HomeMy WebLinkAboutMINUTES - 06271995 - SD2 Contra
TO: REDEVELOPMENT AGENCY Costa�',(�
FROM: Phil Batchelor r C U;, s
County
Executive Director
DATE: June 27, 1995
SUBJECT: Canal Road Assemblage -Bay Point Redevelopment Project
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
As relates to APN 097-270-022 (Raymond K. Grenier/Susan E. Grenier (Meindersee), owners; site
shown on Exhibit A):
• FIND and DETERNIlNE that:
A. The public interest and necessity require the proposed project;
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;
C. The properties sought to be acquired are necessary for the project; d
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
_RECOMMENDATION OF EXECUTIVE DIRECTOR 70MMEN TION OF AG CY
COMMITTEE _APPROVE _OTHER
SIGNATURE(S):
ACTION
OF AGENCY ON a7 APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
Contact: Jim Kennedy
646-4076 ATTESTED A 7, 19 9 5
cc: Community Development PHIL BATCHELOR
County Administrator AGENCY SECRETARY
County Counsel
Auditor-Controller
Public Works :Real Property -
Board Clerk BY ,DEPUTY
Redevelopment Agency
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D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
• DIRECT the Board Clerk to file a copy of this report.
FISCAL IMPACT
None. No General Funds are involved. Bay Point Redevelopment Agency funds have been budgeted
for this acquisition.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Pursuant to procedure approved by Board Order dated November 1, 1988, the Deputy Director of
the Contra Costa Redevelopment Agency sent to property owners a Notice of Intention to Adopt a
Resolution of Necessity for acquisition by eminent domain of real property in the Bay Point
Redevelopment Project Area. The Notices set June 27, 1995 at 9:45 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 Agency's information
and consideration prior to taking action upon said hearing.
I. PLANNING CONSIDERATIONS
As part of the Bailey Road interchange improvements, Canal Road in the Bay Point area was
realigned. Three properties that formerly fronted on Amerson Avenue now front on realigned
Canal Road. These three properties were not necessary for the Bailey Road interchange
project. The properties are no longer appropriate for residential use and do represent an
opportunity for future economic development activity. A General Plan Amendment from
Multiple Family Medium Density to Commercial has been recommended by the East County
Regional Planning Commission and will be before your Board in the near future.
II. PROPERTY ASSEMBLAGE
On August 16, 1994 the Board of Supervisors conducted a hearing on the proposed General
Plan Amendment, and a related development application (Cheaper Store, 3009-RZ, FDP
3012-93). The Board referred the General Plan and related applications back to the East
County Regional Planning Commission for further review. The Board also directed the
Redevelopment Agency staff to initiate acquisition procedures for the three parcels that
formerly fronted on Amerson Avenue but were not needed for the Bailey Road interchange,
or by Cheaper Store. The three properties were AP #097-270-018 and 021 (Howard), and
AP #097-270-022 (Grenier/Meindersee). The Agency has successfully negotiated the
acquisition of the Howard properties.
In order to proceed with the project, it is necessary for the Redevelopment Agency to
exercise its power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedures, notice was given to the following persons whose names and address appear on
the last equalized County Assessment Roll:
AP #097-270-022
Raymond K. Grenier
Susan E. Grenier(Meindersee)
235 Amerson Avenue
Bay Point CA 94565
The notice consisted of sending first class and certified mail on June 7, 1995 a Notice of
Intention which notified the owners that a hearing is scheduled for Tuesday, June 27, 1995,
at 9:45 a.m. in the Board Chambers, at which time they may appear to be heard on the
matters referred to in the notice.
III. SCOPE OF HEARING PER C.C.P. SECTION 1245.235
A. Public Interest and Necessity Require the Project
Projects which would involve the Redevelopment Agency facilitating, through the
acquisition and assemblage of properties, commercial development are consistent with
the goals and objectives of the Bay Point (former West Pittsburg) Redevelopment
Plan, which was adopted by Ordinance 87-102 on December 29, 1987.
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
An EIR was prepared for use in considering the adoption of the above referenced
1987 Bay Point (formerly West Pittsburg) Redevelopment Plan. The EIR was
certified by the Redevelopment Agency in December, 1987.
The project is consistent with the current and proposed General Plan for this area, and
would implement their purpose. The property is no longer a suitable residential site.
C. The Property Sought to be Acquired is Necessary for the Project
The subject property is necessary for an efficient utilization of the subject and adjacent
sites.
D. The Offer of Compensation Reai iri ed by Section 7267.2 of the Government Code Has
Been Made to the Owners of Record
Offers pursuant to Government Code Section 7267.2 have been made prior to the
hearing of June 27, 1995.
IV. RECOMMENDED ACTION
A. Board to ask if any notified property owners wish to be heard as to the four items
specified in Section III above.
B. Upon completion and closing of the hearing, it is recommended that the Agency
Board adopt the Resolution of Necessity to acquire the required property by eminent
domain and direct the Board Clerk to file a copy of this report and make the findings
and recommendations stated in the Recommendations section and listed under III. A,
B, C and D above and adopt a Resolution of Necessity.
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ASSESSOI
M..; BOOK 97
�`s.._..y' .'.- ... : - }:M CONTRA COSTA
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1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2
3 Re: Condemnation of Property for RESOLUTION OF NECESSITY
4 Redevelopment Purposes in the NO. RA 95-6
Bay Point Redevelopment Project (C.C.P. Sec. 1245.230)
5 Area
6
7 The Board of Supervisors as governing body of the Contra Costa County
8 Redevelopment Agency, by vote of two-thirds or more of its members, RESOLVES THAT:
9 Pursuant to Health and Safety Code Sections 33342 and 33391, the Contra .Costa
10 County Redevelopment Agency intends to acquire certain real property for redevelopment
11 purposes, to wit, the clearance and elimination of blight, including the construction of future
12 commercial development and related improvements, within the Bay Point (formerly West
13 Pittsburg) Redevelopment Project Area. The Board of Supervisors as governing body of
14 Contra Costa County and of the Redevelopment Agency has heretofore given approval to the
15 Redevelopment Plan for the Bay Point (formerly West Pittsburg) Redevelopment Project area.
16 The acquisition of the land and property hereinafter described is necessary for development
17 purposes as part of the Redevelopment Plan.
18 The property to be acquired consists of one (1) parcel and is generally located in the
19 Bay Point area. The said property is more particularly described in Appendix "A," attached
20 hereto and incorporated herein by this reference.
21 On June 7, 1995, notice of the Agency's intention to adopt a resolution of necessity for
22 acquisition by eminent domain of the real property described in Appendix "A" was sent to
23 persons whose names appear on the last equalized County Assessment Roll as owners of
24 said property. The notice specified Tuesday, June 27, 1995 at 9:45 a.m. in the Board of
25 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
26 as the time and place for the hearing thereon.
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1 The hearing was held at that time and place, and all interested parties were given an
2 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
3 determines and hereby declares the following:
4 1. The public interest and necessity require the proposed project; and
5 2. The proposed project is planned and located in the manner which will be most
6 compatible with the greatest public good and the least private injury; and
7 3. The property described herein is necessary for the proposed project; and
8 4. The offer required by Section 7267.2 of the Government Code was made to the
9 owner or owners of record.
10 The County Counsel of this County is and any counsel associate by him hereby
11 AUTHORIZED and EMPOWERED:
12 To acquire in the Agency's name, by condemnation, the titles, easements and rights
13 of way hereinafter described in and to said real property or interest(s) therein, in accordance
14 with the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
15 California:
16 Parcel One is to be acquired in fee title.
17 To prepare and prosecute in the Agency's name such proceedings in the proper court
18 as are necessary for such acquisition;
19 To deposit the probable amount of compensation, based on an appraisal, and to apply
20 to said court for an order permitting the Agency to take possession and use said real property
21 for said public uses and purposes.
22 PASSED and ADOPTED on June 27, 1995, by the following vote:
23 AYES: Commissioners Rogers, Smith, DeSaulnier, Torlakson, Bishop
24 NOES: None
25 ABSENT: None
26 ABSTAIN: None
27
28 ///
1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two-thirds or more of the Contra Costa County
3 Redevelopment Agency at a meeting of said Board on the date indicated above.
4
5 Dated: Q , _ 71-1 9 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
6
7
By:
8 Deputy
9
10
11 cc: Redevelopment Agency
Public Works Department
12 Real Property Division
Auditor-Controller
13 County Counsel (certified copy)
County Administrator
14
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df15: AABAY-PT.RON
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Contra Costa County
Redevelopment Agency
Bay Point-Can Road Assemblage
APN: 097-270-022
"APPENDIX All
PARCEL ONE: FEE TITLE
Portion of the southwest 1/4 of the northwest 1/4, being a portion of Lot 6, Section 14, Township 2
north, Range 1 west, Mt. Diablo Base and Meridian, County of Contra Costa, State of California,
described as follows:
Beginning on the east line of the parcel of land described as Parcel One in the Deed to Jose M.
Garcia, et ux, recorded May 13, 1949, Book 1387, Official Records, page 208, at the south line of
the parcel of land described as Parcel One in the Deed to C. Clinton Perry, et ux, recorded
August 18, 1950, Book 1617, Official Records, page 548; thence from said Point of Beginning
south 00 42'east, along said east line, 50 feet to the south line of said Garcia parcel; thence south 890
46' west, along said south line,. 110 feet to the west line of said Garcia parcel; thence north 0° 42'
west, along said west line, 50 feet to the south line of said Perry parcel; thence north 89° 46' east,
along said south line, 110 feet to the Point of Beginning.
Right of way granted in the Deed to H. Leatherwood, et ux, recorded September 28, 1950,
Book 1641, Official Records, page 107, as follows:
A non-exclusive right of way as an appurtenance to the parcel of land described herein for use as a
roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil
and sewer pipe lines, and for telephone, electric light and power lines together with the necessary
poles or underground conduits to carry said lines over, along an across a strip of land 40.00 feet wide
lying north of and adjacent to the following described line:
Beginning at the northwest corner of the land described in the hereinbefore mentioned Deed to Jose
M. Garcia; thence along the northerly boundary of the land to Garcia and the easterly extension
thereof, north 89° 46' east 268.17 feet to a point in the westerly boundary of Bailey Road.
The right of way granted in the Deed to H. Leatherwood, et ux, recorded September 28, 1950, Book
1641, Official Records, page 107, as follows:
A non-exclusive right of way for road and for water, gas, and sewer pipe lines and for poles and lines
for conveyance of electric power and telephone service over, across and along a strip of land 20.00
feet wide lying on the easterly side of and adjacent to the following described line:
Beginning at the northwest corner of the parcel of land described herein and in the westerly boundary
of the land described in the hereinbefore mentioned deed to Jose M. Garcia; thence along the said
boundary north 0° 42' west 350.00 feet to the northwest corner of the land of Garcia.
KAM:&
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REV. 7-5-95