HomeMy WebLinkAboutMINUTES - 06221993 - 1.13 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 22, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Nome
ABSTAIN: None RESOLUTION NO. 93/-271
Government Code § 25526.6
SUBJECT: Conveyance of Right of Entry to
City of Richmond
Richmond Parkway
Project No. 4500-6X9004
North Richmond Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property in the North Richmond area
for road purposes. The City of Richmond has requested a Right of Entry over a portion
of said property for road widening purposes. This Board FINDS that the conveyance of
_such a Right of Entry is in the public interest and will not substantially conflict or interfere
with the County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of a Right of
Entry to the City of Richmond, pursuant to Government Code Section 25526.6 and the
Board Chair is hereby AUTHORIZED to execute a Right of Entry on behalf of the County.
The Real Property Division is DIRECTED to cause said Right of Entry to be
delivered to the City.
The City Council of the City of Richmond, as lead agency for the Richmond
Parkway project (in both the City of Richmond and County unincorporated area)
approved the project Environmental Impact Report on March 8, 1991 and filed a Notice
of Determination with the County Clerk on March 20, 1991. The City of Richmond also
found the project to conform to its General Plan.
I hereby certify that this is a to and correct copy of
Orig. Dept.: Public Works (R/P) an action taken and enteredon the minutes of the
Contact: Paul Gavey (313-2220) Board of Supe 1 eown.
ATTESTED: `
cc: Public Works Accounting PHIL BATCHELOR,clerk of the Board
Public Works Records of suWMsors and COU Administrator
Grantee (via R/P)
PBG:gio
c:br2722a.t6
RESOLUTION NO. 93/_L71
RICHMOND PARKWAY
Parcel 3-304
RIGHT OF ENTRY
Permission is hereby granted to the City of Richmond, its agents or assigns, to enter upon our
land, as described on the attached description and map, which is part of this Right of Entry, for the
purpose of constructing or improving Richmond Parkway and accomplishing all necessary incidents
thereto.
It is understood that this permission is not a waiver in any way of the right to compensation for
such land or of any remedy authorized by law to secure payment therefor.
This permission is granted in consideration of the location, improvement and construction of a
highway and incidents thereto, which it is understood is required by the City of Richmond with the
understanding that you will hereafter without unnecessary delay, negotiate with the undersigned, and any
other person, ,if any, having any right, title, or interest in said property, to agree upon terms of
compensation and that, if any agreement cannot be reached you will promptly commence eminent domain
proceedings, including a deposit of funds to support an Order for Possession, to have such a
compensation determined.
Section 1245.235 of the Code of Civil Procedures requires the City of Richmond, to give each
person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear
before the California Transportation Commission and be heard on the matters referred to in Section
1240.030 of the Code of Civil Procedure, which provides:
"The power of eminent domain may be exercised to acquire property for a proposed project only
if all of the following are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the Richmond Parkway project.
(d) The offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record." (If an offer has not been made, an appraisal will be
prepared as soon as practicable and an offer made of the full amount of such appraisal.)"
By granting this Right of Entry to the City of Richmond we hereby waive our right to appear and
be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, as quoted above.
We agree that the City can establish the truth of the above-quoted matters, and we will not contest the
adoption of a resolution of necessity by the California Transportation Commission. Therefore, because
Section 1245.250 of the Code of Civil Procedure states that the adoption of a resolution of necessity by
the California Transportation Commission conclusively establishes the matters quoted above, it is
understood that the issues which will be determined in any subsequent eminent domain proceeding will
be limited to those of just compensation as they relate to the property covered by this agreement and no
issues will be raised therein or in preliminary proceedings thereto challenging the public use or necessity
of the project, or the utilization therefor of the property covered by this Right of Entry.
(Page 1 of 2)
It is understood that the City of Richmond will pay interest on the just compensation paid from
May 3, 1993. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund
and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest
will be computed to and including the date of deposit of compensation.
Sincerely,
CONTRA COSTA COUNTY
255 Glacier Drive
Martinez, CA 94553
RECOMMENDED FOR APPROVAL:
By:
f�la�
Cheryl Bennett, Land Acquisition Representative Chairman, Board of Supervisors
CONTRA COSTA COUNTY
By: ATTEST: Phil Batchelor, Clerl,, of the Bo?rd of
Sandra Ferguson, Project Manager Supervisors and County Administrator
By:
Qepu7y Clerk of Board of Supervisors
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
ACCEPTED: ATTEST:
By: By:
Director of Public Works City Clerk
Form Approved:
By:
City Attorney
Date:
No Obligation Other than Those Set Forth Herein Will Be Recognized
pa=1s\3-304Vhmihy.i
(Page 2 of 2)