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HomeMy WebLinkAboutMINUTES - 04231996 - SD6 D. � 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 4 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY Road and Signal Installation No. 96/ 206 5 Purposes: Hwy 4 at Vintage (C.C.P. Sec. 1245.230) Parkway - Oakley Area 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 and Streets and Highways Code 10 Section 943, Contra Costa County intends to construct a pedestrian ramp, a public 11 improvement, as part of the project to improve the intersection of Highway 4 and Vintage 12 Parkway in the Oakley area and make related improvements and, in connection therewith, 13 acquire certain interests in real property. 14 The property to be acquired consists of one (1) parcel and is generally located in the 15 Oakley area. The said property is more particularly described in Appendix "A", attached 16 hereto and incorporated herein by this reference. 17 On April 8, 1996, notice of the County's intention to adopt a resolution of necessity for 18 acquisition by eminent domain of the real property described in Appendix "A" was sent to 19 persons whose names appear on the last equalized County Assessment Roll as owners of 20 said property. The notice specified Tuesday, April 23, 1996 at 2:00 p.m. in the Board of 21 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California, 22 as the time and place for the hearing thereon. 23 The hearing was held at that time and place, and all interested parties were given an 24 opportunity to be heard. Based upon the evidence presented to it, this Board finds, 25 determines and hereby declares the following: 26 1. The public interest and necessity require the proposed project; and 27 2. The proposed project is planned and located in the manner which will be most 28 1 SD. b 1 compatible with the greatest public good and the least private injury; and 2 3. The property described herein is necessary for the proposed project; and 3 4. The offer required by Section 7267.2 of the Government Code was made to the 4 owner or owners of record. 5 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 6 To acquire in the County's name, by condemnation, the titles, easements and rights of 7 way hereinafter described in and to said real property or interest(s)therein, in accordance with 8 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of 9 California: 10 Parcel 53111-1 is to be acquired in fee title. 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 23, 1996, by the following vote: 17 AYES: Supervisors Rogers, Bishop, Torlakson, Smith 18 NOES: None 19 ABSENT: Supervisor DeSaulnier 20 ABSTAIN: None 21 22 23 24 25 26 27 28 2 SD b 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 23, 1996 5 Phil Batchelor, Clerk of the Board of 6 Supervisors and County Administrator 7 By: 8 Deputy 9 10 11 12 cc: Public Works Department Real Property Division 13 Auditor-Controller County Counsel (certified copy) 14 County Administrator 15 16 H:\DFOTI\BRIEFS\SLA\SIGNL-RS.WPD 17 18 19 20 21 22 23 24 25 26 27 28 3 Speakto Re uest Formq � ( THREE (3) Nil N UTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressing the Board. Name: s !Bone: 1 am speaking for-Mywf_�,�or • inrof orpnEsatioN CH NE I wish to Weak on Agenda Item # - Oat My 1 wish to mon will be: general �ior. ainst _ 1 do not wish to speak but leave these ronunents for the Board to eondder: stx e State Highway 4 Vicinity of Vintage Parkway Drawing A-X1121.4 Rodrigues APPENDIX "A" PARCEL NUMBER 53111-1: (Fee Title) Real property in an unincorporated area of Contra Costa County, California, being a portion of the southeast one-quarter of Section 23, Township 2 North, Range 2 East, Mount Diablo Meridian, being a portion of "PARCEL ONE" conveyed to Cecilia Miguel Rodrigues by the Order of Distribution recorded July 23, 1981, in Book 10419 of Official Records at page 281, records of said County, described as follows: Commencing at the southwest corner of PARCEL ONE as described in the instrument, No. 306985, Final Order in Condemnation, in favor of the County of Contra Costa, recorded August 27, 1993 at Series No. 93-231307, records of said County; thence along the boundary of said PARCEL ONE (93-231307) north 005258" east 16.00 feet; thence north 87051"42" east 166.11 feet to the Point of Beginning; thence, from the Point of Beginning, continuing along the boundary of said PARCEL ONE, north 87051'42" east 5.17 feet; thence easterly, northeasterly, and northerly along the arc of a tangent curve, concave to the northwest, having a radius of 20.00 feet, through a central angle of 86058'44", a distance of 30.36 feet; thence tangent to said curve, north 0052'58" east 4.14 feet; thence, leaving the boundary of said PARCEL ONE (93-231307), south 45033'24" west 34.29 feet to the Point of Beginning. Containing an area of 203 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (CCS27). To obtain ground distances, multiply given distances by 1.00006296. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. WMD Signature: �S�,o � q�F` Licensed Land SurveyorIrw . Contra Costa County Public Works Exo. L Date: No.5999 JH:sd g:\cierical\exhibits\Vintagel.P6 4/24/96 1 !a>. 6V PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: April 17, 1996 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Directoeana SUBJECT: Report Re: State Hwy 41Vintage Parkway Project - Oakley 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 Oakley area for the construction of the Vintage Parkway signal, and set Tuesday, April 23, 1996, 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 Board's information and consideration prior to taking action upon said hearing. I. Proposed Proiect-The project consists of the installation of a traffic signal and widening of State Hwy 4 at the Vintage Parkway intersection. The signal will include a left turn pocket on eastbound 4 and widening the roadway from its current width of 48' to approximately 84' at the intersection. 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: Cecilia Miguel Rodrigues Route 3 Box 1 3050 Main Street Oakley, CA 94561 This notice consisted of sending by first-class and certified mail on April 8, 1996, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday, April 23, 1996, at 9:45 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 project. The existing roadway is a two-lane facillity with areas of existing widening constructed by past development. The intersections at Teakwood Drive and Vintage Parkway are controlled by stop signs allowing turning movements only as Highway 4 traffic permits. r S�. (40 • The proposed project will provide four lines of traffic with a raised median and drainage improvements. Traffic signals will be installed at Teakwood Drive and Vintage Parkway that will allow safe access onto Highway 4 from neighboring subdivisions. 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. The project has been designed to minimize the impacts to abutting properties by conforming to the existing roadway centerline, widening symmetrically on the north and south side, and conforming to the General Plan. The project plans and specs are in conformance with Caltrans and Public Works standards. As part of Caltrans standards, pedestrian ramps are required on the corners of the newly signalized intersections. C. The property sought to be acquired is necessary for the project, The partial fee area to be acquired is the minimum necessary for construction and future maintenance of a pedestrian ramp facility. The area is shown on the right of way drawings for the project, on file at the 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:KML:glo g:\realprop\temp\CO20aCMR.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.