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Home My WebLink AboutMINUTES - 01242006 - C.8 TO: BOARD OF SUPERVISORS, as the Governing Body of Contra Costa County Flood Control and Water Conservation District, California FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: January 10, 2006 SUBJECT: Adopt Resolution approving a Notice of Intention to Convey Contra Costa County Flood Control and Water Conservation District's(District)surplus property and an easement located north of Lone Tree Way and west of Empire Avenue to the Contra Costa Water District (CCWD) for $289,343, in connection with the potential eminent domain action by CCWD. .Antioch Area. District V. Project No. 7566-6D8126 Task: REV Account No. 9921 SPECIF REQUEST(s)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A ADOPT a Resolution approving the Notice of Intention to Convey District's surplus property and an easement located north of Lone Tree Way and west of Empire Avenue in the City of Antioch to CCWD for$289,343.00, in accordance with the terms and conditions of the Agreement for Purchase and Sale of Real Property,to be on file in the Public Works Department, on or after January 24,2006,by at least four-fifths vote of the Board. B. DIRECT the Clerk of the Board to have the Notice of Intention published one time,at least one week preceding the date set for the Board meeting in the Contra Costa Times(pursuant to Government Code Section 6061). FinancialImpact: Revenue in the amount of$289,343 from the sale of the surplus fee and the easement will be deposited into the Drainage area 52C Fund. Continued on Attachment: X SIGNATURE: _,/4ECOMMENDATION OF COUNTY ADMINIST*A O _RECOMMENDATION OF BOARD COMMITT E 1, PROVE _OTHER SIGNATURE(S): ACTION OF BOr' SORS ON u.ais O 4_7" APPROVED AS RECOMMENDED OTHER r VOTfz'OF SUPER ✓✓ UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors DLB:eh on the date shown. G:\GrpData\RealProp\2005-Files\BOs&Reso\BO Lone Tree Way.doc Orig.Div: Public Works(R/P) Contact: Debra L.Baker(313-2224) ATTESTED: cc: ' County Administrator JOHN SWEETEN,Clerk of th oard of Supervisors and Auditor-Controller County Administrator Assessor's Office PW Environmental,T.Torres By Deputy P.W.Accounting ff 0 • SUBJECT: Adopt Resolution approving a Notice of Intention to Convey Real Property. Antioch area. District V. DATE: January 10, 2006 PAGE: Page 2 Reasons for Recommendations and Background: The District acquired two portions of APN 056-120-XXX, Lindsey Channel, Line Z, by Final Orders of Condemnation dated March 7, 1990 and April 11, 1990 in Antioch for flood control purposes. It has now been determined that a portion of the property is no longer required for District purposes due to the relocation of a portion of the Antioch Creek Channel by developers,and is now surplus. Another portion of the Antioch Creek Channel is required for an easement for the Los Vaqueros Pipeline project (LVP) which will not interfere with District's operations. CCWD requires both the surplus fee and the easement area for the right of way for the LVP. The estimated fair market value of the surplus fee and the easement is $289,343.00. On February 7,2003,a Notice of Decision to Appraise Property and Invitation to Accompany Appraiser was sent to the Real Property Division of the Contra Costa County Public Works from CCWD's appraiser. This is the first step in the acquisition process and potentially condemnation of the District's property for the LVP.The District was able to negotiate this settlement in-lieu of condemnation. This action by the Board of Supervisors is Exempt fi•om CEQA because it is a ministerial action due to the potential eminent domain action by CCWD. Consequences of Negative Action: The District would be condemned by CCWD and incur legal expenses and ultimately the property would be acquired by CCWD for the LVP. THE BOARD OF SUPERVISORS& THE GOVERNING BODY OF COXLRA COSTA COUNTY FLOOD CONTROL ANDWATER CONSERVATION DISTRICIWALIFORNIA Adopted this Resolution on January 10, 2006,by at least a four-fifths vote as follows: AYES: Uilkema. +-tepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ Deerings Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code § 25526.6 &Government Code § 25365 SUBJECT: ADOPT Resolution No. 2006/ approving a Notice of Intention to convey Contra Costa County Flood Control and Water Conservation District's (District) surplus property and an easement located north of Lone Tree Way and west of Empire Avenue to the Contra Costa Water District (CCWD), in connection with the potential eminent domain action by CCWD. Portions of APN 056-120-XXX Antioch Area. District V. Project No. 7566-6D8126 The Board of Supervisors, as Governing Body of Contra Costa County Flood Control and Water.Conservation District RESOLVES THAT: This action by the Board is exempt from CEQA because it is a ministerial action due to the potential eminent domain action by CCWD. The Board intends to convey to the CCWD, District's surplus real property and an easement described in the attached Notice of Intention to Convey Real Property for$289,343.00 in accordance with the terms and conditions of the Agreement for the Purchase and Sale of Real Property to be on file in the Public Works Department. The 8,217 square foot fee parcel is excess and no longer required for District's use. The 33,030 square foot easement will not interfere with the District's flood control operations. The sale's price is the fair market value of the surplus fee and the easement. CCWD requires these two portions of APN 056-120-XXX for the Los Vaqueros Pipeline project. This Board hereby sets Tuesday, January 24, 2005 at 9:30 a.m. in the Board's Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and place it will meet to consummate this conveyance by a four-fifths vote. The Clerk of this Board is hereby DIRECTED to have the Notice of Intention published one time, at least one week preceding the date set for the Board meeting in the Contra Costa Times, a newspaper of general circulation (pursuant to Government Code Section 6061). I hereby certify that this is a true and correct copy of an action taken and entered on the DLB:eh minutes of the Board of Supervisors on the G:\GpData\RealProp\2005-Files\BOs&Reso\BR Lone Tree Way.doc date shown. Orig.Dept.: Public Works(R/P) / D O . Contact: Debra L. Baker (313-2224) ATTESTED:c%wa I�/ , cc: County Administrator JOHN SWEETEN,Clerk o Board of Auditor-Controller Supervisors and County Administrator Assessor's Office P.W. Accounting B Deputy Y P Y RESOLUTION NO. 2006/ • Anashia Lloyd To: EShar@cob.cccounty.us <cctlegals@cctimes.c cc: om> Subject: Re: Notice of Intention on Property located at North of Lone Tree 01/10/2006 11:01 AM WayMest ofEmpire Ave. ''`�-'•• . Please respond to cctlegals THE FOLLOWING e-mail contains pertinent information; please read it carefully in its entirety. PLEASE NOTE:All of our offices will be closed Presidents'Day,Monday, February 20, 2006. Good Morning. If you have any questions regarding the he legal notice confirmed below, please reference the legal number provided. Please only e-mail tocctleaals(,q_>.cctimes.com re arding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. Thanks! ** LEGAL SCHEDULE CONFIRMATION ** TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 4603 PO#: .1 123 Publication: CCT Run Date(s): 01/17 Legal Acct#: 200 4197 Total Amount: $70.00 REVISIONS/CANCELLATIONS: I will need a cancellation requestreferenein6 the legal number—or all changes attached in a final draft Microsoft Word Document—e-mailed to ectlegalsr?cctimes.com by no later than 4 PM, Fri., 01/13. Otherwise, the legal will publish as: you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359— fax- Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals@cctimes.com EShar@cob.cccounty.us wrote: Dear Anashia, ` +k.& . • / �� .� • _ i • .::, LEGAL PUBLICATION REQUISTION I� v Contra Costa County Darr t� Y From: Clerk of the Board To: Contra Costa Times 651 Pine St_, Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA-94596 Requested by: . EMY-L• SHARP Date: JANUARY_10, _?006 j Phone No:- 925-335-1903 Reference No:- Org: Sub Object: . 2190 Task: SAS Activity: Publication Date (s): JANUARY 17, 2006 . No. of Pages: W LEGAL PUBLICATION- NOTICE OF 'INTENTION TO CONVEY CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT's S1iRPT iTC -PR(1,PER I11C.AIELLAT D( j' LONE TRFF 1.TAV AND WEST OF EMPIRE AVENUE, ANTIOCH AREA "E-MAIL' ••' *immediately upon expiration of publication•••It=.- send =.-send in one affidavit for each publication in order that the auditor-may be authorized to pay your bill. Authorized Signature: Please confirm date orpublication & receipt of this fax_ r CONTRA COSTA COUNA PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO CONVEY REAL PROPERTY The Board of Supervisors,as the Governing Body of Contra Costa County Flood Control and Water Conservation District declares its intention to convey to the Contra Costa Water District, surj)lus fee and an easement located north of.Lone Tree Way and west of Empire Avenue,Antioch, CA, being portions of APN 56-120-xxx,for the fair market value of$289,343.00. The Board will meet at 9:30 a.n1. on Tuesday, January.24, 2006 in its Chambers, County Administration Building,651 Pine Street,Martinez,California,to consummate such conveyance by at least a.four vote.. I hereby certify that this 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: JANUARY 10, 2006 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By EMY L. SHARP Deputy Publication Dates: January 17. 2006 RESOLUTION NO. 2006/ CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: En y Sharp, Deputy Clerlc, Clerk of the Board es.har(i't)cob.co.contra-costa..ea.us FROM: Debra L. Balser Public Works Department (925) 313-224 BOARD MTG. :DATE: January 24, 2006 PREVIOUSLY APPROVED BY BOS ON: January 10, 2006 PUBLICATION DATES: January li, 2006 REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this line—Publication language Olt following pQhC RESOLUTION NO. '.006/