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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-200 1 THE BOARD OF SUPERVISORS 2 CONTRA COSTA COUNTY,CALIFORNIA 3 Re. Condemnation of Property for RESOLUTION OF NECESSITY 4 stabilization of slide area and repair of No.971200 damage,Bay Point Area (C.C.P. Sec. 1245.230) 5 8 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more of 7 its members,RESOLVES THAT. 8 Pursuant to Government Code section 25350.5 Contra Costa County intends to construct a public 9 improvement to stabilize a landslide area and repair damage caused by earth movement in the Bay Point 10 area and make related improvements and, in connection therewith, acquire certain interests in real 11 property. 12 The property to be acquired consists of one(1)parcel and is generally located in the Bay Point 13 area. The said property is more particularly described in Appendix "A", attached hereto and 14 incorporated herein by this reference. 15 On February 13, 1997, notice of the County's intention to adopt a resolution of necessity for 16 acquisition by eminent domain of the real property described in Appendix "A" was sent to persons 17 whose names appear on the last equalized County Assessment Roll as owners of said property. The 18 notice specified Tuesday, March 4, 1997 at 10:30 a.m. in the Board of Supervisors Chambers in the 19 Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing 20 thereon. 21 The hearing was held at that time and place,and all interested parties were given an opportunity 22 to be heard. Based upon the evidence presented to it,this Board finds,determines and hereby declares 23 the following: 24 1. The public interest and necessity require the proposed project;and 25 2. The proposed project is planned and located in the manner which will be most compatible 26 with the greatest public good and the least private injury;and 27 3. The property described herein is necessary for the proposed project; and 28 4. The offer required by Section 7267.2 of the Government Code was made to the owner or 1 I owners of record. 2 The County Counsel of this County is hereby ALITHORIZED and EMPOWERED: 3 To acquire in the County's name, by condemnation, the titles, easements and rights of way 4 hereinafter described in and to said real property or interest(s)therein,in accordance with the provisions 5 for eminent domain in the Code of Civil Procedure and the Constitution of California: 6 Parcel 1 is to be acquired in fee title. 7 To prepare and prosecute in the County's name such proceedings in the proper court as are 8 necessary for such acquisition; 9 To deposit the probable amount of compensation, based on an appraisal,and to apply to said 10 court for an order pernfitting the County to take possession and use said real property for said public uses 11 and purposes. 12 PASSED and ADOPTED on March 4, 1997,by the following vote: 13 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, UeSaulnier 14 NOES: None 15 ABSENT: None 16 ABSTAIN: None 17 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed 18 and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra Costa County, 19 California,at a meeting of said Board on the date indicated above. 20 Dated: March 4, 1997 21 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator 22 23 By: 24 Deputy 25 cc: Public Works Department Real Property Division 26 Auditor-Control el r County Counsel(certified copy 27 County Administrator 28 H:IDFOTIIBRIEFS\SLA1GREGG-RN.WPD 2 Hill 310 Lana Creep Parcel 1 - Fee Title Drawing M-417-96 APPE"IX "A" Gregg et ux. Peal property in an unincorporated area of the County of Contra Costa, State of California being a portion of the northwest 114 of Section 15, T. 2N., R. 1W., Mount Diablo Meridian, being a portion of PARCEL TWO granted to Hugh Gregg, et ux, recorded October 17, 1974 in Book 7347 of Official Records at page 504 described as follows: Commencing at the southwesterly corner of Lot 12 as shown on the map of Subdivision 6484 filed October 1, 1986, in Book 307 of Maps at page 15, thence along the westerly boundary of Lot 12 and its northerly prolongation, north 11 003'06" west 263.02 feet to the Point of Beginning, thence from the Point of Beginning south 71056'46" west 23.44 feet; thence south 7613'44" west 114.03 feet; thence south 72"16' 30" west 74.70 feet; thence south 76°04'08" west 25.75 feet; thence south 79025'59" west 94.57 feet; thence south 7545'15"west 29.45 feet, to the northwesterly boundary line of said Parcel 2 (7347 0.R. 504), thence north 47°41'54"east 10.87 feet; thence along the northwesterly and northerly boundary of said Parcel 2 north 62°5825" east 98.74 feet; thence north 72058'23" east 200.12 feet, thence north 48012'25" east 67.25 feet to the northeastern corner of said Parcel 2 (7347 O.R. 504), thence south 11°03'06" east 68.95 feet to the Point of Beginning. Containing an area of 11,942 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone 111 (CCS27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Stu tAND Z4YEJyFt°� Signature: Licensed Land Surveyor Exp. Contra Costa County Public Works Nu. 5998 Date: z- .5 t> , ,OFC g:\clerical\exhibits\Hil3crep.ex 12/5/96 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY Date: February 25, 1997 TO: Board of Supervisors i FROM: J. Michael Watford, Public Works Director SUBJECT: Report Re: Condemnation Hearing, March 4, 1997 Sandy Cove Slide Repair Project, Bay Point Area Pursuant to procedure approved by Board Order, dated November 1, 1985, 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 Bay Point area to stabilize a landslide and repair damage to public road improvements, and set March 4, 1997, at 1:45 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. 1. Proposed Project - In late February 1996, a large bedrock landslide began to manifest movement between Beaulieu Drive, Beaulieu Place and Sandy Cove Lane in Bay Point. As interim emergency measures, storm runoff and sewer facilities were diverted and temporary above-ground utility service was established to some of the uphill residences. After extensive study of the complex geologic nature of the site and the multiple factors associated with landslide movement, the County's engineers developed a plan to stabilize the slope. As part of this plan, contractors built a large earthen buttress at the bottom of the failing slope. A total of eight houses were purchased by the County in order to provide sufficient space to construct the buttress. Its construction necessitated the infilling of approximately 600 lineal feet of creek channel, and a 575-foot-long five-foot diameter culvert was placed as part of the buttress so that lateral soil pressures would be transmitted across the creek channel. At the top of the slope the County's contractors constructed a "drainage gallery," a series of wells designed to intercept groundwater and conduct it away before it reaches the slide area. The outfall for this gallery is located the toe of the buttress immediately upstream of the new culvert. 1 Due to the emergency nature of the project, the owner of the property sought to be acquired was very cooperative, granting the County temporary rights to construct as quickly as possible. Subsequently, however, the County's agents and the owner have been unable to reach agreement as to permanent rights. Contra Costa County, through the Real Property division of the Public Works Department, has made an offer of just compensation to the owners of record for the rights required for this project. The offer was based on an appraisal of the fair market value of said property rights. In order to secure permanent property rights for 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 whose names and addresses appear on the last equalized County Assessment Roll: Hugh Gregg 4300 Evora Road Bay Point, CA 94565 This notice consisted of sending by first-class and certified mail on February 13, 1997, a Notice of intention which notified these owners that a hearing is scheduled for March 4, 1997 at 1:45 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. 11. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity reguire the proposed proiect. Because all sewage and storm runoff for the Sea Breeze subdivision is conveyed through Beaulieu Place within the landslide headscarp, the public health and safety of all 136 upslope homes were impacted by the slide. Twenty-six of the homes were directly impacted by temporary utilities service, and ten upslope homes were in immediate peril. On the downslope side, four residences were also affected, though not as severely as those above. Lateral movement was occurring beneath Sandy Cove Lane, towards the open creek channel behind the residences. It was essential that the County proceed expeditiously to effect a long-term solution to the massive earth movement before the onset of the next rainy season. B. The proiect is planned and located in the matter that will be most compatible with the greatest public good and the lease private injury. Prior to construction, an extensive surface and subsurface geotechnical 2 investigation of the site was conducted. During the analysis, a number of slope repair alternatives were considered. The alternative which was selected provides the optimum combination of drainage measures at top of slope to permanently lower the groundwater levels and the construction of an earthen buttress to restore slope support. These measures were determined to be the most feasible to repair the landslide and ensure restoration of the remaining residential units. C. The 2roperty sought to be acquired is necessary for the proiect. It was necessary to fill a portion of the creek in order to prevent the triggering of a shallow slide on a weak plane which was discovered during the site investigation. The infilling also provides support for the southerly portion of the earth buttress. The size and depth required for the earth buttress were controlled by the existing geologic features and the extreme depth of the failure plane. The property sought to be acquired is the minimum necessary to effect the repair while also minimizing the impact on the existing creek. Ill. Recommended Action A. Board to ask if any notified property owners wish to be heard as the three items specified in Section li above, whether the offer of compensation required by Section 72672.2 of the Government Code has been made, or 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 make the findings and determinations listed under II A, B and C above, 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, 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. JMW:NW:9pp 9:1taalpropWrmpVr*99bd.t2 CC: County Administrators Office County counsel Real Property Board Clark-N approved by the Board,please file a copy of this report in your records. 3