HomeMy WebLinkAboutMINUTES - 11081994 - 1.23 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: November 8, 1994
SUBJECT: SUBDIVISION 7633, STONEBRIDGE ESTATES, OFF-SITE ACCESS ROAD
CONDEMNATION SCREENING COMMITTEE REPORT
ALAMO AREA
Project No.: 0651-61-5010
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. RECEIVE the October 25, 1994 Report of the condemnation screening committee, FIND that all
the criteria listed in Section "B" of the Condemnation Screening Committee Policy have been
satisfied, and ADOPT the recommendations contained in said Report.
B. TENTATIVELY APPROVE developer J. Patrick Land Company's request that the County
exercise its power of eminent domain to condemn fee title and temporary construction
easements, as further identified in said request,for road purposes in connection with Subdivision
7633, as a preliminary step permitting the County to consider whether to initiate condemnation
proceedings.
C. APPROVE AND AUTHORIZE the Board Chair to execute on behalf of the County the Agreement
for Acquisition of Off-Site Right-of-Way in accordance with the provisions of Section "D" of the
Condemnation Screening Policy. JJ
Continued on Attachment:X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON =' 1994APPROVED AS RECOMMENDED X, OTHER
VOTE OF SUPERVISORS
_ UNANIMOUS(ABSENT 13r )
AYES: NOES-
ABSENT: ABSTAIN:
DD:glo
g:\realprop\temp\boa8.t11 1 hereby certify that this is a trueandcorrectcopyof
Orig. Div: Public Works(R/P) an action taken and entered on the minutes of the
Board of Sup Iyrs on the date shown.
Contact: D. Dawkins (313-2224) ATTESTED: 11gnn
cc: County Administrator PHILL 8 T HELOR,c f the Board
P.W.Accounting of Supervisors and county Administrator
BY .Deputy
x:
Stonebridge Estates
Subdivision 7623
November 8, 1994
Page Two
II. Financiallmaact:
All costs to be borne by the developer, J. Patrick Land Company, pursuant to the terms of the
Agreement for Acquisition of Off-Site Right-of-Way.
III. Reasons for Recommendations and Background:
On or about May 31, 1994, the County received a request for condemnation pursuant to County
Resolution No. 76/1067, The County's Condemnation Screening Policy. The requesting party,
J. Patrick Land Company, requested that the County exercise its power of eminent domain to
condemn fee title and temporary construction easements for road purposes across land owned
by Mr. &Mrs. Arthur Anderson and Mrs. Elizabeth Overholtzer in the Alamo area of Contra Costa
County in connection with the development of Subdivision 7633, Stonebridge Estates.
Upon receipt of the request, a condemnation screening committee was formed pursuant to the
County's policy. The committee, in conjunction with the developer, the property owner and their
respective attorneys, met three times. The committee found that the request met the criteria of
the Condemnation Screening Policy and makes the above-cited recommendations to the Board.
IV. Consequences of Negative Action:
Negative action would be contrary to the Board's adopted policy for the exercise of eminent
domain by the County to acquire property for public use and improvement to facilitate beneficial
development of the County without unnecessary cost to the taxpayers and to allow effectuation
of applicable laws.