HomeMy WebLinkAboutMINUTES - 12161997 - U1 U.1
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property RESOLUTION OF NECESSITY
for Public Road Purposes, State NO. 97/ 698
4 Route 242, Concord Area (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more
6 of its members, RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets & Highways Code Section 943,
8 Contra Costa County in cooperation with the Contra Costa Transportation Authority, Caltrans and
9 the City of Concord, intends to construct a road reconstruction project, a public improvement, to
10 widen State Route 242 in the Concord area, and, in connection therewith, acquire interests in certain
11 real property.
12 The property rights to be acquired consists of one parcel and is generally located in the
13 Concord area. The said property is more particularly described in Appendix "A", attached hereto
14 and incorporated herein by this reference.
15 On November 25, 1997, notice of the County's intention to adopt a resolution of necessity
16 for acquisition by eminent domain of the real property described in Appendix "A"was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of said
18 property. The ;notice specified December 16, 1997, at 1:45 p.m. in the Board of Supervisors
19 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
20 place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
23 and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25 2. The proposed project is planned and located in the manner which will be most compatible
26 with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 4. The offer required by Section 7267.2 of the Government Code was made to the owner or
RESOLUTION OF NECESSITY 97/698
1
1 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 rights of way
4 hereinafter described in and to said real property or interest(s) therein, in accordance with the
5 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
6 Parcel 55971-1 is to be acquired as a temporary construction easement.
7 To prepare and prosecute in the County's name such proceedings in the proper court as are
8 necessary for such acquisition;
9 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
10 court for an order permitting the County take possession and use said real property for said public
11 uses and purposes.
12 PASSED and ADOPTED on December 16, 1997 by the following vote:
13 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
14 NOES: None
15 ABSENT: None
16 ABSTAIN: None
17 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
18 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra
19 Costa County, California, at a meeting of said Board on the date indicated above.
20 Dated: December 16, 1997
21
22 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
23
24 By: �1 '
25 Deputy
cc: Public Works Department
26 Real Property Division (Paul Gavey (313-2220)
Auditor-Controller
27 County Counsel (Certified Copy)
County Administrator
28 HADF0TI\BRIEFS\SLA\242-RS.WPD
RESOLUTION OF NECESSITY 971698
City of Concord 04-CC-680,242,4-2.7
County of Contra Costa Stephens
55971-1
Page 1 of 2
APPENDIX "A"
Parcel 1 (55971-1)
(Temporary Construction Easement)
A Temporary Construction Easement which will expire on July 1, 2001, being a portion of that real
property in the City of Concord, County of Contra Costa, State of California, deeded to the State
of California in that deed dated March 9, 1962 and recorded in Book 4072, Page 254, in the Office
of the County Recorder, Contra Costa County, California, described as follows:
Commencing at a point on the westerly line of said parcel, being distance thereon through a series
of compound curves along said westerly line 54.797 meters from the most northwesterly corner of
said parcel;
thence continuing along said westerly line from a tangent that bears 5.25°20'00"E., along a curve
to the right with a radius of 445.731 meters and central angle of 00°45'01", an arc length of 5.837
meters to a point of compound curve;
thence continuing along said westerly line from a tangent that bears 5.24°35'00"E., along a curve
to the right with a radius of 397.228 meters and central angle of 01°21'00", an arc length of 9.359
meters to a point of compound curve;
thence continuing along said westerly line from.a tangent that bears 5.23°14'00"E., along a curve
to the right with a radius of 358.424 meters and central angle of 01°30'00", an arc length of 9.384
meters to a point of compound curve;
thence continuing along said westerly line from a tangent that bears 5.21°44'00"E., along a curve
to the right with a radius of 326.676 meters and central angle of 00'50'10", an arc length of 4.767
meters to the beginning of a non-tangent curve;
thence leaving said westerly line from a tangent that bears 5.20016'13"W., along a curve to the right
with a radius of 1152.993 meters and central angle of 01'55'04", an arc length of 38.591 meters to
the beginning of a non-tangent curve;
thence parallel to said westerly line from a tangent,that bears N.14°35'57"W., along a curve to the
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City of Concord 04-CC-680,242,4-2.7
County of Contra Costa Stephens
55971-1
Page 2 of 2
Parcel 1 (55971-1) (cont.)
(Temporary Construction Easement)
left with a radius of 234.267 meters and central angle of 01 144'02", an arc length of 7.089 meters
to a point of compound curve;
thence parallel to said westerly line from a tangent that bears N.16'20'00"W., along a curve to the
left with a radius of 253.454 meters and central angle of 01'57'00", an arc length of 8.626 meters
to a point of compound curve;
thence parallel to said westerly line from a tangent that bears N.18°17'00"W., along a curve to the
left with a radius of 275.835 meters and central angle of 01°48'00", an arc length of 8.666 meters
to a point of compound curve;
thence parallel to said westerly line from a tangent that bears N.20°05'00"W., along a curve to the
left with a radius of 302.292 meters and central angle of OF 18'36", an are length of 6.911 meters
to the beginning of a non-tangent curve;
thence from a tangent that bears N.20°58'58"E., along a curve to the left with a radius of 1132.993
meters and central angle of 01°47'19", an arc length of 35.368 meters to the beginning of a non-
tangent curve;
Containing 735.8 square meters, more or less.
Bearings and distances used in the above descriptions are based on the California Coordinate System
of 1983, Zone III. Multiply distances shown by 1.00006533 to obtain ground distances.
This real property description has been prepared by me, or under my direction, in conformance with
the Professional Land Surveyors Act.
Q LAND SU
Signature
Licensed Land Surveyor tip,
iz-3i- yet
Date / 2 i 7
#5729 t��P
OF CA1-�F�EL
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
Date: December 15, 1997
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: BOARD ACTION ON ITEM NOT APPEARING ON POSTED AGENDA
Public Works Department staff has been working with the Contra Costa Transportation
Authority, Caltrans and the City of Concord on the State Route 242 project under a very
tight time schedule to make this public improvement available to the motoring public as
soon as possible. Because it is necessary to certify possession of the land rights by mid
January, 1998, in order to avoid costly delays, it is necessary to adopt a Resolution of
Necessity on December 16, 1997.
In preparation for this, staff notified all persons whose names and addresses appeared on
the last equalization assessment roll that there would be a hearing to consider adoption
of a Resolution of Necessity at 1:45 p.m. on December 16, 1997. A report to the Board
was prepared and a time scheduled with the Board Clerk, however, through a mis-
communication, the item was erroneously pulled off of the agenda by staff before its
distribution and not discovered until today. It is therefore requested that, pursuant to
Government Code Section 54954.2 (b)(2), the Board reschedule this hearing for 1:45 p.m.
on December 16, 1997, waive the time limits for submission of written materials under
Section 25-2.206 of the Better Government Ordinance and accept the attached
Condemnation Hearing Report.
JMW:PBG:gpp
g AreaIprop\97-121BOS.wpd
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: December 11, 1997
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, ember 16, 1997
State Route 242 Widening Project, Co cord 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 Concord area for the purpose of lane widening
on State Route 242, and set December 16, 1997 at 1:45 p.m. and thereafter 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 is a joint project involving the County, Caltrans, the
City of Concord and the Contra Costa Transportation Authority. The project involves
the addition of one traffic lane in each direction along State Route 242 from 1 680
to State Route 4. Because the two lanes are being constructed on portions of the
median, no additional permanent right of way will be required. All of the property
rights needed for the project are temporary and will cease upon completion of
construction.
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:
Samuel P. & Sheila A. Young Robert Ormiston
c/o One Market Plaza c/o One Market Plaza
3950 Spear Tower 3950 Spear Tower
San Francisco, CA 94105 San Francisco, CA 94105
1
Roger W. Helen G. Schultz, Richard S. Stephens
TRE c/o One Market Plaza
c/o One Market Plaza 3950 Spear Tower
3950 Spear Tower San Francisco, CA 94105
San Francisco, CA 94105
David Randall Fisher
Dorothy Ann Lulio Sanders P. 0. Box 1997
c/o One Market Plaza Martinez, CA 94553
3950 Spear Tower
San Francisco, CA 94105 Anton R. Keihl, TRE
1111 Vista Point Lane
Donna Dorian-Nichols Concord, CA 94521
c/o One Market Plaza
3950 Spear Tower Garson S. Soe
San Francisco, CA 94105 1855 Olympic Blvd., #350
Walnut Creek,-CA 94596
Daniel & Mary Lou Helix
c/o One Market Plaza Steven M. Tami
3950 Spear Tower 1920 Harriman Lane, #1
San Francisco, CA 94105 Redondo Beach, CA 90278
PCI VII
c/o One Market Plaza
3950 Spear Tower
San Francisco, CA 94105
This notice consisted of sending by first-class and certified mail on November 25, 1997, a
Notice of Intention which notified these owners that a hearing is scheduled for December
16, 1997, at 1:45 p.m. and thereafter 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 project will
provide two additional traffic lanes (one in each direction) along State Route
242. Because of the growth and resultant increased traffic volume from areas
to the east, these added lanes are needed to reduce traffic congestion and
increase air quality.
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 new lanes will
be constructed in the freeway median within the existing right of way and do
not require additional permanent right of way. The project has practically no
effect on neighboring properties while providing significant increase in traffic
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capacity. The property rights to be acquired are temporary only, cover a
relatively small parcel underneath a bridge, and cease upon completion of
construction.
C. The property sought to be acquired is necessary for the project. The
temporary property rights needed for this project are located under a freeway
bridge and are necessary to allow workers and equipment to work underneath
the bridge in order to widen the bridge to accommodate the additional lanes.
D. The offer of compensation required by Section 7267.2 of the Government
code has been made to the owner or owners of record. An agent for
Associated Right of Way Services, Inc., the right of way contractor for this
project, has made the required offer of compensation 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 II 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.
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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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