HomeMy WebLinkAboutMINUTES - 11031998 - D8 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
2
3 Re: Condemnation of Property for RESOLUTION OF NECESSITY
Substitute Access Purposes in No. 98/587
4 Connection with the State Highway 4 (C.C.P. Sec. 1245.230)
Willow Pass Grade Widening and j
5 Lowering Project, Pittsburg Area
6 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or
7 more of its members RESOLVES that:
8 Pursuant to Government Code Section 25350.5 and Code of Civil Procedure Section
9 1240.350 Contra Costa County intends to acquire an interest in real property for the purpose of
10 providing legal access to a public road for a property owner affected by the closure of an access
11 opening along Highway 4, in connection with the State Highway 4 Willow Pass Grade Widening
12 and Lowering project ("Project") in the Pittsburg area.
13 The property to be acquired consists of a substitute access easement which is generally
14 located in the Pittsburg area. The said property is more particularly described in Appendix"A",
15 attached hereto and incorporated herein by this reference. The use, scope and extent of the
16 substitute access easement will be limited to the same use, scope and extent of the access
17 easement that was closed by the Project, as described in that grant of easement recorded on
18 February 20, 1905 in Volume 102 of Deeds,page 520 Records of Contra Costa County and
19 further described in the Judgment recorded December 4, 1933 in Book 348,OR, Page 468 of the
20 Records of Contra Costa County.
21 On September 16, 1998, notice of the County's intention to adopt a resolution of
22 necessity for acquisition by eminent domain of the real property described in Appendix "A"was
23 sent to persons whose names appear on the last equalized County Assessment Roll as owners of
24 said property. The notice specified October 6, 1998, at 11:00 a.m. in the Board of Supervisors
25 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
26 place for the hearing thereon. At the hearing the Board continued the item until October 20,
27 1998 at 2:00 p.m.
28
I The hearing was held at that time and place, and all interested parties were given an
2 opportunity to be heard. used upon the evidence presented to it,and taking into account
3 hardship to the owner of the property,this Board finds, determines and hereby declares the
4 following:
5 1. The public interest and necessity require the proposed project; and
6 2. The proposed project is planned and located in the manner which will be most
7 compatible with the greatest public good and the least private injury; and
8 3. The property described herein is necessary for the proposed project;and
9 4. The offer required by Section 7267.2 of the Government Code was made to the
10 owner or owners of record.
11 5. The taking of the substitute property is necessary for the purpose of acquiring
12 legal access to a public road as specified in Section 1240.350 of the Code of Civil
13 Procedure.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:'
15 To acquire in the County's name,by condemnation,the titles,easements and rights of
16 way as set forth in Appendix"A", in and to said real property or interest(s) therein,in
17 accordance with the provisions for eminent domain in the Code of Civil Procedure and the
18 Constitution of California:
19 To prepare and prosecute in the County's name such proceedings in the proper court as
20 are necessary for such acquisition;
21 To deposit the probable amount of compensation,based on an appraisal,and to apply to
22 said court for an order permitting the County to take immediate possession and use said real
23 property for said public uses and purposes.
24 PASSED and ADOPTED on November 3,1998 iby the following vote:
25 AYES: SuPERvISORS uiLKEmA,GERBER,DESALINIER,CANciAMILLA
26 NOES: Nom
27 ABSENT: Sup?ERVISOR ROGERS
ABSTAIN: NONE
28 /1/
I I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
3 Costa County, California, at a meeting of said Board on the date indicated above.
4 Date:
5
6
7 1 hereby oertify that this is a true and correct copy of
an action taken and entered on the minutes of the
8 Board of SupqrVISSOEOfin the dateown.
ATTESTED:
9 PHIL BATCHELOR,Clark-of the Board
10 Of Supervisors and CountyAdministratcr
By
11 Deputy
12
13
14 Orig. Dept: Public Works Department(R/P)
Contact: Auditor-Controller
15 County Counsel (Certified copy)
16
17
18
19
20
21
22
23
24
25 J1AGR0UPS\STAFF\ALV$S-RS.WPD
26
27
28
Floating Access Easement
Portions of APN 097-1160-013
APN 097-160-047
Alves to C.C. Co.
16.5 feet in width
Appendix "A"
Parcel 1
A portion of Parcels "A" and "C" as shown on the Parcel Map, filed October 24, 1963, Book 108 of
Parcel Maps, Page 2, Contra Costa County Records, described as follows:
A nonexclusive floating access easement over a strip of land 16.5 feet in width extending from the
most easterly boundary of said Parcel "A"westerly through such Parcels"A" and "C" in the general
location shown on Exhibit "B" attached hereto and incorporated herein by this reference, to the
intersection of the roadway easement as described in the Deed to Jos. Faria, et al, recorded
February 20, 1905, Book 109 of Deeds, page 520, and in the Judgment recorded December 4,
1933, Book 348, Page 468, Official Records. The location of said floating easement to follow
driveway on said Parcels "A" and "C" (108 PM 2) as it may be located or relocated in this area from
time-to-time.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act,
r4 �AN1)
Signature:
Licensed Land Surveyor
Contra Costa County Public Works E rf-oa *
Date: cam- 2- 5
RB:gpp
G:NGrpDatalcierical\EXH ISITS\Fariaexb.doc
August 24, 1998
1
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: September 28, 1998
TO: B and of Su rvisors
FROM: Ic a i afford, 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
Warks 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. Proposed Prof ct- (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 amass 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 CivilProcedure,
notice was given to the following persons whose names and addresses appear on
the last equalized County Assessment Roll:
See Attached Exhibit NA"
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.
It. $copeof. Hearing Per C.0 P. S€fction 1245.2,35
A. Public Interest and Nec
- essily re uire the ro s r ct.
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 121giect i ne, and located in thg manner that will be most conatibile
with fhe greatest public gggd and the I a t l2rivate il3iury.
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 property s u ht to be-agggimd is n cessa for the 2'r 'act.
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 off r of comgensation re uir d by Sg tion 7267.2 of the v nt
Cgdg hs1s been made tn the owner or ow 12e[s of record.
The offer was made to the owners on August 25, 1998.
Ili. Recommended Agtion
A. Board to ask if any notified property owners wish to be heard as to the three
items (A, B & C) specified in Section ll above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under Il A, B and C
above, further find that the property is necessary for the purpose specified
in C.C.P.',section 1240.350, adopt a Resolution of Necessity to acquire the
required property by eminent domain, determine that the taking of the
substtue 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:\GrpDatakRealProp\98-9\CO20A-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.
EXHIBIT"A"
f
STATE HIGHWAY 4 WILLOW PASS GRADE
Eugene G. Alves Family Partnership
Gerald'Eugene Alves, Trustee
c/o Eugene G. Alves
P.O. Box 9501
Pittsburg, CA 94565
G:1GrpData\RealPropt98-91CO I-Alves.doc