HomeMy WebLinkAboutMINUTES - 03161993 - H.B r
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Road Purposes, ) No. 93/136
4 Oakley Road Reconstruction ) (Code Civ. Proc.
Project Oakley Area ) § 1245 . 230 )
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6 The Board of Supervisors of Contra Costa County, California,
7 by vote of two-thirds or more of its members , RESOLVES that:
8 Pursuant to Government Code section 25350 . 5 and Streets &
9 Highways Code section 943, Contra Costa County intends to
10 construct a road reconstruction project, a public improvement, to
11 widen Oakley Road between Live Oak Avenue and Empire Avenue in
12 the Oakley area, and, in connection therewith, acquire interests
13 in certain real property.
14 The property to be acquired consists of two parcels and is
15 generally located in the Oakley area . The said property is more
16 particularly described in Exhibit "A" , attached hereto and
17 incorporated herein by this reference.
18 On February 25, 1993, notice of the County' s intention to
19 adopt a resolution of necessity for acquisition by eminent domain
20 of the real property described in Exhibit "A" was sent to persons
21 whose names appear on the last equalized County Assessment Roll
22 as owners of said property. The notice specified March 16 , 1993,
23 at 9 : 00 a.m. in the Board of Supervisors Chambers in the
24 Administration Building, 651 Pine Street, Martinez, California,
25 as the time and place for the hearing thereon.
26 The hearing was held at that time and place, and all
27 interested parties were given an opportunity to be heard and
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1 based upon the evidence presented to it, this Board finds,
2 determines and hereby declares the following:
3 1 . The public interest and necessity require the proposed
4 project; and
5 2 . The proposed project is planned and located in the
6 manner which will be most compatible with the greatest
7 public good and the least private injury; and
8 3 . The property described herein is necessary for the
9 proposed project; and
10 4 . The offer required by section 7267 . 2 of the Government
11 Code was made to the owner or owners of record.
12 The County Counsel of this County, or his designee, is
13 hereby AUTHORIZED and EMPOWERED:
14 To acquire in the County' s name, by condemnation, the
15 titles, easements and rights of way hereinafter described in and
16 to said property or interest(s ) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and
18 the Constitution of California:
19 Parcel Four is to be acquired in fee title.
201 Parcel Four-T is to be acquired as temporary easement.
21 To prepare and prosecute in the County' s name such
22 proceedings in the proper court as are necessary for such
23 acquisition;
24 To deposit the probable amount of compensation, based on an
25 appraisal, and to apply to said court for an order permitting the
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1 County to take immediate possession and use said real property
2 for said public uses and purposes .
3 PASSED and ADOPTED on March 16 , 1993 , by the following vote:
4 AYES : Supervisors Powers, Smith, Bishop, McPeak and Torlakson
5 NOES: None
6 ABSENT: None
7 I HEREBY CERTIFY that the foregoing resolution was duly and
8 regularly introduced, passed and adopted by the vote of two-
9 thirds or more of the Board of Supervisors of Contra Costa
10 County, California, at a meeting of said Board on the date
11 indicated.
12 Dated: �Jja,�,�� /�� q93 Phil Batchelor, Clerk of the
Board of Supervisors and
13 County Administrator
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15 By:
16 Deputy
cc: Public Works Department
17 Real Property Division
Auditor-Controller
18 County Counsel (certified copy)
County Administrator
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Road No. 74838 WO. 4152
Oakley Road Reconstruction
PTN. APN 037-110-010
Ide Parcel
PARCEL 4 and 4-T
Dwg. RW748313-92
EXHIBIT "A"
Real property in the west half of the southeast quarter of the southeast quarter of Section 22,
Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, being
portions of that parcel of land described as PARCEL ONE and PARCEL TWO in the deed to Harry
M. Ide and Shigeko Ide, co-trustees of The Ide Family Trust, recorded May 10, 1983 in Volume
11244 of Official Records at page 957, described as follows:
PARCEL FOUR: (Fee Title)
Commencing at the intersection of the south line of Section 22 and the east line of Subdivision 7330
filed October 22, 1990 in Book 353 of Maps at page 1; thence along said east line, north 00024'25"
east 20.00 feet to the north right-of-way line of Oakley Road, the Point of Beginning; thence from
the Point of Beginning, along said north line, south 89017'35" east 332.70 feet to the east line of said
Ide PARCEL TWO (11244 O.R. 957); thence along said east line, north 00026'25" east 15.00 feet to
a point hereinafter referred to as Point N; thence leaving said east line, north 89°17'35" west 62.71
feet; thence north 0026'25" east 5.00 feet; thence north 89017'35" west 270.00 feet to a point
hereinafter referred to as Point 0, said point being on the east line of Subdivision 7330 (353 M 1);
thence along said east line, south 00024'25" west 20.00 feet, to the Point of Beginning.
Containing an area of 6,340 square feet of land, morE or less.
PARCEL FOUR-T: (Temporary Construction Easement - To expire June 30, 1994, or upon
completion of construction, whichever occurs first)
A 10.00 feet wide strip of land, described as follows:
The southerly line of said 10 feet wide temporary construction easement is the line between Points
0 and N as described in PARCEL FOUR above.
Containing an area of 3,327 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
MH:jlg:fp
exloakley.ide
1/12/93
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 5, 1993 .
TO: Bo f Super �/
:T� _e7,Zc
�FROM: . MiWalfo , ubWork Director
SUBJECT: Report Re: Condemnation Hearing, March 16, 1993
Oakley Road Reconstruction Project, Oakley 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 Oakley area for the construction of
road improvements, and set March 16, 1993, 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 - Reconstruct Oakley Road between Live Oak Avenue and
Empire Avenue. Proposed improvements include new horizontal and vertical
alignment and the installation of approximately 1,250 feet of median island. 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 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:
Jeanne Di Mercurio Harry M. & Shigeko Ide
2480 Oakley Road c/o Dawn Eames
Oakley, CA 94561 1152 Larch Avenue
Moraga, CA 94549
George Wimpey, Inc. Hillside Park Partners
c/o Owen Poole, 2900 Mendocino Avenue
Morrison Homes Santa Rosa, CA 95403
2255 Contra Costa Blvd.
Pleasant Hill, CA 94523
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This notice consisted of sending by first-class and certified mail on February 26, 1993, a
Notice of Intention which notified these owners that a hearing is scheduled for March 16,
1993, at 9:00 a.m. in the Board's Chambers, at which time they may appear to be heard
on the matters referred to in the notice.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
The existing roadway is approximately twenty feet wide with a number of
rises which create inadequate sight distances. The proposed project will
correct these unsafe conditions. The road will be widened to provide one
twelve-foot vehicle lane and a four-foot bike lane in each direction. Existing
rises will be eliminated to improve sight distances to meet Caltrans criteria
for a safe and comfortable travel speed of 50 miles per hour for a major
arterial.
B. The project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
The new roadway has been aligned to meet current safety standards and
provide proper drainage with the least damage to private facilities and
property. The design will have minimal effect on future development of
private property.
C. The property sought to be acquired is necessary for the project,
The permanent rights of way required for construction and maintenance of
the new roadway are shown on attached right of way drawings RW74838-
92.
III. 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 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:glo
C:CO2OaOR.t3
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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