HomeMy WebLinkAboutMINUTES - 10201998 - D8 D.8
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 21 1998 by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: ADOPTION OF RESOLUTION OF NECESSITY FOR
ACQUISITION BY EMINENT DOMAIN OF REAL
PROPERTY
On this date, the Board of Supervisors was to consider adoption of a Resolution of
Necessity to acquire by eminent domain real property (access easement) required for
the State Highway 4 Willow Pass Grade Widening and Lowering project, Pittsburg
area.
Martha Anthony, representing the Alves Family Partnership, owner of affected
property, requested that the hearing be delayed for two weeks.
THEREFORE, IT IS BY THE BOARD ORDERED that this matter is CONTINUED
to November 3, 1998 at 11:45 a.m.
I hereby certify that the foregoing is a true and
correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the
date shown.
ATTESTED: Q' zM
Phil Batch or, Clerk of the Board
of Super `sors and Count Administrator
By
June L. McHuen, l5eputy Clerk
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: September 28, '1998
TO: Board of Srvisors
FROM: icael Walford, Public Works Director
SUBJECT: Report Re: State Highway 4 Willow Pass Grade Widening and Lowering
Project—Substitute Access Easement
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 Pittsburg area in connection with the above-
reference project, and set October 6, 1998, 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.
1. Pro osed Project- (Project description by Engineering)
The project will consist of acquiring a substitute access easement, pursuant to
C.C.P. Section 1240.510, to provide legal access for a property owner affected by
the closure of an access opening along Highway 4, in connection with the State
Highway 4 Willow Pass Grade Widening and Lowering project in the Pittsburg area.
The easement shall extend from the end of the public road, known as West Leland
Road, westerly along an existing private road to the point of reconnection with the
severed roadway.
In order to complete 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:
See Attached Exhibit "A"
This notice consisted of sending by first-class and certified mail on September 16, 1998,
a Notice of Intention which notified these owners that a hearing is scheduled for October
6, 1998, 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.
11
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11. Scope of Haadng Per C.G.P. Section 1245.235
A. Public Interest and Nec ssity reg iru a the J2=osed 1roject.
It is necessary to provide substitute access, for an affected property owner,
caused by the closure of an access opening in connection with the highway
widening project.
B. The Mjeat i&Rlannedn n t will tibl
with the greatest public good and the least private injyry.
To minimize impact, the location of the substitute access easement was
chosen to coincide within an existing private roadway that is also situated
within the proposed future alignment of the West Leland Road extension.
C. The pro e�rty sought to be acquired is necessary for the project.
The property rights to be acquired are necessary to provide substitute
access, for an affected property owner. caused by the closure of an access
opening in connection with the highway widening project,
D. The offer f gom2pnsatign Eggluired by ftction 7267.2 Government
Code has been made to the owner or owners of record.
The offer was made to the owners on August 25, 1998.
Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items (A, B & C) 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 11 A, B and C
above, further find that the property is necessary for the purpose specified
in C.C.P. section 1240.850, adopt a Resolution of Necessity to acquire the
required property by eminent domain, determine that the taking of the
substitue property has the effect prescribed in C.C.P. Section 1245.250, and
direct the Board Clerk to file a copy of this report.
RB:gpp
G:kGrpOatekRealProp\98-91CO20A-Hwy4.doc
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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EXHIBIT W
STATE HIGHWAY 4 WILLOW PASS GRADE
Eugene G. Alves Family Partnership
Gerald Eugene Alves,Trustee
c/o Eugene G. Alves
P.O. Box 950
Pittsburg, CA 94555
G:\GrpData\RealPmp\98-9\COI-Alves.doc
REQUEST TO SPEAK PORK
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Complete this form and place it in the box near the speakers
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Name: 1 Phone t 0�5 t ' T;�
Address: City:
I am speaking for myself or organization:
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I wish to speak on Agenda Item # +�'. Plate. 10 ," ff
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the
Board to consider:
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