HomeMy WebLinkAboutMINUTES - 04161996 - D9 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3
4 Re: Condemnation of Property for Storm RESOLUTION OF NECESSITY
Drain Facility Alamo Area No. 96/ 182
511 (C.C.P. Sec. 1245.230)
6
7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
8 more of its members, RESOLVES THAT:
9 Pursuant to Government Code Section 25350.5, Contra Costa County intends to
10 construct a storm drain improvement project, a public improvement and, in connection
11 therewith, acquire certain interests in teal property.
12 The property to be acquired consists of nine (9) parcels and is generally located in the
13 Alamo area. The said property is more particularly described in Appendix "A", attached hereto
14 and incorporated herein by this reference.
15 On March 28, 1996, notice of the County's intention to adopt a resolution of necessity
16 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of
18 said property. The notice specified Tuesday, April 16, 1996 at 2:00 p.m. in the Board of
19 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
20 as the time and place for the hearing thereon.
21 . The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
23 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 most
26 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 the
1
D-9
1 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 rights of
4 way hereinafter described in and to said real property or interest(s)therein, in accordance with
5 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
6 California:
7 Parcels 1753.1 and 1754.1 are to be acquired as permanent drainage easements.
8 Parcel 1753B is to be acquired as a permanent access easement.
9 Parcels 1753T-1.2, 1753T-2.1, 1753T-4, 1753T-5, 1754T-1.1 and 1754T-2.2 are to be
10 acquired as temporary construction easements.
11 To prepare and prosecute in the County's name such proceedings in the proper court
12 as are necessary for such acquisition;
13 To deposit the probable amount of compensation, based on an appraisal, and to apply
14 to said court for an order permitting the County to take possession and use said real property
15 for said public uses and purposes.
16 PASSED and ADOPTED on April 16, 1996, by the following vote:
17 AYES: Supervisors Rogers, Bishop, deSaulnier, Torlakson, Smith
18 NOES: None
19 ABSENT: None
20 ABSTAIN: None
21
22
23
24
25
26
27
28
2
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 Board of supervisors of the
3 Contra Costa County, California, at a meeting of said Board on the date indicated above.
4 Dated: April 16, 1996
5 Phil Batchelor, Clerk of the Board of
6 Supervisors and County Administrator
7
By:
8 4e pu-
9
10
11
12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
15
16 H:\DFOTIIBRIEFS\SLA\STORM-RS.WPD
17
18
19
20
21
22
23
24
25
26
27
28
3
DA 76 - Miranda Creek
Bypass at Bunce Meadows Drive
PARCELS 1753.1, 1753T-1.2, 1753B,
1753T-2.1, 1753T-4 & 1753T- 5 Wickersham
Ptn. A.P.N. 192-310-018
DWG. ED-10190.3
APPENDIX "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of Parcel
"B" as shown on the map of Subdivision MS 129-76 filed June 28, 1977,. in Book 55 of Parcel Maps
at page 49, Records of said County, described as follows:
PARCEL 1753.1 (Permanent Drainage Easement)
Commencing at the northeast corner of said Parcel "B" (55 PM 49); thence, along the northerly line
of Parcel "B", south 67'05'25" west 9.51 feet to the Point of Beginning; thence, from the Point of
Beginning, leaving the northerly line of Parcel "B", south 11 002'35" east 59.99 feet; thence south
7053'52" east 16.06 feet; thence southerly along the arc of a tangent curve, concave to the west,
having a radius of 97.50 feet, through a central angle of 27007'27", a distance of 46.16 feet to a point
on the southeasterly line of said Parcel "B" (55 PM 49); thence, along said southeasterly line of Parcel
"B", non-tangent to said curve, south 45002'21"west 141.55 feet; thence, leaving last said line, south
56°57'28" west 82.71 feet to a point on the southwesterly line of said Parcel "B" (55 PM 49); thence,
along said southwesterly line of Parcel "B", north 88017'36" west 13.81 feet; thence, leaving last said
line, north 8.51 feet; thence north 56°5728" east 92.71 feet; thence north 50°39'18" east 85.11 feet;
thence, northeasterly and northerly along the arc of a tangent curve, concave to the northwest, having
a radius of 82.50 feet, through a central angle of 58033'10", a distance of 84.31 feet; thence, tangent
to said curve, north 7053'52" west 15.65 feet; thence north 11 002'35" west 56.43 feet to a point on
the northerly line of Parcel "B" (55 PM 49); thence, along said northerly line of Parcel "B", north
67005'25" east 15.33 feet to the Point of Beginning.
Containing an area of 4,377 square feet of land, more or less.
PARCEL 1753T-1.2: (Temporary Construction Easement to expire at the end of construction or
December 31, 1996, whichever comes first)"
Commencing at the northeast corner of said Parcel "B" (55 PM 49); thence along the northerly line
of Parcel "B", south 67005'25" west 28.00 feet to the Point of Beginning; thence, from the Point of
Beginning, continuing south 67005'25" west 27.00 feet; thence leaving said northerly line, south
11'46'50"east 98.71 feet; thence south 75°57'41"west 7.30 feet; thence south 22016'48" east 21.88
feet; thence south 68°11'29" west 20.86 feet; thence south 50"39'18" west 72.49 feet; thence south
23°16'39" east 11.36 feet; thence south 66037'33" west 48.40 feet; thence south 56057'25" west
45.58 feet; thence south 11.93 feet to a point on the general northerly boundary of PARCEL 1753.1
described above; thence, along the said general northerly boundary of PARCEL 1753.1, north
56°57'28"east 92.71 feet; thence north 50°39'18"east 85.11 feet; thence northeasterly and northerly
along the arc of a tangent curve, concave to the northwest, having a radius of 82.50 feet, through a
Page 1 of 5
central angle of 58033'10", a distance of 84.31 feet; thence north 7053'52" west 15.65 feet; thence
north 11 002'35"west 42.70 feet to a point from which a radial line of a non-tangent curve, concave
to the east, having a radius of 269.16 feet bears north 64013'44" east; thence, leaving the general
northerly boundary of PARCEL 1753.1, northerly along the arc of said curve, through a central angle
of 2051'41", a distance of 13.44 feet to the Point of Beginning.
Containing an area of 4,976 square feet of land, more or less.
PARCEL 1753B: (Permanent Access Easement)
Commencing at the most easterly corner of said PARCEL "B" (55 PM 49); thence, along the
southeasterly boundary of said Parcel "B", south 45°34'22" west 28.00 feet to a point on the
southwesterly line of the area shown as "Area Dedicated to Contra Costa County 7501 O.R. 62", on
said Parcel "B", said point shall hereinafter be referred to as Point"A", said point from which a radial
line of a non-tangent curve, concave to the northeast, having a radius of 269.16 feet bears north
45034'22" east; thence, along the said southwesterly line of the area shown as "Area Dedicated to
Contra Costa County 7501 O.R. 52", northwesterly along the arc of said curve, through a central
angle of 1054'42", a distance of 8.98 feet to the Point of Beginning; thence from the Point of
Beginning, continuing along the arc of said curve, through a central angle of 3°19'00", a distance of
15.58 feet to a point which shall hereinafter be referred to as Point "B"; thence leaving last said line,
south 64047'56" west 9.28 feet to a point from which a radial line of a non-tangent curve, concave
to the west, having a radius of 97.50 feet bears south 83006'33" west; thence southerly along the arc
of said curve, through a central angle of 9035'40", a distance of 16.33 feet; thence north 64047'56"
east 19.89 feet to Point "A", the Point of Beginning.
Containing an area of 214 square feet of land, more or less.
Parcel 1753T-2.1: (Temporary Construction Easement to expire at the end of construction or
December 31, 1996, whichever occurs first).
Beginning at said Point "B" as described in PARCEL 1753B above; thence, from the Point of
Beginning, south 64047'56"west 9.28 feet to a point from which a radial line of a non-tangent curve,
concave to the west, having a radius of 97.50 feet bears south 83°06'33"west; thence northerly along
the arc of said curve, through a central angle of 1 00025", a distance of 1.71 feet; thence, tangent to
said curve, north 7053'52" west 16.06 feet; thence north 11 °02'35" west 0.78 feet to a point from
which a radial line of a non-tangent curve, concave to the northeast having a radius of 269.16 feet
bears north 54°39'35" east; thence southeasterly along the arc of said curve, through a central angle
of 3051'31", a distance of 18.13 feet to Point "B", the Point of Beginning.
Containing an area of 80 square feet of land, more or less.
PARCEL 1753T-4: (Temporary Construction Easement to expire at the end of construction or
December 31; 1996, whichever occurs first).
Beginning at the most southerly corner of said Parcel "B" (55 PM 49); thence, from the Point of
Beginning, along the southeasterly line of said Parcel "B", north 45°02'21" east 64.81 feet; thence,
Page 2 of 5
leaving last said line, south 56057'28"west 82.71 feet to a point on the south line of said Parcel "B";
thence, along said south line of Parcel "B", south 88017'36"east 23.48 feet to the Point of Beginning.
Containing an area of 553 square feet of land, more or less.
PARCEL 1753T-5: (Temporary Construction Easement to expire at the end of construction or
December 31, 1996, whichever occurs first).
Beginning at said Point "A" as described in PARCEL 17536 above; thence from the Point of
Beginning, along the southeasterly line of said PARCEL "B" (55 PM49), south 45°02'21" west 41.69
feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a
radius of 97.50 feet bears north 70046'25" west; thence, northeasterly along the arc of said curve,
through a central angle of 16031'22", a distance of 28.12 feet; thence non-tangent to said curve, north
64047'56" east 19.89 feet to a point from which a radial line of a non-tangent curve, concave to the
northeast, having a radius of 269.16 feet bears north 47029'04" east; thence, southeasterly along the
arc of said curve, through a central angle of 1'54'42", a distance of 8.98 feet to Point "A", the Point
of Beginning.
Containing an area of 393 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor Tw sU,�
Contra Costa County Public Works v Q�
J
Date: E*
Na 5999
JH:jlg gyp, �Q
gAderica1\ex\:Wickers3.mcr OF
3/28/96
Page 3 of 5
DA 76- Miranda Creek
Bypass at Bunce Meadows Drive
PARCELS 1754.1, 1754T-1.1 & 1754T-2.2 -Bake
Ptn. A.P.N. 192-310-019
Dwg. ED-10190.2
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel "C" as shown on the map of Subdivision MS 129-76 filed June 28, 1977 in Book 55 of Parcel
Maps at page 49, Records of said County, described as follows:
PARCEL 1754.1: (Permanent Drainage Easement)
Commencing at the southwest corner of said Parcel"C" (55 PM 49); thence along the northwesterly
line of said Parcel "C", north 45002'21" east 64.81 feet to the Point of Beginning; thence, from the
Point of Beginning, continuing along the northwesterly line of Parcel "C", north 4500221" east
141.55 feet to a point from which a radial line of a non-tangent curve, concave to the northwest,
having a radius of 97.50 feet bears north 70046'25" west; thence leaving the northwesterly line of
said Parcel "C", southwesterly along the arc of said curve, through a central angle of 31 02547", a
distance of 53.48 feet; thence, tangent to said curve, south 50°39'18"west 85.93 feet; thence south
56057'28" west 4.12 feet to the Point of Beginning.
Containing an area of 804 square feet of land, more or less.
PARCEL 1754T-1.1: (Temporary Construction Easement to expire at the end of construction of
December 31, 1996, whichever occurs first)
Beginning at the southwest corner of said Parcel "C" (55 PM 49); thence, from the Point of
Beginning, along the northwesterly line of Parcel "C" north 45002'21" east 64.81 feet; thence,
leaving the northwesterly line of Parcel "C", north 56°57'28" east 4.12 feet; thence north 50039'18"
east 85.93 feet; thence northeasterly along the arc of a tangent curve, concave to the northwest,
having a radius of 97.50 feet, through a central angle of 31°25'47", a distance of 53.48 feet; thence;
non-tangent to said curve, south 44057'.39" east 14.13 feet; thence south 44058'24" west 78.96
feet; thence south 1 042'24"west 82.91 feet to a point on the southerly line of said PARCEL"C" (55
PM 49); thence, along said southerly line of Parcel"C", north 88°17'36"west 97.77 feet to the Point
of Beginning.
Containing an area of 5,275 square feet of land, more or less.
Parcel 1754T-2.2: (Temporary Construction Easement to expire at the end of construction or
December 31, 1996, whichever occurs first)
Beginning at the southeast corner of said Parcel "C" (55 PM 49); thence, from the Point of
Beginning, along the easterly line of said Parcel "C", north 2014'00" east 2.99 feet; thence, leaving
Page 4 of 5
last said line, north 150 49' 35' west 114.77 feet, said point from which a radial line of a no-9
tangent curve, concave to the north, having a radius of 269.16 feet bears north 11°29'17" west;
thence, westerly along the arc of said curve, through a central angle of 4017'08", a distance of
20.13 feet; thence non-tangent to said curve, south 15049'35" east 113.86 feet to a point on the
southerly line of said Parcel "C" (55 PM 49); thence, along said southerly line of Parcel "C", south
88017'36" east 20.00 feet to the Point of Beginning.
Containing an area of 2,314 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
1.Ali�sU,p .
Signature: IWE� ��
Licensed Land Surveyor
Contra Costa County Public Works Up. /Z
Date:
do 5949
JH:jlg
g:\clerical\exhibits\DA76Mir.Crk
3/4/96
Page 5 of 5
. D-1
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 10, 1996
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Miranda Creek Improveme Project
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 Alamo area for the construction of a storm drain
line for Miranda Creek, and set Tuesday, April 16, 1996, at 2:00 p.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 - This project consists of installing an 84 inch diameter storm
drain bypass pipe for Miranda Creek from the end of Bunce Meadows Drive to a
location approximately 700 feet downstream.
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:
Theodore Lincoln Bake James B. & P.J. Wickersham, TRE
113 Bunce Meadows Drive P.O. Box 1058
Alamo, CA 94507 Alamo, CA 94507
Ronald H. & Elizabeth A. Herron Perry H. & Nancy J. Solomon
1030 Ina Drive 125 Bunce Meadows
Alamo, CA 94507 Alamo, CA 94507
This notice consisted of sending by first-class and certified mail on March 28, 1996, a
Notice of Intention which notified these owners that a hearing is scheduled for Tuesday,
April 16, 1996, at 2:00 p.m. in the Board's Chambers, at which time they may appear to be
heard on the matters referred to in the notice.
1
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed proiect.
Miranda Creek, in the vicinity of the proposed project, has inadequate
capacity to convey the runoff from a ten-year storm event, resulting in a high
water surface in the creek near the end of Bunce Meadows Drive. This high
water surface impacts the capacity of the Stratmore storm drain system and
the capacity of Miranda Creek for approximately 300 feet upstream of the
proposed project, resulting in flooding at both locations.
The proposed project will reduce the flow in the creek at the end of Bunce
Meadows Drive by extending the Stratmore storm drain system to an outlet
in the creek approximately 700 feet downstream. This will lower the water
surface in the creek and thereby reduce the potential for flooding along the
Stratmore storm drain system and along Miranda Creek from the new outfall
location to a point approximately 300 feet upstream of the end of Bunce
Meadows Drive.
B. The proiect is planned and located in the manner that will be most
compatible with the greatest public good and the least private iniury.
The proposed storm drain alignment utilizes the existing dedicated roadway
corridor and parallels an existing sanitary sewer easement, then closely
follows the Bake/Wickersham property line and the Herron/Wickersham
property line until it rejoins the creek. The proposed alignment is a balance
of following existing easements and property lines as close as possible,
minimizing the loss of existing improvements and mature trees, while
maintaining minimum storm drain design standards. Extensive input from
neighboring property owners was obtained through several public meetings
and various alternatives were investigated, including a proposal to widen the
existing creek. It was found in comparing all alternatives that the proposed
storm drain alignment will result in the greatest public good with the least
private injury.
C. The property sought to be acquired is necessary for the proiect,
A 15 foot wide permanent easement is being acquired and is required for the
installation and future maintenance of the storm drain system. In addition,
it is necessary to acquire temporary construction easements in order to
provide adequate space for the contractor to construct the storm drain
system.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section 11 above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under 11 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:KML:glo
g:\realprop\temp\CO2OaMC.t4
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.