HomeMy WebLinkAboutMINUTES - 01221991 - H.1 H.1
1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
AS E%' OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
3 FLOOD CONTROL AND WATER CONSERVATION DISTRICT
4 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes, ) No. 91/52
5 D.A. 48B - Hwy. 4 Det. ) (C.C.P. § 1245 . 230)
Basins Pittsburg Area )
6 )
7 The Board of Supervisors of Contra Costa County,
8 California as ex officio governing body of the Contra Costa
9 County Flood Control and Water Conservation District, by vote of
10 two-thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix Section 63-5
12 and Deering's Water Code, Uncodified Acts, Act 1656 , Section 5,
13 Contra Costa County Flood Control and Water Conservation
14 District intends to construct a flood control detention basin, a
15 public improvement, and, in connection therewith, acquire
16 interests in certain real property.
17 The property to be acquired consists of one parcel and
18 is generally located in the Pittsburg area. The said property
19 is more particularly described in Appendix "A" , attached hereto
20 and incorporated herein by this reference.
21 On November 20, 1990, notice of the County's intention
22 to adopt a resolution of necessity for acquisition by eminent
23 domain of the real property described in Appendix "A" was sent
24 to persons whose names appear on the last equalized County
25 Assessment Roll as owners of said property. The notice
26 specified December 11, 1990, at 11 a.m. in the Board of
27 Supervisors Chambers in the Administration Building, 651 Pine
28
RESOLUTION NO. 91/52
i
it
1 Street, Martinez, California, as the time and place for the
2 hearing thereon.
3 At that time and place the hearing was continued. A
i
4 hearing was held on January 22, 1991, and all interested parties
5 were given an opportunity to be heard and based upon the
6 evidence presented to it, this Board finds, determines and
7 hereby declares the following:
8 1 . The public interest and necessity require the
9 proposed project; and
10 2 . The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the lease private injury; and
13 3 . The property. described herein is necessary for the
14 proposed project; and
15 4 . The offer required by Section 7267 . 2 of the
16 Government Code was made to the owner or owners of record.
17 The County Counsel of this District's is hereby
18 AUTHORIZED and EMPOWERED:
19 To acquire in the District' s name, by condemnation, fee
20 title to the property hereinafter described in Appendix "A" in
21 and to said real property or interests therein, in accordance
22 with the provisions for eminent domain in the Code of Civil
23 Procedure and the Constitution of California:
24 To prepare and prosecute in the District's name such
25 proceedings in the proper court as are necessary for such
26 acquisition;
27 To deposit the probable amount of compensation, based
28 on an appraisal, and to apply to .said court for an order
2
�i
1 permitting the County to take immediate possession and use said
2 real property for said public uses and purposes .
3 PASSED and ADOPTED on January 22, 1991, by the
4 following vote:
5 AYES: Supervisors Schroder, McPeak, Torlakson and Powers
6 NOES: None
7 ABSENT: None
ABSTAIN: Supervisor Fanden
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: January 22, 1991
Phil Batchelor, Clerk of the
14 Board of Supervisors and
County Administrator
15
16 By:
Deputy
17
18 SLA:df
dM pleading\no-state.nec
19 cc: Public Works Dept.
Real Property Div.
20 Auditor-Controller
County Counsel
21
22
23
0
24
25
26
27
28
3
Highway 4 Detention Basin
North State Development Co.
Appendix "A"
Parcel A (Detention: Basin "A"):
All that real property:;situate in the County of Contra Costa, State of California, being a
portion of the northeast '/4 of Section 16, T2N R1 W, Mount Diablo Meridian described as
follows:
Commencing at the north t/4 corner of said Section 16, being a found iron pipe with tag
marked RCE 9622; thence south 0° 52' 03" west along the mid section line 1630.91 feet
to the true point of beginning of this description; thence continuing south 00 52' 03" west
along said mid section line 24.69 feet; thence leaving said mid section line through the
following courses;
South 490 23' 00" east 349.48 feet;
North 630 05' 00" east 151.07 feet;
North 36° 27' 03" east 328.21 'feet;
North 47° 23' 09" east 339.71 feet;
North 330 01' 26" east 95.41 feet;
North 720 25' 13" east 105.95 feet;
North 150 46' 10" west 19.44 feet to a point on a curve; thence southwesterly along said
curve to the left with a radius of 3813 feet, whose radial bearing at its beginning is north
1511 46' 10" west, through a central angle of 90 34' 31", an arc length of 637.24 feet to a
point on a curve; thence southwesterly along said curve'to the right with a radius of
1424.92 feet whose radial bearing at its beginning is south 330 03' 46" east, through a
central angle of 40 27' 16", and arc length of 110.78 feet; thence south 610 23' 30" west,
49.36 feet to a tangent curve to the right with a radius of 424.98 feet, through a central
angle of 120 39' 03",'an arc length of 93.83 feet; thence southwesterly along a curve to
the left with a radius of 3813 feet whose radial bearing at is beginning is north 290 09' 00"
west, through a central angle of 20 59' 31" an arc length of 199.11 feet to the point of
beginning of this description.
Containing 4.95 acres more or less.
Bearings are based ion the California Coordinate System Zone III (C.C.S. 27).
RB:rs
c:nstate.ex
January 14, 1991
1
r
H.1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF
THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DATE: January 22, 1991
MATTER OF RECORD
SUBJECT: Proposed condemnation of real property for Drainage
Area 48B, Pittsburg area
The Board on January 15, 1991 continued to this day and time its
hearing on the proposed condemnation of real property for Drainage
Area 48B, Pittsburg area.
Ron Babst, Real Property Agent with the Public Works Department,
reviewed the staff report and recommendations dated January 17 , 1991.
Milton Kubicek, Deputy Director, Flood Control Division,
explained the need for the property.
Jean Pavo, Attorney for North State Development, appeared and
opposed the Board' s adopting the Resolution of Necessity today, noting
that one of the requirements for a condemnation had not been met, to
wit, proof that 'it is for the most public good with the least private
injury, and that her second objection is the question of valuation
placed of the property, noting that it is priced too low.
Ms. Pavo advised that North State Development is not opposed to
the Highway 4 widening project, and they do not desire to delay it,
but they do want to continue discussion with the Flood Control staff.
Jim Steadman, Civil Engineer for North State, requested
postponement of the action inasmuch as there were more issues not yet
discussed with Flood Control and it may affect the value of the land.
Milt Kubicek reponded and reviewed the Drainage Area 48B Plan
adopted for the West Pittsburg area.
The Chair ascertained there were no further speakers and declared
the hearing closed.
Supervisor Torlakson moved approval of the staff report and
recommendations, and adoption of Resolution No. 91/52. He urged that
negotiations continue on how to proceed with the project and on the
value question.
Supervisor Fanden inquired if there were not some other area for
the location of the detention basins, somewhere farther away from the
freeway.
Milt Kubicek responded, reviewing the various considerations in
proposing the placement of the basins.
Supervisor Fanden announced that she would be abstaining inasmuch
as she still had unanswered questions.
The Board thereupon adopted the following Resolution of
Necessity, with. Supervisor Fanden abstaining: