HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-103 P3
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
Road Purposes,North Broadway Area No. 981103
4 Revitalization Project Bay Point Area (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or
6 more of its members RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets &Highways Code Section
8 943, Contra Costa County intends to acquire an interest in certain real property in order to
9 construct the following infrastructure in the Bay Point area: (1)pavement widening, slurry-seal
10 and frontage improvements (curb, gutter and sidewalk) on North Broadway, Solano and
11 Poinsettia Avenues; (2) a new storm drainage system on Poinsettia and extension of existing
12 storm drains on North Broadway and Solano Avenues; (3) construction of a new road(Pullman
13 Avenue) from Fairview to North Broadway; (4) and installation of street lights on Pullman
14 Avenue. In addition, a significant number of upgrades to the water and sewer facilities will be
15 constructed.
16 The property to be acquired consists of one parcel located in Bay Point and more
17 particularly described in Appendix "A", attached hereto and incorporated herein by this
18 reference.
19 On February 23, 1998,notice of the County's intention to adopt a resolution of necessity
20 for acquisition by eminent domain of the real property described in Appendix "A"was sent to
21 persons whose names appear on the last equalized County Assessment Roll as owners of said
22 property. The notice specified March 10, 1998, at 10:45 a.m. in the Board of Supervisors
23 Chambers in the Administration Building, 651 Pine Street,Martinez, California, as the
24 Administration Building, 651 Pine Street,Martinez, California, as the time and place for the
25 hearing thereon.
26 The hearing was held at that time and place, and all interested parties were given an
27 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
28 and hereby declares the following:
1 1. The public interest and necessity require the proposed project; and
2 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
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3. the property described herein is necessary for the proposed project; and
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4. the offer required by Section 7267.2 of the Government Code was made to the
5 owner or owners of record.
6 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
7 To acquire in the County's name, by condemnation,the titles,easements and rights of
8 way hereinafter described in and to said real property or interest(s)therein, in accordance with
9 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
10 California:
11 Parcel 1 is to be acquired in fee title.
12 To prepare and prosecute in the County's name such proceedings in the proper court as
13 are necessary for such acquisition;
14 To deposit the probable amount of compensation,based on an appraisal, and to apply to
15 said court for an order permitting the County to take immediate possession and use said real
16 property for said public uses and purposes.
17 PASSED and ADOPTED on March 10, 1998, ,by the following vote:
18 AYES: Supervisor Uilke , Gerber, Canciamilla, Rogers
19 NOES: None
20 ABSENT: Supervisor DeSaulnier
21 JJ!
22 J!I
23 Ill
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25 iJJ
26 JJI
27 JlJ
28 IJJ
I I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
3 Costa County, California, at a meeting of said Board on the dated indicated above.
4 Date: March 10, 1998
5 Phil Batchelor, Clerk of the Board of
6 Supervisors and County Administrator
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8 By: ..d.�.s2
9 Deputy
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Orig. Dept: Public Works Department
25 Nancy Wenninger(313-2227)
Auditor-Controller
26 County Counsel (Certified copy)
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o8/03l98 WED 14:45 FAX 925 313 2333 CCC PUBLIC WORKS aa-r CO, COUNSEL Q004
Road Group Number 5385
,� atrJc Bay Point Revitalization
WfY YC KT1YA
wart•+.eomt■atm Parcel 2
Portion APN 096-042-009
Tafoya to C.C. Co.
APPE"IX "A'r
A portion of Lot 35 Block 8 of"Poinsettia Land Company, West Pittsburg Tract Unit No. 1"filed
June 8, 1926 in Book 19 of Maps at page 506, Contra Costa County, California described as
follows:
Being a portion of the parcel of land granted to Pompose Tafoya and Francesca Tafoya, his wife
as joint tenants, by dead recorded January 14, 1974 in Book 7133 of Official Records at page 452
further described as follows:
Commencing at the northwest corner of said Lot 35; thence along the north line of said Lot 35
south 89°09'40" east 42.291 meters to the Point of Beginning continuing along said north line
south 89°09'40" east 42.251 meters to the westerly right of Way line of Solano Avenue, thence
leaving said north line along said right of way line south 0°50'20" west 17.057 meters; thence
leaving said right of way line north 44014'15" west 2.572 meters; thence north 89°09'40" west
40,470 meters; thence north 0050'20" east 15.240 meters to the Point of Beginning,
Containing an area of 646 square meters of land more or less.
Distances shown are in meters. Multiply distances shown by 3,28083333 to convert to U.S. survey
foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to square feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act,
Signature.
Licensed Land Surveyor ` ►
Contra Costa County Public Worksa(
Date:
g:lclericaI\exhibits\BayP009.ex
1/12/98
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 3i 1998
TO: Board of Supervisors -''
FROM: J. Michael Walford, Chief Engineer
SUBJECT: Report Re: Condemnation Hearing, March 10, 1998
North Broadway Area Revitalization Project, Bay Point Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director, on behalf of the Redevelopment Agency, 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 constructing infrastructure improvements in the North
Broadway Area, and set Tuesday, March 10, 1998, at 10:45 a.m. 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 - The proposed project is planned to help revitalize the
neighborhood by constructing the following infrastructure improvements: (1)
pavement widening, slurry-seal and frontage improvements (curb, gutter and
sidewalk) on North Broadway, Solano and Poinsettia Avenues; (2) a new storm
drainage system on Poinsettia and extension of existing storm drains on North
Broadway and Solano Avenues; (3) construction of a new road (Pullman Avenue)
from Fairview to North Broadway; and (4) installation of street lights on Pullman
Avenue. In addition, a significant number of upgrades to the water and sewer
facilities will be constructed.
The Redevelopment Agency, 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 offers were based on an appraisal of the
fair market value of said property rights. Real Property staff is currently negotiating
with owners of the subject properties to acquire the required rights.
In order to proceed with the project, it is necessary for the Redevelopment Agency
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:
1
Kevin J. Dutt David R. Stroup
2548 Mockingbird Hill Road 39 Pamela Court
Walnut Creek, CA 94596 Bay Point, CA 94565
Francisca Tafoya Lolita James
c/o Pete Tafoya 117 Poinsettia Avenue
1629 Woodland Bay Point, CA 94565
Pittsburg, CA 94565
This notice consisted of sending by first-class and certified mail on February 23,
1998, a Notice of Intention which notified these owners that a hearing is scheduled
for Tuesday, March 10, 1958, at 10:45 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.
I1. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed aroiect.
The North Broadway Area Infrastructure Program was developed to bring
much-needed infrastructure improvements to this Bay Point neighborhood.
The installation of drainage and frontage improvements on the existing roads
and the improved neighborhood circulation via additional cross-streets will
likely increase property values and.improve the residents' quality of life.
Based on significant community support and a recommendation from the Bay
Point Project Area Committee, the Board of Supervisors previously approved
the project and authorized the Redevelopment Agency to sell bonds to fund
construction of Phase One of the program.
B. The project is planned and located in the manner that will be most compati-
ble with the greatest public goad and the least private injury.
The widening of North Broadway, Solano and Poinsettia Avenues will occur
within existing County right of way. The proposed alignment of Pullman
Avenue utilizes the right of way for an existing private road named "Pullman
Avenue" between Fairview and Poinsettia Avenues, then shifts slightly south
as it moves west of Poinsettia Avenue in order to minimize the number of
residents that will be dislocated by the project.
C. The property sought to be acquired is necessary,for theproject.
Without the acquisition of the parcels covered by this report, it will not be
possible to construct the proposed extension of Pullman Avenue. This
proposed extension is necessary to improve neighborhood traffic circulation,
which is essential to the project's success in revitalizing the neighborhood.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
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Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section II 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.
NW:gpp
g:\realprop\98-3\CO20nbdwy.wpd
March 3, 1998
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.
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