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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: May 10, 1994 MATTER OF RECORD
This is the time fixed for hearing on the proposed
condemnation of real property needed for construction of road
improvements for the Appian Way Triangle Project, El Sobrante
area.
The Board received the staff' s report. Tom Nagle, attorney
for Paul M. Ogle Trust, appeared and advised that he did not
object to the compensation nor the fact that there is authority to
take property, but he did object to the method by which the
calculations were reached to determine which portion of the parcel
is needed.
The Board considered the testimony and the staff report
before it, and after due deliberation, ADOPTED its Resolution of
Necessity, No. 941276.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION TAKEN
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
3 for Public Road Purposes, ) NO. 94/276
Appian Way Triangle ) (C.C .P. S 1245 . 230 )
4 E1 Sobrante Area ) (C .C.P. S 1240 . 410 (b) )
5
6 The Board of Supervisors of Contra Costa County,
7 California, by vote of two-thirds or more of its members, RESOLVES
8 that:
9 Pursuant to Government Code section 25350 . 5, Streets and
10 Highways Code section 943, and Code of Civil Procedure section
11 1240 . 410 (b) Contra Costa County intends to construct a road
12 reconstruction project, a public improvement, to widen, realign and
13 improve portions of Appian Way and Valley View Road in the E1
14 Sobrante area, and in connection therewith, acquire interests in
15 certain real property.
16 The property to be acquired consists of four parcels and
17 is generally located in the E1 Sobrante area. The said property is
18 more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by this reference.
20 On April 18, 1994 , notice of the County' s intention to
21 adopt a resolution of necessity for acquisition by eminent domain
22 of the real property described in Appendix "A" was sent to persons
23 whose names appear on the last equalized County Assessment Roll as
24 owners of said property. The notice specified Tuesday, May 10,
25 1994 , at 11 :COa.m. in the Board of Supervisors Chambers in the
26 Administration Building, 651 Pine Street, Martinez, California, as
27 the time and place for the hearing thereon.
28
RESOLUTION NO. 94/276
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard. Based
3 upon the evidence presented to it, this Board finds, determines and
4 hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project.
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public good
9 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 accompanying
14 statement of the amount established as just compensation, was made
151 to the owner or owners of record.
16 5 . All conditions necessary to establish the right to
17 take the property required for the road project have been complied
18 with.
19 The County Counsel of this County is hereby AUTHORIZED
20 and EMPOWERED:
21 To acquire in the County' s name, by condemnation, the
22 property described in Appendix "A" , attached hereto and
23 incorporated herein by this reference in accordance with the
24 provisions for eminent domain in the Code of Civil Procedure and
25 the Constitution of California:
26 Parcels 10 and 15 are to be acquired in fee simple
27 absolute. Parcel 10A is to be acquired in fee simple absolute as a
26 2
1 remnant pursuant to Code of Civil Procedure section 1240 . 410 (b) .
2 Parcel 15T is to be acquired as a temporary construction easement .
3 To prepare and prosecute in the County' s name such
4 proceedings in the proper court as are necessary for such
5 acquisition;
6 To deposit the probable amount of compensation, based on
7 an appraisal, and to apply to said court for an order permitting
8 the County to take immediate possession and use said real property
9 for said public uses and purposes .
10 PASSED and ADOPTED on May 10 , 1994 , by the following
11 vote:
12 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
13 NOES: None
14 ABSENT: None
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2811 3
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 and regularly introduced, passed and adopted by the vote of two
3 thirds or more of the Board of Supervisors of Contra Costa County,
4 California, at a meeting of said Board on the date indicated.
5 Date: May 10, 1994
6 I hereby certify that this is a
true and correct copy of an.
7 action taken and entered on the
minutes of the Board of
8 Supervisors on the date shpwn.
9 ATTESTED:
10 PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
11 Administrator
12
By: C �-
13 Deputy
14
Orig. Dept: Public Works Department (R/P)
15 cc: Auditor-Controller
County Counsel (Certified Copy)
16
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17 df110):paul.ron
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28�1 4
i
Road 1371 A - Valley View Road
at Appian Way Triangle
PARCEL 10 - Ogle
APN 430-152-031
Dwg. RW1271-93
APPENDIX "A"
PARCEL 10: (Fee Simple Absolute)
A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County,
California being a portion of PARCEL 5 described in the deed to Paul M. Ogle recorded November
10, 1967 in Book 5493 of Official Records at page 308, records of said County, described as
follows:
Beginning at the intersection of the west boundary of said PARCEL 5 (5493 O.R. 308) and the north
right of way line of Valley View Road; thence from the Point of Beginning, along said west boundary
of PARCEL 5, north 2100741"east 43.74 feet;thence north 39°01'23"east 25.24 feet; thence leaving
the west boundary of PARCEL 5, south 76020'03"east 17.13 feet; thence south 13°395T'west 5.00
feet; thence south 76°20'03° east 100.00 feet; thence south 76050'03" east 73.52 feet; thence north
40°40'18" east 11.49 feet; thence south 58018'12' east 7.10 feet to a point on the west right of way
line of Sobrante Avenue; thence along said west right of way line of Sobrante Avenue, south
40028'30"west 74.86 feet to the intersection with the said north right of way line of Valley View Road;
thence along the north right of way line of Valley View Road north 77°16'40"west 185.37 feet to the
Point of Beginning.
Containing an area of 11,803 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS27). Multiply
given distances by 1.0000638 to obtain ground distances.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
S�0%,AND SUq`
Signature: �w`',���;ZwA.
Licensed Land Surveyor
Contra Costa County Public Works Exp. Z•7�
No.5999
Date: 5"� j`3-' ;�� sr �,•�
grFOF CA0
JH:jlg:mg
c\ex:VVRd.pl 0
5/19/94
Page 1 of 4
Road 1371A-Valley View Road
at Appian Way Triangle
PARCEL 10A-Ogle
APN 430-152-031
DWG. RW1271-93
PARCEL 10A: (Fee Simple Absolute - Excess)
A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County,
California being a portion of PARCEL 5 described in the deed to Paul M. Ogle recorded November
10, 1967 in Book 5493 of Official Records at page 308, records of said County, described as
follows:
Commencing at the intersection of the west boundary of said PARCEL 5 (5493 O.R. 308) and the
north right of way line of Valley View Road; thence along said west boundary of PARCEL 5, north
21007'41" east 43.74 feet; thence north 39001'23" east 25.24 feet to the Point of Beginning; thence
from the Point of Beginning, continuing along the boundary of PARCEL 5, north 39001'23"east 16.87
feet; thence north 40013'53" east 50.04 feet; thence south 58018'12" east 174.85 feet; thence south
40°40'18" west 11.49 feet; thence north 76050'03" west 73.52 feet; thence north 76020'03" west
100.00 feet; thence north 13°39'57' east 5.00 feet; thence north 76020'03" west 17.13 feet to the
Point of Beginning.
Containing an area of 7,214 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS27). Multiply
given distances by 1.0000638 to obtain ground distances.
The real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: �S�p V►W
Licensed Land Surveyor ZwE1y,� �o�
Contra Costa County Public Works Exp !2 3!-96
Date: $-- No.5999
• �f�lEOf CAI�����\�
JH:mg
g:1 Oaogle.t5
5/19/94
Page 2 of 4
i
Road 1371 A - Valley View Road
at Appian Way Triangle
PARCELS 15, & 15T - Ogle
Ptn. APN 430-152-043
Dwg. RW1271- 93
PARCEL 15: (Fee Simple Absolute)
A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa
County, California, being also a portion of Parcel 4 described in the deed to Paul M. Ogle
Family Trust recorded March 23, 1990 in Volume 15740 at page 371, Official Records of
said County, further described as follows:
Beginning at the intersection of the northwest line of Parcel 4 (15740 O.R. 371) and the
north right of way line of Valley Yew Road; thence from the Point of Beginning, along said
north line of Valley View Road, south 63°01'40" east 1.91 feet and south 77°16'40" east
166.19 feet,to the southeast line of said Parcel 4; thence along said southeast line, north
21007'41"east 43.74 feet and north 39001'23"east 4.21 feet,to a point, hereinafter referred
to as Point B; thence leaving said southeast line, north 76'20'03" west 27.16 feet, to a
curve concave to the north having a radius of 504.00 feet; thence along the arc of said
curve, westerly 117.01 feet, through a central angle of 13018'08", to the northwest line of
said Parcel 4 (15740 O.R. 371); thence non-tangent to said curve, along said northwest
line, south 40052'20" west 70.83 feet, to the Point of Beginning.
Containing an area of 8,245 square feet of land, more or less.
PARCEL 15T: (Temporary Construction Easement)
An easement for the purpose of constructing a cut slope, and incidents thereto (to
terminate at the end of construction or June 30, 1996 whichever comes first) upon, over,
and across the following described parcel:
Beginning at Point B described in PARCEL 15 of this document; thence from the Point
of Beginning, along the north line of PARCEL 15, north 76020'03" west 27.16 feet, to a
curve concave to the north, having a radius of 504.00 feet; thence along the arc of said
curve, westerly 117.01 feet, through a central angle of 13018'08", to the northwest line of
said Parcel 4 (15740 O.R. 371); thence non-tangent to said curve, along said northwest
line, north 40052'20" east 28.63 feet; thence leaving said northwest line, south 63°16'58"
east 46.58 feet;thence south 75°25'30"east 97.43 feet,to the southeast line of said Parcel
4 (15740 O.R. 371); thence along said southeast line, south 39001'23"west 29.79 feet, to
the Point of Beginning.
Containing an area of 3,880 square feet of land, more or less.
Page 3 of 4
Bearings and distances are based on the California Coordinate System Zone III (C.C.S.
27). Multiply given distances by 1.0000638 to obtain ground distances.
These real property descriptions have been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
%AND
Signature: �,sE° zw
Licensed Land Surveyor ZwE�,� io�
Contra Costa County Public Works Exp
No.5999
Date: �r�lFOFCALIF���\�
LH:ilg:pe
c\ex:Ogle-2043
May 19, 1994
Page 4 of 4
PUBLIC WORKS DEPARTMENT � l
CONTRA COSTA COUNTY
DATE: May 4, 1994
TO: Board of Supervisors
y
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, May 10, 1994
Appian Way Triangle Project, EI Sobrante 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 EI Sobrante area for the construc-
tion of road improvements, and set May 10, 1994, 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 the reconstruction of portions of Appian
Way and Valley View Road near their intersection in EI Sobrante, including new
horizontal and vertical alignment, signalization of two intersections, and installation
of median islands, protected turn lanes, bicycle lanes, and curbs, gutters and
sidewalks. This project is designed to provide improved access to 1-80 and San
Pablo Dam Road, to increase capacity of the Appian Way/Valley View intersection,
and to reconfigure the intersection to eliminate conflicting turn movements for
improved public safety.
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 person whose name and address
appear on the last equalized County Assessment Roll, as well as his legally
appointed agents:
Paul M. Ogle (property owner) Phil Crane (agent)
3322 Morningside Drive MDC Vacuum Products Corporation
Richmond, CA 94803 23842 Cabot Blvd.
Hayward, CA 94545
Page 1 of 3
Thomas C. Nagle (agent)
Cox, Garrett & Nagle
Court & Mellus Streets
P. O. Box 111
Martinez, CA 94553
This notice consisted of sending by first-class and certified mail on April 18, 1994, a
Notice of Intention which notified these owners that a hearing is scheduled for May 10,
1994, at 11:00 a.m. in the Board's Chambers, at which time they may appear to tie 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.
Currently the major traffic flow through the Appian/Valley View intersection
is by left-turn and right-turn movements, creating congestion and delays on
both streets. In addition, the existing four-way stop at the Valley
View/Sobrante intersection stacks up cars in both directions, causing
impatient drivers to cut through the parking lots of fronting businesses in
order to avoid the intersection. Projections of future traffic volumes indicate
that continued development will cause the number of vehicles to exceed the
capacity of the existing two-lane segments of Appian Way and Valley View
Road. Realignment of the road and signalization of the intersections will
increase traffic flow efficiency and relieve the congestion.
Valley View has been improved to its ultimate four-lane configuration from
the easterly project limits to its intersection with San Pablo Dam Road. At
the project limits, the road narrows to two lanes. Widening this portion of
Valley View to its intersection with Appian Way will provide a uniform
roadway section from San Pablo Dam Road to Appian Way.
Finally, a significant number of traffic accidents has occurred within the
project limits, primarily due to conflicting right and left turn movements at
the intersection of Appian and Valley View. This project is expected to
improve safety by reconfiguring the intersection so that major traffic
movements will be 'through" movements rather than right and left turn
movements. The project will further improve safety conditions by replacing
existing stop signs with signals.
B. The project is planned and located in the manner that will be most
compatible with the greatest public good and the least private iniury.
After considering alternate alignments, engineering staff selected and
recommends the present alignment to provide new roadways which meet
current safety standards, provide proper drainage, and cause the least
damage to private facilities and property. The design will have minimal
negative effect on future development of private property.
Page 2of3
Alternatives before the Board are (1) no project, (2) an alternate southerly
alignment,and(3)the preferred alignment.The alternate southerly alignment,
as shown on Exhibit "A" attached, would eliminate the taking of the subject
property by shifting the alignment of the roadway to the south. However,this
change would result in the taking of a minimum of four residential units and
four private commercial ownerships. The preferred alignment impacts only
one private commercial ownership and no residences.
C. The property sought to be acquired is necessary for the project,
The permanent and temporary rights of way required for the construction
and maintenance of the new roadway are shown on the attached right of
way drawing RW1271-93 Page 1 (Exhibit "B").
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, or on any issue which they would like
the Board to consider when deciding whether to adopt the proposed Resolution
of Necessity, except for the issue of compensation.
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.
C. If the Board prefers not to go forward with the project or to consider shifting
the alignment to the south away from the subject property,the Board should
not adopt the Resolution and should direct staff not to go forward with the
project and to seek alternative funding sources.
JMW:NW:glo
c:CO20aAWA5
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.
Page 3of3
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