HomeMy WebLinkAboutMINUTES - 05071996 - SD2 1 THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF
2 CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
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5 Re: Condemnation of Property for Flood RESOLUTION OF NECESSITY
Control Purposes Drainage Area 10 No. 96/ 227
6 Line G Improvements - Danville (C.C.P. Sec. 1245.230)
Area
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8 The Board of Supervisors of Contra Costa County, California, as ex -officio governing
9 body of the Contra Costa County Flood Control and Water Conservation District, by vote of
10 two-thirds or more of its members, RESOLVES THAT:
11 West's Water Code Appendix Section 63-5 and Deerings Water Code, Uncodified Acts,
12 Act 1656, Section 5, Contra Costa County Flood Control and Water Conservation District
13 needs to acquire certain interests in real property for the construction of a culvert replacement
14 project and related improvements in connection therewith.
15 The property to be acquired consists of two (2) parcels and is generally located in the
16 Danville area. The said property is more particularly described in Appendix "A", attached
17 hereto and incorporated herein by this reference.
18 On April 15, 1996, notice of the District's intention to adopt a resolution of necessity for
19 acquisition by eminent domain of the real property described in Appendix "A" was sent to
20 persons whose names appear on the last equalized County Assessment Roll as owners of
21 said property. The notice specified Tuesday, May 7, 1996 at 9:45 a.m. in the Board of
22 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
23 as the time and place for the hearing thereon.
24 The hearing was held at that time and place, and all interested parties were given an
25 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
26 determines and hereby declares the following:
27 1. The public interest and necessity require the proposed project; and
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1 2. The proposed project is planned and located in the manner which will be most
2 compatible with the greatest public good and the least private injury; and
3 3. The property described herein is necessary for the proposed project; and
4 4. The offer required by Section 7267.2 of the Government Code was made to the
5 owner or owners of record.
6 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
7 To acquire in the District's name, by condemnation, the titles, easements and rights of
8 way hereinafter described in and to said real property or interest(s) therein, in accordance with
9 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
10 California:
11 Parcel 1745.1 is to be acquired as a permanent drainage easement.
12 Parcel 1745.1T is to be acquired as a temporary construction easement.
13 To prepare and prosecute in the District's name such proceedings in the proper court
14 as are necessary for such acquisition;
15 To deposit the probable amount of compensation, based on an appraisal, and to apply
16 to said court for an order permitting the District to take possession and use said real property
17 for said public uses and purposes.
18 PASSED and ADOPTED on May 7, 1996, by the following vote:
19 AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
20 NOES: None', ---
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one'"'-
21 ABSENT: None
22 ABSTAIN:None
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I I 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: May 7, 1996
5 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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By:
8 Deputy
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12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
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DWI
Drainage Area 10 - Line G
Culvert Replacement at Rutherford Creek
vic. Danville Blvd. and EI Portal
PARCEL 1745.1 - Foord
Ptn. APN 201-160-053
Dwg. EB-10146.1
APPENDIX "A"
PARCEL 1745.1: (Permanent Easement)
Real property in the City of Danville, Contra Costa County, California, being a portion of Lot 10, Subdivision
5750, filed July 11, 1983 in Book 271 of Maps at page 50, records of said County, described as follows:
Beginning at the north corner of said Lot 10 (271 M 50) on a curve concave to the southwest having a radius
of 1,962.00 feet to which a radial bears north 46°42'28" east; thence from the Point of Beginning, along the
northeast line of said Lot 10, being the arc of said curve, southeasterly 23.95 feet, through a central angle of
0041'58'; thence leaving said northeast line, non-tangent to said curve, south 48015'00" west 65.60 feet;
thence north 45°25'34" west 19.73 feet, to the northwest line of said Lot 10 (271 M 50); thence along said
northwest line, north 44034'26" east 66.50 feet, to the Point of Beginning.
Containing an area of 1,442 square feet (0.0331 acre) 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:
Licensed Land Surveyor S�,o D�qr
Contra Costa County Public Works J� IWE oQ
Exp.
Date: 12—/2— Z0No.- `J S 5999
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12/20/95
PAGE 1 OF 2
Drainage Area 10 - Line G
Culvert Replacement at Rutherford Creek
vic. Danville Blvd. and EI Portal
PARCELS 1745.1 and 1745.1T- Foord
Ptn. APN 201-160-053
Dwg. EB-10146.1
PARCEL 1745.1 T: (Temporary Construction Easement beginning July 1, 1994
and expiring December 31, 1994)
Beginning on the northeast line of said Lot 10 (271 M 50) at Point "A" described in PARCEL 1745 of this
document, being on a curve concave to the southwest having a radius of 1,962.00 feet to which a radial bears
north 47024'26"east; thence from the Point of Beginning, along the arc of said curve, southeasterly 5.33 feet,
through a central angle of 0009'20'; thence leaving said northeast line, non-tangent to said curve, south
48°15'00"west 22.11 feet; thence north 87°30'00"west 7.64 feet to the southeast line of PARCEL 1745.1
described in this document; thence along said southeast line, north 48015'00" east 27.51 feet, to the Point of
Beginning.
Containing an area of 132 square feet(0.0030 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS 27).
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12/15/95
(rev May 20, 1996)
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 29, 1996
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Eminent Domain Hearing, 5/7/ @ 9:45 a.m.
Drainage Area 10 Line G Improvements
Rutherford Creek & Danville Blvd - Danville 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 Danville area for the construction of a culvert
replacement project, and set May 7, 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
This project was constructed in the summer of 1994. The activity consisted of
replacing the twin 48-inch culverts on Rutherford Creek under Danville Boulevard
with a 96-inch diameter culvert. Upstream of the culvert an approximately 15-foot
by 15-foot by 18-foot high drop inlet structure was constructed. An approximately
18-foot by 20-foot by 13-foot high concrete outlet structure was constructed
downstream of the culvert. A 4-foot high cyclone fence was installed on top of the
box structures for safety purposes.
In order 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:
Susan Ellen May Foord
10 Fairmayden Lane
Danville; CA 94526
This notice consisted of sending by first-class and certified mail on April 15, 1996, a Notice
of Intention which notified these owners that a hearing is scheduled for May 7, 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.
Page 1 of 2
,- II. Scope of Hearinq Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed proiect.
The existing 48" culverts were put into use more than 50 years ago. At the
time of the project, the pipes had outlived their useful life as evidenced by
their condition. Additionally, the pipes trapped debris and were undersized
for the run-off which is generated by the development which occurred in the
past 50 years.
The project was needed as it allows the majority of the debris to flow
through, unobstructed, due to the size of the new pipe. The project
eliminated the potential of failure of the system due to structural damage.
The project allows the design flows, in fact up to the 100 year storm (980
cfs), to pass this point, reducing the potential of flooding and erosion of
adjacent properties and possible failure of the Danville Boulevard embank-
ment.
B. The proiect is planned and located in the manner that will be most com-
patible with the greatest public good and the least private injury.
The culvert improvement has been placed in a location to cause the least
practicable impact on adjoining properties. All lands taken lie below the top
of bank of the creek and have been minimized in size to reduce the need for
private property while maintaining good engineering practice.
C. The property sought to be acquired is necessary for the proiect,
The property rights required for the project are permanent drainage
easements and temporary construction easements as shown on right of way
maps prepared for the project by the Contra Costa County Public Works
Department. (EB-10146) The permanent easements will encompass the
facilities to be constructed; the temporary rights will allow the necessary
work area to complete the improvements.
D. The offer of compensation required by Section 7267.2 of the Government
Code was made to the owners of record on December 27, 1995.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the four
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:PS:glo
g:\realprop\temp\CO20DAl OM
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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