HomeMy WebLinkAboutMINUTES - 05041993 - D.1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3
Re: Condemnation of Property RESOLUTION OF NECESSITY
4 for Public Road Purposes, No. 93/ 217
State Highway 4/Bailey Road (C.C.P. § 1245. 230)
5 Interchange W. Pittsburg (C.C.P. § 1240.610)
Area Project No. 4660-6X4158
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7' The Board of Supervisors of Contra Costa County, California,
8 by vote of two-thirds or more of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets and
10 Highways Code section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement, to
12 widen State Highway 4 at Bailey Road, West Pittsburg area, and,
.13 in connection therewith, acquire interests in certain real
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property.
15 The property to be acquired consists of one parcel and is
16 generally located in the West Pittsburg area. The said property
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is more particularly described in Appendix "A" , attached hereto
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and incorporated herein by this reference.
19 On April 8, 1993, notice of the County's intention to adopt
20 a resolution of necessity for acquisition by eminent domain of
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the real property described in Appendix "All was sent to persons
22 whose names appear on the last equalized County Assessment Roll
23 as owners of said property. The notice specified Tuesday, April
24 27 , 1993, at 11:00 a.m. in the Board of Supervisors Chambers in
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the Administration Building, 651 Pine Street, Martinez,
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California, as theltime and place for the hearing thereon.
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The hearing was held at that time and place, and all
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RESOLUTION NO. 93/217
1 interested parties were given an opportunity to be heard. The
2 hearing was closed and the matter was continued to May 4, 1993
3 for decision. Based upon the evidnece presented to it, this
4 Board finds, determines and hereby declares the following:
5 1 . The public interest and necessity require the proposed
6 project.
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest
9 public good and the least private injury.
10 3 . The property described herein is necessary for the
11 proposed project.
12 4 . The offer required by and consistent with section
13 7267 . 2 of the Government Code, together with the
14 accompanying statement of the amount established as
15 just compensation, was made to the owner or owners of
16 record.
17 5 . That insofar as any of the property described cribed in this
18 resolution has heretofore been dedicated to the public
19 use as a water treatment facility, the acquisition and
20 use of such property by Contra Costa County for highway
21 purposes is for a more necessary public use than the
22 use to which the property has already been
23 appropriated. This determination and finding is made
24 and this resolution is adopted pursuant to Code of
25 Civil Procedure sections 1240 . 610 .
26 6 . The County has approved and considered a Final
27 Environmental Impact Report and Addendum for the
28.1 highway project which requires the acquisition of the
RESOLUTION NO. 93/ 217
1 property described herein, which environmental
2 documents comply with the California Environmental
3 Quality Act.
4 7 . All conditions necessary to establish the right to take
5 the property required for the highway project have been
6 complied with.
7 The County Counsel of this County is hereby AUTHORIZED and
8 EMPOWERED:
9 To acquire in the County' s name, by condemnation, the
10 property described in Appendix "A" , attached hereto and
11 incorporated herein by this reference in accordance with the
12 provisions for eminent domain in the Code of Civil Procedure and
13 the Constitution of California:
14 Parcel 51311 is to be acquired in fee simple absolute.
15 To prepare and prosecute in the County' s name such
16 proceedings in the proper court as are necessary for such
17 acquisition;
18 To deposit the probable amount of compensation, based on an
19 appraisal, and to apply to said court for an order permitting the
20 County to take immediate possession and use said real property
21 for said public uses and purposes .
22 PASSED and ADOPTED on May 4, 1993, by the following vote:
23 AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
24 NOES: None
25 ABSENT: None
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RESOLUTION NO. 93/ 217
1 I HEREBY CERTIFY that the foregoing resolution was duly and
2 regularly introduced, passed and adopted by the vote of two
3 thirds or more of the Board of Supervisors of Contra costa
4 County, California, at a meeting of said Board on the date
5 indicated.
6 Date: May 4 , 1993
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9 1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe I ora on the date shown.
1 ATTESTED: - [31.1 4• 111_�
PHIL BAT bH OR,Clerk of the Board
11 f Superviso nd County A ministrator
12 a
BY ,DeDuty
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19 Orig. Dept. Public Works Department (R/P)
Contact:
20 Auditor-Controller
21 SLA/jh County Counsel (Certified Copy)
J-11:a:\bailey.res
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RESOLUTION NO. 93/ 217
APPENDIX "A"
PARCEL 51311: (APN 095-140-006)
Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being
a portion of the north half of the southeast quarter of Section 14, Township 2 North, Range 1 West,
Mount Diablo Meridian, described as follows:
A portion of PARCEL 4 (A) and (B) described in the deed to Southern California Water Company,
a California corporation, recorded December 2, 1966 in Volume 5256 at page 467, Official Records
of said County, further described as follows:
Beginning on the north line of said PARCEL 4(B) at an angle point which bears south 0024'30" east
110.00 feet from Engineers' Station 85+50 on the "F2" line of the Department of Public Works
Survey for the State Freeway in Contra Costa County between Port Chicago Road and Pittsburg,
Road IV-CC-75-F; thence.from the Point of Beginning, along the boundary of PARCEL 4 (B), north
77°05'06" west 6.06 feet and south 31042'30" east 91.74 feet, to the northwest corner of PARCEL
1 described in the deed to the State of California recorded June 6, 1966 in Volume 5135 at page
345, Official Records of said County, being on a non-tangent curve concave to the north having a
radius of 470.00 feet to which a radial bears south 1757'09" west; thence along the north line of
PARCEL 1, easterly 94.91 feet along the arc of said curve, through a central angle of 11034'10", to
the northeast corner of said PARCEL 1, being on the southeast line of said Southern California
Water Company PARCEL 4(A); thence along the boundary of PARCEL 4(A), north 43°08'23" east
124.43 feet and north 0056'30" west 37.44 feet, to the southeast corner of that parcel of land
described in the deed to the State of California recorded October 5, 1951 in Volume 1832 at page
496, Official Records of said County; thence along the south line of said State parcel (1832 O.R.
496), south 89035'30" west 69.61 feet and south 78016'55" west 76.79 feet, to the northeast corner
of said Southern California Water Company PARCEL.4(B); thence along the north line of PARCEL
4(B), south 78016'55" west 76.18 feet, to the Point of Beginning.
Containing an area of 18,875 square feet (0.4333 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
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2/25/93
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COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: April 26, 1993
To: Board of Supervisors
From: Victor J. Westman, County Couns
By: Sharon L. . Anderson, Deputy%ey ounsel
Re: STATE HIGHWAY 4/BAILEY ROAD INTERCHANGE
This responds to the letter from O'Melveny and Myers, the
attorneys for Southern California Water Company ( "Water Company" ) ,
dated April 10, 1993.
The Water Company contends that the proposed condemnation is
unlawful because the County's offer pursuant Government Code section
7267.2 did not include an amount for alleged severance damages.
County staff's position is that there are no severance damages.
Whether or not Southern California Water Company is legally entitled
to severance damages is a matter that will be resolved by the court
in the proposed eminent domain action.
The Water Company further contends that the County was
required to prepare a, supplemental environmental impact report and
that failure to do so violates CEQA. The County staff's position is
that a supplemental EIR was not required. The environmental impacts
of this project have been adequately considered by the Final EIR and
the addendum thereto.
SLA:la
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 22, 1993
TO: Board of Supervisors
FROM: J. Michael Watford, Public Works Director
SUBJECT: REPORT RE: STATE HIGHWAY 4/13AILEY ROAD INTERCHANGE
SOUTHERN CALIFORNIA WATER COMPANY
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 W. Pittsburg area for the
construction of the State Highway 4/Bailey Road Interchange project, and set Tuesday,
April 27, 1993, at 11:00 a.m. as the date and time affected owners may appear and be
heard as to matters specified by law under C.C.P. Sections 1245.235 and 1240.610 as
well as the matters 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 Project - The State Route 4/Bailey Road Interchange project limits
extend from the Willow Pass Grade Lowering project west of Bailey Road to 3,500
feet east of Bailey Road. The work consists of constructing six through lanes,
two future high occupancy vehicle lanes, a 60-foot median sufficient to accommo-
date the BART station and BART track, a new partial cloverleaf interchange with
loop off-ramps and diagonal on-ramps and realignment of local roads including
Canal Road, Bailey Road and Memorial Way in West Pittsburg.
The property sought to be acquired ("subject property") is the Southern California
Water Company Madison Street water treatment plant. Southern California Water
Company asserts that the water treatment plant is appropriated to a public use.
Therefore, the Southern California Water Company water treatment plant is sought
to be acquired pursuant to Code of Civil Procedure Section 1240.610. Section
1240.610 permits acquisition by eminent domain if the use for which the property
sought to be taken is a more necessary public use than the use to which the
property is appropriated.
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:
This notice consisted of sending by first-class and certified mail on April 6, 1993, a Notice
of Intention which notified these owners that a hearing is scheduled for Tuesday, April 27,
1993, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be heard
on the matters referred to in the notice.
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II. Scope of Hearing
A. The public interest and necessity require the proposed interchange project
because over the last decade Contra Costa County has experienced a
significant increase in residential and commercial development. A
substantial amount of this growth is occurring in the State Route 4 corridor
resulting in increased traffic volumes and congestion, particularly during the
peak commute periods. As development occurs and plans to extend BART
to east Contra Costa County are implemented,the Bailey Road interchange
is expected to experience a significant increase in peak period traffic. In
addition to this area-wide traffic, the City of Pittsburg has projected
considerable residential and commercial growth for the vicinity of the Bailey
Road interchange. These projected increases in traffic and the installation
of the regional transit terminal station demonstrates the need for additional
capacity at the State Route 4/Bailey Road interchange and the need for
local street modifications in the vicinity.
The objective of the proposed project is to reconstruct the State Route
4/Bailey Road Interchange to accommodate the circulation and transporta-
tion needs resulting from existing and planned development in this portion
of Contra Costa County and to accommodate the extension of BART to
Bailey Road and the resulting increase in traffic associated with a BART
terminal station at Bailey Road. With this in mind,the proposed interchange
and associated roadway improvements have been designed, or sized, to
accommodate the traffic needs of both a BART terminal station at Bailey
Road, and planned development in this area.
B. The interchange project is planned and located in a manner compatible with
the greatest good because it will relieve heavy traffic congestion at the
project intersection thereby increasing traffic safety and reducing traffic
delay.
The project will cause the least private injury because it is located in the
area that is already impacted by the existing intersection. Right of way
requirements for the project have been kept to a minimum consistent with
a functional interchange project.
C. Subject property is required because of the proximity to Highway 4 and
Bailey Road which places it within the minimum project area for the
interchange. Only by a "no build" decision could subject property be
reasonably avoided. Consequently subject property is necessary for the
project.
D. The proposed use for highway purposes is a more necessary public use
than the use to which the property sought is appropriated (Code of Civil
Procedure Section 1240.610). There are no reasonable alternatives to the
required construction of the interchange project at Highway 4 and Bailey
Road other than an unsatisfactory "no build" option. Subject property is
used as a backup water treatment facility for the area served by the
Southern California Water Company. If the Southern California Water
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company continues to serve this area, the backup facility can be feasibly
relocated. If Southern California Water Company is acquired by the Contra
Costa Water District and the use of the Southern California Water Company
facilities is discontinued then subject property would no longer be needed
for backup service. In the interim between the removal of the treatment
plant on subject property and resolution of backup water service needs,
alternative interim backup water sources are available to the Southern
California Water Company.
E. The offer of compensation and the accompanying Statement of the Amount
Established as Just Compensation has been made to the owner or owners
of record as required by Section 7267.2 of the Government Code.
F. A project Final Environmental Impact Report and an accompanying
Addendum have been approved by the Board of Supervisors, which
environmental documents are in compliance with the California Environmen-
tal Quality Act.
Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to any of
the 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, C, D, E
and F above and 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:KAM:glo
C:CO2OaSC.t4
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-ff approved by the Board, please file a copy of this report in your records.
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