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Home My WebLink AboutMINUTES - 06281994 - H.C H.0 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re : Condemnation of Property ) RESOLUTION OF NECESSITY for Storm Drain Purposes, ) No. 94/342 4 in connection with Drainage ) (C. C. P. § 1245 . 230) Area 48C Bay Point Area ) (C. C. P. § 1240 . 610 5 ) (C. C. P. § 1240 . 510) 6 The Board of Supervisors of Contra Costa County, California, 7 by vote of two-thirds or more of its members, RESOLVES that : 8 Pursuant to Government Code section 25350 . 5 Contra Costa 9 County intends to construct a storm drain improvement project, a 10 public improvement in the Bay Point Area, and, in connection 11 therewith, acquire interests in certain real property. 12 The property to be acquired consists of two parcels and is 13 generally located in the Bay Point area. The said property is more 14 particularly described in Appendix "A" , attached hereto and 15 incorporated herein by this reference . 16 On June 13 , 1994 , notice of the County' s intention to adopt a 17 resolution of necessity for acquisition by eminent domain of the 18 real property described in Appendix "A" was sent to persons whose 19 names appear on the last equalized County Assessment Roll as owners 20 of said property. The notice specified Tuesday, June 28, 1994 at 21 9 : 00 a.m. in the Board of Supervisors Chambers in the 22 Administration Building, 651 Pine Street, Martinez, California, as 23 the time and place for the hearing thereon. 24 The hearing was held at that time and place, and all 25 interested parties were given an opportunity to be heard. Based 26 upon the evidence presented to it, this Board finds, determines and 27 hereby declares the following: 28 1 . The public interest and necessity require the proposed 1 project . 2 2 . The proposed project is planned and located in the manner 3 which will be most compatible with the greatest public good and the 4 least private injury. 5 3 . The property described herein is necessary for the 6 proposed project . 7 4 . The offer required by and consistent with section 7267 . 2 8 of the Government Code, together with the accompanying statement of 9 the amount established as just compensation, was made to the owner 10 or owners of record. 11 5 . That insofar as any of the property described in this 12 resolution has heretofore been dedicated to the public use, the 13 acquisition and use of such property by Contra Costa County for 14 highway purposes is for a more necessary public use than the use to 15 which the property has already been appropriated or a compatible 16 public use . This determination and finding is made and this 17 resolution is adopted pursuant to Code of Civil Procedure sections 18 1240 . 610 and 1240 . 510 . 19 6 . All conditions necessary to establish the right to take 20 the property required for the storm drain improvement project have 21 been complied with. 22 The County Counsel of this County is hereby AUTHORIZED and 23 EMPOWERED: 24 To acquire in the County' s name, by condemnation, the 25 property described in .Appendix "A" , attached hereto and 26 incorporated herein by this reference in accordance with the 27 provisions for eminent domain in the Code of Civil Procedure and 28 2 1 the Constitution of California : 2 Parcels 1694 and 1696 are to be acquired as permanent 3 easements . 4 To prepare and prosecute in the County' s name such 5 proceedings in the proper court as are necessary for such 6 acquisition; 7 To deposit the probable amount of compensation, based on an 8 appraisal, and to apply to said court for an order permitting the 9 County to take immediate possession and use said real property for 10 said public uses and purposes . 11 PASSED and ADOPTED on June 28, 1994, by the following vote : 12 AYES : Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers 13 NOES : None 14 ABSENT: None 15 I HEREBY CERTIFY that the foregoing resolution was duly and 16 regularly introduced, passed and adopted by the vote of two thirds 17 or more of the Board of Supervisors of Contra Costa County, 18 California, at a meeting of said Board on the date indicated. 19 Dated: June 28, 1994 20 1 hereby certify that this is a true and correet oopyof an action taken and entered on the minutes of the Board of Supervisors on thaeTA2rn. 21 ATTESTED: June29,' 1 44 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator 22 By_4 "-ate n 23 - •Deputy 24 Orig. Dept . Public Works Department (R/P) Contact : 25 CC : Auditor-Controller 26 County Counsel (Certified Copy) SLA:df 27 df11(5):bay-pt.ron 28 3 DA48C@MS43-88 Drainage Ease - U.P.R.R. So. of APN 099-040-017 Dwg. ED-10182 - Parcel 1694 APPENDIX "A" Parcel 1694: Easement Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being a portion of the south half of the southwest quarter of Section 4, Township 2 North, Range 1 West, Mount Diablo Meridian. References to maps, ownerships, property lines, and right-of-way lines are to records of said County. Bearings are based on the California Coordinate System Zone III (C.C.S. 27) as shown on the map of Subdivision MS 43-88 filed October 28, 1988 in Book 136 of Parcel Maps at page 32. A portion of Sacramento Northern right-of-way (shown as S.N.R.R. on said map) described as follows: Beginning on the south right-of-way line of S.N.R.R. at the east line of PARCEL "B" (136 PM 32), being a curve concave to the south having a radius of 1,870.00 feet, to which a radial bears north 11 022'47" east; thence from the Point of Beginning, along the arc of said curve, westerly 18.86 feet, through a central angle of 0034'40"; thence leaving said south right-of-way line, north 18043'51" east 80.74 feet,to the north right-of-way line of S.N.R.R. being a non-tangent curve concave to the south having a radius of 1,950.00 feet, to which a radial bears north 11 007'45" east; thence along the arc of said curve, easterly 257.71 feet, through a central angle of 7°34'20"; thence continuing along said north line, south 71017'55" east 1,002.83 feet; thence leaving said north line, south 18042'05" west 15.00 feet; thence north 71017'55" west 825.00 feet; thence north 18042'05" east 3.50 feet; thence north 71017'55" west 177.83 feet; thence north 77008'31" west 238.21 feet; thence south 18043'51" west 59.32 feet, to south right-of-way line of S.N.R.R., being a curve concave to the south having a radius of 1,870.00 feet, to which a radial bears north 11025'13" east; thence along the arc of said curve, westerly 1.32 feet, through a central angle of 0002'26", to the Point of Beginning. Containing an area of 20,492 square feet (0.470 acres) of land, more or less. LH:jlg c\ex:mdiablo.snr 1/30/92 Page 1 of 2 DA48C@MS 43-88 Drainage Ease - S.P.T.Co. No. of APN 099-040-017 Dwg. ED-10182-Parcel 1696 Parcel 1696: Easement Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being a portion of the south half of the southwest quarter of Section 4, Township 2 North, Range 1 West, Mount Diablo Meridian. References to maps, ownerships, property lines, and right-of-way lines are to records of said County. Bearings are based on the California Coordinate System Zone III (C.C.S. 27) as shown on the map of Subdivision MS 43-88 filed October 28, 1988 in Book 136 of Parcel Maps at page 32. A portion of Southern Pacific Railway Co. right-of-way (shown as S.P.R.R. on said map) described as follows: Beginning at the most eastern corner of PARCEL "B" (136 PM 32), shown on said map as the intersection of the north right-of-way line of S.N.R.R. with the south right-of-way line of S.P.R.R.; thence from said Point of Beginning along the south right-of-way line of S.P.R.R., north 71018'59" west 24.46 feet; thence leaving said south line, south 77°0831" east 96.40 feet; thence south 71017'55" east 177.83 feet; thence north 18042'05"east 6.50 feet; thence south 71017'55"east 825.00 feet; thence south 18042'05" west 15.00 feet to the north right-of-way line of S.N.R.R.; thence along said north line, north 71017'55" west 1,002.83 feet, to a curve concave to the south having a radius of 1,950.00 feet; thence continuing along said north line, being the arc of said curve, westerly 71.45 feet, through a central angle of 2005'58", to the Point of Beginning. Containing an area of 14,294 square feet (0.328 acres) of land, more or less. , LH:jlg c\ex:da48c.mdm 1/27/92 Page 2 of 2 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: June 13, 1994 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Directo080ffsite SUBJECT: Report Re: Drainage Area 48C @ MS43Improvements 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 Bay Point area for the construction of a storm drain line, and set June 28, 1994, at 9:00 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 subdivider of Minor Subdivision 43- 88 constructing off-site storm drain improvements as a condition of approval for the subdivision. The project is located off Nichols Road in the Bay Point area. 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 June 7, 1994, a Notice of Intention which notified these owners that a hearing is scheduled for June 28, 1994, at 9:00 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. II. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed proiect. The extension of the Drainage Area 48C line will accommodate the additional drainage runoff the development of Minor Subdivision 43-88 will generate. 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 project was planned and located in the manner that would be the most beneficial route with the intent to minimize impacts to the property owners based on an alignment review by the Public Works Department. C. The property sought to be acquired is necessary for the proiect, The properties to be acquired were determined necessary to provide for the improvements 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 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 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:RR:glo C=20WA6 cc: County Administrator's Office County Counsel Real Property- Board-Clerk roperty-Board-Clerk - If approved by the Board, please file a copy of this report in your records. DA 48C @ MS 43-88 OFFSITE IMPROVEMENTS Exhibit "A" A. Southern Pacific Transportation Company Corporate Real Estate 1200 Corporate Center, Room 100 Monterey, CA 91754 B. Paul G. Farrell Contracts & Real Estate Department Union Pacifrc,.Railroad 1416 Dodge Street, Suite 1214 Omaha, Nebraska 68179