HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-319 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
Road Purposes, Hillcrest Road NO. 98/319
4 El Sobrante Area Subdivision 7582 (C.C.P. Sec. 1245.230)
5
6 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or
7 more of its members, RESOLVES that:
8 Pursuant to Government Code Section 25350.5 and Streets &Highways Code Section
9 943, Contra Costa County intends to construct a road improvement and widening project, a
10 public improvement, to widen and improve Hillcrest Road, El Sobrante area, and, in connection
11 therewith, acquire interests in certain real property.
12 The property to be acquired consists of 2 parcels, (766.25 square feet in fee and 2,234.65
13 square feet as temporary construction easement) and is generally located in the El Sobrante area.
14 The said property is more particularly described in Appendix"A", attached hereto and
15 incorporated herein by this reference.
16 On June 1, 1998, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix "A"was sent to
18 persons whose names appear on the last equalized County Assessment Roll as owners of said
19 property. The notice specified June 16, 1998, at 2:00 p.m. in the Board of Supervisors Chambers
20 in the Administration Building, 651 Pine Street, Martinez, California, as the time and place for
21 the hearing thereon.
22 1. The public interest and necessity require the proposed project; and
23 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
24
3. The property described herein is necessary for the proposed project; and
25
4. The offer required by Section 7267.2 of the Government Code was made to the
26 owner or owners of record.
27 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
28 To acquire in the County's name,by condemnation, the titles, easements and rights of
FdSO=CN 98/319
I way hereinafter described in and to said real property or interests therein, in accordance with the
2 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
3 Parcel 1 is to be acquired in fee title.
4 Parcel 2 is to be acquired as temporary easement.
5 To prepare and prosecute in the County's name such proceedings in the proper court as
6 are necessary for such acquisition;
7 To deposit the probable amount of compensation,based on an appraisal, and to apply to
8 said court for an order permitting the County to take immediate possession and use said real
9 property for said public uses and purposes.
10 PASSED and ADOPTED on June 16, 1998,by the following vote:
11 AYES: SUPERVISORS UILKEMA, GERBER, UeSAULNIER, CANCIAMILLA and
ROGERS
12 NOES: NONE
13 ABSENT: NONE
14 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
16 Costa County, California, at a meeting of said Board on the date indicated.
17 lute: JUNE 16 , 1998
18
19 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
20 date shown.
ATTESTED: _ jd e -16:, 1998
21 PHIL BATCHEL R, Clerk of the Board
Supe isors a unty A ministrator
22 By Deputy
23
24
25 Orig. Dept.: Public'Works Dept. (KIP)
Donna Dawkins
26 Auditor-Controller
County Counsel (Certified copy)
27
HADFOMBRIEFStiSLAtHIUCST.WPD
28
RE5=CN 98/318
A.I'I'MIX '•A"
PARCEL 1 HiLLCREST ROAD RIGHT–OF–WAY WIDENING
A partri= of Lct 26, as shown an the mea mtitlad, "Iftp of Nca.''h Rickcmnd,� _
C=ta Cb., Califc=-3a", fijad on Z 6, 1908, In the atfim of t:ha
Z?mi=d= of
acid cmnty, in Bok 1 of HAps at Page 13, des=zbed
follows:
eg i nr,i Y+g at tba intr cticn of tha n=t h lirm of Ce=ta Road with the east
Line of H4_11 c- t fr= said' point of , said mast
line of 13111 2�c
t Hcad =th 16025121" east, 95-52 few arad ncr'th
360451== east, 33..59 feet to the rarth Lim of said Iat 26; thm=8 south
89006109" east, ajor q said n=th Lim cf l t 26, 6.50 fest; tbw= halt
said north bees a raC7n— c=Va to the 3.at v, the cw1tw of wh.:c h
bsttx's soutt 56046114" east, having a radius of 3.40.00 fest, a
cw=al angler of 16048'25", an arc length of 41.07 feet to a pai= of
s=tl1 16025/21" t, t, 51.51 feet 31035r25t'
east, 26.91 feet to said r= t:h line of Cerrito Road; t. er=m a-.cng said r=-h
Line ne of C= .-i� P=d n=-',h 73034"3911 W@St, 25.00 feet to 2a pci.:rt of
C;nt`a;ri 755.25 sqU=e feet, ==a Cr leSS.
,�,0`car/®,�4r
�0 -Yyclay�"
ca
No. 21.85'
I
r a t�Ai.if .
mznr7
"PE"IX "A"
PARCEL' 2 TEMPORARY CONSTRUCTION EASEMENT
To EXPIRE UPON O Mf ON OF CUNSTRUMON OR DECEMBER 31 20007
A, portion of Lot 26, as shown on.the map entitled,, "Map of Nath Rim,
Contra Costa Co.,, California", filed on April 6, 1908, in the office of the
County Recorder of said Q=ty,. in Book 1 of Maps at Page 18, described as
follows:
at the intersection- of the mirth Immem of Cerrito Fwd with the
east line of Hillcrest Road; thence fmm said point of t, orig
said north ' line of Cerrito Road south 73°34'39" est, 25.00 feet toalthe
point of }��,ing for this iption; them leaving said north line of
Cerrito Road north 31035125" west, 26.91 feet; thence north . 16025-'2111
east, 51.51• feet; thence alc rq a tangent curve to the right, havirq a radius
of 140.00 feet, throvigh a mal angle of 16048 r25t1, an arc I erzjth of
41.07 feet to a point of non-tangency; thence south 89006'091k east 10.82
feat; thence south 24049134"' west, ° 43.85 feet; thence south 16525121.t1
west, 53.79 feet; them south 31`035'251' east, 16.03 feat; tt ' south
73034139t1 east, 27.1.3 feet; thence north 16025121.1' ea`s°`t., 25.00 feet:;
thence south. 7303413931 east, 50.00 feet; thence south 16025'21" west,
20.00 feet to said north lie of Cerrito Road; thence along said north line
of Cex=ito Road north 73034139"'west, 79.05 feet to the point of inning.
Containing 2234.65 square feet, more or less.
1ROf ESSIg fA
Wo
No.21.856
Exp.9-30-9.*
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
TE: June 9, 1898
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Directo/cquisition
SUBJECT: Report Re: Subdivision 7582 Offsite for Hillcrest Road
Improvements, EI Sobrante Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, 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 El Sobrante area for the construction of
improvements to Hillcrest Road, and set June 16, at 2:00 p.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 Proiect — Construction of approximately 10 feet of pavement widening,
curb & gutter, sidewalk, handicap ramps, storm drainage collection and conveyance
structures and related improvements along approximately 115 linear feet of an
existing major public thoroughfare (Hillcrest Road). These improvements were
required by the County as a condition of approval of Subdivision 7582.
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 following persons whose names and addresses
appear on the last equalized County Assessment Roll:
Obadiah & Genell Bailey
3600 Hillcrest Road
EI Sobrante, CA 94803
This notice consisted of sending by first-class and certified mail on June 1, 1998,
a Notice of Intention which notified these owners that a hearing is scheduled for
June 16, 1998, at 2:00 p.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
IL Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity reouire the proposed 2roiect.
On or about June 8, 1993, the County Board of Supervisors approved the
vesting tentative map, furthermore, on April 24, 1996, the County accepted
(signed) the improvement plans and on May 7, 1996, the Board approved
the final map all for Subdivision 7582. Each of those maps and plans
require that Hillcrest Road be widened along the entire frontage of this
subdivision. The road widening and related improvements are necessary to
insure the safety of the public and to satisfy County ordinance.
B. The proiect is planned and located in the manner that will be mos# compati-
ble with the greatest public good and the least private injury.
The improvements widen an existing public thoroughfare and are located to
create the greatest public good with the least private inconvenience.
Hillcrest Road is a primary collector street for this area of the County. The
opposite frontage has been widened to its ultimate alignment by a previous
developer. This frontage must be widened to complete this portion of
Hillcrest Road for the safety of the traveling public.
C. The property sought to be acquired is necessary for the Proiect,
For the public improvements to be constructed, the permanent and
temporary land rights must be acquired. The Bailey property fronts on
Hillcrest Road so a portion of it must be acquired for the improvement of the
road.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
In addition to negotiations conducted by the developer, the Public Works
Real Property Division staff made a final offer on May 6, 1998.
111. 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.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under 11 A, B and C
above, 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.
DD:9pp
G:\GrpData\RealProp\98-6\CO20A-7582.doc
(Form updated 2/10197)
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.