HomeMy WebLinkAboutMINUTES - 04041995 - H.A H.A
-- THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property RESOLUTION OF NECESSITY
for Storm Drain Purposes, in No. 95/161
4 connection with Bella Monte
Storm Drain Project, Bay (C.C.P. §§' 1245.230, 1240.610, 1240.510
5 Point Area
6 The Board of Supervisors of Contra Costa County, California, by vote of
two-thirds or more of its members, RESOLVES that:
8 Pursuant to Government Code section 25350.5 Contra Costa County
9 intends to construct a storm drain improvement project, a public improvement in the Bay
10 Point Area, and, in connection therewith, acquire interests in certain real property.
11 The property to be acquired consists of two parcels and is generally
12
located in the Bay Point area. The said property is more particularly described in
13 Appendix "A", attached hereto and incorporated herein by this reference.
14 On March 15, 1995, notice of the County's intention to adopt a resolution
15 of necessity for acquisition by eminent domain of the real property described in Appendix
16 "A" was sent to persons whose names appear on the last equalized County Assessment
17 Roll as owners of said property. The notice specified Tuesday, April 4, 1995 at 9:00 a.m.
18 in the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,
19 Martinez, California, as the time and place for the hearing thereon.
20 The hearing was held at that time and place, and all interested parties
21 were given an opportunity to be heard. Based upon the evidence presented to it, this
22 Board finds, determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project.
24 2. The proposed project is planned and located in the manner which will
25 be most compatible with the greatest public good and the least private injury.
26
3. The property described herein is necessary for the proposed project.
27 4. The offer required by and consistent with section 7267.2 of the
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1 Government Code, together with the accompanying statement of the amount established
2 as just compensation, was made to the owner or owners of record.
3 5. That insofar as any of the property described in this resolution has
4 heretofore been dedicated to the public use, the acquisition and use of such property by
5 Contra Costa County for the purposes described herein is for a more necessary public
6 use than the use to which the property has already been appropriated or a compatible
7 public use. This determination and finding is made and this resolution is adopted
8 pursuant to Code of Civil Procedure sections 1240.610 and 1240.510.
9 6. All conditions necessary to establish the right to take the property
to required for the storm drain improvement project has been complied with.
11 The County Counsel of this County is hereby AUTHORIZED and
12 EMPOWERED:
13 To acquire in the County's name, by condemnation, the property described
14 in Appendix "A", attached hereto and incorporated herein by this reference in accordance
15 with the provisions for eminent domain in the Code of Civil Procedure and the
16 Constitution of California:
17 Parcel 1 is to be acquired as a permanent drain storm easement. Parcel
18 1A is to be acquired as a temporary construction easement.
19 To prepare and prosecute in the County's name such proceedings in the
20 proper court as are necessary for such acquisition;
21 To,deposit the probable amount of compensation, based on an appraisal,
22 and to apply to said court for an order permitting the County to take immediate
23 possession and use said real property for said public uses and purposes.
24 PASSED and ADOPTED on April 4, 1995, by the following vote:
25 AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
26 NOES: None
27 ABSENT: None
28 2
Bay Point Redevelopment
Drainage Improvement
W.O. #9005
Drawing #M405
APPENDIX "A'
PARCEL 1: (Storm Drain Easemont)
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
parcel of land described in the deed to San Francisco-Sacramento Railroad Company recorded
January 27, 1922 in Volume 404 of Deeds at page 328, records of said County, said portion being
a 10.00 feet in width strip of land in the Southeast Quarter of Section 11, Township 2 North, Range
1 West, Mount Diablo Meridian, the center line of said strip is described as follows:
Commencing at the southwest corner of said San Francisco-Sacramento Railroad Company parcel
(404 D 328); thence, along the south line of said parcel, south 88058'40" east (the grid bearing south
8858'40" east being used for the purpose of this description) 490.35 feet to the Point of Beginning;
thence from the Point of Beginning, leaving the south line of said San Francisco-Sacramento
Railroad Company parcel, north 4252'19" west 700.25 feet to a point on the west line of said San
Francisco-Sacramento Railroad Company parcel, the terminus of said centerline of the 10.00 feet
in width strip of land.
The sidelines of said strip shall be lengthened or shortened to extend to the south line of the San
Francisco-Sacramento Railroad Company parcel and to the west line of said parcel.
Containing an area of 7,002 square feet of land, more or less.
PARCEL 1A: (Temporary construction easement to expire at the end of construction or December
31, 1995, whichever comes first).
A strip of land 25 feet in width, the south westerly line thereof being parallel with and 30 feet
southwesterly from the center line of Parcel 1.
The side lines of said strip shall be lengthened or shortened to extend to the south line of the San
Francisco-Sacramento Railroad Company parcel and to the west line of said parcel.
Containing an area of 16,639 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
1
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: o`AND sl,License Land Surveyor s�
u,E
Contra Costa Qounty Public Works
Exp. t- /-
Date: 2--2�!— �s_ No.. 5999
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2/28/95
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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 Contra Costa County, California, at a meeting of said Board on the date
4 indicated.
5 Dated: April 44, 1995
6 Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
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By:
9 Deputy
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21 Orig. Dept. Public Works Department
cc: Auditor-Controller
22 County Counsel (Certified Copy)
23 SLA:df
df14: storm-dn.ron
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 29, 1995
TO: Board of Supervisors
FROM: J. Walford, Public Works Director
SUBJECT: Report Re: Bella Monte Storm Drain - Condemnation
Bay Point 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 Bay Point area for the construction of the Bella
Monte Storm Drain, and set April 4, 1995, 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- Installation of approximately 620 linear feet of 48 inch and 740
linear feet of 30 inch diameter storm drain lines along Suisun Avenue, Union Pacific
Railroad right of way, and Bella Monte Avenue 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:
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179
This notice consisted of sending by first-class and certified mail on March 15, 1995, a
Notice of Intention which notified these owners that a hearing is scheduled for April 4,
1995, 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.
On March 2, 1995, an offer to purchase the required right of way for its full appraised value
was made to the owner.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
The project is part of an overall plan to improve the collection and
conveyance of storm drainage waters in the Bay Point area. This link
between Bella Monte Avenue and Suisun Avenue is important in that
facilities will be in place for upstream developers to tie their onsite and
offsite facilities into. Redevelopment funds are being used in connection with
this project.
B. The project is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private iniury.
The route selected is essentially the shortest distance between Bella Monte
Avenue and Suisun Avenue and generally follows the existing surface
drainage watercourse. The facilities will be underground, traverse vacant
land and should not interfere with the use of the railroad's right of way.
C. The property sought to be acquired is necessary for the project,
The Bay Point Redevelopment Drainage Improvement Easement Map'M405
identifies the right of way required for the project as do construction plans
prepared for the project by the County Public Works Department.
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:NHW:lo:glo
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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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BASIS OF BEARINGS
BEARINGS ARE BASED ON THE MONUMENT LINE OF WILLOW PASS ROAD AS SHOWN ON THE PRECISE
ALIGNMENT FOR WILLOW PASS ROAD PA-5181-61 ON FILE WITH THE CONTRA COSTA COUNTY PUBLIC
WORKS DEPARTMENT. THE BEARING S89'10'20'E BETWEEN FOUND MONUMENTS AT THE INTERSECTION
WITH CRIVELLO AVENUE AND MADISON AVENUE WAS TAKEN. BEARINGS ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE III(CCS27).
FOR.REDUCED PLANS + ^.
*4TY ORIGINAL SCALE 18 IN INCm3s BAY POINT REDEVELOPMENT.
MENT ° { 1 i DRAINAGE IMPROVEMENT ;
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