HomeMy WebLinkAboutMINUTES - 07121994 - H.4 H.4
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Purposes: ) NO. 94/ 388
3 Bicycle/Pedestrian Feeder ) (Code of Civ. Proc., § 1245.230)
Trail Bay Point Area )
4 )
5 The Board of Supervisors of Contra Costa County, California by vote of
6 two-thirds or more of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets and Highways
8 Code section 943, Contra Costa County intends to construct a bicycle/pedestrian feeder
9 trail, a public improvement, in the Bay Point area, and in connection therewith to acquire
lo interests in certain real property.
11 The property to be acquired consists of one parcel and is generally located
12 in the Bay Point area. The said property is more particularly described in Appendix "A",
13 attached hereto and incorporated herein by reference.
14 On June 27, 1994, notice of the County's intention to adopt a resolution of
15 necessity for the acquisition by eminent domain of the property described in Appendix "A"
16 was sent to persons whose names appear on the last equalized County Assessment Roll
17 as the owners of said property. The notice specified July 12, 1994 at 11:00 a.m. in the
18 Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez,
19 California, as the time and place for the hearing thereon. ,
20 The hearing was held on July 12, 1994, at that time and place, and all
21 interested parties were given an opportunity to be heard and based upon the evidence
22 presented to it, this Board finds, determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will
25 be most compatible with the greatest public good an the lest private injury; and
26 3. The property described herein is necessary for the proposed project;
27 and
2 s 4. The offer required by section 7267.2 of the Government code was
1 made to the owner or owners of record.
2 The County's counsel is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the name of Contra Costa County, by condemnation, the
4 titles, easements and rights of way as set forth in Appendix "A", in and to said real
5 property or interests therein, in accordance with the provisions of eminent domain in the
6 Code of Civil Procedure and the Constitution of California: Parcel 3, is to be acquired as
7 a permanent easement.
s To prepare and prosecute in the County's name such proceedings in the
9 proper court as are necessary for such acquisition.
10 To deposit the probable amount of compensation, based on an appraisal,
11 and to apply to said court for an order permitting the County to take possession and use
12 said real property for said public uses and purposes.
13 PASSED and ADOPTED on July 12, 1994, by the following vote:
14 AYES: Supervisors Smith, ,DeSaulnier, Torlakson and Powers
15 NOES: None
16 ABSENT: Supervisor .Bishop
17 ABSTAIN: None
18 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
19 introduced, passed and adopted by the vote of two-thirds or more of the Board of
20 Supervisors of the Contra Costa County, California, at a meeting of said Board on-t*
21 date indicated.
22 Dated: July 12, 1994
Phil Batchelor, Clerk of the Board of
23 Supervisors and County Administrator
24 BDeP t: u 1� c
y
25 cc: Public Works Department
Real Property Division
26 Auditor-Controller
County Counsel (certified copy)
27 County Administrator df11(5)bicydeson
28 2
Bay Point Feeder Trail
Riverside Dr. to E.B.M.U.D. R/W
Parcel 3 - Holcomb
Drawing # M297-94
APPENDIX "A"
PARCEL 3: Permanent Easement
Real Property in an unincorporated area of Contra Costa County, California, being a portion of Lot
3 as shown on the map of Subdivision 4362 filed November 8, 1973 in Book 164 of Maps at page
41, records of said County, described as follows:
Commencing at the northwest corner of said Lot 3 (164 M 41); thence along the northerly line of
Lot 3, north 81049'57' east 80.00 feet to the Point of Beginning; thence from the Point of Beginning
continuing along the northerly line of Lot 3, north 81049'57' east 36.03 feet; thence leaving the
northerly line of Lot 3, south 7028'40" west 53.70 feet to a point on the southerly line said Lot 3 (164
M 41); thence along the southerly line of Lot 3, north 86005'00" west 39.00 feet; thence leaving the
southerly line of Lot 3, north 12041'25" east 46.59 feet to the Point of Beginning.
Containing an area of 1,830 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 27).
Multiply given distances by 1.0000580 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.
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Signature: 1W
LicensedLandSurveyor Ex Z-3j—
Contra Costa County Public Works P-
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c\ex:baypnt3.t3 OF CAJ.�jcj
2/16/94
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: July 7, 1994
TO: Board of Supervisors
JAW I aford, Public Works Director
FROM:. J.Vic
SUBJECT: Report Re: Bicycle/Pedestrian Feeder Trail - Bay Point
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 bicycle/pedestrian feeder trail, and set July 12, 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 - To construct a 12' wide feeder trail which will serve as a
pedestrian/bicycle route through a residential area and will also allow access to
two schools and a community park. The feeder trail will link up with the proposed
Delta DeAnza Trail at Port Chicago Highway and Willow Pass Road and connect
to existing sidewalk improvements at Riverside Drive.
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:
Robert E. Holcomb
Sydney D. Holcomb
c/o Patricia & Mavrilo Antuna
P.O. Box 386
Danville, CA 94526
This notice consisted of sending by first-class and certified mail on June 27, 1994, a
Notice of Intention which notified these owners that a hearing is scheduled for July 12,
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 proiect.
Contra Costa County Public Works proposes construction of a bicycle
feeder trail in Bay Point linking up existing and new residential areas with
the Delta DeAnza Trail. This is the first segment of the feeder trail which
will would allow future expansion along the EBMUD right of way. The trail
will allow recreational access to Rio Vista Elementary, Riverview Intermedi-
ate and a community park.
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.
The project has been designed to minimize the impacts to five abutting
properties but will involve minor alteration to existing and conditions but will
not impact any fence resources. The project plans are in conformance with
public works standards. A Categorical Exemption (Class 4h) was adopted
by the Board on May 4, 1993.
C. The property sought to be acquired is necessary for the proiect,
The permanent easement required for the construction and maintenance of
the trail is shown on the attached right of way drawing.
111. 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:KAM:glo
g:\realprop\temp\CO2OaBPT.t7
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.
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EAST BAY BICYCLE COALITION
POST OFFICE BOX 1736 OAKLAND, CALIFORNIA 94604
July 4, 1994CITED
Board of Supervisors
Contra Costa County JUL - 61994
651 Pine Street
Martinez , CA 94553 Jois
CLERK�ONTKr'+OARDOCOS A LO S
Subject : Proposed road from the Pleasant Hill BART station running
north to Monument Boulevard.
Dear Supervisors :
The East Bay Bicycle Coalition has been the spokesman for the
responsible bicyclists of the East Bay for the past 22 years .
We oppose the proposal to construct a roadway for automobiles
adjacent to the Iron Horse Trail running from the Pleasant Hill
BART station northward to Monument Boulevard.
Such a roadway would only encourage more motorists to drive
that route and produce more air pollution, whereas it is in the
best interest of everyone to reduce automobile traffic, reduce air
pollution, and encourage bicycling.
Yours truly,
Yehuda Sherman, M.D. , sec' y
East Bay Bicycle Coalition
TO PROMOTE BICYCLING AS AN EVERYDAY MEANS OF TRANSPORTATION AND RECREATION
DATE: \
REGI jUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: �. �'��j PHONE: 7o J._. SYI"p2.-I,
ADDRESS: /'7-4'7 o9XeEX/ Crly:��U v29 r1
I am speaking formyself ,-1�0R organization:
Check one: (NAME OF ORGANIZNTION)
I wish to speak on Agenda Item # �_.
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.