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HomeMy WebLinkAboutMINUTES - 06271989 - 1.18 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 27, 1989 SUBJECT: SETTLEMENT OF CONDEMNATION CONCERNING WIDENING OF LIVORNA ROAD (Contra Costa County v. Hirsch, Superior Ct. C/N C89-01287) Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDATION A. ACCEPT Grant of Easement from Lori Hirsch and Clifford Hirsch on Livorna Road. B. APPROVE the following conditions under which the easement was conveyed: 1. Developer J. Patrick Land Company is in the process of widening Livorna Road. After this work of improvement is completed and accepted by the county, the County will maintain the easement area in the usual manner that the County maintains public roads as the County, in its sole discretion, deems necessary for public purposes. 2 . The County will not object to future driveway access across the easement being conveyed. 3 . Should the Hirsch property adjoining the area subject to the easement by capable of being subdivided while it is owned by the Hirschs, the area within the easement shall be considered part of the square foot lot size for determination of compliance with zoning regulations. II. FINANCIAL IMPACT NONE Continued on "attachment: X yes Signature u Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature(s) : Action of Board on: JUN 2 7 1989 Approved as Recommended_ Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN X Unanimous (Absent ) ACTION TAKEN AND ENTERED ON Ayes: Noes: THE MINUTES OF THE BOARD OF Absent: Abstain: SUPERVISORS ..ON DATE SHOWN. Attested JUN 2 7 1989 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND 'COUNTY ADMINISTRATOR By 1.6�{/�� 1 r-aAA DEPUTY CLERK III. REASONS FOR RECOMMENDATION/BACKGROUND C7 The conditions of approval of Subdivision 6743 (Bogue Ranch) required the widening of Livorna Road between Trotter Way and Lavender Drive. An easement was required from Lori and Clifford Hirsch to cut their slope back for the road widening. The developer of Subdivision 6743 was unable to negotiate for the easement and requested the County to condemn the easement. On March 28, 1989 this Board adopted a Resolution of Necessity to condemn for the easement. Since then the developer and the Hirschs have negotiated a settlement subject to the County agreeing to the three items listed above. E Acceptance of this easement, with the stated conditions of agreement, will terminate the condemnation action to acquire the easement through eminent domain. RMA:drg BO:livorna.t6 ORIG. DEPT: PUBLIC WORKS (ES) CC: County Counsel Community Development Department Real Property Recorder (Via R/P)