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HomeMy WebLinkAboutMINUTES - 10072003 - SD4 S, Y TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: < October 7, 2003 SUBJECT: North Broadway Area Revitalization Project. Bay Point Area. District V. [CP#97-36] Project No.: 4500—6X5189 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. OPEN the public hearing and ask if any notified property owners wish to be heard as to the four items specified in Section 111.13 below, CLOSE Public Hearing. B. Upon completion and closing of the hearing, MAKE the findings and determinations listed under 111.13 below and ADOPT the attached Resolution of Necessity to acquire the required property by eminent domain. 11. Fiscal Impact: In eminent domain actions the judgment will be the price paid for these four properties, and may include court costs, which are regarded as a roughly calculable expense of property acquisitions. Casts of acquisition in this case are 100% reimbursable from the Contra Costa County Redevelopment Agency — Phase IV of the North Broadway Infrastructure Project. Continued on Attachment: SIGNATU : -� i-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD 40MM!TfEE 7012ROVE ,OTHER SIGNATURE(S).- ACTION IGNATURE S. .ACTION OF BOX D ON 7APPROVED AS RECOMMENDED X OTHER + VOTE OF SUPERVISORS X UNANIMOUS(ABSENT miNF, } AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G:\GrpData\RealProp12003-Piles\BOs&RES\80.22 Condemnation.doc ATTESTED: BER 7, 2003 Orlg.Div:Public Works(WP) JOHN SWEETEN, Clerk of the Board of Contact: (Olivia D.Reynolds (313-2306) Supervisors and County Administrator cc: County Administrator Auditor-Controller(via RIP) r r County Counsel(certified copy of Resolution) By �' "` deputy P.W.Accounting Recorder(via RIP) Board Carders Senior Clerk,Adm. Subject: North Broadway Area Revitalization Project Date: October 7, 2003 Page: 2 111. Reasons for Recommendations and Background: A. Proposed Protect - The project involves revitalizing the North Broadway neighborhood with the installation of sidewalks, curb and gutter, underground drainage, and reconstruction and/or extensions of roads where necessary. The project is located in the Bay Point area. The County needs to acquire a portion of fee title to four parcels on Fairview Avenue for the North Broadway Area Revitalization Project. After reasonable diligence, the County has been unable to locate the owners of record or their next of kin on all four parcels. In light of this, the County feels that immediate possession will not displace or unreasonably affect any person in actual or lawful possession of the property and is necessary to keep the project on track The project has been determined to be in compliance with the General Plan. A Negative Declaration of environmental significance pertaining to this project was published. The Board has considered the Negative Declaration together with all comments received during the public review period. On December 2, 1997 this Board APPROVED the proposed project and ADOPTED the Negative Declaration/Finding of No Significant Impact pertaining to this project that was published on December 5, 1907. In order to proceed, it is necessary for Contra Costa County to exercise its power of eminent domain. Section 1245.235 of the Code of Civil Procedure requires that the County give notice to the following persons whose names and addresses appear on the last equalized County Assessment Roll. Of the four parcels, notice was mailed to a contact person for one parcel, which was subsequently returned undeliverable. The three remaining parcels do not have site addresses and the County, after reasonable diligence, was unable to locate the owners of record, therefore; the County was unable to serve notice for these three parcels. The notice contained the information that a hearing was scheduled for Tuesday, October 7, 2003 at 9:30 a.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. Eva D. & Alvin Jones c/o Diane Dunbar 93 Fairview Avenue Bay Point, CA 94555 This notice consisted of sending by first-class and certified mail on September 17, 2003 a Notice of Intention which notified these owners that a hearing is scheduled for October 7, 2003, at 9:30 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. Subject: North Broadway Area Revitalization Project Gate. October 7, 2003 Page: 3 The following owners of record were not noticed because there was no information on the last equalized County Assessment Roll and the information was gained from the preliminary title reports: J.B. Bankson APN: 096-020-061 Address Unknown — No notification address available Arthur K. & Nettie F. McKinley Marie K. Harper APN: 096-020-056 Address Unknown — No notification address available D and Petra R. Vega APN: 096-020-063 Address Unknown — No notification address available B. Scope of Hearing Per C.C.P. Section 1245.235 1. Public Interest and Necessity require the proposed project. The proposed improvements consist of the construction of Fairview Avenue between Willow Pass Road and Pullman Avenue to 36 feet in width. The proposed improvements also include the installation of a storm drain in Fairview Avenue. 2. The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. Currently the parcels along Fairview Avenue are privately owned and Fairview Avenue is used as a private roadway for access to the. This portion of Fairview Avenue is encumbered with both roadway easements and utility easements therefore; an assemblage usage would not be likely. With the Counties planned improvements, Fairview Avenue will become a County maintained roadway, which will alleviate the property owners the burden of maintaining the road. 3. The property sought to be acquired is necessary for the project. The properties sought for this project are necessary for the implementation of the North Broadway Area Revitalization Project. 4. The offer of compensation required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Contra Costa County, through the Real Property Division of the Public Works Department, has not been able to make offers of just compensation for three parcels because there is no known contact information on the last equalized County Assessment Roll and after Subject: North Broadway Area Revitalization Project Date: October 7, 2003 Page: 4 reasonable diligence was not able to obtain any contact information. An attempt was made by the County to make an offer to a contact person listed on the last equalized County Assessment Roll for one parcel, but the offer and condemnation notice were both returned undeliverable and the owners of record are deceased. The offers were based on an appraisal of the fair market value of said property rights. IV. Consequences of Negative Action: The County will be unable to acquire the property rights necessary for the project. Subject: North Broadway Area Revitalization Project Date: October 7, 2003 Page: 2 Ill. Reasons for Recommendations and Background: A. Proposed Project- The project involves revitalizing the North Broadway neighborhood with the installation of sidewalks, curb and gutter, underground drainage, and reconstruction and/or extensions of roads where necessary. The project is located in the Bay Point area. The County needs to acquire a portion of fee title to four parcels on Fairview Avenue for the North Broadway Area Revitalization Project. After reasonable diligence, the County has been unable to locate the owners of record or their next of kin on all four parcels. In light of this, the County feels that immediate possession will not displace or unreasonably affect any person in actual or lawful possession of the property and is necessary to keep the project on track The project has been determined to be in compliance with the General Plan. A Negative Declaration of environmental significance pertaining to this project was published. The Board has considered the Negative Declaration together with all comments received during the public review period. On December 2, 1997 this Board APPROVED the proposed project and ADOPTED the Negative Declaration/Finding of No Significant Impact pertaining to this project that was published on December 5, 1997. In order to proceed, it is necessary for Centra Costa County to exercise its power of eminent domain. Section 1245.235 of the Code of Civil Procedure requires that the County give notice to the following persons whose names and addresses appear on the last equalized County Assessment Moll. Of the four parcels, notice was mailed to a contact person for one parcel, which was subsequently returned undeliverable. The three remaining parcels do not have site addresses and the County, after reasonable diligence, was unable to locate the owners of record, therefore; the County was unable to serve notice for these three parcels. The notice contained the information that a hearing was scheduled for Tuesday, October 7, 2003 at 9:30 a.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. Eva D. &Alvin Jones c/o Diane Dunbar 93 Fairview Avenue Bay Point, CA 94565 This notice consisted of sending by first-class and certified mail on September 17, 2003 a Notice of Intention which notified these owners that a hearing is scheduled for October 7, 2003, at 9:30 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. Subject: North Broadway Area Revitalization Project Date: October 7, 2003 Page: 3 The following owners of record were not noticed because there was no information on the last equalized County Assessment Roll and the information was gained from the preliminary title reports: J.E. Bankson APN: 096020-061 Address Unknown — No notification address available Arthur K. & Nettie F. McKinley Marie K. Harper APN: 0960020-056 Address Unknown-- No notification address available D and Petra R. Vega APN: 096-020-063 Address Unknown® No notification address available B. Scope of Hearing Per C.C.P. Section 1245.235 1. Public Interest and Necessity require the proposed project. The proposed improvements consist of the construction of Fairview Avenue between Willow Pass Road and Pullman Avenue to 36 feet in width. The proposed improvements also include the installation of a storm drain in Fairview Avenue. 2. The proiect is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. Currently the parcels along Fairview Avenue are privately owned and Fairview Avenue is used as a private roadway for access to the. This portion of Fairview Avenue is encumbered with both roadway easements and utility easements therefore; an assemblage usage would not be likely. With the Counties planned improvements, Fairview Avenue will become a County maintained roadway, which will alleviate the property owners the burden of maintaining the road. 3. The property sought to be acquired is necessary for the prolect. The properties sought for this project are necessary for the implementation of the North Broadway Area Revitalization Project. 4. The offer o€compensation required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Contra Costa County, through the Real Property Division of the Public Works Department, has not been able to make offers of just compensation for three parcels because there is no known contact information on the last equalized County Assessment Roll and after Subject: North Broadway Area Revitalization Project Date: October 7, 2003 Page: 4 reasonable diligence was not able to obtain any contact information. An attempt was made by the County to make an offer to a contact person listed on the last equalized County Assessment Roll for one parcel, but the offer and condemnation notice were both returned undeliverable and the owners of record are deceased. The offers were based on an appraisal of the fair market value of said property rights. IV. Consequences of Negative Action: The County will be unable to acquire the property rights necessary for the project. 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property ) for Public Road Purposes, ) RESOLUTION OF NECESSITY 4 North Broadway Area ) No. Revitalization Project ) (C.C.P. § 1245.2.30) 5 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 and Streets &Highways Code section 943, 10 Contra Costa County intends to revitalize the North Broadway neighborhood with the installation 11 of sidewalks, curb and gutter,underground drainage and reconstruction and/or extensions of roads 12 where necessary in the Bay Point area, and,in connection therewith,acquire interests in certain real 13 property. 14 The properties to be acquired consist of four parcels generally located in the Bay Point area. 15 The said properties are more particularly described in Appendix "A" attached hereto and 16 incorporated herein by this reference. 17 On September 17, 2003, notice of the County's intention to adopt a resolution of necessity 18 for acquisition by eminent domain of the real property described as Parcel Sixteen in Appendix"A" 19 was sent to Diane Dunbar,the contact person identified in the Land information System records and 20 on the death certificate of Alvin Jones, at the street address for the property described as Parcel 21 Sixteen, on behalf of the owners of record of said property,both of whom are deceased. The notice 22 was returned as undeliverable. The notice specified October 7, 2003, at 9:30 a.m. in the Board of 23 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the 24 time and place for the hearing thereon. No notice of the County's intention to adopt a resolution of 25 necessity for acquisition by eminent domain of the real property described as Parcels Five, Six and 26 Eight in Appendix "A" was sent to the owners of record of the real property described as Parcels 27 Five,Six and Fright because those parcels do not have site addresses and the owners of record cannot 28 be located with reasonable diligence. RESOLUTION NO. Mpig2 I The hearing was held at that time and place, and all interested parties were given an 2 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and 3 hereby declares the following: 4 1. The-public interest and necessity require the proposed project; and 5 2. The proposed project is planned and located in the manner which will be most 6 compatible with the greatest public goad and the least private injury; and 7 3. The property described herein is necessary for the proposed project; and 8 4. The offer required by section 7267.2 of the Government Code was not made to the 9 owners of record because the offer sent to the contact person for the owners of record 10 of Parcel Sixteen(both of whom are deceased)at the property address was returned 11 as undeliverable, and Parcels Five, Six and Eight do not have site addresses and the 12 owners of record cannot be located with reasonable diligence;and 13 5. That insofar as any of the property described in this resolution has heretofore been 14 dedicated to the public use for public purposes, the acquisition and use of such 15 property by Contra Costa County for highway purposes is for a more necessary public 16 use than the use to which the property has already been appropriated or a compatible 17 public use. This determination and finding is made and this resolution is adopted 18 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and 19 6. On December 2, 1997, this Board approved the proposed project and adopted the 20 Negative Declaration pertaining to this project and directed the filing of a Notice of 21 Determination. The Notice of Determination was filed and posted on December 5, 22 1997. 23 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 24 To acquire in the County's name, by condemnation, the titles, easements and rights of way 25 hereinafter described in and to said real property or interest(s) therein, in accordance with the 26 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California: 27 Parcels Five, Six, Eight and Sixteen are to be acquired in fee title. 28 To prepare and prosecute in the County's name such proceedings in the proper court as are RESOLUTION NO.2o 1 I necessary for such acquisition, 2 To deposit the probable amount of compensation,based on an appraisal.,and to apply to said 3 court for an order permitting the County to take immediate possession and use said real property for 4 said public uses and purposes. 5 PASSED and ADOPTED on October 7, 2003,by the following vote: 6 AYES: WFMVSORs GIUTA, MEM, GOMM, M,flM AM WSAiJINIM 7 NOES: NM 8 ABSENT: 1 9 ABSTAIN: NM 10 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed I I and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County, 12 California, at a meeting of said Board on the date indicated above. 13 14 15 16 17 18 Orig. Dept: .Public Works Department (R/P) Contact: Daren A. Laws (313-2228) 19 Auditor-Controller 20 County Counsel(Certified Copy) 21 t F ( cent s that this is a true and correct 22 cOPy 0i an action taken and entered on the € 'nutes Of the Board of Supervisors on the 23 data shown. f; ATTESTED- 4, r 24 JOHN SWEETEN, Cfer of the Board ` of S pervi$©rs art f C4unty,A�dministr too 25 HACan&=&ion Por=TAIRVIEW AVE_RON.'My p �j rt✓' ? 4 26 k 27 28 RESOLUTION N0.2003/582 Parcel Five Fairview Avenue Vega A.P.N. 096-02o-o63 Drawing No. RW5385BN-2003 APPENDIX "Alp Real property in an unincorporated area of the County of Centra Costa, State of California, being a portion of the west half of the southeast quarter of Section 11, Township 2 North, Flange 1 Vilest, Mount Diablo Meridian, also being a portion of Block C, Poinsettia Land Company West Pittsburg Tract Unit No. 1, filed June 8, 1926 in Book 19 of Maps at page 508, Contra Costa County records, described .as follows: Parcel Five—Fee Title The Easterly 25 feet of the Southerly 50 feet of Lot 5 in said Block C (19 M 5%). Containing an area of 1250 square feet of land, (0.028696 arses)more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: �'� Li sed Land Surveyor Centra Costa County Public Warks Date: can.5999 e:NGrpData\Design,SUsvErs\.egaIs bft2DO3\Faird Pot-S.doo KT.-Js 9-04-2x3 Wage 7 of 4 Parcel Six Fairview Avenue Bankson A.P.N. 096-020-061 Drawing.No. RW53 5BN-2 303 APPENDIX "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the west half of the southeast quarter of Section 11, Township 2 North. Mange 1 West, Mount Diablo Meridian, also being a portion of Block C, Poinsettia Land Company Vilest Pittsburg Tract Unit No. 1, filed .lune 8, 1926 in Book 19 of Maps at page 506, Contra Costa County records, described as follows: lftrcel Six– Pee TR-1e The Easterly 25 feet of the Northerly 50 feet of Lot 5 in said Block C (19 M 506). Containing an area of 1250 square feet of laird,.(0.028696 acres)more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature. censed Land Surveyor Contra Costa County Public Works Ev.123Y-04 � No.5999 Date: ;�Zgloz ' OF CAS-Lf� G:�rpData'Destn\SURVEYS\LegWs\Exhibks2DO3\FalrviewP".doo Krjs 9-o4- Wage 2 of 4 Parcel Eight Fairview Avenge McKinley A.P.N. 096-020-056 Drawing No. RW5385BN-2003 APPENDIX "'All Real property in an unincorporated area of the County of Contra Costa, Mate of Callfornia, being a portion of the west half of the southeast quarter of Section 1 I, Township 2 (North, Range 1 West, Mount Diablo Meridian, also being a portion of Block C, Poinsettia Land Company West Pittsburg Tract Unit No. 1, filed .lune 8, 1926 in Boole 19 of Maps at page 506, Contra Costa County records, described as follows: Parcel Eight—Fee Title The Easterly 25 feet of Lot 7 in said Block C (19 M 506). Containing an area of 2500 square feet of land, (0.057392 acres)more or less This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: -� t Li used Land Surveyor Contra Costa County Public Works Date. /-Oz 12-31-04 NO. a ,OF G:\GtpDataZesignNSURVEYSNLegzfs\Exh b#ks2o33f air4ewPo".doo KT.js 9-04.2003 Page 3 of 4 Parcel Sixteen Fairview Avenue Jones A.P.N. 096-020-047 Drawing No. RW5385BN-2003 APPENDIX "AB! Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the west half of the southeast quarter of Section 11, Township 2 North, Range 1 West, Mount Diablo Meridian, also being a portion of Block C, Poinsettia Land Company West Pittsburg Tract Unit No. 1, filed June 8, 1028 in Book 19 of Maps at page 505, Contra Costa County records, described as follows: Parcel Sixteen_Pee Title The Easterly 25 feet of the Northerly 50 feet of Lot 11 in said Block C (19 M 506). Containing an area of 1250 square feet of land, (0.028898 acres) more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: U used and Surveyor Contra Costa County Public Works Date: `r 0:1GzpUataalD gnISURVEYSlegats\Exhlbts2DO3\FairviewPd-t6.doc KT.js 9-04-2003 Wage 4 of 4