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HomeMy WebLinkAboutMINUTES - 03281995 - H.3 �3 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property RESOLUTION OF NECESSITY for Public Road Purposes No. 95/ 141 4 Brookside Drive Realignment (C.C.P. Sec. 1245.230) Richmond 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: 8 Pursuant to Government Code Section,25350.5 and Streets and Highways Code 9 Section 943, Contra Costa County intends to construct a road reconstruction project, a 10 public improvement, to realign a portion of Brookside Drive in the Richmond area, 11 including the relocation of utilities, and in connection therewith, acquire interests in 12 certain real property. 13 The property to be acquired consist of six (6) parcels and is generally located in 14 the Richmond area. The said property is more particularly described in Appendix "A", 15 attached hereto and incorporated herein by this reference. 16 On March 13, 1995, notice of the County's intention to adopt a resolution of 17 necessity for acquisition by eminent domain of the real property described in Appendix 18 "A" was sent to persons whose names appear on the last equalized County Assessment 19 Roll as owners of said property. The notice specified Tuesday, March 28, 1995 at 11:00 20 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine 21 Street, Martinez, California, as the time and place for the hearing thereon. 22 The hearing was held at that time and place, and all interested parties were 23 given an opportunity to be heard and based upon the evidence presented to it, this Board 24 finds, determines and hereby declares the following: 25 1. The public interest and necessity require the proposed project; and 26 2. The proposed project is planned and located in the manner which will be 27 most compatible with the greatest public good and the least private injury; and 28 3. The property described herein is necessary for the proposed project; and 1 4. The offer required by Section 7267.2 of the Government Code was made to 2 the owner or owners of record. 3 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 4 To acquire in the County's name, by condemnation, the titles, easements and 5 rights of way hereinafter described in and to said real property or interest(s) therein, in 6 accordance with the provisions for eminent domain in the Code of Civil Procedure and 7 the Constitution of California; 8 Parcels 4A, 48, 5A, 5B, 5C and 6 are to be acquired in fee title. 9 To prepare and prosecute in the County's name such proceedings in the proper 10 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 possession and use said 13 real property for said public uses and purposes. 14 PASSED and ADOPTED on March 28, 1995, by the following vote: 15 AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop 16 NOES: None 17 ABSENT: None 18 ABSTAIN: None 19 20 21 22 23 24 25 26 27 28 2 1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly 2 introduced, passed and adopted by the vote of two-thirds or more of the Board of 3 Supervisors of the Contra Costa County, California, at a meeting of said Board on the 4 date indicated. 5 Dated: March 28, 1995 6 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 7 8 By: AA 'JA Deputy 9 10 11 12 13 14 15 16 17 cc: Public Works Department Real Property Division 18 Auditor-Controller County Counsel (certified copy) 19 County Administrator 20 df15: brkside.ron 21 22 23 24 25 26 27 28 3 • Brookside Drive Realignment Road No. 0564D Brookside Industrial Partners Parcels: 4A, 4B Dwg. RW0564D-94 APPENDIX "A" PARCEL 4A: (FEE TAKE) Real property in an unincorporated area of Contra Costa County, California, being a portion of that parcel of land described in the deed to Brookside Industrial Partners, et al. recorded November 8, 1988 in Book 14701 of Official Records at page 873, records of said County, described as follows: Commencing at the southeast corner of Lot B as shown on the Map of Sampson Tams Ranch filed July 1, 1907 in Book 1 of Maps at page 7, records of said County; thence, along the easterly line of said Lot B (1 M7) north 003818" east 82.19 feet to the Point of Beginning; thence from the Point of Beginning, leaving the easterly line of said Lot B, south 58°59'16' west 58.33 feet; thence southwesterly along the arc of a tangent curve concave to the northwest, having a radius of 626.00 feet, through a central angle of 10°17'02", a distance of 112.36 feet to a point on the southerly line of said Lot B; thence, along said southerly line, north 88047'37"west 109.93 feet to the southwest corner of said Lot B; thence along the westerly line of said Lot B (1 M7) north 1 °12'23" east 20.22 feet to a point from which a radial line of a non-tangent curve concave to the northwest, having a radius of 574.00 feet bears north 11 01639"west; thence leaving the westerly line of said Lot B, northeasterly along the arc of said curve, through a central angle of 19°45'05", a distance of 197.87 feet; thence, tangent to said curve, north 58059'16" east 90.39 feet to a point on the easterly line of said Lot B (1M7)-1 thence, along said easterly line, south 003818" west 61.08 feet to the Point of Beginning. Containing an area of 12,908 square feet of land, more or less. PARCEL 413: (FEE TAKE) Real property in an unincorporated area of Contra Costa County, California, being a portion of that parcel of land described in the deed to Brookside Industrial Partners, et al. recorded November 8, 1988 in Book 14701 of Official Records at page 873, records of said County, described as follows: Beginning at the southeast corner of Lot B as shown on the map of Sampson Tams Ranch filed July 1, 1907 in Book 1 of Maps at page 7, records of said County; thence, along the southerly line of said lot B (1 M7), north 88°47'37' west 150.07 feet to a point from which a radial line of a non-tangent curve concave to the northwest, having a radius of 626.00 feet bears north 20°43'42" west; thence, leaving the southerly line of said Lot B, northeasterly along the arc of said curve, through a central angle of 10°17'02", a distance PAGE 1 OF 5 northeasterly along the arc of said curve, through a central angle of 10°17'02", a distance of 112.36 feet; thence, tangent to said curve, north 58°59'16" east 58.33 feet to a point on the easterly line of said Lot B (1 M7) thence, along said easterly line, south 0°38'18" west 82.19 feet to the Point of Beginning. Containing an area of 5,685 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS 27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: SAND s Licensed Land Surveyor ��5IWLC F`o Contra Costa County Public Works J �� Date: — ,/— Imo.599 RB:glo OF CAV g Aclerical\exhibits\brksd pr4.A&B February 17, 1995 PAGE 2OF5 Brookside Drive Realignment Road No. 0564D Stavig Family Limited Partners Parcels: 5A, 5B, 5C Dwg. RW0564D-94 EXHIBIT "A" PARCEL 5A: (FEE TAKE) Real property in an unincorporated area of Contra Costa County, California, being a portion of Parcel One B as described in the deed to Stavig Family Limited Partners recorded January 11, 1989 in Book 14825 of Official Records at page 677, records of said County, described as follows: Beginning at the northwest corner of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677); thence from the Point of Beginning, along the northeasterly line of said Parcel One B, south 66007'26" east 145.94 feet to a point from which a radial line of a non-tangent curve, concave to the southeast, having a radius of 526.00 feet bears south 15046'03" east; thence, leaving the northeasterly line of said Parcel One B, southwesterly along the arc of said curve, through a central angle of 15014'41", a distance of 139.95 feet; thence, tangent to said curve, south 58059'16" west 7.81 feet to a point on the westerly line of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677), thence, along said westerly line, north 0038'18" east 118.50 feet to the Point of Beginning. Containing an area of 7,441 square feet of land, more or less. PARCEL 513: (FEE TAKE) Real property in an unincorporated area of Contra Costa County, California, being a portion of Parcel One B as described in the deed to Stavig Family Limited Partners recorded January 11, 1989 in Book 14825 of Official Records at page 677, records of said County, described as follows: Commencing at the northwest corner of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677); thence along the westerly line of said Parcel One B, south 0.°38'18" west 118.50 feet to the Point of Beginning; thence from the Point of Beginning, leaving the westerly line of said Parcel One B, north 58059'16" east 7.81 feet; thence northeasterly along the arc of a tangent curve, concave to the southeast, having a radius of 526.00 feet, through a central angle of 15'14'41", a distance of 139.95 feet to a point on the northeasterly line of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677); thence, non-tangent to said curve, along said northeasterly line, south 66007'26" east 89.38 feet to a point from which a radial line of a non-tangent curve, concave to the southeast, having a radius of 474.00 feet bears south 7°25'08" east; thence leaving the northeasterly line of said Stavig Family Limited Partners Parcel One B, southwesterly along the arc of said curve, through a central angle of 23035'36", a distance of 195.18 feet; thence, tangent to said curve, south 58059'16" west 39.86 feet to a point on the westerly line of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677); thence, along said westerly line, north 0"38'18" east 61.08 feet to the Point of Beginning. Containing an area of 9,890 square feet of land, more or less. PAGE 3OF5 PARCEL 5C: (FEE TAKE) Real property in an unincorporated area of Contra Costa County, California, being a portion of Parcel One B as described in the deed to Stavig Family Limited Partners recorded January 11, 1989 in Book 14825 of Official Records at page 677, records of said County, described as follows: Beginning at the northeast comer of said Stavig Family Limited Partners Parcel One B (14825 0.R. 677); thence from the Point of Beginning, along the easterly line of said Parcel One B, south 5012'02" west 12.27 feet; thence, leaving the easterly line of Parcel One B, north 65047'38" west 176.30 feet; thence northwesterly along the arc of a tangent curve, concave to the southwest, having a radius of 474.00 feet, through a central angle of 10014'57', a distance of 84.79 feet to a point on the northwesterly boundary of said Stavig Family Limited Partners Parcel One B (14825 O.R. 677); thence non-tangent to said curve, along said northwesterly boundary of Parcel One B, north 0036'18" east 19.25 feet to a point on the northerly line of said Parcel One B; thence, along said northerly line south 66007'26" east 264.36 feet to the Point of Beginning. Containing an area of 3,091 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS 27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: _ W Licensed Land Surveyor Contra Costa County Public Works Eupp- Date: No.5M OFCAL�F���\Q- RB:glo g:\cledcal\exhibits\brksdpr5.abc February 17, 1995 PAGE 4OF5 Brookside Drive Realignment Road No. 0564D PARCEL 6 - General American Tank Corporation Dwg. RW-0564D-94 PARCEL 6: (Fee Take) A portion of Lot 199 as shown on the map entitled "Map of the San Pablo Rancho, Accompanying and Forming a Part of the Final Report of the Referees in Partition," filed March 1, 1894 in the office of the County Recorder of Contra Costa County, California, said portion being all of PARCEL ONE as described in the deed to General American Tank Corporation, recorded March 26, 1952 in Book 1910 of Official Records at page 416, described as follows: Beginning at the southerly right of way line of Brookside Drive (formerly Road No. 17 as shown on the map of San Pablo Rancho) at the northerly terminus of the course described as north 0°17'west 86.61 feet in said PARCEL ONE (1910 O.R. 416); thence from the Point of Beginning, along the easterly line of said PARCEL ONE, south 0°36'18" west (the grid bearing south 0°36'18"west being used for the purpose of this description) 86.61 feet; thence north 66007'26" west 426.49 feet to a point on the westerly line of said Lot 199; thence along said westerly line, north 0038'18" east 18.29 feet; thence leaving last said line, northerly, northeasterly, and southeasterly along the arc of a tangent curve concave to the southeast, having a radius of 45.00 feet, through a central angle of 113014'16", a distance of 88.94 feet to a point on the southerly right of way line of Brookside Drive, thence, along said southerly right of way line, south 66007'26" east 358.14 feet to the Point of Beginning. Containing an area of 32,858 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS 27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: �s�o ,ANo ZW Licensed Land Surveyor Contra Costa County Public Works Exp.f� Date: Id - lO ~ `j�- No.5999 OF CAOLia��`P JH:jlg g:\exhibits\ex:Brooksid.p6 9/29/94 PAGE 5OF5 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: March 20, 1995 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: Report Re: Brookside Drive Realignmen - Condemnation 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 North Richmond area for the construction of a road realignment project, and set March 28, 1995, 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 Proiect-The project involves the realignment of two existing curves (90 and 110 degrees) on Brookside Drive, from the SPRR, westerly for approximately 1,100 linear feet toward Third Street. The proposed project will increase the current pavement width/right-of-way section from 22 ft./40 ft. to a 32 ft./52 ft. road section. The 32 ft. pavement width includes two 12 ft. lanes and 4 ft. shoulders. The roadway is currently drained by earthen swells within the existing right-of-way. The proposed project includes the installation of an 18 to 24 inch pipe for road drainage along the estimated 1,100 foot alignment. Utility poles and overhead lines currently located along the roadway will be relocated. 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: General American Tank Corporation Pat Stall 2424 Fourth Street 714 Los Palos Drive Berkeley, CA 94710 Lafayette, CA 94549 Brookside Industrial Partnership IMACC Corporation c/o Kerry and Associates P.O. Box 8367 151 Callan Street, Suite 202 Emeryville, CA 94662 San Leandro, CA 94577 This notice consisted of sending by first-class and certified mail on March 13, 1995, a Notice of Intention which notified these owners that a hearing is scheduled for March 28, 1995, 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. The realignment of Brookside Drive will accommodate a 35 mph design speed and provide for increased sight distance. The improved roadway should provide better access to the Richmond Parkway which the Redevel- opment Agency is advocating to bring economic vitality to the North Richmond area. The road is designated as a two lane industrial collector in the North Richmond Area of Benefit and is included in the Capital Road Improvement Program. B. The proiect is planned and located in the manner that will be most compati- ble with the greatest public good and the least private iniury. In conjunction with an Environmental Impact Report prepared for the Richmond Redevelopment Plan, this project was planned with the intent to minimize impact to the property owners as a result of the findings from the environmental review. 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. lil. 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. RB:sd g:\rea1prop\forms\BDRCA3 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.