HomeMy WebLinkAboutMINUTES - 12162008 - SD.3 Contra
TO: BOARD OF SUPERVISORS --
'
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
Costa= s
DATE: . December'l 6, 2008 ``o.GPy�4
you County
SUBJECT: Condemnation of property for widening of State Route 4 East, Somersville Road to State Route 160 project,
Antioch area. (District V) Project No.: 4660-6X4168 SCH No. 2004092135
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
OPEN the public hearing and ask if any notified property owners wish to be heard as to the four items specified in Section
B below; CLOSE Public Hearing.
Upon completion and closing of the hearing,MAKE the findings and determinations required by Code of Civil Procedure
Section 1240.030 and listed under B.below and ADOPT the attached Resolution of Necessity No. 2008IF-1 acquire
the required property by eminent domain.
]FISCAL IMPACT:
In eminent domain actions the judgment will be the price paid for the property, and may include court costs. Costs of
acquisition in this case are 100%reimbursable from Contra Costa Transportation Authority(CCTA)pursuant to Contract
No. 208 approved by this Board.on June 27, 2008 and on file with the County Public Works Department.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATORREC NDATION OF C
ARD OMMITTEE
APPROVE OTHER
SIGNATURE(S): /
ACTION OF BOARD ON � f�jr fI, a COg APPROVED AS RECOMMENDED V OT4ER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: C.Pina-Sandoval(313-2012)
Orig.Div: Public Works(R/P)
CPS:sr ATTESTED (C�•ll��ll��l
G:\RealProp\SR4 Somersville-SRI 60\Condemnation\CO.OI Condemn Hearing Best DAVID TWA,CLERK OF THE BOARD OF SUPERVISORS
Wstrn(12-3-08).doc AND COUNTY ADMINISTRATOR
Attachment
cc: County Administrator
Auditor-Controller(via R/P)
County Counsel(certified copy of Resolution)
P.W.Finance BY:
66AV,/"5U91Vk11 'DEPUTY
SUBJECT: Condemnation of property fof widening of State Route 4 East, Somersville Road to State Route 160
project, Antioch area. (District V) Project No.: 4660-6X4168 SCH No. 2004092135
DATE: December 16, 2008
PAGE: 2 of 3
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
A. Proposed Project - CCTA in cooperation with the California Department of Transportation (Caltrans) and the
Federal Highway Administration(FHWA)propose to widen State Route 4(SR4)East,its interchanges,and affected
local roadways,in stages,from approximately 0.8 miles west of Loveridge Road to approximately 0.7 miles east of
Hillcrest Avenue (Project). The improved corridor would connect to the existing eight-lane freeway system
comprised of three mixed-flow lanes and one high occupancy vehicle (HOV) lane in each direction west of
Loveridge Road while preserving sufficient width in the SR4 median through the Loveridge Interchange to
accommodate a possible future public transit improvement(by others). The proposed project will reduce existing
traffic congestion,improve traffic operations,and encourage HOV use to accommodate travel demand anticipated
through the year 2030.
On June 27, 2006, this Board APPROVED the proposed Project and ADOPTED the Negative Declaration and
Finding of No Significant Impact pertaining to this Project that was published on August 2, 2005.
This segment of the Project consists of acquiring fee title to a portion of property located at 3210 Delta Fair Blvd.,
in Antioch and identified as Assessor's Parcel Number 074-122-039,as well as a permanent overhead and pole line
easement,and a temporary construction easement. The property is improved with a Best Western Hotel which will
be demolished for the project. The purpose of this hearing is to consider the necessity of acquiring said property
interests. If the proposed Resolution of Necessity is adopted, the County may proceed to acquire said property
interests through the use of eminent domain.
Contra Costa County(County),through the Real Property Division of the Public Works Department,has made an
offer of just compensation to the owner of the property for the property interests required for this segment of the
Project. The offer was based on an appraisal of the fair market value of said property rights, which proved
unsuccessful during negotiations.
Construction of this segment of the Project is scheduled to begin in the summer of 2009. 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 property owner whose name and address appears on the last equalized County
Assessment Roll.
The notice was sent by first-class and certified mail on December 1, 2008 and consisted of a Notice of Intention
which notified the property owner that a hearing is scheduled for December 16, 2008 at 9:30 a.m. in the Board's
Chambers, at which time the property owner may appear to be heard on the matters referred to in the notice.
In an Agreement between the County,the State of California and the Contra Costa Transportation Authority dated
January 18, 2008, the parties to the agreement reaffirm the terms of two earlier Agreements, through which the
County was designated as the agency to acquire the real property necessary for the Project,through eminent domain
or otherwise, by and through its Board of Supervisors, County Officials and departments, and County attorneys.
SUBJECT: Condemnation of property for'widening of State Route 4 East, Somersville Road to State Route 160
project, Antioch area. (District V) Project No.: 4660-6X4168 SCH No. 2004092135
DATE: December 16, 2008
PAGE: 3 of 3
BACKGROUND AND REASONS FOR RECOMMENDATIONS: (con't)
B. Scope of Hearing Per C.C.P. Section 1245.235
1. Public Interest and Necessi1y require the proposed project.
SR4 is the only east-west transportation corridor in this area that provides direct access from Pittsburg,Antioch,
and Brentwood to the greater Bay Area to the west and a link between Contra Costa County and San Joaquin
County to the east. Traffic volume on the existing roadway is beyond system capacity,due to development in
East County. This has resulted in severe congestion and increased travel times. Further increases in traffic
volume will result in gridlock, not only in the freeway system,but also in the alternative local street network
located near the congested freeway. The project will increase the use,of HOV lanes and accommodate future
mass transit services (by others) into East County.
2. The project is planned and located in the manner that will be most compatible with thered atest public good
and the least private injury.
Several alternative alignments were considered during the planning stage of this project. In the alignments not
selected, the impacts to residential properties were considerably higher, and would have required more
extensive utility relocation.
3. The property sought to be acquired is necessary for the project,
The property sought to be acquired for this segment of the Project is necessary for the widening of SR4.
4. The offer of compensation required by Section 7267.2 of the Government Code has been made to owner
or owners of record.
The County,through the Real Property Division of the Public Works Department, has made an offer of just
compensation to the owner of record for the property interests required for the Project. The offer was based on
an appraisal of the fair market value of said property interests.
CONSEQUENCES OF NEGATIVE ACTION:
The County will be unable to acquire the property rights necessary for the project.
THE BOARD OF SUPERVISORS
CONTRA'COSTA COUNTY, CALIFORNIA
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Purposes, ) NO. 2008
State Route 4 East, )
.Somersville Road to State ) (C.C.P. Sec. 1245.230)
Route 160 Project, )
Antioch Area )
The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
of its members, RESOLVES that:
Pursuant to Government Code Section 25350.5 and Streets&Highways Code Section 943,
Contra Costa County (County) intends to construct a road reconstruction project, a public
improvement consisting of widening and improving of State Route 4 from west of Loveridge Road
to east of Hillcrest Avenue in the Antioch area and, in connection therewith, acquire interests in
certain real property.
The property to be acquired consists of a portion of 3210 Delta Fair Blvd. identified as
Assessor's Parcel Number 074-122-039 and generally located in the Antioch area. Said property is
more particularly described in Appendix "A", attached hereto and incorporated herein by this
reference.
On December 1,2008,notice of the County's intention to adopt a resolution of necessity for
acquisition by eminent domain of the real property described in Appendix "A" was sent to person
whose name appears on the last equalized County Assessment Roll as owner(s)of said property. The
notice specified December 16, 2008, at 9:30 a.m., in the Board of Supervisors Chambers in the
Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
hereon.
The hearing was held at that time and place, and all interested parties were given an
opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
hereby declares the following:
1. The public interest and necessity require the proposed project; and
2. The proposed project is planned and located in the manner which will be most
compatible with the greatest public good and the least private injury; and
3. The property described herein is necessary for the proposed project; and
4. The offer required by Section.7267.2 of the Government Code was made to the
owner or owners of record; and
5. Insofar as any of the property described in this resolution has heretofore been
dedicated to a public use, the acquisition and use of such property by Contra Costa
County for the purposed identified herein is for a more necessary public use than the
use to which the property has already been appropriated for a compatible public use.
RESOLUTION NO?17
This determination and finding is made and this resolution is adopted pursuant to
Code of Civil Procedure Sections 1240.510 and 1240.610.
6. On June 27,2006,this Board APPROVED the proposed project and ADOPTED the
Negative Declaration/Finding of No Significant Impact pertaining to this project that
was published on August 2, 2005.
The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
To acquire in the County's name,by condemnation, the titles, easements and rights of way
hereinafter described in and to said real property or interest(s) therein, in accordance with the
provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
Parcel 61117-1 is to be acquired in fee title.
Parcel 61117-2 is to be acquired as a permanent overhead and pole line easement
Parcel 61117-3 is to be acquired as temporary construction easement.
To prepare and prosecute in the County's name such proceedings in the proper court as are
necessary for such acquisition;
To deposit the probable amount of compensation based on an appraisal,and to apply to said
court for an order permitting the County to take immediate possession and use said real property for
said public uses and purposes.
PASSED and ADOPTED o k' ����,by the following vote:
AYES: G I 0 I GL) l,l&Rp- , ,P &aaa)
NOES:
ABSENT: ol�
I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
and adopted by the vote of two thirds or more of the Board of Supervisors of Contra Costa County,
California, at a meeting of said Board of Supervisors on the date indicated above.
Date:bK� tm ber [b f 906
CSP:sr
G:\RealProp\SR4 Somersville-SRI 60\Condemnation\CO.02 Res of Necessity Best Western.doc _
Orig.Dept.: Public Works Department(R/P)
Contact: C.Pifia-Sandoval(Tel.313-2012) I hereby certify that this is a true and correct copy
cc: County Administrator of an action taken and entered on the minutes of the
Auditor-Controller(via R/P) Board of Supervisors on.the date shown.
County Counsel(certified copy of Resolution) ATTESTED:� ` - er -I� 1
0-009
P.W.Finance
JOHN CULLEN,Clerk of the Board of Supervisors
anc�Co ty administrator
gy'v 1h f�(QJ�I`'GCP� Deputy
RESOLUTION NO.1 /
E.A. 228512 SR 4 @ Somersville Rd.
City of Antioch County of Contra Costa
APPENDIX "A"
LAND DESCRIPTIONS OF THREE (3) PARCELS OF LAND IN THE CITY OF ANTIOCH,, COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B AS SAID
PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 8-79, FILED MARCH 10,
1980, IN BOOK 85 OF PARCEL MAPS, AT PAGE 4, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
Parcel 61117-1 FEE PARCEL
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE
GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1964 IN
BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO
LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 69057' 52" EAST
296.54 FEET ALONG THE SOUTHERLY LINE OF SAID LANDS OF THE ANTIOCH DEVELOPMENT
AGENCY TO THE WESTERLY LINE OF PARCEL 52653-1, AS SAID PARCEL IS DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 25, 1995 AS INTSTRUMENT
NO. 95-140340 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS
OF 40.00 FEET (A RADIAL LINE OF SAID CURVE TO SAID POINT BEARING NORTH
71°21' 07" EAST) ; THENCE LEAVING SAID SOUTHERLY LINE OF LANDS OF THE ANTIOCH
DEVELOPMENT AGENCY, SOUTHERLY 43.20 FEET ALONG SAID CURVE AND SAID WESTERLY
LINE OF LANDS OF THE STATE OF CALIFORNIA THROUGH A CENTRAL ANGLE OF
61°52'31"; THENCE SOUTH 43°13' 38" WEST 125.81 FEET ALONG SAID WESTERLY LINE
OF PARCEL 52653-1, TO THE NORTHEASTERLY LINE CF PARCEL B, AS SAID PARCEL IS
SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23, 1975 IN
BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
LEAVING SAID WESTERLY LINE OF PARCEL 52653-1, NORTH 46046'22" WEST 13.55 FEET
ALONG SAID NORTHEASTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 1-75; THENCE
LEAVING LAST SAID NORTHEASTERLY LINE, NORTH 42043' 03" EAST 15.00 FEET; THENCE
NORTH 46°46' 22" WEST 170.59 FEET; THENCE NORTH 50058' 49" WEST 101.34 FEET TO
THE WESTERLY LINE OF SAID PARCEL B OF PARCEL MAP NO. M.S. 8-79; THENCE NORTH
30023' 58" EAST 37. 68 FEET ALONG SAID WESTERLY LINE OF PARCEL B OF PARCEL MAP
NO. M.S. 8-79, TO THE POINT OF BEGINNING.
CONTAINING 27, 266 SQUARE FEET (0.626 ACRES) , MORE OR LESS.
THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY
RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS,
INCLUDING ACCESS RIGHTS, APURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND
TO SAID FREEWAY.
Parcel 61117-2 PERMANENT OVERHEAD AND POLE LINE EASEMENT
COMMENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE
GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1984 IN
BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO
LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 30023158" WEST
37.68' FEET ALONG SAID WESTERLY LINE OF PARCEL B TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, SOUTH 50058149"
EAST 101.34 FEET; THENCE SOUTH 46046122" EAST 170.59 FEET; THENCE SOUTH
42043103" WEST 15.00 FEET TO THE NORTHEASTERLY LINE OF PARCEL B, AS SAID
PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23,
1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY;
u:\Uublir.\Lend Projects -'\G1-0602-12 HwY 4\docs\Lepals\Pcl 61117.dac
Last. printed 11/25/2008 ':14 P1,
E.A.228512 SR 4 0)Somersville Rd.
City of Antioch County of Contra Costa
THENCE NORTH 46046'22" WEST 170. 18 FEET ALONG LAST SAID NORTHEASTERLY LINE;
THENCE NORTH 50'58'49" WEST 98. 52 FEET TO SAID WESTERLY LINE OF PARCEL B OF
PARCEL MAP NO. M.S. 8-79; THENCE NORTH 30023' 56" EAST 15.17 FEET ALONG SAID
WESTERLY LINE OF PARCEL B OF PARCEL MAP NO. M.S. 8-79, TO THE TRUE POINT OF
BEGINNING.
CONTAINING 4, 055 SQUARE FEET (0.093 ACRES) , MORE OR LESS.
Parcel 61117-3 TEMPORARY CONSTRUCTION EASEMENT EXPIRES 12-31-2012
COMbIENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE
GRANT DEED TO THE ANTIOCH DEVELOPMENT AGENCY RECORDED NOVEMBER 14, 1984 IN
BOOK 12063 AT PAGE 681 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO
LYING ON THE WESTERLY LINE OF SAID PARCEL B; THENCE SOUTH 30023'58" WEST
37. 66 FEET ALONG SAID WESTERLY LINE OF PARCEL B TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, SOUTH 50058' 49"
EAST 101.34 FEET; THENCE SOUTH 46046'22" EAST 170.59 FEET; THENCE SOUTH
42043103" WEST 15.00 FEET TO THE NORTHEASTERLY LINE OF PARCEL B, AS SAID
PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP NO. M.S. 1-75, FILED DECEMBER 23,
1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 38 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 46046'22" WEST 170. 16 FEET ALONG LAST SAID NORTHEASTERLY LINE TO
THE WESTERLY LINE OF SAID PARCEL B OF PARCEL MAP M.S. 1-75; THENCE SOUTH
40030,28" WEST 224.98 FEET ALONG LAST SAID WESTERLY LINE TO THE SOUTHERLY
LINE OF SAID PARCEL B OF PARCEL MAP 8-79; THENCE ALONG THE LAST SAID
SOUTHERLY LINE AND SAID WESTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. M.S. 8-79
THE FOLLOWING THREE (3) COURSES, NORTH 46046'22" WEST 55.19 FEET, NORTH
15'47'21" EAST 16.28 FEET, NORTH 30023'58" EAST 223.41 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 21, 563 SQUARE FEET (0.495 ACRES) , MORE OR LESS.
A PLAT MAP IS ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE PROFESSIONAL LAND SURVEYORS ACT ALL BEARINGS AND DISTANCES FOR THE ABOVE
DESCRIPTION ARE BASED ON CALIFORNIA COORDINATE SYSTEM 1983, ZONE 3, CA-HPGN
EPOCH 2000.86. MULTIPLY DISTANCES SHOWN ABOVE BY 1.00005924 TO OBTAIN GROUND
LEVEL DISTANCES.
LAND
9 SCO
C a
No 178
11.,%W
Exp IL--
FA—KI—S. SCOTT !I!, PLS 7840 I DATE
LICENSE EXPIRES: 12/31/06 OFC
N:\CL-blin\Land P-QjCCt5 3\(31-0602-12 H4Y
LaE,: printed 11/25/2001E 2:14 PM