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HomeMy WebLinkAboutMINUTES - 12141999 - SD9 I THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3-, Re: Condemnation of Property for Public RESOLVTJON OF NECESSITY Road Pumoses State Route 4 West Gap No. 99/ ' A' A 4 Project Hercules Area (C.C.P.11c. 1245.230) 5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or 6 more of its members, RESOLVES that: 7 Pursuant to Government Code Section 25350.5 and Streets & Highways Code Sections 8 760 and 943, Contra Costa County through a joint exercise of powers with the Contra Costa 9 Transportation Authority and Caltrans intend to construct a road project, a public improvement, 10 that consists of adding two new lanes, which will carry westbound traffic,north of the existing, 11 two lane highway more commonly known as Franklin Canyon Road in the Hercules area, and, in 12 connection therewith, acquire interest in certain real property. 13 The properties to be acquired consist of 6 parcels and are generally located in the 14 Hercules area. The said properties are more particularly described in Appendix"A", attached 15 hereto and incorporated herein by this reference. Parcel 2 is being acquired pursuant to Code of 16 Civil Procedure section 1240.350. A previous acquisition for this project took the leach field of 17 another property owner(Asbury Graphite). The acquisition of Parcel 2 is reasonably necessary 18 and appropriate to restore this utility service to Asbury Graphite. Parcels 3 and 4 are being 19 acquired from C.S. Land Inc. because C.S. Land Inc. claims that they have been left in such size, 20 shape and condition as to be of little market value. The acquisition of these parcels is made 21 under the authority of Code of Civil Procedure Section 1240.4 10. 22 On November 24, 1999, notice of the County's intention to adopt a resolution of 23 necessity for acquisition by eminent domain of the real property described in Appendix"A"was 24 sent to persons whose names appear on the last equalized County Assessment Roll as owners of 25 said property. The notice specified December 14, 1999, at 9:00 a.m. in the Board of Supervisors 26 Chambers in the Administration Building, 651 Pine Street,Martinez, California, as the time and 27 place for the hearing thereon. 28 The hearing was held at that time and place, and all interested parties were given an RESOLUTION NO. 99/663 I opportunity to be heard and based upon the evidence presented to it, this Board finds, determines 2 and hereby declares the following: 3 1. The public interest and necessity require the proposed project; and 4 2. The proposed project is planned and located in the manner which will be most 5 compatible with the greatest public good and the least private injury; and 6 3. The property described herein is necessary for the proposed project; and 7 4. The offer required by Section 7267.2 of the Government Code was made to the 8 owner or owners of record. 9 5. The acquisition of Parcel 2 is reasonable and necessary under Code of Civil 10 Procedure § 1240.350 to provide utility service to Asbury Graphite. 11 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 12 To acquire in the County's name,by condemnation, the titles, easements and rights of 13 way hereinafter described in and to said real property or interest(s) therein, in accordance with 14 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of 15 California: 16 Parcels 1, 2, 3, and 4 are to be acquired in fee title. 17 Parcels 5 and 6 are to be acquired as permanent easements. 18 To prepare and prosecute in the County's name such proceedings in the proper court as 19 are necessary for such acquisition; 20 To deposit the probably amount of compensation based on an appraisal, and to apply to 21 said court for an order permitting the County to take immediate possession and use said real 22 property for said uses and purposes. 23 PASSED and ADOPTED on December 14, 1999,by the following vote: 24 AYES: ffXM19MS QOIA, =DA, GRR&R, EFA INM and. OWffAM 1- 25 NOES: NM 26 ABSENT: NM 27 ABSTAIN: NM 28 - 2 - RESOLUTION NO. 99/663 1 2 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, 3 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra 4 Costa County, California, at a meeting of said Board of Supervisors of Contra Costa County, 5 California, at a rnting of said Board on the date indicated above. —ATTESTED: PHIL BATCHELOO,Clerk of the Board of SupeMwrs and County Administrator j Dmuty 9 10 11 12 13 14 Orig. Dept: Public Works Department(RIP) Contact: Karen A Laws(313-2228) 15 Auditor-Controller 16 County Counsel (Certified copy) 17 18 19 20 21 22 23 24 25 1:\cLER\c0xvE ercWcs.,pd 26 27 28 - 3 - RESOLUTION NO. 99/663 Commencing at the Point of Beginning in the hereinabove described PARCEL 1 (56459-11); thence South 62°26'25" Vilest, 88.714 meters; to the Point of Beginning for the herein described parcel; thence North 62112625" East, 5.959 meters; thence South 01100'46" East, 8.023 meters; South 62126'25" West, 4.500 meters; thence South 89059'14" West, 6.500 meters; thence North 0000'46" Vilest, 7.348 meters; North 89115914" East, 5.207 meters to the Point of Beginning. Containing an area of 80 square meters, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000060 to obtain ground distances This real pro yi description has been prepared by me, or under my direction in confo with the Professional Land Surveyors Act By u sA ian L. Stockinger, PLS �� L.sc �fi`b ate: i rof Tonal Land Surveyor No. 6995 ` .�, , �CAL' APPENDIX "A" State Route 4 Gap TOSCO Corporation PARCEL 1 (,56445-10) - FEE Tosco Corp. (rev. 9/22/99) Real property situated in the Rancho El Pinole, being a portion of those parcels of land described in the instrument to Tosco Corporation (Tosco) recorded April 22, 1997, Series No. 94-189097 records of Contra Costa County, State of California, described as follows: Commencing at the intersection of southeasterly line of said Tosco parcel and the northerly line of State Route 4 as described in deed to Contra Costa County recorded February 10, 1920 in book 362 of Deeds at page 292, Official records of said County; thence along said southeasterly line North 51036'50" East, 85.434 meters to the Point of Beginning for the herein described parcel; thence leaving said line and point North 62020'15" West, 50.045 meters; thence North 15155'10„ West, 20.026 meters; thence South 64016'35" East, 71.412 meters to the southeasterly line of said Tosco parcel; thence along said line South 51036'50" West, 18.513 meters to the Point of Beginning for the herein described parcel . Containing an area of 958 square meters, more or less The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone Ill (1991.35 HPGN). Multiply distances shown by 1.000064 to obtain ground distances. PARCEL 2 (56445-21) - FEE Leachtfeld Parcel) Tosco Corp. 9/22/99 Real property situated in the Rancho El Pinole, being a portion of those parcels of land described in the instrument to Tosco Corporation (Tosco) recorded April 22, 1997, Series No. 94-189097 records of Contra Costa County, Stag of California, described as follows: Commencing at the intersection of southeasterly line of said Tosco parcel and the northerly line of State Route 4 as described in deed to Contra Costa County recorded February 10, 1920 in book 362 of Deeds at page 292, Official records of said County; thence along said southeasterly line North 51036'50" East, 85.434 meters; thence leaving said line North 62020'15" West, 50.045 meters; thence North 151158'10" West, 20.026 meters; thence North 65017'02" West, 35.000 meters to the Point of Beginning for the herein described parcel; thence continuing 1 of 4 along said line North 65017'02" West, 17.250 meters; thence North 64041'26" West, 100.909 meters; thence North 56004'43" West, 20.084 meters; thence North 64°48'52"West, 19.566 meters; thence North 56001'04" West, 19.597 meters; thence North 25018'34" East, 4.591 meters; thence South 601,88'40" East, 22.556 meters; thence North 79035'56" East, 23.328 meters; thence North 37042'07" East, 19.896 meters; thence South 56009'08" East, 121.984 meters; thence South1017'15" West, 25.947 meters to the Point of Beginning. Containing an area of 4,579 square meters more or less The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000064 to obtain ground distances PARCEL 3 (56457-URI) (revised 11/01/99) C.S. Land Inc. (Formerly Claeys) Real property situated in the Rancho El Pinole, being a portion of that parcel of land described in the deed to C. S. Land Inc. ,a California corporation recorded .June 11, 1998, Series No. 98-133024, records of Contra Costa County, State of California, described as follows: Commencing at the most northerly corner of the parcel of land described in the Final Carder of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence along the northeasterly line of said parcel, South 10041'40" East, 31.297 meters; thence North 89059'55" East, 88.783 meters to the Point of Beginning of this description; thence North 0024'28" East, 24.334 meters; thence North 2038'18" West, 21.334 meters; thence North 77°5627" East, 44.478 meters; thence South 4031'13" East, 29.804 meters; thence South 63027'02" East, 11.114 meters; thence South 5855'33" East, 89.375 meters; thence South 68017'05" East, 28.748 meters; thence South 77031'39" East, 105.225 meters; thence North 81008'55" West, 71.619 meters; thence along a non-tangent curve concave southwesterly and having a radius of 298.706 meters, a radial to which bears North 8050'52" East, through a central angle of 4003'16" and an arc length of 21.136 meters; thence North 79029'47" West, 141.722 meters; thence North 8003622" West 29.965 meters; thence North 1°12'31" West, 15.000 meters to the Point of Beginning Containing an area of 6383 square meters more or less The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HP'GN). Multiply distances shown by 1.000060 to obtain ground distances 2 of 4 PARCEL 4 56457-UR2) (revised 11/01/99) C.S. Lend Inc. (Formerly Claeys) Real property situated in the Rancho EI Pinole, being a portion of that parcel of land described in the deed to C. S. Land Inc. ,a California corporation recorded June 11, 1998, Series No. 98-133024, records of Contra Costa County, State of California, described as follows: Commencing at the most northerly corner of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence along the northeasterly line of said parcel, South 10141'40" East, 31.297 meters; thence North 89059'55" East, 38.783 meters; thence North 0024'28" East, 24.334 meters; thence North 2038'18" West, 21.334 meters; thence North 4015'18"West, 18.043 meters to the Point of Beginning of this description; thence North 4015'18" West, 10.305 meters; thence North 1028'30" West, 37.474 meters; thence along a non- tangent curve concave southeasterly and having a radius of 13.500 meters, a radial to which bears South 851,28'47" West, through a central angle of 90000'00" and an arc length of 21.206 meters; thence North 85028'47" East, 28.081 meters; thence South 4031'13" East, 53.202 meters; thence South 601,18'43" West, 48.626 meters to the Point of Beginning. Containing an area of 2668 square meters more or less The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000060 to obtain ground distances PARCEL 5 (56459-11) - Utility Easement (Revised 11/04/99) C.S. Land Inc. (Formerly Claeys) Real property situated in the Rancho El Pinole, being a portion of that parcel of land described in the deed to C. S. Land Inc., a California corporation recorded June 11, 1998, Series No. 98-133022, records of Contra Costa County , State of California, described as follows: An easement for Utility purposes and incidents thereto upon, over, and across that certain real property described as follows: Commencing at the intersection of the east line of said C.S. Land Inc. parcel (series no. 98-133022) and the southerly line of State Route 4 as described in the Acceptance of Deed for Highway Purposes to Contra Costa County, recorded 3 of 4 April 5, 1920 in Road Book Volume 4 at page 200, records of said county; thence along the southerly line of said State Route 4, North 66056`37"West, 88.823 meters to a curve concave southerly, having a radius 283.447 meters thence along said curve through a central angle of 23052'19", an arc distance of 118.096 meters; thence South 89011'04" West, 71.974 meters; thence South 7007'39" West, 119.375 meters to the Point of Beginning for the herein described parcel; thence North 17007'39" East, 6.467 meters; thence South 72°52'21" East, 5.878 meters; thence South 17007'39" West, 10.805 meters; thence South 62026'25" West, 8.928 meters; thence North 27033'35" West, 7. 217 meters; thence North 62026'25" East, 7.799 meters to the Point of Beginning. Containing an area of 111 square meters, more or less. PARCEL 6 (56459-12) - Utility Easement An easement for Utility purposes and incidents thereto upon, over, and across that certain real property described as follows: Commencing at the Point of Beginning in the hereinabove described PARCEL 1 (56459-11); thence South 62026'25" West, 66.714 meters; to the Point of Beginning for the herein described parcel; thence North 621126'25" East, 5.959 meters; thence South 0000'46" East, 8.023 meters; South 621126'25" West, 4.500 meters; thence South 89059'14" West, 6.500 meters; thence North 0000'46" West, 7.348 meters; North 89059'14" East, 5.207 meters to the Point of Beginning. Containing an area of 80 square meters, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone Ill (1991.35 HPGN). Multiply distances shown by 1.000060 to obtain ground distances BS1KAUesp G:grpda#airealprop\SR4 GAPITOSCOLEGALS Rev.doc 4 of 4 __ MIT C PUBLIC WORKS DEPARTMENT COUNTY COUNSEL CONTRA COSTA COUNTY RTtNr cAuf, DATE: December 8, 1999 TO: Board of Supervisors FROM: Michael Walford, Public Works Director SUBJECT: Report Re: State Route 4 West Gap Project, Hercules 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 Hercules/Rodeo area for the construction of the State Route 4 Gap project, and set Tuesday, December 14, 1999 at 9:00 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 Project: The Contra Costa Transportation Authority intends to construct highway improvements along State Route 4 between 1-80/SR 4Interchange east to the Cummings Skyway Interchange. These highway improvements are considered to be Phase 1 of an ultimate 4 lane freeway construction project within the same limits and will, in general, construct 2 new lanes north of the existing two lane highway. The new westbound lane construction will provide a straighter, flatter alignment with standard shoulders improving safety conditions. Improvements to the existing facility (which will be utilized as an eastbound roadway) will provide auxiliary lanes between Asbury Graphite and the Christie Underpass and shoulder improvements through most of the corridor. 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: Tosco Corporation Tosco Corporation CS Land, Inc. CS Land, Inc. C/O Wilkes McClave, Esq. P.O. Box 52085 DC-48 Vice President, General Counsel Phoenix, AZ 85072-2085 Cummings Point Road Stamford, CT 06902 James Pezzeglia Richard Norton, Esq. Gordon, DeFraga, Watrous, & Pezzaglia Berger & Norton 611 Las Juntas Street 162026 1h St., Suite 200 South Martinez, CA 94553 Santa Monica, CA 90404 This notice consisted of sending by first-class and certified mail on November 24, 1999, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday December 14, 1999, at 9:00 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. €I. Scope of Hearing Per C.C.P. Section-1 245.235 A. Public Interest and Necessity require the posed project. The purposes of the proposed project are to: • Improve safety along the Gap Segment of State Route 4 where accident fatality rates are as much as 1.5 times the expected Statewide average for facilities of this type. • Alleviate existing and projected future traffic congestion on State Route 4. • Close an existing gap in the regional freeway network by improving the "Gap" section of State Route 4 to meet the standards of the remaining parts of the highway, which has been identified by Caltrans as a "primary east-west corridor for interregional travel in Contra Costa County." State Route 4 is one of only three east-west links between the urbanized Bay Area and the Central Valley. B. The proiect is planned and located in the manner that will be most cam atible with the greatest public good and the least private injury.' The alignment for the project was adopted through a long public process that reviewed several alternatives and numerous iterations of those alternatives. The highway/freeway alignment being constructed was selected because it met important planning criteria including being the least Environmentally damaging practicable alternative (LEDPA), minimizing the number of displacements, providing access to all parcels in the corridor and providing superior long-term traffic operations in comparison with ether alternatives. C. The property sought to be acquired is necessary for throject. The properties sought for the project are required to construct the project as defined in the EIS/EIR that received the Record of Decision in November 1993 and the addendum dated December 9,1999. The Preferred Alignment was required to demonstrate that it was the LEDPA. Resource Agencies concurred that the preferred alignment was the LEDPA, therefore relocation of the project to another location within the corridor would result in greater environmental impacts (potentially including wetlands, and endangered plant and animal species) and would not be allowed. Parcel 2 being acquired is for the purpose of providing a leach field to an adjacent property owner, Asbury Graphite. Asbury Graphite's leachfield was taken by a previous condemnation action. The acquisition of the subject property from Tosco Corporation is reasonably necessary and appropriate under Code of Civil Procedure Section 1240.350 to restore this utility service to Asbury Graphite. Parcels 3 and 4 are being acquired from CS Land Inc. because CS Lend Inc. claims that they have been left in such size, shape and condition as to be of little market value. The acquisition of these parcels will be made under the authority of Code of Civil Procedure Section 1240.410. D. The offer of compensation required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 111. Recommended Action A. Board to ask if any notified property owners wish to be heard as to the three 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 11 A, B and C above, 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. KAL:gpp G:\Grp©ata\RealProp\SR4GAP\CO2OAtosco.doc (Form updated 2110/97) 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. NOTICE OF INTENTION TO ADOPT RESOLUTION CP NECESSITY The Beard of Supervisors, as the governing body of Contra Costa County, intends to consider the adaption of a Resolution of Necessity for the acquisition by eminent domain of real property in the Rodeo and Hercules area, for the State Route 4 West GAP project, a public improvement, which property is more particularly described in Appendix "A" attached hereto. The Board will consider the adoption of the Resolution at 9:00 a.m. and thereafter during its meeting on December 14, 1999 in the Board's Chambers at 651 Pine Street, Martinez, California. Each person whose property is to be acquired and whose name and address appears on the last equalized County Assessment Roll has the right to appear at such hearing and be heard on: 1. Whether the public interest and necessity require the project; and 2. Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and 3. Whether the property sought to be acquired is necessary for the project. 4. Whether the offer required by Govt. Code Section 7267.2 was made. WIN J. Michael ord Public Works Director Date_ KAL:csp: G:iGrpDatalRealProp\SR4GAP\CO1 ATOSCO.doc Attachment RECEIVED cc: Clerk of the Board NOV 3 0 1499 CL IrI CON TRA COS A CO..f S . .... ....... .. ._._... ....................................... ._..__._.........._......_...................___.. ........ .......... ................................................... T�QUEST TO SPEAK FORM � THREE 3 MINUTE LIMIT) Complete this farm and place it in the box near the speakers'rostrum before addressing the Board. Name: d`" Phane: ru l -iv ~c Address: City: Qa , 1 am speaking for myself or organization: (name of t30n) CHECK�'K(}I ; 1 wish to speak on Agenda Item 4 ' i My comments will be: general for against T wish to speak on the subject of 1 do not wish to speak but leave these comments for the Burd to Consider: