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HomeMy WebLinkAboutMINUTES - 06081993 - H.1 I THE BOARD COUNTY, VISRSCONTRA COSTA CALIFORNIA 2 Re: Condemnation of Property RESOLUTION OF NECESSITY 3 for Public Road Purposes, Camino No. 93/323 4 Tassajara Road at (C.C.P. S 1245.230) Mrack Road 5 Danville Area Assessment District 6 No. 1992-1 7 8; The Board of Supervisors of Contra costa County, California, 9 by vote of two-thirds or more of its members, RESOLVES that: 10 Pursuant to Government Code Section 25350 . 5 and Streets & 11 Highways Code Section .943, Contra Costa County intends to 12 construct a road reconstruction project, a public improvement, to 13 widen Camino Tassajara Road, Danville area and in connection 14 therewith, acquire interests in certain real property. 15 The property to be acquired consists of one parcel and is 16 generally located in the Danville area. The said property is 17 more particularly described in Appendix "A" , attached hereto and 18 incorporated herein by this reference. 19 On May 18, 1993, notice of the County's intention to adopt a 20 resolution of necessity for acquisition by eminent domain of the 21 real property described in Appendix "All was sent to persons whose 22 names appear on the last equalized County Assessment Roll as 23 owners of said property. The notice specified June 8, 1993, at 24 11 :00 a.m. in the Board of Supervisors Chambers in the 25 Administration Building, 651 Pine Street, Martinez, California, 26 as the time and place for the hearing thereon. 271, The hearing was held at that time and place, and all 28 interested parties were given an opportunity to be heard and "431, 3 23 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 public 7 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 Couns.el of this County is hereby AUTHORIZED and 13 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 real property or interest(s ) therein, in accordance with 17 the provisions for eminent domain in the Code of Civil Procedure 18 and the Constitution of California: 19 Parcel 1 is to be acquired in fee title. 20 To prepare and prosecute in the County's name such 21 proceedings in the proper court as are necessary for such 22 acquisition; 23 To deposit the probable amount of compensation, based on an 24 appraisal, and to apply to said court for an order permitting the 25 County to take immediate possession and use said real property 26 for said public uses and purposes . 27 28 2 1 PASSED and ADOPTED on June 8, 1993 by the following vote: 2 AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson 3 NOES: None 4 ABSENT: None 5 I HEREBY CERTIFY that the foregoing resolution was duly and 6 regularly introduced, passed and adopted by the vote of twothirds 7 or more of the Board of Supervisors of Contra Costa County, 8 California, at a meeting of said Board on the date indicated. 9 I hereby certify that this is a.true and corroct :.=PY bt 10 Date: June 8, 1993 an action taken and entered on the minutes of the Board of Supervlso on the date shown. '_ 11 ATTESTED. was PHIL BA ELOR,Clerk o tho Board . 12 d and county Administrator 13 ' .Den-jty 14 ORIG DEPT: Public Works Department (R/P) 15 cc: Auditor-Controller 16 County Counsel (Certified copy) Contact: Pat Smyers ( 313-2222 ) 17 18 SLA:df df11(3):hansen.rn 19 20 21 22 23 24 25 26 27 28 3 i Assessment District 1992-1 Tassajara Road Widening Hansen APPENDIX "K PARCEL 1 (Fee) Portion of the northwest 1/4 of the southwest 1/4 of Section 32, Township 1 South, Range 1 east, Mount Diablo base and meridian, described as follows: A portion of that certain 2.054 acre parcel of land described as parcel of land described as Parcel 1 in that certain Affidavit-Death of Joint Tenant recorded in Book 7987, Page 203 on August 20, 1975, in Official Records of Contra Costa County, State of California, more particularly described as follows: A strip of land 39.00 feet in width, the north line of which is parallel with and 64.00 feet northerly measured at right angles from the center line of Camino Tassajara Road (formerly known as the County road leading from Danville to Tassajara, in said Affidavit- Death of Joint Tenant) said center line described as north 88030' west 228.71 feet in said Affidavit-Death of Joint Tenant (Book 7987 Page 203). PS:glo c:DE1 HaneAS June 3, 1993 I PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: May 26, 1993 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: Report Re: Eminent Domain Hearing, 6- . @ 11:00 a.m. Camino Tassajara Road Improvement at M ack Road, Danville 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 Danville area for the construction of improvements and widening Camino Tassajara Road, and set June 8, 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. 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 Project - The project consists of realigning Mrack Road and the widening and improving of Camino Tassajara from a point 200' easterly of Lawrence Road to approximately 230' easterly of Hansen Lane. This section is currently a narrow two lane road connecting a widened and improved Camino Tassajara at both ends of the project limits. 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: Lawrence E. Smith Victor Hansen Attorney-at-Law 6460 Ebensburg Lane 18 Crow Canyon Ct., Ste 280 Dublin, CA 94568 San Ramon, CA 94583 Layton Hansen Harold J. Hansen 3024 Gratton Way 4171 Camino Tassajara Road Concord, CA 94521 Danville, CA 94526 This notice consisted of sending by first-class and certified mail on May 18, 1993, a Notice of Intention which notified these owners that a hearing is scheduled for June 8, 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. On March 10, 1993, the owners were offered fair market value, based on a current appraisal, for the property rights required for this project. II. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed project. The portion of Camino Tassajara affected by this project is a narrow two- lane roadway. The road is already improved along its northerly right of way at both ends of the project limits. This work was done previously in conjunction with residential developments. The proposed project will widen Camino Tassajara and increase the safety factor and roadability of the gap between the improved road sections. 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 proposed project is consistent with the ultimate widening plans for Camino Tassajara as developed by the Public Works Department. The construction design plans were prepared by Bryan and Murphy for Assessment District 1992-1 under the review of Public Works. A Negative Declaration for the project was adopted by the Board of Supervisors and a Notice of Determination filed on December 10, 1991. C. The property sought to be acquired is necessary for the project, The area sought to be acquired is shown on a right of way map on file with the Public Works Department. The right of way is consistent with construction plans for the project and is required to complete the project as planned. . Ill. 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 It 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:PS:glo C:CO2UCTA5 May 26, 1993 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.