HomeMy WebLinkAboutMINUTES - 10242000 - D4 1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3
4 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Purposes-Sandy ) No. 20001498
5 Cove Lane Slide Repair ) (C.C.P Sec. 1245.230)
Bay Point Area )
6 )
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES THAT:
9 Pursuant to Government Code section 25350.5,Contra Costa County intends to continue to
10 provide maintenance and repair of an existing slide area caused by earth movement in the Bay Point
11 area and make related improvements, in connection therewith, acquire interests in certain real
12 property.
13 The property to be acquired consists of one (1)parcel and is generally located in the Bay
14 Point area. The said property is more particularly described in Appendix'W , attached hereto and
15 incorporated herein by this reference.
16 On October 5,2000,notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of real property described in Appendix"A"was sent to persons who
18 names appear on the last equalized County Assessment Roll as owners of said property. The notice
19 specified Tuesday, October 24, 2000 at 1:00 p.m. in the Board of Supervisors Chambers in the
20 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard. Based upon the evidence presented to it,this Board finds, determines and
24 hereby declares the following:
25 1. The public interest and necessity require the proposed project, and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
28 3. The property described herein is necessary for the proposed project; and
RESOLUTION OF NECESSITY I
1 4. The offer required by section 7267.2 of the Government Code was made to the owner or
2 owners of record.
3 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED;
4 To acquire in the County's name,by condemnation,the titles, easements and rights of way
5 hereinafter described in and to said real property or interest(s) therein, in accordance with the
6 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
7 Parcel 1 is to be acquired in fee title.
8 To prepare and prosecute in the County's name such proceedings in the proper court as are
9 necessary for such acquisition.
10 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
11 court for an order permitting the County to take immediate possession and use said real property for
12 said public uses and purposes.
13 PASSED and ADOPTED on October 24, 2000, by the following vote:
14 AYES: Supervisors Gioia,Uilkema, Canciamilla and Gerber
15 NOES: None
16 ABSENT: Supervisors DeSaulnier
17 ABSTAIN:None
18 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
19 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
20 County, California, at a meeting of said Board on the date indicated above.
21 Dated; (I Phil Batchelor, Clerk of the Board
of Supervisors
22 `
23 By: o
24 r- 4,
y
Orig. Dept.: Public Works Department(RIP)
25 Dick Awenius, Real Property Div.
Auditor-Controller
26 County Counsel(Certified Copy)
County Administrator
27
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28 c:\sANDycov-REs.wW
RESOLUTION OF NECESSITY 2
,sbdivision 6484 (307 M`I5)
Portion Parcel A
APPENDIX "A'
PARCEL 1 (Fee Title)
Real property in an unincorporated area of the County of Contra Costa, State of California, being
a portion of the Northwest one quarter of Section 15, Township 2 North, Range 1 West, Mount
Diablo Meridian, also being a portion of Parcel A of Subdivision 6484, filed October 1, 1986 in Book
307 of Maps at page 15, described as follows.
Beginning at the most southwesterly comer of said Parcel A (307 M 15), thence along the westerly
line of Parcel A, north 0035'24" east 326.83 feet; thence leaving Parcel A, north 31039,19" east,
213.84 feet; thence north 78022'18' east, 25.10 feet to the easterly line of said Parcel A at the
angle point between Lots 62 and 40 (307 M 15); thence following the easterly and northerly
boundary of Parcel A, south 13045'12"west, 138.41 feet; thence south 31"43'07"west, 42.96 feet;
thence south 25002'00" east, 43.54 feet; thence south 47037'04" west 31.01 feet; thence south
2008'05" east, 98.82 feet; thence north 711140'55" east, 52.12 feet; thence north 83000'34" east
72.87 feet; thence north 55°3945" east 172.30 feet; thence north 7234'28" east, 36.07 feet;
thence north 8804'44" east, 41.40 feet; thence south 62°08'34" east, 48.85 feet; thence south
85002'00" east, 16.58 feet; thence leaving the northerly line of Parcel A, south 51022'01" east 67.63
feet; thence north 81 029'08" east, 42.07 feet; thence south 8030'52" east, 60.00 feet; thence south
81°29'07" west, 61.90 feet; thence south 53"55'12"west, 70.07 feet to a point on the northerly line
of Lot 13 (307 M 15); thence along Lot 13 north 86007'17" west, 29.14 feet to an angle point;
thence continuing along Lot 13 and its prolongation, south 4822'14" west, 58.88 feet to a point on
the westerly boundary of said Parcel A; thence along the westerly and southerly boundary of Parcel
A, north 11 °03'06" west, 83.18 feet; thence south 48°12'25" west 67.23 feet; thence south
72058'23" west, 200.12 feet; thence south 62°58'25" west, 98.74 feet; thence south 47°41'54"
west, 68.88 feet to the Point of Beginning.
Containing an area of 94,996 square feet (2.1808 acres) of land, more or less.
This real property description has been prepared by me or under my direction, in conformance with
the Professional urveyors Act.
Signature:
icensed Land Surveyor
Contra Costa County Public Works +
Date. t � a
i2F „�.,' `
JS:ilg
gAc1erica1lexhibits\Hi1131 oPPA.doc
June 16, 1998
1
OFFICE OF THE CLERK OF THE.BOARD
CONTRA COSTA COUNTY
INTEROFFICEMEMO
DATE: October 30,2000
TO: Victor Westman,County Counsel ^4A4*4
Sharon Anderson,Assistant County Counsel
FROM: Ann Cervelli,Chief Clerk
Clerk of the Board of Supervisors
SUBJECT: Resolution of Necessity re Hill 310 Slippage Repair in the
Bay Point Area
On October 24, 2000,the Board of Supervisors adopted Resolution No. 20001438,
a Resolution of Necessity for acquisition by eminent domain of real property in the Bay
Paint area for the purpose of acquiring the property to repair and maintain a slippage area
to prevent future slipping.
The vote on the motion to adapt was as follows:
AYES: Supervisors Gioia, Uilkema, Canciamilla and Gerber
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
I would appreciate your preparation of the Resolution of Necessity which will
enable us to finish this item.
Thank you.
ac
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
[TATE: October 11, 2000
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director &��
SUBJECT: Report Re: Condemnation Hearing, October 24, 2000, re Hill 310 Slippage
Repair in the Bay Point Area
Pursuant to procedure approved by Board Carder, dated November 1, 1988, the Public
Works Director, on behalf of Contra Costa County, sent a Notice of Intention to Adopt a
Resolution of Necessity for acquisition by eminent domain of real property in the Bay Point
area for the purpose of acquiring the property to repair and maintain a slippage area to
prevent future slipping, and set Tuesday, October 24, 2000, at 1:00 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.
Proposed Proiect -- The proposed project will allow the County to acquire
permanent property rights to provide on-going maintenance of a landcreep
repair.
In February 1996, a large area of land began to move along the slope near the thew
Point/Delta Glen subdivision in Bay Point. The land movement damaged several
homes in the area. Given the urgency of the situation at that time, and on the
recommendation of Risk Management, the County stepped in to stabilize the slope
to prevent further damage.
The land affected by this slippage included the "common area" of the View
Point/Delta Glen subdivision. There were originally 127 owners of the common
area. In 1996, the County purchased and removed 8 of the houses to make room
for the repairs. In addition, the County acquired the temporary rights on this
common area from the remaining 119 property owners to construct a large earth
buttress, drainage facilities, and other repairs to stabilize the area.
Now that the initial repairs have been completed, the County requires the remaining
permanent rights in the common area from the remaining homeowners. Without
acquiring permanent title, the County cannot properly maintain the repair work for
the subdivision residents.
1
Contra Costa County, through the Real Property Division of the Public Works
Department, has made an offer of just compensation to each of the owners of
record for the property rights required for this project. Of the 119 owners, 107
owners have conveyed their title in the common area land to the County. For
various reasons, the remaining 12 owners have not conveyed their title.
The offers made to all of the owners were based on an appraisal of the fair market
value of the property rights. meal Property staff has performed extensive due
diligence in negotiating, and attempting to negotiate, with the owners of the subject
properties to acquire the remaining title. However, in order to proceed with the
project, it is necessary for the County to exercise its power of eminent domain. This
will not prevent continued negotiation with property owners.
Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to
all persons whose names and addresses appear on the last equalized County
Assessment Foil and any other persons known to have an interest in the property
that a hearing is scheduled for Tuesday, October 24, 2000, at 1.00 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. A list of those persons notified is attached
hereto as Exhibit "A."
ll. Sco e offHHearing Per C.C.P._Section 1245.235
A. Public Interest and Necessity require the proposed protect.
When the Bay Point hill moved in 1996, it threatened to damage the homes
in the View Point/Delta Glen subdivision. County completed repairs to the
hill on an emergency basis that kept it from slipping further. In order to
assure the repairs function properly protecting the homes in that subdivision,
the County requires the remaining title to the area. The proposed project will
allow the County to perform necessary repairs to the area to keep it from
moving in the future.
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 area is currently stable. With this project, the County will have
permanent maintenance access to the repaired area to prevent it from
slipping further, and from causing additional damage to homes in the View
Point/Delta Glen neighborhood.
C. The property sought to be acquired is necessary for the pro�jec#.
The County repaired the hill in 1996 on an emergency basis. The County
now requires permanent title to the property to access the hill to provide
future maintenance.
2
D. The offer of compensation required by Section 7267.2 of the Government
Code hes been made to the owner or owners of record.
The County has performed clear due diligence in making an offer to each
owner of record in the affected area. Several attempts were made to serve
each owner personally. Where personal service of the offer was not
possible, several attempts were made by mail.
Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard 1) as to items
A, B, and C specified in Section 11 above, 2) whether the offer of
compensation required by Section 72672.2 of the Government Code has
been made, or 3) on any other issue which they would like the Board to
consider when deciding whether to adopt the proposed Resolution of
Necessity, except for the issue of compensation.
B. Upon completion and closing of the hearing, it is recommended that the
Board 1) make the findings and determinations listed under A, B and C in
Section 11 above, 2) make an additional finding that the offer of compensation
required by Section 7267.2 of the Government Code has been made to the
owner or owners of record, 3) adopt a Resolution of Necessity to acquire the
required property by eminent domain, and 4) direct the Clerk of the Board to
file a copy of this report.
DRA:eh
\\PWS 1\SHARDATA\GrpData\ReaiProp\2000-Files\00-1 O\CO20Hill310.doc
October 24,2000
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"
John C. & Jana D. Spowart Patrick M. Gutierrez
133 Sand Pointe Lane 157 Sand Pointe Lane
Bay Point, CA 94565 Bay Point, CA 94565
and
John C. & Jana D. Spowart Joanne Drury
18T" Floor, SCB Park Plaza, mast Tower III 373 Waterview Place
19 Ratchadaphisek road, Ladyao, Chatuchak Bay Point, CA 94565
Bangkok 10900, Thailand
and
John C. & Jana D. Spowart Frank S. & Sylvia D. Belleci
c/o Bechtel Corporation P.O. Box 1747
50 Beal Street, 7ti' Floor Danville, CA 94526
San Francisco, CA 94105 and
Frank S. & Sylvia D. Belleci
Keith & Lisa Robbins 388 Waterview Place
381 Waterview Place Bay Point, CA 94565
Bay Point, CA 94565 and
Frank S. Sylvia D. Belleci
Chee Ork & Donna Lee Yee 907 Redwood Drive
348 Waterview Place Danville, CA 94506
Bay Point, CA 94565
and
Chee Ork & Donna Lee Yee Jon P. Denson
838 Grant Ave., #408 332 Waterview Place
San Francisco, CA 94108 Bay Point, CA 94565
Richard A. & Jacqueline M. Crockett Edward P. & Marta L. O'Toole
469 Skyharbour Lane 470 Skyharbour Lane
Bay Point, CA 94565 (New Owners) Bay Point
and
Laura L Phelps (Previous Owner) Edward P. & Marta L. O'Toole
793 Bloching Circle 1217 Roseann Drive
Clayton, CA 94517 Martinez, cA 94553
George & Toshiko Alpi Joseph R. & Viola Y. Garcia
454 Skyharbour Lane 446 Skyharbour Lane
Bay Point, CA 94565 Bay Point, CA 94565
Steven T. & Kimberly Wilkins
2030 Pomo Street
Pittsburg, CA 94565
G:1GrpData\RealProp12000-Piles100-101Exhibit A Hill 310.doc