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HomeMy WebLinkAboutMINUTES - 02111986 - T.1 TO: REDEVELOPMENT AGENCY + FROM: Phil Batchelor Contra Executive Director Costa Codr'U DATE: February 5 , 1986 W � SUBJECT: Condemnation Hearing, February 11, 1986 at 10:30 - a.:m." SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION Staff recommends that the Agency take the following actions A. Hold a public hearing as required by C.C.P Section 1245 ..235 with respect to condemnation of the following.. property located in the Pleasant Hill. BART Station. Area Redevelopment Project. Property located at the northeast corner of the intersection of Treat Boulevard and..Buskirk-Avenue identified as Assessor' s Parcels 148`-242-01.2--and 148-242-013 . B. Make the findings and determinations as listed in the following report under Sections ' I,I A, : B C- And. D. C. Adopt' a Resolution of Necessity to acquire the above listed property by eminent domain and direct the Clerk to file a copy of this report. FISCAL IMPACT None. Developer of Record is required to pay all costs of acquisition. BACKGROUND AND REPORT TO THE AGENCY On January 21, 1986, the Board of Supervisors, . as the Board of Commissioners of the Contra Costa County Redevelopment Agency, adopted Resolution of Intention to Adopt Resolution of Necessity No. RA 86-1 for condemnation of real property for the Pleasant Hill BARTD Station Area Redevelopment Project, and set February 11, 1986, at 10:30 a.m. as the date and time affected owners may appear and be heard as to matters specified by law under C.C.P. Section 1245 . 235 as set forth below. Upon recommendation of County Counsel, the following report is made for the Agency' s information and consideration prior to taking action upon said hearing. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECT_R. RECOMMENDATION OF AGENCY CGm'! ITTEi APPROVE OTHER SIGNATURE(S) ACTION OF AGENCY ON February 11, 1986 APPROVED AS RECOMMENDED OTHER X CLOSED .public hearing and DEFERRED decision to Mfarch 18, 1986 (to be listed on Determination agenda) . VOTE OF CCX_`lISSI0N=_RS X UNANIMOUS (ABSENT —` ) I HEREBY CERTIFY THAT T)41S IS A TRUE .AYES: NOES: AND CORRECT COPY.OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE RDEV_LOa_ MENT AGENCY 9N THE DATE SHOWN. CC: Redevelopment Director ATTESTED t LA County Administrator PHIL BATCHELO AGE:dCY SEC?E^a:Y Public Works County -Counsel DEPUTY Condemnation Hearing February 11, 1986 Page 2 I . Proposed Project The proposed condemnation of two parcels (one owner) is required to further the assemblage of Redevelopment Area 10A under one ownership. The master developer, Wallace-Olson Associates, Inc. was able to acquire the bulk of the properties comprising Area 10A, but was unable to come to terms with the owners of the property to be condemned. The developer has requested that the Agency acquire the property by condemnation if negotiations are unsuccessful, which is presently the case. Area 10A is located at the northeast corner of Treat Boulevard and Buskirk Avenue; subject parcels are located at the southwest corner of 10A. In order to proceed with the project, it is necessary for the Agency 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: 1. Edward C. Haber, Donald C. Timmermann, 2444 Aarles Court, Walnut Creek. This notice consisted of sending by first-class mail on January 22, 1986 , a copy of Redevelopment Agency Resolution No. RA 86-1 dated January 21, 1986 , which notified these owners that a hearing is scheduled for February 11, 1986, at 10: 30 a.m. in the Board' s Chambers, at which time they may appear to be heard on the matters rreferred to in the notice. II . Scope of Hearing Per C.C.P. Section 1245 . 235 A. Public Interest and Necessity require the proposed project. On July 10, 1984, the Board approved the Pleasant Hill BARTD Station Area Redevelopment Project. This project provides for the assemblage of parcels within designated development areas. After many public hearings and meetings the Board recognized that the public interest and necessity requires this project to promote controlled development that will integrate social and economic benefits to Contra ,Costa° County. B. The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. The Environmental Impact Report for this project was certified by the Board on July 10, 1984. This report documents the need for, and the benefit to the public that will derive from the redevelopment project. C. The property sought to be acquired is necessary for the project, The Haber-Timmermann property is in Development Area 10A of the Pleasant Hill BART Station Area Redevelopment Project. D. The offer of compensation required by Section 7267 . 2 of the Government Code has been made to the owner or owners of record. The Agency has offered the owner the full appraised value of his property based on an approved appraisal. Settlement offers in excess of the appraised value were made by the master developer and were not accepted. Condemnation Hearing February 5, 1986 Page 2 III. Recommended Action A. Agency to ask if any notified property owners wish to be heard as to the four items specified in Section II above. B. Upon completion and closing of the hearing, it is recommended that the Agency make the findings and determinations listed under II A, B, C and D above and adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Clerk to file a copy of this report. 2-11-86 .bo2 TAP:krc cc: County Administrator' s office County Counsel Real Property Redevelopment Director Board Clerk - If approved by the Board, please file a copy of this report in your records.