HomeMy WebLinkAboutMINUTES - 02281995 - H.1 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for RESOLUTION OF NECESSITY
Public Road Purposes: Johnston No. 95/90
4 Road Bridge Replacement (C.C.P. Sec. 1245.230)
San Ramon Area
5 The Board of Supervisors of Contra Costa County, California, by vote of two-
6 thirds or more of its members, RESOLVES THAT:
7 Pursuant to Government Code Section 25350.5 and Streets and Highways Code
8 Section 943, Contra Costa County intends to construct a road reconstruction project, a
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public improvement, to replace the Johnston Road Bridge and related improvements in
10 the San Ramon area, in connection therewith, acquire certain interests in real property.
11 The property to be acquired consists of five (5) parcels and is generally located in
12 the San Ramon area. The said property is more particularly described in Appendix "A",
13 attached hereto and incorporated herein by this reference.
14 On February 8, 1995, notice of the County's intention to adopt a resolution of
15 necessity for acquisition by eminent domain of the real property described in Appendix
16 ,A" was sent to persons whose names appear on the last equalized County Assessment
17 Roll as owners of said property. The notice specified Tuesday, February 28, 1995 at
18 11:00 a.m. in the Board of Supervisors Chambers in the Administration Building, 651
19 Pine Street, Martinez, California, as the time and place for the hearing thereon.
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The hearing was held at that time and place, and all interested parties were given
21 an opportunity to be heard. Based upon the evidence presented to it, this Board finds,
22 determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will be most
25 compatible with the greatest public good and the least private injury; and
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3. The property described herein is necessary for the proposed project; and
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4. The offer required by Section 7267.2 of the Government Code was made to
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l 1 the owner or owners of record.
2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the County's name, by condemnation, the titles, easements and
4 rights of way hereinafter described in and to said real property or interest(s) therein, in
5 accordance with the provisions for eminent domain in the Code of Civil Procedure and
6 the Constitution of California:
7 Parcel 1 is to be acquired in fee title.
8 Parcels 1A and 2A are to be acquired as permanent easements.
9 Parcels 1B and 2B are to be acquired as temporary construction easements to
lo expire at the end of construction or December 31, 1995, whichever first occurs.
11 To prepare and prosecute in the County's name such proceedings in the proper
12 court as are necessary for such acquisition;
13 To deposit the probable amount of compensation, based on an appraisal, and to
14 apply to said court for an order permitting the County to take possession and use said
15 real property for said public uses and purposes.
16 PASSED and ADOPTED on February 28, 1995, by the following vote:
17 AYES: Supervisors Bishop, Smith, DeSaulnier, Torlakson and Rogers
18 NOES: None
19 ABSENT: None
2o ABSTAIN: None
21 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
22 introduced, passed and adopted by the vote of two-thirds or more of the Board of
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i Supervisors of the Contra Costa County, California, at a meeting of said Board on the
2 date indicated.
3 Dated: February 28, 1995
Phil Batchelor, Cler ' ofr the,'Board-of
4 Supervisors and t✓ou. ty Administratrr
By:
6 Deputy l
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cc: Public Works Department
25 Real Property Division
Auditor-Controller
26 County Counsel (certified copy)
County Administrator
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W14: senramon-ron
281j 3
Johnston Road Bridge Replacement
PARCELS 1, 1A, 1 B - Stiles
Ptn. APN 204-100-033
APPENDIX "A" Dwg, RW6313-94
PARCEL 1: (FEE TITLE)
Real property in an unincorporated area of Contra Costa County, California, being a portion of Lot
1 as shown on the map of Subdivision 5736, filed September 29, 1981 in Book 258 of Maps at page
3, records of said County, described as follows:
Beginning at the southwest terminus of the course on the easterly boundary of Lot 1 shown as "north
53028'29" east 47.57 feet" on said map (258 M 3); thence, from the Point of Beginning, along the
northerly right of way line of Johnston road, south 83015'13" west 180.00 feet; thence, leaving last
said line, north 76004'39" east 178.91 feet; thence north 8301613" east 41.55 feet to a point on the
easterly boundary of said Lot 1 (258 M 3); thence, along said easterly boundary, south 53028'29"
west 45.00 feet to the Point of Beginning.
Containing an area of 2,476 square feet of land, more or less.
PARCEL 1A: (Drainage Easement)
Beginning at.the northeast terminus of the course on the easterly boundary of Lot 1 shown as north
53028'29" east 47.57 feet (258 M 3); thence along said easterly boundary of Lot 1, south 53°28'29"
west 2.57 feet to a point on the northerly boundary of PARCEL 1 as described above; thence, leaving
the easterly boundary of Lot 1, along the northerly boundary of said PARCEL 1, south 83015,13" west
41.55 feet; thence leaving the northerly boundary of PARCEL 1, north 15029'15" east 21.78 feet;
thence north 84°44'17" east 35.52 feet to a point on the easterly boundary of said Lot 1 (258 M 3);
thence, along said easterly boundary, south 36°46'38" west 1.53 feet; thence south 10027'36" east
16.88 feet to the Point of Beginning.
Containing an area of 772 square feet of land, more.or less.
PARCEL 1 B: (Temporary construction easement to expire at the end of construction or December
31, 1995, whichever comes first).
Commencing at the northeast terminus of the course on the easterly boundary of Lot 1 shown as
"north 53028'29" east 47.57 feet" (258 M 3); thence, along the easterly boundary of said Lot 1, south
53°28'29" east 2.57 feet to a point on the northerly boundary of PARCEL 1 as described above;
thence, leaving the easterly boundary of Lot 1, along the northerly boundary of said PARCEL 1,
south 8301613"west 41.55 feet to the point of Beginning; thence, from the Point of Beginning, south
76°04'39" west 132.47 feet; thence, leaving the northerly boundary of PARCEL 1, north 62°54'52"
east 108.44 feet; thence north 84044'17" east 38.00 feet to a point on the westerly boundary of
PARCEL 1A described above; thence, along said westerly boundary, south 15029'15"west 21.78 feet
to the Point of Beginning.
Pacge 1 of 4
I
Containing an area of 2,023 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS 27). To obtain grid distance,
multiply distance given by 0.9998964.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature: V.%u° soq`
Licensed and Surveyor �`�Q�NE IwE�y ��`o�
Contra Costa County Public Works 6
UP. L.�� �r
Date: Na 5999
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Page 2 of 4
Johnston Road Bridge Replacement
PARCELS 2A, 2B
Highland Partners '94
Ptn. APN 204-100-012
Dwg. RW6313-94
PARCEL 2A: (Drainage Easement)
Real property in an unincorporated area of Contra .Costa County, California, being a portion of
PARCEL "C" as shown on the map of M.S. 51-74 filed May 22, 1975, in Book 38 of Parcel Maps at
page 3, records of said County, described as follows:
Beginning at the northeast terminus of the course on the southerly boundary of PARCEL "C" shown
as "north 53028'29" east 67.86 feet" on said map (38 PM 3); thence, from the Point of Beginning;
along the southerly boundary of PARCEL "C", south 53028'29" west 20.29 feet to a point on the
easterly boundary of Lot 1 as shown on the map of subdivision 5736, filed September 29, 1981 in
Book 258 of Maps at page 3, records of said County; thence leaving the southerly boundary of
PARCEL "C", along said easterly boundary of Lot 1 (258 M 3), north 10°27'36" west 16.88 feet;
thence north 36046'38" east 1.53 feet; thence, leaving said easterly boundary of Lot 1, north
84044'17" east 18.00 feet; thence south 4°02'36" east 7.43 feet to the Point of Beginning.
Containing an area of 235 square feet of land, more or less.
PARCEL 26: (Temporary Construction Easement to expire at the end of construction or December
31, 1995, whichever comes first).
Beginning at the northeast terminus of the course on the southerly boundary of PARCEL "C" shown
as "north 53028'29" east 67.86 feet" (38 PM 3); thence from the Point of Beginning, along the
easterly boundary of PARCEL 2A described above, north 4002'36" west 7.43 feet; thence leaving the
easterly boundary of PARCEL 2A, north 84044'17"east 8.38 feet; thence south 74011'47" east 70.00
feet; thence south 58°11'00" east 52.83 feet to a point on the southerly boundary of said PARCEL
"C" (38 PM 3); thence, along said southerly boundary, north 66°25'47" west 33.84 feet; thence north
74°11'47" west 92.55 feet to the Point of Beginning.
Containing an area of 972 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS 27). To obtain grid distance
multiply distance given by 0.9998964.
Page 3 of 4
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
�.1ND SUR
Signature: ��S , JW
Licensed Land Surveyor
Contra Costa County Public Works Up.l2+3
Date:
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11/8/94
Page 4 of 4
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: February 14, 1995
TO: Board of Supervisors
FROM: J. Michael Watford, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, Feb uary 28, 1995
Johnston Road Bridge Replacement Project, Danville/San Ramon Area
Pursuant to procedure approved by Board Order dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Danville/San Ramon area for the construction
of road improvements, and set February 28, 1995, at 11:00 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 Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project-The project consists of the removal of an existing timber bridge
spanning Tassajara Creek on Johnston Road and the construction of a new two-
lane reinforced concrete bridge. The design includes the horizontal and vertical
realignment of Johnston Road for approximately 200 feet on each side of the creek,
as well as the stabilization of the creekbanks in the vicinity of the bridge. At the
beginning of the project, a temporary detour road will be built to the north of the
existing bridge to maintain access for local traffic during construction.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made offers of just compensation to the owners of record for the
rights required for this project. The offers were based on appraisals of the fair
market value of said property rights.
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:
Amy Stiles Highland Partners '94 Ronald L. Ferry
5451 Johnston Rd c/o Andy Hites 5656 Johnston Rd.
Pleasanton, CA 94566 6665 Amador Plaza Rd Pleasanton, CA 94566
Dublin, CA 94508
This notice consisted of sending by first-class and certified mail on February 7,
1995, a Notice of Intention which notified these owners that a hearing is scheduled
for February 28, 1995, at 11:00 a.m. in the Board's Chambers, at which time they
may appear to be heard on the matters referred to in the notice.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
The existing single-lane timber bridge is in a deteriorated state and requires
frequent inspection and maintenance. In addition, sight distances approach-
ing the bridge from both directions are insufficient. Due to the bridge's
structural deficiency, it qualifies for Federal Bridge Replacement Funds.
This project will realign the road and shift the new bridge slightly to the north,
removing dangerous curves on both sides of the bridge.
B. The proiect is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private injury.
After considering alternate alignments, engineering staff selected and
recommends the present alignment to provide a bridge and roadway which
meet current safety standards. This alignment will also cause the least
damage to private facilities and property and will have minimal negative
effect on future development. The acquisitions of property rights for the
project will affect no structures.
C. The property sought to be acquired is necessary for the project,
The permanent and temporary rights of way required for the construction and
maintenance of the new bridge, roadway and drainage facilities are shown
on the attached right of way drawing RW6313-94 (Exhibit "A").
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owners of record.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the four
items specified in Section 11 above.
B. Upon completion and closing of the hearing, it is recommended that the
Board 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 Board Clerk to file a copy of this report.
JMW:glo
g:\realprop\temp\CO20aJRB.t2
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-If approved by the Board, please file a copy of this report in your records.
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