HomeMy WebLinkAboutMINUTES - 06081993 - H.2 MV
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property )
3 for Creek Restoration in ) RESOLUTION OF
connection with Public ) NECESSITY
4 Road Purposes, State )
Highway 4/Willow Pass ) NO. 93/320
5 Grade West Pittsburg ) (C.C.P. S 1245 . 230 )
Area )
6 )
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 &
10 Highways Code Section 943, Contra Costa County intends to provide
11 creek restoration in conjunction with a road reconstruction
12 project, a public improvement, in the West Pittsburg area, and in
13 connection therewith, acquire interests in certain real property.
14 The property to be acquired consists of two parcels and is
15 generally located in the West Pittsburg area. The said property
16 is more particularly described in Appendix "A" , attached hereto
17 and incorporated herein by this reference.
18 On May 24 , 1993, notice of the County' s intention to adopt a
19 resolution of necessity for acquisition by eminent domain of the
20 real property described in Appendix "A" was sent to persons whose
21 names appear on the last equalized County Assessment Roll as
22 owners of said property. The notice specified June 8, 1993, at
23 11 : 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
28 based upon the evidence presented to it, this Board finds,
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1 determines and hereby declares the following:
2 1 . The public interest and necessity require the proposed
3 project; and
4 2 . The proposed project is planned and located in the
5 manner which will be most compatible with the greatest public
6 good and the least private injury; and
7 3. . The property described herein is necessary for the
8 proposed project; and
9 4 . The offer required by Section 7267 . 2 of the Government
10 Code was made to the owner or owners of record.
11 The County Counsel of this County is hereby AUTHORIZED and
12 EMPOWERED:
13 To acquire in the name of Contra Costa County, by
14 condemnation, the temporary floating construction easements
15 desscribed in Appendix "A" in and to said real property or
16 interest(s ) therein, in accordance with the provisions for
17 eminent domain in the Code of Civil Procedure and the
18 Constitution of California:
19 To prepare and prosecute in the County' s name such
20 proceedings in the proper court as are necessary for such
21 acquisition;
22 To deposit the probable amount of compensation, based on an
23 appraisal, and to apply to said court for an order permitting the
24 County to take immediate possession and use said real property
25 for said public uses and purposes .
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27 111
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1 PASSED and ADOPTED on Jume 8. 1993 , by the following
2 vote:
31 AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
4 NOES: None
5 ABSENT: None
6 I HEREBY CERTIFY that the foregoing resolution was duly and
7 regularly introduced, passed and adopted by the vote of two
8 thirds or more of the Board of Supervisors of Contra Costa
9 County, California, at a meeting of said Board on the date
10 indicated.
11 Dated: unp 89 1991
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Orig Dept: Public Works Department (R/P)
14 Auditor-Controller
County Counsel (Certified copy)
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16 Contact: Ronald D. Babst ( 313-2226 )
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17 dfll(3): creek.rn
18 1 hereby Certify that this is a true and correct jr f
an action taken and entered on the minutes 3f the
Board of Supe71ors on the date shown.
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ATTESTED: ""� e) � J
PHIL BAfi HELOR,cterk of the Dosrd
20 of Supervisors and county Administrator
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State Route 4
Willow Pass Grade
Edgmond
APPENDIX "A"
PARCEL A - TEMPORARY FLOATING EASEMENT (TO EXPIRE DECEMBER 31. 1998)
A portion of the parcel of land described in the instrument to Ronald L Edgmond, et ux
recorded July 8, 1964 in Book 4655 of Official Records at page 396 records of Contra
Costa County, State of California described as follows:
A nonexclusive floating easement for access and creek restoration beginning at the
intersection of the westerly line of the private drive providing ingress and egress to the
above described parcel (4655 O.R. 396), and the northwesterly line of Evora Road;
thence northerly along said private drive's westerly line over the above described parcel
to the northerly property line of said Edgmond parcel; thence southeasterly along said
property line to the intersection of the northwesterly line of Evora Road; thence
southwesterly and southerly along said line to the point of beginning.
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e\ex:Edgmond.apx
5/24/93
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State Route 4
Willow Pass Grade
Jessup
APPENDIX "A"
PARCEL B - TEMPORARY FLOATING EASEMENT (TO EXPIRE DECEMBER 31. 1998)
A portion of the parcel of land described in the instrument Charles H. Jessup, st ux
recorded September 24, 1952 in Book 1996 of Official Records at page 419 records of
Contra Costa County, State of California described as follows:
A nonexclusive floating easement for access and creek restoration beginning at the
intersection of the westerly line of the private drive providing ingress and egress to the
above described parcel (1996 O.R. 419) and the southerly line of said Jessup parcel;
thence northerly along the westerly line of said drive 500' more or less;thence leaving the
westerly line northerly to the most northerly comer of said Jessup parcel (1996 O.R. 419);
thence southeasterly along the southwesterly line of the right of way described in the
instrument to East Bay Municipal Utility District recorded September 28, 1926 in Book 57
of Official Records at page 69 official records of said County to the most northerly comer
of the Subdivision shown on the map filed October 17, 1990 in Book 352 of maps at
page 28 Official Records of said County thence southwesterly, southerly and
southeasterly along said subdivisions easterly line to the southerly line of said Jessup
parcel; thence northwesterly along the southerly line to the point of beginning.
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c\ex:Jessup.apx
5/24/93
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: May 26, 1993
TO: Board of Supervisors rb�9 %
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: State Route 4/Willow Pass Grade Creek Restoration
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 West Pittsburg area for the creek
restoration, and set June 8, 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
State Route 4 is being reconstructed over Willow Pass Grade between Concord
and Pittsburg. Changes to the roadway required construction in and around
several creeks occurring along the existing highway. Significant rainfall this past
winter resulted in sediments, including some from roadway construction sites,
being deposited in certain designated wetlands and riparian areas. To satisfy the
U.S. Army Corps of Engineers (Corps) requirements for restoring and monitoring
those designated areas where sediments were deposited, a combination of
measures to mitigate the impacts will be implemented to (1) remove sediment and
rock deposits, (2) install permanent erosion control facilities, (3) install plantings
for riparian enhancement, and (4) remove most of the previously existing trash and
debris.
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:
(See attached Exhibit "A")
This notice consisted of sending by first-class and certified mail on May 24, 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.
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if. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
On behalf of the public, it is necessary to mitigate the above impacts to
satisfy the California Regional Water Quality Control Board, California
Department of Fish and Game, and the U.S. Army Corps of Engineers to
allow continuation of construction on the State Route 4 project.
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.
A restoration and monitoring plan for 'the creek sediment sites was
prepared April 1, 1993 and followed the guidelines outlined in the "Habitat
Mitigation and Monitoring Proposal Guidelines"prepared by the Corps. The
plan identified the creek areas needed to be restored and monitored to
satisfy the Corps guidelines.
C. The property sought to be acquired is necessary for the proiect,
The temporary rights to be acquired from the property owners were
determined necessary to provide for the creek restoration and monitoring
measures described in Item 1, above.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the
three items specified in Section If 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.
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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.
STATE HIGHWAY 4/WILLOW PASS GRADE CREEK RESTORATION
EXHIBIT 'A'
A. Ronald L Edgmond & Helen A. Edgmond
3960 Camino Andres
Pittsburg, CA 94565
B. Charles H. Jessup & Jean M. Jessup
4030 Camino Andres
Pittsburg, CA 94565
C. Jeannie C. Pavao, Corp. Counsel
SEECON Financial & Construction Co., Inc.
4021 Port Chicago Highway
Concord, CA 94524-4113
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May 25,1993