HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-003 i
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, } RESOLUTION OF NECESSITY
4 State Route 4 East,Railroad } No. 2002/3
Ave. to Loveridge Rd., } (C.C.P. § 1245.230)
5 Pittsburg Area
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members,RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets&&Highways Code section 943,
10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation
1.1 Authority and Caltrans,intends to construct a road reconstruction project,a public improvement,to
12 widen 2.2 miles of State Route 4 from west of Railroad Avenue to east of Loveridge Road in the
13 Pittsburg area, and, in connection therewith, acquire interests in certain real property.
14 The properties to be acquired consist of eight (8) parcels and are generally located in the
15 Pittsburg area. The said properties are more particularly described in Appendix"A",attached hereto
16 and incorporated herein by this reference.
17 On December 21, 2001,notice of the County's intention to adopt a resolution of necessity
18 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
19 persons whose names appear on the last equalized County Assessment Roll as owners of said
20 property. The notice specified January 15,2002,at 9:00 a.m.in the Board of Supervisors Chambers
21 in the Administration Building,651 Pine Street,Martinez,California,as the time and place for the
22 hearing thereon.
23 The hearing was held at that time and place, and all interested parties were given an
24 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
25 hereby declares the following:
26 1. The public interest and necessity require the proposed project; and
27
28 RESOLUTION NO. 2002/3 1
1 2. The proposed project is planned and located in the manner which will be most
2 compatible with the greatest public good and the least private injury; and
3 3. The property described herein is necessary for the proposed project; and
4 4. The offer required by section 7267.2 of the Government Code was made to the owner
5 or owners of record; and
6 5. On March 27, 2001, this Board approved the proposed project and adopted the
7 Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
8 project that was published on January 23, 2001.
9 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
10 To acquire in the County's name,by condemnation,the titles, easements and rights of way
11 hereinafter described in and to said real property or interest(s) therein, in accordance with the
12 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
13 Parcels 1 and 7 are to be acquired in fee title.
14 Parcels 2,4 and 5 are to be acquired as permanent easements.
15 Parcels 3, 6 and 8 are to be acquired as temporary easements.
16 To prepare and prosecute in the County's name such proceedings in the proper court as are
17 necessary for such acquisition;
18 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
19 court for an order permitting the County to take immediate possession and use said real property for
20 said public uses and purposes.
21 PASSED and ADOPTED on January 15, 2002,by the following vote:
22 AYES: sipmwsms umum, Gmm, mmmm, mmm Am GIOiA
23 NOES: N=
24 ABSENT: N=
25 ABSTAIN
26 N
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28 RESOLUTION NO. 2002/3 2
1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
2 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
3 California,at a meeting of said Board on the date indicated above.
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Attested: February 5, 2002
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7 JM SW&M, Clerk of the Board of
Supe sora aid C=ty Mdnistrator
9 Orig. Dept: Public Works Department(R1P)
Contact: Daren A. Laws (313-2228)
10 Auditor-Controller
County Counsel (Certified Copy)
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28 RESOLUTION NO. 2002/3 3
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A"&
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: January 8, 2002
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, January 15, 2002 State Route 4 East
Project/Railroad Avenue to Loveridge Road, Pittsburg Area.
SCH#2000112007.
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 Pittsburg area for the purpose of widening and
improving a portion of State Route 4 just east of Railroad Avenue to Loveridge Road and
set Tuesday, January 15, 2002 at 9:00 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.
I. Proposed Proiect — The Contra Costa Transportation Authority (CCTA), in
conjunction with Caltrans and the Federal Highway Administration (FHWA), propose
to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from
west of Railroad Avenue to west of Loveridge Road by widening SR4 to
accommodate an additional mixed-flow and one HOV lane in each direction. The
improved corridor would connect to the existing eight-lane freeway system
comprising three mixed-flow lanes and one HOV lane in each direction east of
Railroad Avenue and transition to a six-lane facility comprising three mixed-flow
lanes in each direction immediately west of Kirker Creek. The proposed project will
reduce the level of congestion through the project area and would include sufficient
median width to accommodate a future BARTD extension.
Right—of-way necessary for the project is located at various locations adjacent to the
existing freeway and ramps. The second phase of the project consists of providing
access on California Avenue to accommodate the widening of the freeway and the
construction of the Harbor Street overpass. All of the rights to be acquired for this
phase of the project lie along the north and south side of Route 4 east of Railroad
Avenue.
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 phase of the 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.
1
Construction on the project is scheduled to begin in April 2002. It is necessary for
Contra Costa County to exercise its power of eminent domain. This will not prevent
continued negotiation with property owners. Pursuant to Section 1245.235 of the
Code of Civil Procedure, notice was given to all persons whose names and
addresses appear on the last equalized County Assessment Roll and any other
persons known to have an interest in the property that a hearing is scheduled for
Tuesday, January 15, 2002 at 9:00 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. A
list of those persons notified is attached as Exhibit "A".
On March 27, 2001, this Board APPROVED the proposed project and ADOPTED
the Mitigated Negative Declaration/Finding of No Significant Impact pertaining to
this project that was published on January 23, 2001.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
SR4 is the primary east-west transportation corridor in Contra Costa County.
The proposed project will help reduce traffic congestion along SR4 between
Railroad Avenue and Loveridge Road consistent with Contra Costa County's
planned transportation improvement strategy for the SR4 corridor. The
project will increase the use of HOV lanes between SR 242 in Concord and
Loveridge Road in Pittsburg and will accommodate future mass transit
services into East County that are consistent with BARTD's stated intention
to extend its system toward Antioch.
B. The _prosect is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private iniury.
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 also require major utility
relocation.
C. The property sought to be acquired is necessary for the project.
The properties sought for this phase of the project are necessary for
reconstructing the Harbor Street bridge and east bound off-ramp and
conforming California Avenue improvements.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
2
EXHIBIT "A"
Philip & Aparile L. Lucking Philip & Aparile L. Lucking
P17ilip & .Aparile L. Luckin��
P.O. Box 1170 P.O. Box 1 179 P.O. Box 1 179
P.O. BCA 179 Byron, CA 94514 Byron. CA 94514
ByrAnna Maria Lat115S Anila Maria La-iss Anna Maria Lae4iS5
P.O. Box 222 P.O. Box 22`
�
P.O. Box 222
Lafayette, CA 94549 -Lafayette, CA 94549 Lafayette. CA 94549
Merit Ends, Inc. Merit Ends, Inc. Merit Ends, Inc.
c/o Spencer'M. Brog c/o Spencer M. Brog c!o Spencer M. Brog
620 Clark Avenue 620 Clark Avenue 620 Clark Avenue
Pittsburg, CA 94565 Pittsburg, CA 94565 Pittsbur-, CA 94565
Anthony & Anna J. Lagiss Anthony & Anna J. Lagiss
Anthony & Anna J. Lagiss P.O. Box 222 P.O. Box 222
P.O. Box 222 Lafayette, CA 94549 Lafayette, CA 94549
Lafayette, CA 94549
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY
The Board of Supervisors, as the governing body of Contra Costa County, intends to
consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of
real property in the Pittsburg area, for the widening of State Route 4 East project, a public
improvement, which property is more particularly described in Appendix "A" attached
hereto. The Board will consider the adoption of the Resolution at 9:00 a.m. and thereafter
during its meeting on ,January 15, 2002, in the Board's Chambers at 651 Pine Street,
Martinez, California.
Each person whose property is to be acquired and whose name and address appears on
the last equalized County Assessment Rall has the right to appear at such hearing and be
heard on:
1. Whether the public interest and necessity require the project; and
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
4. Whether the offer required by Govt. Code Section 7267.2 was made.
urice M. Shiu
Public Works Director
Date
G:\GrpData\ReaiProp\SR4@RailroadAve\ResofNecess—Meritl nc.doe
Attachment
cc: Clerk of the Board
Appendix "A„ 04-CC-4 KP-37.6
Lucking(&57989)
Being a portion of Lots 185 and 186 as shown on the Map entitled "High School ,Village" filed on
September 30, 1942 in Book 26 of Maps,Page 907 in the Official Records of Contra.Costa County; same
Lots 185 & 186, described in the Grant Deed to Philip T. Lucking &/or Aprile L. Lucking, Trustees of
The Lucking Family Trust, recorded January 14, 1997 as Series No. 97-006750 in the Official Records of
said County,same said certain parcels being said County; more particularly described as follows:
Parcel 1 (A57989-1)-Fee.-
Commencing
A57989-1 Fee:Commencing at the southwest comer of said Lot 186, same corner being on the north right of way line of
California Avenue as shown on the said "High School Village" Subdivision Map; Thence along the
common line between the said Lot 186 and California Avenue, South 72° 17' 46" East, 8.211 meters to
the Point of Beginning hereof and at the beginning of a curve to the left from which the center bears
North 17°42' 14"East; Thence leaving the said common line and crossing through Lots 185 & 186, in a
northeasterly direction 28.274 meters along the arc of the curve to the left, having a radius of 18.000
meters and through a central angle of 901 00' 00"to the east line of said lot 185, same comer being on the
west right of way line of Harbor Street; Thence along the west right of way line of Harbor Street and the
said east lines of Lots 185 & 186, South 17° 42' 14" West, 11.904 meters to the beginning of a tangent
curve to the right; Thence continuing along the west line of Harbor Street and the south line of said Lot
186 in a southwesterly direction 9.575 meters along the arc of said curve to the right, having a radius of
6.096 meters and through a central angle of 90° 00' 00" to the most southerly corner of said Lot 186,
same corner being on the north right of way line of California Avenue; Thence along the common line
between said Lot 186 and California Avenue, North 721 17' 46" West, 11.904 meters to.the Point of
Beginning.
Containing an area of 61.6 square meters,more or less
Parcel 2 (A57989-2): Slope Easement
Beginning at the southwest corner of said Lot 186, same corner common with the southeast corner of Lot
164 created by said "High School Village" Subdivision Map, same confer being on the north right of way
line of California Avenuo; Thence along the common line between the said Lot 186 and Lot 164,North
170 42' 14" bast, 2.601 meters: Thence leaving the said common line and crossing through Lots 186 &
185, in a northeasterly direction for the following four (4) courses: (1) South 750 46' 47" East, 5.228
meters to the beginning of a tangent curve to the left; (2) 27.935 meters along the arc of said curve to the
left, having a radius of 20.000 meters and through a central angle of 860 30' 58"; (3) North 1.7° 42' 14"
East, 5.912 meters, (4) South 72° 17' 46"East, 2.208 meters to the east line of said Lot 185, same corner
being on the west right of way line of Harbor Street; Thence along the west right of way line of Harbor
Street and the said east line of Lot 185, South 17° 42' 14" West, 10.793 meters to the beginning of a
tangent curve to the right, same point being the north corner of the above described 61.6 square meter
parcel; Thence leaving said common line and across said Lot 186 along the west line of said 61.6 square
meter parcel, in a southwesterly direction 28.274 meters along the are of the curve to the right, having a
radius of 18.000 meters and through a central angle of 90° 00' 00"to the south line of said lot 186, same
line being the north right of way lute of California Avenue; Thence along the common line between said
Lot 186 and California Avenue,North 72° 17' 46"West, 8.211 meters to the Point of Beginning.
Containing an area of 148.4 square meters,more or less
Parcel 3 (&57989-3)- Temporary Construction Easement
Beginning at the northwest corner of the above described 148.4 square meters parcel; Thence along the
common line between the said Lot 186 and Lot 164 North 17° 42' 14" East, 1.537 meters; Thence
leaving said common line and crossing through Lots 186 & 185 for the following three (3) courses: (1)
South 75°46' 47"East, 5.137 meters to the beginning of a tangent curve to the left; (2) in a northeasterly
direction 30.200 meters along the are of said curve to the left, having a radius of 18.500 meters and
through a central angle of 86° 30' 58"; (3)North 17° 42' 14"East, 8.816 meters, to the north tine of Lot
184 created by said"Nigh School Village"Subdivision Map; Thence along the common line of Lot 184
and Lot 185, South 721 17' 46" East, 0.600 meters; Thence leaving said common line and across said
Lot 185 for the following two (2) courses: (1) South 170 42' 14"West, 2.904 meters; (2) South 72° 17'
46" East, 0.900meters to the northwest corner of above described said 148.4 square meters parcel;
Thence along the west line of said 148.4 square meter parcel for the following three(3) course; (1) South
170 42' 14" West, 5.912 meters to the beginning of a tangent curve to the right, (2) in a southwesterly
direction 27.935: meters along the are of the curve to the right, having a radius of 20.000 meters and
through a central angle of 86° 30' 58", (3) North 72' 17' 46" West, 5.228 meters to the Point of
Beginning.
Containing an area of 62.0 square meters, more or less
Parcel 4(A57989-4)z Drainage Easement
Beginning at the northeast corner of said Lot 185, same corner being on the west line of Harbor Street;
Thence along the common line between the said Lot 185 and Harbor Street, South 170 42' 14" West,
2.904 meters to the northeast comer of the above described 148.4 square meter parcel; Thence crossing
through Lot 185 and along the common lines between the 148.4 square meter parcel and the 62,0 square
meter parcel for the following two (2)courses: North 72° 17' 46"West, 3.108 meters and North 17® 42'
14"Bast,, 2.904 meters to the north line of said Lot 185; Thence along the north line of Lot 185, South
720 17' 46"East,3.108 meters to the Point of Beginning.
Containing an area of 9.0 square meters, more or less
Lagiss 1A58019)
Being portions of that certain parcel conveyed to Anthony G. Lagiss and Anna I Lagiss and described in
the Quit Claim Deed recorded December 1, 1970 in Book 6272, at Page 296 in the Official Records of
Contra Costa County; more particularly described as follows:
Parcel 5(A58019.1): Slope Basement
Beginning at the northwest corner of said Lagiss parcel, same comer being on the east right of way line
of Harbor Street; Thence along the common line between the Lagiss parcel and Harbor Street, South 72°
17' 46"Fast, 2.500 meters; Thence leaving said common line and crossing through the Lagiss parcel for
the following three (3) courses: (1) South 17° 42' 14"West, 48.777 meters to the beginning of a tangent
curve to the left; (2) 5.623 meters along the arc of the said curve to the left, having a radius of 3.596
meters and through a central angle of 890 35' 29"; (3) South 71° 53' 15" East, 68.603 meters to the east
line of said Lagiss parcel, same line common with the west line of Parcel 1 as shown by Parcel Map 677-
85 filed September 24, 1985 in Book 118 of Parcel Maps, at Page 37 in the Official Records of said
County; Thence along the said common line between said Lagiss parcel and said Parcel 1, South 17°42'
14" West, 2.000 meters to the common south property corner of said Lagiss parcel and said Parcel 1,
same said corner being on the north right of way line of California Avenue; Thence along the said
common line between said Lagiss parcel and California Avenue, North 72° 17' 46"West, 70.100 meters
to the beginning of a tangent curve to the right; Thence along the eastern line of said Lagiss parcel
common with the east line of Harbor Street for the following two (2) courses: (1) in a northwesterly
direction 5.169 meters along the arc of said curve to the right, having radius of 6.096 meters and through
a central angle of 48° 35' 26'; (2)North 17°42' 14"East,52.797 meters to the Point of Beginning.
Containing an area of 299.9 square meters,more or less.
Parcel 6(A58019-2): Temporary Construction Easement
A temporary construction easement to terminate on December 31, 2004, for highway construction
purposes, and incidents thereto,upon,over and across the following described parcel of land:
Beginning at the most northerly northeast corner of the above described 299.9 square meter Slope
Easement; Thence along the north line of the said Lagiss parcel, South 72° 17' 46" East, 1.500 meters;
Thence leaving said north line for the following three (3) courses: (1) South 171 42' 14"West, 48.777
meters to the beginning of a tangent curve to the left; (2) in a southeasterly direction 3,277 meters along
the arc of said.curve to the left, having a radius of 2.096 meters and through a central angle of 89° 35'
29", (3) South 71°53' 15" East, 68.592 meters to the east line of said Lagiss parcel, same line common
with said Parcel 1 as mentioned above; Thence along the said common line between the said Lagiss
parcel and said Parcel 1, South 17° 42' 14"West, 1.500 meters to the most easterly northeast corner of
the above described Slope Easement; Thence leaving said common line and along the north lime of the
above described Slope Easement for the following three (3) courses: (1)North 71° 53' 15"West, 68.603
meters to the beginning of a tangent curve to the right; (2) in a northwesterly direction 5,623 meters along
the arc of said curve to the right, having a radius of 3.596 meters and through a central angle of 89" 35'
29'; (3)North 17°42' 14"East,48.777 meters to the Point of Beginning.
Containing 182.7 square meters of land area,more or less.
Merit Ends(A58020)
Being a portion of Parcel 1 as shown on Parcel Map MS 678-89 filed January 5, 1990 in Book 144 of
Parcel Maps,at Page 29 in the Official Records of Contra Costa County; same Parcel 1 conveyed to Merit
Ends, Inc.,a California corporation and described in the Grant Deed recorded July 21, 1978 as Instrument
No. 78-99623 in the Official Records of Contra Costa County; and being a portion of; more particularly
described as follows:
Parcel 7 (A58020-1): Pee
Beginning at a railroad spike found and accepted as the original northwest comer of said Parcel 1, same
corner being at the intersection of the east right of way line of Harbor Strwt and the south right of way
line of Bliss Avenue; Thence along the common line between the said Parcel 1 and Bliss Avenue, South
720 17' 25"Bast, 37.557 meters; Thence leaving said common line and across Parcel 1 for the following
seven (7) courses: (I)South 180 26' 28"West, 3.174 meters; (2)North 71° 33' 03"West, 27.477 meters;
(3)South 18°26' 28"West, 1.500 meters; (4)North 71° 33'32"West, 0.895 meters to the beginning of
curve to the left; (5) in a westerly direction 4.101 meters along the arc of said curve to the left, having a
radius of 10.500 meters and through a central angle of 220 22' 35'; (6) South 55° 03' 43" West, 7.542
meters to the beginning of a curve to the left; (7) in a southwesterly direction 101.798 meters along the
arc of said curve to the left,having a radius of 185,000 meters and through a central angle of 31° 31' 39"
to the south line of said Parcel 1; Thence along the south line of said Parcel 1,North 72° 17' 25"West,
0.809 meters to west line of said Parcel 1, common with the east right of way line of Harbor Street;
Thence along the common line between Harbor Street and said Parcel 1 for the following two (2)
courses: (1) North 17° 42' 24"East, 23.512 meters to the beginning of a curve to the right; and (2) in a
northeasterly direction 91.976 meters along the arc of said curve to the right, having a radius of I06.673
meters and through a central angle of 49"24'05"to the Point of Beginning.
Containing 971.8 square meters of land area,more or less.
Parcel 8 tA58020-;2): Temporary Construction Easement
A temporary construction easement to terminate on December 31, 2004, for highway construction
purposes,and incidents thereto,upon,over and across the following described parcel of land:
Beginning at the most southerly corner of the above described 971.8 square meter parcel, being on a
curve to the right from which point the center bears South 66°27' 57"Fast; Thence along the east line of
the above described971.8 square meter parcel for the following seven (7) courses: (1) in a northeasterly
direction 101.798 meters along the are of the said curve to the right, having a radius of 185.000 meters
and through a central angle of 31° 31' 39'; (2)North 55° 03' 43"East, 7.542 meters the beginning of
curve to the right, from which point the center bears South 03" 56' 07" East, (3) in a northeasterly
direction 4.101 meters along the are of said curve to the right, having a radius of 10.500 meters and
through a central angle of 220 22' 35"; (4) South 71° 33' 32" East, 0.895 meters; (5) North 180 26' 28"
East, 1.500 meters; (6) South 71° 33' 03"East, 27.477 meters; (7) North 18° 26' 28"East, 3.171 meters
to the north line of said Parcel 1, same being the south right of way line of Bliss Avenue; Thence along
the common line between Bliss Avenue and said Parcel 1, South 72° 17' 25"East, 1.500 meters; Thence
leaving said common line for the following eleven (11) courses: (1) South 18° 26' 28" West, 4,693
meters; (2) North 71° 33' 03"West, 27.477 meters; (3) South 170 42' 26"West, 1.500 meters; (4) North
710 33' 32"West, 2.415 meters to the beginning of a tangent curve to the left; (5) in a westerly direction
3,114 meters along the arc of said curve to the left, having a radius of 9.000 meters and through a central
"r.
angle of 19° 49' 18"; (6) South 55° 03' 43"West, 7.109 meters to the beginning of a to the Ieft; (7) in a
southwesterly direction. 73.127 meters along the arc of said curve to the left, having a radius of 183.500
meters and through a central angle of 220 49' 59'; (8) South 730 41' 03" East, 3.862 meters; (9) South t
16° 20' 31"West, 17.902 meters; (10) North 72° 17' 10"West, 7.969 meters to the beginning of a curve
to the left, from which point the center bears South 630 26' 58"East; and (11) in a southerly direction
9.507 meters along the arc of said curve to the left, having a radius of 183.500 meters and through a
central angle of 021 58' 06" to the south line of said Parcel 1; Thence along said south line of Parcel 1,
North 72° 17' 25"West, 1.508 meters to the Point of Beginning. i
Containing 328.4 square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
This real property description has been prepared by me,or under my direction, in conformance with the
Professional Land Surveyors Act.
AO
rn
Scott A. Shortlidge Date ,
Licensed Land Surveyor
California No. 6441