' 25" East 31 . 422 meters; thence North 26°16' 35" East, at right angles from last described course, 2 . 700 meters; thence South .62°44' 04" East 12 . 264 meters to the most easterly corner of said Lot '2; thence South 85°24' 41" West, along the general southerlyline of said Lot 2, a distance of 22 . 753 meters to an angle point therein; thence North 6957' 49" West, continuing along said general southerly line, 144 . 304 meters to the Point of Beginning. ContainingContaining 0 . 159 of a- hectare, more or less ! This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter' s rights including access rights, appurtenant to grantor' s remaining property, in and to said freeway. 13 of 16(60073-60174) I PARCEL 60174-2 M.S .E. Wall (Matthew J. Mazzei). An easement for the purposes of maintenance and construction of a Mechanically Stabilized Earth Wall (M. S .E. Wall) and incidents thereto, over, under, along and across a portion of Lot 2, as said Lot is shown . on the map entitled CENTURY PLAZA III, SUBDIVISION 8161", filed June 12, 2002, in Book 443 of Maps, Page 9, in the Office of the County Recorder of said County, and more particularly described as follows : Commencing at the most westerly corner of said Lot 2.; thence North 20°02' 11" East, along the westerly line of said Lot 2, a distance of 9 . 298 meters to the beginning of a non-tangent curve, a radial line to- said beginning of said curve bears North 20°22' 28" East, and the True Point of Beginning of the parcel of land herein to be described; thence easterly, along said curve to the right, having a radius of 14 , 021 . 735 meters, through an. angle of 00°08' 21", an arc distance of 34 . 069 meters; thence South 72°1.0' 42" East 73 . 228 meters; thence South 69°26' 03" East 14 . 052 meters; thence South 63°43'25" East 31 . 422 meters; thence North 26°16135" East, at right angles from last described course, 2 . 700 meters; thence North 63°43' 25" West 31 . 557 meters; thence North 69°26103" West 14 . 251 meters; thence North 72°10' 42" West 73 . 230 meters to the beginning of a non-tangent curve', a radial line to said beginning of last said curve bears North 20°30' 48" East; thence westerly, along last said curve to the left, having a radius of 14, 024 . 435 meters, through an angle of 00°08' 20", an arc distance of 34 . 028 meters to said westerly line of said Lot 2; thence South 20°02' 11" West, along said westerly line, 2 . 700 meters to the True Point of Beginning.. Containing 412 . 9 square meters, more or less . The parcel of land hereinabove described in PARCEL 60174-2 was intended to describe a strip of land, that is, 2 . 700 meters in width. Together with the right of ingress to and egress from the above described parcel of land, by way of such roads or passageways as may now or hereafter exist to sufficiently accommodate Grantee' s maintenance and or construction equipment, to include, but not limited to its maintenance .vehicle, over, along and across grantor' s remaining property; provided, however, that Grantee shall not unreasonably interfere with Grantor' s use of such roads or passageways . 14 of 16(60073-60174) Grantor, hereby reserves the right to use said easement area for purposes, which will not interfere with Grantee' s full enjoyment of the rights hereby granted; provided, that Grantor, its successors 'or assigns shall not erect, place or construct any permanent building or other structures, construct any fence, or plant or install anything that will interfere with the rights herein granted to Grantee within said easement area. PARCEL 60174-3 : Storm Drain Easement (Matthew J. Mazzei) An easement . for storm drain underground purposes and incidents thereto, upon, along, across a portion of Lot 2, as said Lot is shown on the map entitled "CENTURY PLAZA III, SUBDIVISION 8161", filed June 12, 2002, in Book 443 of Maps, Page 9, in the Office of the County Recorder bf .said County, and more particularly described as follows : Commencingat the most westerly corner of said Lot 2; thence North 20002' 11" East, along the westerly line of said Lot 2, a distance of 9 . 298 meters to the beginning of a non-tangent curve, a radial line to said beginning of said curve bears North 20°22'28" East, and the True Point of Beginning of the parcel of land herein to be described; thence easterly, along said curve to the right, having a radius of 14, 021 . 735 meters, through an angle of 00°08' 21", an arc distance of 34 . 069 meters; thence South 72010142" East 73 . 228 meters; thence South 69°26' 03" East 14. 052 meters; thence .South 63°43125" East 31 . 422 meters; thence North 26°16135" East, at right angles from last described course, 2 . 700 meters; thence North 63043125" West 31. 557 meters; thence North 69°26' 03" West 14 . 251 meters; thence North 72°10' 42" West 73. 230 meters to the beginning of a non-tangent curve, a radial line to said beginning of last said curve bears North 20°30' 48" East; thence westerly, along last said curve to the "left, having a radius of 14, 024 . 435 meters, through an angle of 00°08' 20", an arc distance of 34 . 028 meters to said westerly line of said Lot 2; thence South 20002' 11" West, along said westerly line, 2 . 700 meters to the True Point of Beginning.: Containing 412 . 9 square meters, more or less . 15 of 16(60073-60174) The parcel of land hereinabove described in PARCEL 60174-3 was intended to describe a strip of land, that is, 2 . 700 meters in width. The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 3 . Multiply the above distances by 1 . 0000632 to obtain ground level distances . i 16 of 16(60073-60174) STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION DIVISION OF RIGHT OF WAY 4111GRANDAVENUE P.O.BOX 23440,MS-1 IA EXHIBIT "B" OAKLAND,CA 94623-0440 A. PHONE (510)286=5400 Flex your power!FAX (510)286-5379 Be energy eTTY (800)735-2929 efficient! October 27, 2008 4-CC-4 EA 228592 From: The State of California, Department of Transportation, District 4, Oakland, CA To: Contra Costa County Board of Supervisors, 651 Pine Street, Martinez, CA 94553-1275- RE: 4553- 1275RE: HIGHWAY CONSTRUCTION PROJECT FOR THE WIDENING OF STATE ROUTE 4 FROM LOVERIDGE ROAD TO SOMERSVILLE ROAD IN THE CITY OF PITTSBURG In accordance with Code of'Civil Procedure Section 760 and Cooperative Agreement#4- 2055/CCTA#90.14.15 executed on August 1, 2006, the State of California through its Department of Transportation hereby recommends to the Board of Supervisors for Contra Costa County that it approve the adoption of the attached resolution of necessity to acquire the property herein described as necessary for the planned Widening of State Highway Four from Loveridge Road to Somersville Road in the City of Pittsburg. R.A. MACPHERSON Deputy District Director State of California, Department of Transportation District 4/Right of Way Caltrans improves mobility across California" EXHIBIT ICU) Caltrans 44-2055 OCTA#94.14.15 COOPERATIVE AGREEMENT AMONG - , COUNTY OF CONTRACOS)`A, Tim STATE OF.EALrFmNiZ AND.THECONTRA COSTA TRANSPORTATION AUTHORITY FOR THE ACQUISITION OF REAL PROPERTY NECESSARY FOR THE STATE ROUTE 4-(E)WIDENING LOVERIDGE.TO SONERSVELLE PROJECT THIS AGREEMENT is effective the /,'a day of &u LZ .2006 among the COL)NTy OF CONTRA COSTA,a political subdivision of the State ofCalifbis(referred to herein as COLJNTY), the STATE OF CALIFORNIA,actingby and through its Department ofTransportation(referred to herein as STATE),and the CONTRA COSTA TRANSPORTATION AUTHORITY,apublic entity(referred to herein as AUTHORTM pursuant to the provisions of California Streets and Highways Code section 130. COUNTY, STATE and AUTHORITY are collectively referred to herein as The Parties. R E I I A L S A. The project that is the subject ofthis Agreement consists of the widening and improving ofStale HigbwayRoute4 from west ofLoveridge Road to west of SornersvilleRoad,reconstruction ofthe Loveridge Road interchange,and thereplarement of the CentwyBlvd.ovm7ossing,together with the acquisition of land necessary for said project(hereinafter collectively referred to as"Project"). B. STATE and COUNTY intend bythisAgreement tojointly exercise their powers Ofeminent domain pursuant to Code of Civil Procedure serf ion 1240.140 and Streets and Highways Code section 760. The purpose ofthis Agreement is to allocate responsibilities as between AUTHORITY,STATE and COUNTY for the acquisition of property necessary or convenient for the Project including,but not limited to,the exercise ofthe power oferninent domain.This Agreement does not constitute the creation of an agency or entity Which is separate from the Parties. C. The property Or interests therein to be acquired pursuant to thisAgreement are listed in Exhibit A, attached hereto and incorporated herein by this reference(hereinafter the`PrDpCrtn. D. On July 21,2005,STATE approved the proposed Project and adopted an Environmental-Impact Report pertaining to this Project that was certified on July 21,2005.On June 27,2006,COUNTY approved the proposed Project and adopted the certified Environmental Impact Reportpertaining to thisProject. On October 19,2005,AUTHORITY approved the Proposed Project and adopted the certified Environmental Impact Report pertaining to this Project The certified Enviroronental Impact Report authorizes the acquisition of the properties necessary for the Project. AGREEMENT I Tenn.The term of this Agreement shall be from the effective date until the Property described in this Agreement is acquired by STATE and all related right-of-way activities for the Project are completed by STATE or June 30,2012,whichever shall first occur. 2. STATE's Ob)i gations. STATE will be responsible for acquiring the Property necessary for the Woject. STATE will exercise thenecessary powers relating to property acquisition for the Project Page I of 7 bly 14,20M i.NCONDEMUPACouniyCollmn$,RON07-14-06FNAL,-pd with the exception ofholding resolution of necessitybearings. With that exception,STATE will have the power to take whatever steps are necessary to initiate and conduct to a conclusi on such eminent domain proceedings as are necessaryto obtain titleto any and all ofthe Property and,in connection therewith,to perform or enter into one or more contracts to obtain performance ofall required legal, engineering,appraisal,tight-of-way,relocation assistance and related services. a. If STATE is unable to acquire some oral]ofthe Propertyby negotiation,STATE mayrequest in writing that COUNTY hold one or more hearing(s)pursuant to Streets and Highways Code Section 760 and Code of Civil Procedure section 1245.235 for purpose ofconsidering the adoption of one or more resolution(s)of necessity to acquire some or all ofthe Property necessary for the Project. Each hearing request shall be submitted to the COUNTY's Principal Real Property Agent in the COUNTY's Public Works Department at least forty-five 45)days before the date requested forbearing on theapplicable resolution ofnecessity and shall contain,in a complete and organized package,the documents and information described below,as well as any other information deerned necessary orhetpful by COUNTY's Public Works Department. COUNTY's Public Works Department will advise STATE whether further information is needed no later than twenty-five(25)days after receipt ofSTATE's timely hearing request. l) The name(s),address(es)and telephone numbers)ofthe STATE-representatives makingtherequest;thename(s),address(es)and telephonenumber(s)ofthe STATE representativeswbo will be appearing at the bearing on theresolution ofnecessity and the name(s),addresses)and telephone numbers)oftbe attorney(s)representing STATE in any proposed eminent domain action. 2) The name,address and telephone number of each personwhose property interest is to be acquired by eminent domain and whosename and address appears on the last equalized county assessment roll. 3) A legal description(metes and bounds)and plat map(drawn to scale)of the property proposed to be condemned. 4) Copies of the Government Code section 7267.2 offers made to property owners, evidence that the offers were received and copies of any counter-offers. 5) A statement describing compbance with the Relocation Assistance Act.Acopy of any environmental impact report addenda,supplemental reports,or other applicable environmental documents that have not previously been provided to COUNTY. STATE will undertake all activities in compliance with applicable laws and Department policy. 6) STATEwillallow COUNTY Real Propertystafftoreviewthemarketvalueappraisal or appraisals for the subject Properties. STATE's allowing such review by specified COUNTY staffis not and shall not be construed to be a waiver ofthe confidentiality Page 2 of 7 July 14,2000ti,tCONDEMUPACountyCihrensKON07.14-06nNAL..wpd of said appraisals and anyCOUN Y staffreviewing the appraisals shall maintain the confidentiality thereof. 7) A draft resolution of necessity that complies with Code of Civi 1 Procedure section 1245.230 and Streets and Highways Code section 760 in hard-copy and electronic format. 8) A draft Contra Costa County Hoard Order which details all of the facts and evidence that support the findings required by Code of Civil Procedure section 1245.230(c) and Streets and Highways Code section 760,in hard-copy and electronic format, 9) STATE will prepare and send out notices ofthe hearing on the resolution ofnecessity that comply with the alternate procedure adopted.by COUNTY under Code of Civil Procedure section 1245.235,and provide copies to COUNTY's Public Works Department. b. STATE representatives will appear at resolution of necessity hearings,will present the proposed resolution(s)to COUNTY's governing body,will be prepared to answer the questions ofCOUNTY's goveniingbody,andwill introduce evidence and testimonysu.fbcient to support adoption ofthe proposed resolution ofnecessity and the findings contained therein. C. If COUNTY adopts a resolution of necessity, upon receipt of a certified copy of the resolution ofnecessity,S'TA'TE shall file any legal action in the name of STATE and shall handle all legal proceedings necessarytoobtain possession and title to the Property. STATE will file any legal actions necessary to acquire the Property no later than six(6)months following the date of adoption of the resolution of necessity. All Property acquired by negotiation,settlement condemnation award orotherwiseshall be acquired in the nameof STATE. 3. COUNTY's Obligations.COUNTY will conduct one or morepublichearing(s)at which COUNTY Board of Supervisors will consider the adaption of one or mom resolution(s)ofnecessity. Upon receipt ofa complete and timely request from STATE and satisfaction ofall noticing requirements, COUNTY will hold a hearing pursuant to Streets and Highways Code Section 760 and Code of Civil Procedure section 1245.235 forpurposes of considering the adoption ofa resolution ofnecessityto acquire some or all of the Property by eminent domain.If a resolution of necessity is adopted, COUNTY will forward a certified copy of the resolution ofnecessity to STATE at the address shown below within five(5)working days. 4. AUTHORTTY's Oblieatians. AUTHORITY will administer this Agreement and will pay all costs and expenses associated with COUNTY's participation in the matters covered by this Agreement including,but not limited to,costs associated with County Counsel and Public Works Department staff. Through September 30,2006,all services rendered by County Counsel's Office attorney staff' will be charged to AUTHORITY at the rate of S 170..00per hour. Through September 30,2006, services rendered by County Counsel's Office legal clerical staffwill be charged to AUTHORITY at therateof$50.00perhour, Comrnencing October],2006,County Counsel's billing rates maybe Page 3 of 7 July 14.2DD6 H:ICONDEMVPAGanmyCatioansRON47•14-06FRJALwpd adjusted annually upon thirty(30)days prior written notice to ALTMORITY. Billing statements will be submitted on no less than a quarterly basis. All services rendered by Public Works Department staff shall be paid at the rates shown on Contract 181,as amended,previously entered into between AUTHORITY and COUNTY,and as it maybe amended from time to time. Said rates may be adjusted in accordance with the usual practice between the Public Works Department and AUTHORITY,and billing statements shall be submitted in accordance with usual practices between the Public Works Department and AUTHORITY. Reasonable expenses will be billed at the actual cost incurred. Compensation payable byAUTHORITY to COUNTY under this Section 4 shall not exceed 525,000 without further written agreement of COUNTY and AUTHORITY. 5. Costs and Expenses ofPropgMAcquisition. COUNTY will have no responsibility topay anyofthe costs or expenses related to acquisi tion of the Property. These costswill bepaid by,and have been or will be allocated between,STATE and AUTHORITY by separate agreement.These costs and expenses include,but are not necessarily limited to the following: a. The deposit necessary to obtain immediate possession of the Property. b. Thepurchase price or compensation for the Property,whether determined through settlement, judgment or otherwise. C. The cost of relocation assistance and related services, including relocation benefits,if any. d. Compensation for loss of business goodwill,if any. C. The cost of preparing environmental documents and performing environmental review necessary to comply with the provision of the California Environmental Quality Act. f. Legal,engineering,appraisal,attorneys'and witness fees,costs of suit,and other litigation expenses,whether incurred prior to trial,at trial or on appeal. g. Costs payable upon abandonment of the condemnation proceedings. h. Costs awarded upon a finding of no or insufficient public use or necessity. i. All other casts for right-of-way activities. 6. Indemnification. To the fullest extentpermitted by California law,STATE and AUTHORITY agree to use Project funds to defend,indemnify,save,protect,and hold harmless COUNTY,its governing body,officers,and employees from and against any and alt loss,damage,liability,expense,claims or demands ofwhatever character,direct or consequential,including but not limited to attorneys fees and court costs,challenging the legality of any aspect of this Agreement or otherwise arising from or connected with any action taken by COUNTY,its agents, employees,departments,officers or officials pursuant to this Agreement.COUNTY's right to be defended,indemnified,saved,protected and held harmless hereundersbalI be unaffected by the concurrent,active or passive negligence or wrongful conduct ofCOUNTY or any other person or entity.This provision applies to,but isnot Page 4 of 7 My 14.2006 H:1CONDEMUPACounlyG}tnnsRON07-t4d1657N/y,wp limited to,any inverse condemnation actions brought as a result of STATE's failureto commence an eminent domain action for the subject Property within six(6)mon'ths after the date ofthe adoption of any resolution ofnecessitybyCOUNTY'sgovemingbody.The Prties'rightsand obligations under this section shall survive termination of this Agreement. 7. Entire ARzeement:Amendments. Except asprovided in Section 8 hereinbelow,the parties have herein set forth the whole oftheir agreement_All prior understandings or agreements,oral or written, of whatsoever nature regarding this matter are superseded and terminated bythis Agreement and are hereby abrogated and nullified.T&Agreementshallnotbemodifiedinanymannerexceptbyan instrument in writing executed by the Parties or their respective successors in interest. 8. Other Agreements.There are other agreements among the Parties which pertain to this Project. Except as specifically provided herein,this Agreement is not intended to alter or supercede those agreements. The terms of this Agreement shall take precedence only over any conflicting terms in any of the other agreements as they relate to the Property acquisition issues specifically addressed mi this Agreement. If there is a dispute as to whether another agreement has been superceded by or conflicts with this Agreement,the Parties will meet and confer in good faith to resolvc the issue. 9, No6ces.Any notice required under this Agreement will be in writing and personally delivered,or sent by first-class mail, overnight delivery,or facsimile,to the following: COUNTY: County of Contra Costa Public Works Department Attn:Karen A.Laws Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Facsimile: (925)646-0288 Copy to:County of Contra Costa Office of County Counsel Attn: Chief Assistant County Counsel 651 Pine Street,9°i Floor Martinez, CA 94553 Facsimile: (925)646-1078 Remainder ofpage left intentionally blank.) Page 5 of 7 uty 14,2006 H.%COND£MUPACountyCsIns nsRDNo?-14AdflNAL.wpd AUTBORITY: Paul Maxwell Chief Deputy Executive Director,Projects Susan H.Miller Director,Projects Contra Costs Transportation Authority 3478 Buskirk Avenue, Suite 100 Pleasant Hill,CA 94523 Facirnile(925)407-0128 STATE: Laurie Lau California Department of Transportation Regional Project Panager 111 Grand Avenue P.O.Box 23660 Oakland,CA 94623 Facsimile(530)286-5136 10. Stato/Authority Cooperative Agreement.No action will be taken under this Agreement by COUNTY or STATE until STATE and AUTHORITY have entered into a SePaimte cooperative agreement providing for the funding of these activates and STATE and AUTHORITY haveprovided a copyofibe separate agreement to COUNTY. 11. Counterparts. This Agreement maybe signed in counterparts and shall become effective upon its execution by the Parties hereto,each copy having the same force and effect as an original. Remainder ofpoge left intentionally blank.) Page 6 of 7 July tA,2006 i.*NCONDFJvNPACotinlyCatimrdRON07-14-06MAL.wpd 12. 5—eV–ejmhLrLty. Should anyprovision oftMs Agreementbe held to be invalid or unenforccableby acowi of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement CONTRA COSTA COUNTY CONTRA.COSTA TRANSPORTATION AUTHORITY By: By:: Designee,Maurice Shiu Donald P. Freitas, Chair Public Works Director Date: Date: PROVE . S T -FO ATTEST: By. By:: aron L.An. erson Robert K.McCleary Chief Assistant County Counsel Executive Director Date: APPROVED AS TO FORM: STATE OF CALIFORNIA: Department of Transportation By:: Stanley Taylor Will Kempton,DirectOr Authority Legal Counsel By: r•. D uty 6irector,k)ep n Date: APP..20VE AS TO FORM AND.PROCEDURE: roAttorney,Department of Transportation CERTM TO FUNDS: By. :. 0 t District Budget Manager CERTIFIED AS TO FIN AL TERMS AND POLICIES: By: Accountin nistrator SLA:la Page 7 of 7 July 14,2DU H.NCONDENNPACoumyCiihnmRON07.14-06FINAL:wpd 12. Severability. Should anyprovision ofthis Agreement be held to be invalid or unenforceableby2COUrt of competent jurisdiction, such holding shall not affect the remaining Provisions of this Agreement. CONTRA COSTA COUNTY CONTRA COSTA TRANSPORTATION AU T-H- q'-RI T-Y- By: B Desi --ee,-Qaurice Shiu- nald P. Freitag,.I Public Works Director Date: Date: APPROVED AS TO FORM: ATTEST: YBy::-4ar n . derson Robe'crt-x'm Clealea Chief Assistant County Counsel Executiveldr-r'ector Date: APPROVED AS TO FORM: STATE OF CALIFORNIA: Department of Transportation By:- St"anl 4 Taylor Wili Kempton,Director Authority Legal Counsel By: : Deputy Director Date-, APPROVED AS TO FORM AND.]PROCEDURE: By: Attorney,Department of Transportation CERTIFIED AS TO FUNDS: By: : District Budget Manager CERTIFIED AS TO FINANCIAL TERAIS AND POLICIES: By: :— Accounting Administrator SLA:la Page 7 of 7 July 14,2DD6 H:ICONDEMIJ PACowyCe luantRON07-I 4.06FINA Lwo X E CR 6 a I At co 10 0 Qa i 2 5 c; KaySQm 00 C• 0. x A C IT a c E L rt 6 Zo w a 2 1*- A,i AD A A w Q E U UE 9 2 u 13 fi E e a 2: 4 Re vX30_ U e e o29 c a as 8 fe 0mia ug 0 ee ccN pc DGr 7 6 1z,I w OS 0 .1im c; LC MOtiffRcD oil 0 CONTRA COSTA TRANSPOR TA TION A UTHORITY Resolution 903-02-P RE: Authorization for the Chair of the Authority to Execute Cooperative Agreements,Contribution Agreements and Joint Exercise of Powers Agreements with Caltrans WHEREAS,the Contra Costa Transportation Authority is actively involved,in partnership with Caltrans, in all aspects of project development on state highways including preliminary engineering, environmental clearance and construction;and WHEREAS,from time to time such partnerships require the execution of formal agreements between the Authority and the State;and WHEREAS,Caltrans procedures require a formal action by resolution of the Authority authorizing the responsible person to execute each agreement on behalf of the Authority; NOW THEREFORE BE IT RESOLVED, that the Authority Chair is authorized to execute on behalf of the Authority,each and every project-related Cooperative Agreement, Contribution Agreement or Joint Exercise of Powers Agreement with Caltrans;and THEREFORE BE IT FURTHER RESOLVED, that nothing in this resolution shall supercede any prior delegations of authority to the Executive Director in the execution of any agreements with Caltrans. Julie Pierce,Chair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held February 19, 2003 in Pleasant Hill,California APPnOVFD BY THE Attest: C CONTRA COSTA Robert cCle ecutive Dire for t h SFr]RTATION AUTHOMY i7 Zoo( RTI IED 8Y i p 5 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR 5 Costa Y ` ya County DATE: AUGUST 1,2006 SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT AMONG COUNTY CALTRANS,AND THE CONTRA COSTA TRANSPORTATION AUTHORITY TO JOINTLY EXERCISE POWERS TO ACQUIRE PROPERTY FOR STATEROUTE 4 EAST WIDENING, LOVERIDGE TO SOMMERSVILLE: PROJECT. SPECIFIC REQUEST(S)OR RECOMMENDATiON(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE Public Works Director or designee to execute a Cooperative Agreement among Contra Costa County, the State of California (Caltrans) and the Contra Costa Transportation Authority for the acquisition of real property for the State Route 4 East Widening, Loveridge to Sommersville Project. FIND that the actions taken under the Cooperative Agreement will promote the interests of the County. FISCAL IMPACT The Contra Costa Transportation Authority (CCTA) will pay all costs and expenses associated with the County's participation in the matters covered by the Cooperative Agreement, including but not limited to County Counsel and Public Works staff time. All costs of property acquisition will be allocated between Caltrans and (CCTA). CONTINUED •N ATTACHMENT: Yes SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE M_j,- APPROVE OTHER SIGNATURE (S):~ ACTION OF BOARD'DN Cr- APPROVED AS RECOMMENDED !._. OTHER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT r }AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, Contact Person: Karen A.laws,313.222E C f C CC: Public Works, Real Prop.Div_ATTESTED- County TTESTED County Counsel John Cullen.CLERK OF THE$OARD OF CCTA(via Real Properly) SUPERVISORS"AND COUNTY ADMINISTRA1pR Caltrans(Via Real Properly) a gYr r DEPUTY xu§v /.1,2no Board Supervisors Page zn/» Approval dCooperative Agreement xmuo County,Caltrans and cCTAfor Acquisition mProperly for Loveridge tqSommesw/leRoad Project REASONS FOR RECOMMENDATIO W/BACKG ROUND The project that iS the subject of the Cooperative Agreement consists of the widening and improving of State Highway Route 4from west Of Loveridge Road to west o/ SOmn8rmvU/e Road. reconstruction Of the Loveridge Road interchange, and the replacement of the Century Blvd. Overorossing, together with The acquisition Of land necessary for said project. On June 27, 2[)[}6^ the County approved the proposed project and adopted the certified Environmental |nnpoCt Report . HintohcaUy, acquisitions ofreal property for County road projects funded by CCTA have been handled by the Ra8\ Property Division of the County's Public Works Department. However, recently Caltrans has asked to participate in the acquisition process. In response to this /mques. CTA hos agreed 10have Cnhrens assume responsibility for acquisition of the parcels involved in the Loveridge to SonnrnersviUe Project. Due to the cumbersome and time-consuming State procedures involved in adopting a resolution of nooenoby for Stale projects, the State has asked the County toconsider entering into this Cooperative Agreernent, which vvow|d aUuvv Caltrans and the County to jointly exercisetheir powers of eminent domain pursuant to Code of Civil Procedure section 1240.140 and Streets and Highways Code section 76O. Code of Civil Procedure section 1240.140 allows two ormore public agencies to enter into an agreement for the joint exercise of their powers oYeminent domain. Streets and Highways Code section 760 provides that if a county board of supervisors determines by o iour-fifths vote that acquisition under this statute will promote the interests of the county and the acquisition is recommended in writing by Caltrans the board of supervisors, by a four-fifths vote may acquire properly needed for State highway purposes. The statute aUovxa the tide to the properly to be taken in the name of the State. The only action required of the board Of supervisors under this statute is to determine whether to adopt the resolution of necessity and make the requited findings. After that is done, the State may proceed to condemn the subject real prOperty. The purpose of the Cooperative Agreement is to allocate responsibilities among CCTA' Caltrans and the County for the acquisition of properly for the project including, but not limited to, the exorcise of the power of eminent domain. The Cooperative /\greanl8nl does not constitute the creation of an agency or entity which is separate from the parties. A list of properly or interests to be acquired pursuant to the Cooperative Agreement is attached as Exhibit A. AL;gust 1;-2OD6-- Board of Supervisors Page 3 of 3 Approval of Cooperative Agreement Among County,Caltrans and CCTA for Acquisition of Property for Loveridge to Sommersville Road Project Under the terms of the Cooperative Agreement if Caltrans is unable to acquire some or all of the property by negotiation, Caltrans may request in writing that the County hold one or more hearings for purposes of adopting one or more resolutions of necessity. Each hearing request will be submitted to the Real Property Division of the Public Works Department, along with sufficient information to enable the Real Property Division to determine whether it is appropriate to ask the Board to consider adoption of a resolution of necessity. Caltrans representativesives will appear of the resolution of necessity hearings and will present the proposed resolutions to the Board. The Cooperative Agreement requires the Slate and CCTA to use project funds to defend, indemnify, save, protect and hold harmless the County from loss damage or liability resulting from the County's actions under the agreement. The Cooperative Agreement has been approved and executed by representatives of CCTA and Caltrans. If the County approves the Cooperative Agreement, it will become immediately effective on the date of Bo-ard approval. However, no action will be taken under the Cooperative Agreement until Caltrans, and CCTA have entered into a separate agreement providing for the funding of the activities of CCTA and Caltrans and have provided a copy of the agreement to County. CONSEQUENCES OF NEGATIVE ACTION If the Board does not approve this agreement and CCTA still elects to have Caltrans acquire the subject properties, acquisition of the subject properties and completion of the project is likely to take more time. Attachment: Exhibit A — List of Properties to be Acquired CaitransCot)pAgtBoatdOiderB-1-06.doc E m a tomrnn ah ry b mn VE m ttin oto n v n v^! mm Iol 1"IOE0 n 7LL Y V !fi^m m N fel m fl r'!m N N'i h N e S d m enAyP Cp S, s 4yVI ' Scpb IQm a d8V n r 3N ilia 3• y6A66 5 O711Vn.VAoI Mai1 o p p M S as at3 S11uVgcnn40, MESO 5!1'r 0. o a e R it .nm m2 Qn g o o oat o to m 9 0S v Da P m oda% O ttmmm o Lyyxx eEDn` l313 lam K m.maN mm m00 0. 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