HomeMy WebLinkAboutMINUTES - 06071994 - H.2 H.2
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property )
3 for Public Road Purposes, ) RESOLUTION OF NECESSITY
Port Chicago Hwy/Pacifica ) NO. 94/445
4 Avenue'Traffic Signal ) (Code Civ.Proc. § 1245.230)
Bay Point Area )
5 )
6 The Board of Supervisors of Contra Costa County, California, by'vote of two-
7 thirds or more of its members, RESOLVES that:
s Pursuant to Government Code Section 25350.5 and Streets & Highways Code
9 Section 943, Contra Costa County intends to construct a road reconstruction project, a
10 public improvement, to install two traffic signals and relocate a utility pole, and, in
11 connection therewith, acquire interests in certain real property.
12 The property to be acquired consists of two parcels and is generally located in
13 the Bay Point area. The said property is more particularly described in Appendix "A",
14 attached hereto and incorporated herein by this reference.
15 On May 23, 1994, notice of the County's intention to adopt a resolution of
16 necessity for acquisition by eminent domain of the real property described in Appendix
17 "A" was sent to persons whose names appear on the last equalized County Assessment
18 Roll as owners of said property. The notice specified June 7, 1994, at 11:00 a.m. in the
19 Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez,
20 California, as the time and place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were
22 given an opportunity to be heard and based upon the evidence presented to it, this Board
23 finds, determines and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25 . 2. The proposed project is planned and located in the manner which will be
26 most compatible with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 4. The offer required by Section 7267.2 of the Government Code was made to
1 the owner or owners of record.
2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the County's name, by condemnation, the titles, easements and
4 rights of way hereinafter described in and to said real property or interest(s) therein, in
5 accordance with the provisions for eminent domain in the Code of Civil Procedure and
6 the Constitution of California:
7 Parcel 1 is to be acquired as a permanent signal maintenance easement.
s Parcel 3 is to be acquired as permanent utility easements.
9 To prepare and prosecute in the County's name such proceedings in the proper
to court as are necessary for such acquisition;
11 To deposit the probable amount of compensation, based on an appraisal, and to
12 apply to said court for an order permitting the County to take immediate possession and
13 use said real property for said public uses and purposes.
14 PASSED and ADOPTED on June 7, 1994 , by the following vote:
15 AYES: Supervisors Smith, DeSau1nier,, Torlakson and Bishop
NOES: None
16 ABSENT: Supervisor Powers
17 1 HEREBY CERTIFY that the foregoing resolution was fully and regularly
18 introduced, passed and adopted by the vote of two thirds or more of the Board of
19 Supervisors of Contra Costa County, California, at a meeting of said Board on the date
20 indicated.
21 Dated: June 7, 1994
22 Phil Batchelor, Clerk of the Board of
/
Supervisors and County Administrator
23 By: 'ga�l
e�
24 Deputy
cc: Public Works Department
25 Real Property
Pat Srnyers (313-2222)
26 Auditor-Controller
County Counsel (Certified copy)
27 DF11(5): BAY-PT.RES
28 2
Port Chicago Highway @ Pacifica Avenue
Road Nos. 3481 C and 5094B
PARCEL 1 - Akhtar
Ptn. APN 098-250-001
Dwg. RW3481 C-94
APPENDIX "A"
PARCEL 1: (Signal Maintenance Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
southwest one-quarter of the northeast one-quarter of Section 10,Township 2 North, Range 1 West,
Mount Diablo Meridian,',described as follows:
Commencing at the center of said Section 10 (T2N, R1 W); thence along the mid-section line of
Section 10, south 88°4950"east 7.00 feet to the Point of Beginning, said point being the southwest
corner of Parcel One described in the deed to Shamin Akhtar et al. recorded July 11, 1983 in Book
11333 of Official Record's at page 706, records of said,County; thence from the Point of Beginning,
along the west line of said Akhtar Parcel One (11333 O.R. 706), north 0043'30" east 76.00 feet;
thence leaving the westerly line of said Akhtar Parcel One, south 88049'50" east 8.00 feet; thence
south 0043'30" west 76.00 feet to a point on the mid-section line of said Section 10 (UN, R1 W);
thence along the mid-section line of Section 10, north 88049'50" west 8.00 feet to the Point of
Beginning.
Containing an area of 608 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). To
obtain ground distances multiply distances given by 1.0000580.
i
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Sip 1 AND SURD
Signature: ] �_ `��� � iw� Fio
Licensed Land Surveyor e
Contra Costa County Public Worksp
No.5999
Date: st�lfoF `�o���P
CAL
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3/10/94
Page 1 of 2
I
Port Chicago Highway @ Pacifica Avenue
Road Nos. 3481 C and 5094B
PARCEL 3 - Akhtar
Ptn. APN 098-250-001
Dwg. RW3481 C-94
PARCEL 3: (Utility Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
southwest one-quarter of the northeast one-quarter of Section 10,Township 2 North, Range 1 West,
Mount Diablo Meridian, 'described as follows:
i
Commencing at the center of said Section 10 (UN, R1 W); thence along the mid-section line of
Section 10, south 88049'50"east 7.00 feet to the Point of Beginning, said point being the southwest
comer of Parcel One described in the deed to Shamin Akhtar et al. recorded July 11, 1983 in Book
11333 of Official Records at page 706, records of said County; thence from the Point of Beginning,
along the west line of said Akhtar Parcel One (11333 O.R. 706), north 0043'30" east 15.00 feet;
thence leaving the westerly line of said Akhtar Parcel One, south 8804950" east 8.00 feet; thence
south 0°4330" west 15.00 feet to a point on the mid-section line of said Section 10 (UN, R1 W);
thence along the mid-section line of Section 10, north 88049'50" west 8.00 feet to the Point of
Beginning.
Containing an area of 120 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). To
obtain ground distances multiply distances given by 1.0000580.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
St�O LAND.,z
Signature:
Licensed Land Surveyor �p
Contra Costa County Public Works Exp. 12-37
Date: S/4— `j-� No.5999
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5/5/94 Page 2 of 2
411Z
i
I
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
D June 2, 1994
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Report Re: Eminent Domai earing June 7, 1994 at
1 1 :00 a.m. Port Chicago Highway at Pacifi a Ave. Signal project- Bay
Point Area
A
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 traffic signal project, and set June 7, 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. 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.
11
I. Proposed Project- Install traffic signal and interconnect, road widening for
right turn channelization, and storm drain installation.
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 Civil1Procedure, notice was given to the following persons whose
names and addresses appear on the last equalized County Assessment Roll:
Sham i m Akhtar
943 New Castle Way
Pittsburg, CA 94565
1
This notice consisted of sending byfirst-class and certified mail on May23, 1994,
a Notice of Intention, which notified these owners that a hearing is scheduled for
June 7, 1994, 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.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
i
9
The existing intersection is controlled by stop signs on all approaches.
This project will install a traffic signal which will improve the capacity
of the intersection. In addition, this project will provide an exclusive
eastbound right turn lane on Pacifica Avenue which will reduce delays
for right turning vehicles.
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 has been designed to minimize the impacts to abutting
properties by conforming to the existing centerline and widening on
unimproved right of way. This project conforms with the County
General Plan and was approved by the West Pittsburg (Bay Point)
Transportation Advisory Committee. On December 7, 1993 the Board
11
of Supervisors determined that the project was a CEQA Class 1 C
Categorical Exemption.
C. The property sought to be acquired is necessary for the project, the
property rights required for the project are permanent easements as
shown on right or way maps prepared for the project by the Contra
Costa County Public Works Department. (RW 3481 C-94) The
permanent easements will encompass the facilities to be constructed.
D. The offer of compensation required by Section 7267.2 of the Govern-
ment Code was made to the owner of record on May 12, 1994.
lll. Recommended Action
'I
A. Board to ask if any notified property owners wish to be heard as to
the three items specified in Section li 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 compensa-
tion 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:PSM:Io
QCO20aponA
cc: County Administrator's Office
County Counsel
Real Property ;1
Board Clerk - If approved by the Board, please file a copy of this report in your
records.
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