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HomeMy WebLinkAboutMINUTES - 03181997 - D2 0 ! D • �.� 1 THE BOARD OF SUPERVISORS { CONTRA COSTA COUNTY, CALIFORNIA 2 3 4 Re: Condemnation of Property for RESOLUTION OF NECESSITY Construction of a Recreational Trail No. 97/215 5 - Rodeo Area (C.C.P. Sec. 1245.230) 6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or 7 more of its members, RESOLVES THAT: 8 Pursuant to Government Code Section 25350.5, Contra Costa County intends to 9 construct a public improvement consisting of a recreation trail for bicycles, pedestrians and 10 related uses in the Rodeo area and make related improvements and, in connection therewith, 11 acquire certain interests in real property. 12 The property to be acquired consists of four(4) parcels and is generally located in the 13 Rodeo area. The said property is more particularly described in Appendix"A", attached hereto 14 and incorporated herein by this reference. 15 On February 20, 1997, notice of the County's intention to adopt a resolution of 16 necessity for acquisition by eminent domain of the real property described in Appendix"A"was 17 sent to persons whose names appear on the last equalized County Assessment Roll as 18 owners of said property. The notice specified Tuesday, March 18, 1997 at 1:45 p.m. in the 19 Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, 20 California, 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 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 1, 2, 3 and 4 are to be acquired as permanent easements. 8 To prepare and prosecute in the County's name such proceedings in the proper court 9 as are necessary for such acquisition; 10 To deposit the probable amount of compensation, based on an appraisal, and to apply 11 to said court for an order permitting the County to take possession and use said real property 12 for said public uses and purposes. 13 PASSED and ADOPTED on March 18, 1997, by the following vote: 14 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier 15 NOES: None 16 ABSENT: None 17 ABSTAIN: None 18 19 20 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: May 6, 1997 5 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 6 7J PC , • 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 HADFOTnBRIEFS\SLAIVIEW-PKRN 17 18 19 20 21 22 23 24 25 26 27 28 3 Rodeo Creek Trail Landscape and Irrigation Easement APPENDIX "A" Real property in an unincorporated area of Contra Costa County, California being a portion of Parcel"A" as shown on the map of Subdivision 4326 filed August 29, 1978, in Book 216 of Maps at page 39, and a portion of Parcels "B" and "C" as shown on the map of Subdivision 4325 filed April 25, 1973, in Book 156 of maps at page 29 records of said County, described as follows: PARCEL 1. (Permanent Easement) A strip of land 25 feet in width (measured at right angles and radially) lying northeasterly, easterly and northerly of the following described line: Beginning at the southwesterly terminus of the course north 49'4245" east 42.87 feet as shown ,on the easterly boundary of PARCEL 1 on said map of Subdivision 4325 (156 M 29), said point from which a radial line of a non-tangent curve concave to the southwest having a radius of 266.66 feet bears south 58007'36"west; thence, from the Point of Beginning, along said easterly boundary of PARCEL 1 (156 M 29), southerly along the arc of said curve, through a central angle of 19055'17", adistance of 92.72 feet; thence, tangent to said curve, south 11057'07" east 93.81 feet; thence southerly along the arc of a tangent curve, concave to the east, having a radius of 244.00 feet, through a central angle of 25*49'33", a distance of 109.98 feet; thence tangent to said curve, south 37046'40" east 777.91 feet; thence southerly and southeasterly along the arc of a tangent curve, concave to the northeast, having a radius of 244.00 feet, through a central angle of 47042'07", a distance of 203.14 feet to a reverse curve, concave to the southwest, having a radius of 356.00 feet; thence southeasterly along the arc of said curve, through a central angle of 29"18'18", a distance of 182.08 feet; thence tangent to said curve, south 56010'29"east 25.94 feet; thence south 63054'50" east 105.70 feet to a point on the northerly right of way line of Viewpointe Boulevard, the terminus of said 25 feet in width strip of land. The side lines of said 25 feet in width strip shall be lengthened or shortened to terminate on said northerly right of way line of Viewpointe Boulevard on the south and said course north 49042'45" east 42.87 feet on the north. Containing an area of 39,780 (0.91 acs.) square feet of land, more or lest. PARCEL 2 (Permanent Easement) A strip of land 25 feet in width (measured at right angles and radially) lying northeasterly and easterly of the following described line: Page 1 of 3 Beginning at a point on the southerly right of way line of Viewpointe Boulevard, said point being the northwesterly terminus of the course north 56*10'29"west 101.28 feet as shown on the easterly boundary of PARCEL 2 on said map of Subdivision 4325 (156 M 29); thence from the Point of Beginning, along said easterly boundary of PARCEL 2, south 56010'29" east 101.28 feet; thence southeasterly along the arc of a tangent curve, concave to the southwest, having a radius of 558.50 feet, through a central angle of 18*23'49", a distance of 179.33 feet; thdrice, tangent to said curve, South 37*46'40" east 10.00 feet; thence southeasterly along the arc of a tangent curve, concave to the.northeast, having a radius of 801.50 feet, through a central angle of 15027'40", a distance of 216.28 feet; thence, non-tangent to said curve, south 54022,47"east 125.78 feet; to a point from which a radial line of a non-tangent curve, concave to the southwest having a radius of 910.50 feet bears south 36045'40" west; thence southeasterly along the arc of said curve, through a central angle of 28056'15", a distance of 459.85 feet; thence tangent to said curve, south 24"18'05" east 100.00 feet;thence southeasterly along the arc of a tangent curve concave to the northeast, having a radius of 529.50 feet, through a central angle of 6046'51", a distance of 62.67 feet to the terminus of said 25 feet in width strip of land. The side lines of said 25 feet in width strip shall be lengthened or shortened to terminate on said southerly right of way line of Viewpointe Boulevard on the north and at the intersection with a line which bears north 60"00'00" east from the southerly terminus of said 25 feet in width strip of land on the south. Containing an area of 31,380 square feet (0.72 acs.) of land, more or less. PARCEL 3 (Permanent Easement) All of Parcel "K" as shown on said map of Subdivision.4325 filed April 25, 1973, in Book 156 of Maps at Page 29 records of said County. Containing an area of 11,940 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). Distances shown are ground, to obtain grid distances, multiply given distances by 0.9999311. This real property des ' ion has been prepared by me or under my direction, in conformance with the Professional La urveyors Act. ty SGgL �c�'`'���,.ST bC,�fycj09 Signature: Licensed Land Surveyor Vtra ta County Public Works C * t c0 ra ta Date: OF CAO� JH:jlg gAc1erica1\exhibit)sodeocr.ex 1/30/97 Page 2 of 3 Rodeo Creek Trail Landscape and Irrigation Easement PARCEL A (Permanent Easement) Real property in an unincorporated area of Contra Costa County, California, being all of that parcel of land described in the instrument to the Contra Costa County Flood Control and Water conservation District as Reservation "B" filed May 17, 1973, in Book 6947 of Official Records at Page 619 records of said County. Containing an area of 3,053 square feet of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land eyors Act. tAND S .StOCkiy Q Signature: . JV,Xicensed Land surveyor No699 A001*'r Contra C sta Ca my Public Works Date: OF C L\Fo RZ/BS:pe gAc1erica1\exhibits\RodeoCr.Ex A January 30, 1997 Page 3 of 3 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY ATE: March 11, 1997 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: Report Re: Condemnation Hearing, Mar 18, 1997 Rodeo Creek Trail Project, Rodeo 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 Rodeo area for the purpose of constructing a recreational trail for bicyclists and pedestrians, and set March 18, 1997 at 1:45 p.m. and thereafter 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-Contra Costa County is planning to construct and operate a recreational trail on a portion of the Contra Costa County Flood Control District's Rodeo Creek channel. This multi-use handicap-accessible trail will be approximately 2.5 miles long and extend from Mariner's Pointe Court in the Viewpoint subdivision north to Investment Street in the older section of Rodeo. The design includes conversion of the Flood Control District's existing access road into a paved trail, the planting of indigenous trees and shrubs, and the installation of site furnishings such as park benches and picnic tables. The County plans to construct this project during the summer of 1997. The trail will pass under the 1-80 Freeway and then cross from Willow Avenue via an existing pedestrian bridge which is owned by the View Park Homeowners Association to the easterly side of Rodeo Creek to follow the District's access road. The County wishes to acquire several easements from the Homeowners Association as shown on the attached Exhibit"A": (1) 25-foot-wide easements in the common area along the proposed trail to be used for planting areas and irrigation for native trees and shrubs; (2) an easement covering a small parcel between Willow Avenue and Rodeo Creek to install amenities such as landscaping, benches, picnic tables, signage and provide access to the pedestrian bridge; and (3) an easement across the bridge to make it part of the public trail. Contra Costa County, through the Real Property Division of the Public Works Department, has made an offer of just compensation to the owners of record for the rights required for this project. The offer was based on an appraisal of the fair market value of said property rights. Because of limitations in the bylaws of the View Park Homeowners Association, their legal counsel advises that their Board of Directors cannot convey the necessary property rights without the express permission of a majority of the 1,100+ members. In order to proceed 1 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: View Park Homeowners Association c/o Ed Cossart 1855 Gateway Boulevard, Suite 340 Concord, CA 94520 This notice consisted of personal delivery on February 20, 1997 to the office of Ed Cossart, the designated representative of the above property owners, a Notice of Intention which notified these owners that a hearing is scheduled for March 18, 1997 at 1:45 p.m. and thereafter 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. After the community submitted numerous petitions and letters to the Board of Supervisors, the Local Agency Formation Commission in 1988 approved Rodeo's bid to become a County Service Area to provide park and recreation facilities and services. In 1989, the newly appointed Citizens Advisory Committee (CAC) conducted a survey of the residents to ascertain the community's recreational priorities. Results of the survey indicated that the community's top two priorities were to make improvements to the waterfront and the Rodeo Creek corridor. In 1991, at the urging of the community, the Board voted to create a Landscaping/Lighting Assessment District to generate revenue for maintenance of Rodeo's recreational facilities. The community knew that without maintenance revenue, potential funding sources would not consider funding the Creek Trail Project. By 1994 the Service Area had accumulated park dedication fees and revenues from the EBRPD's AA Bond measure, which along with the Landscape/Lighting District were sufficient to hire a landscape architect to design the improvements envisioned along Rodeo Creek. B. The proiect is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. This project will transform a flood control access road into a scenic riparian corridor designed for use by pedestrians, bicyclists and handicapped users. Though walkers, joggers and bicyclists have used this starkly vegetated road for many years, formalizing the trail will improve safety and accessibility while also creating a lush riparian corridor that spans from one end of town to the other. The proposed trail begins at Investment Street in the older section of town where many seniors and lower income families reside; for this segment of the community, the trail furnishes a direct yet scenic route to the business center of town. The trail continues through the business/shopping center and then passes under the 1-80 freeway adjacent to the Caltrans Park & Ride facility and continuing through newest subdivision in town 2 0 where many younger families reside. The trail affords this segment of the population with the ability to connect to public school bus stops and commuter connections. Forestation of the Rodeo Creek Trail will (1) help mitigate the emissions of carbon monoxide and particulate matter coming from 1-80 Freeway; (2) provide the community with a wooded recreational trail along this 2.5 mile riparian corridor; (3) provide tree cover that will help encourage the return of wildlife and aquatic inhabitants to Rodeo Creek; (4) provide the local schools with ecological educational opportunities; (5) provide a direct link to the Caltrans Park and Ride facility; and (6) provide linkages away from busy surface streets to the main business/shopping area of town. C. The property sought to be acquired is necessary for the project, Roughly one-half of the proposed project is situated on this segment of the trail that begins east of the 1-80 Freeway. The use of a 25 foot wide strip of land running the length of the trail will allow for installation of an irrigation system and plantings of indigenous trees, shrubs and grasses to augment the existing vegetation. Use of the pedestrian bridge will serve to formalize an already existing public use, create a handicap access and relieve by half the Homeowners Association's maintenance cost burden. 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, whether the offer of compensation required by Section 72672.2 of the Government Code has been made, or on any other issue which they would like the Board to consider when deciding whether to adopt the proposed Resolution of Necessity, except for the issue of compensation. 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. NW:9pp g:\realprop\97-3\bdreprod.wpd 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. 3 r O tNf1t b � o Q v c Ct V W W J 'S O 113 11,, LL Z c J r, J 1 U < z Ll 21 LLJ 0 'd 4�N 0 In /� � G Q� x� M� am S:�J3N!�Jhl�l _ Coco N N, a w Ci 000 C14 cr "_i u;"` O d 10 83dIdONVS m N o, W Nin ti D O Qp C; f NP( z \ «$ NN U/ $rO 4) 0 O O r W - M GA-19 � 31N14dM31A � �» H ..I !r 0 C4 2 cS' o 0 U `� cod 0: ' I a v W zjp � om ��t Q 1 U f b U7 oN c Q dU� Na. M4It tL t4 ,2 --� + ! W U u W i V) W O o U Q Lt ! e ANN 0 CL O rycr- ti mM \ �G 4Nti IP w Q V \..,J �� Ci L N A A2'45'W 152.0 ' 0- Q Z (� A p to t I i- ! oCO rN� C I ttt O C) N � � NaNcO V I I Jill In cn Q' N L1 o W N 1 1 m CC a4It �0. w N ( 1 M co o U-)N Gov p a Q It L S58' _ _ `T 07'36"W (R) Q? Z �� i z MN'i� p.. � o 7 a y LD Nam" i z a RAuest to Speak form G ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: S Ti'P R A W i C -T P-A y ES, ESQ *hone: f 3 $ - 2 0,70 dress: 3 a O s-t©Nr V A U EY RD. `L Cdr. OA 1 am speaking for myself.or organization: VI F w PA R k YOA Oww of or5ndatw CHK;K ONE: on Agen I wish t0 speak da Item # p" Date: 3 9 7 My conmments will be: general— E6LWWnA--..- I wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: Rcluest to Speak go" ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rosbum before addressing the Board. Nun: Eo Co475-ART ffS OC/IgT/0/II /171GyQ 6 7- IgSS Address: ►gS5 Gah we A t vd City: Con Iwd I am speaking for myself_ or organization: V l Pw PAt k 140A *mow of � CHECK ONE , k_ 1 wish to speak on Agenda Item # - Date: i� My collul is will be: general for_4,,a - 1 wish to speak on the subject of - _ t do not wish to speak but leave these comments for the Board to consider: Rejuest to Speak form � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakeW nostrum before addressing the Board. Name: , D�w lLon43ov !'han�e: 510 " 99 9-Z Z 1 /— / 1-n L ,9Kc Avc- . 1200c 6 1 am speaking for nnr Wf.or organization: K 10 owns Of oraantsa#�onJ CHEQC ONE: I wish to speak on Agenda Item #.L. My ents will be Ben" Dw nst-- .__- 1 wish to speak on the piled of I & not wish to *a& but leave tlsae muss nts for the Board to consider. Request to Speak Porm � �r �1/) THREE MINUTE LIMIT) Clete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: % &4N<:�..P-- 1I. 1' ,0�2���phone; 5,1 D 77`7- t am speaking for myself,_„or organization:_ fid- 10 came of aeration) OUCK ONE: I wish to speak an Agenda Ilan My co rus will be: general ,_,,fa�r�r _._.�.._.• I wish to speak an the sub% ject ofLLea � � t & not wish to speak but kaw these etnnrntecrts for the Bawd to co wider D. 2 from close of hearing: Supervisor Uilkema: Speaking for myself, I would like to say that I have -an office in Rodeo as you know and one of the things that we have been doing is having a series of community meetings . This trail has consistently come back as being one of the most important amenities to the community of Rodeo. One of my first concerns about it was the issue of the condemnation. And that part I didn' t care for at all until I realized the situation and that is in view of the CC&R' s in Viewpark. It would be essentially impossible for them to allow either a dedication of their land or change of their land use and even though the turn out was very positive, when the polling was done, the fact is it didn' t quite get to that threshhold even because there were not enough responses even though in fact it was indicated even by the Board that it was a very desired project . So, I'm going to support this project and urge you to do so and ifthere are other questions, be very glad to try to answer them. Supervisor Rogers : Second. Supervisor DeSaulnier: That was a motion? Supervisor Uilkeman: Yes, it was good. Supervisor DeSaulnier: Any other discussion. Good job. All those in favor. Opposed. None (5-0) Supervisor Uilkema: Congratulations, we' ll have a trail opening Friday.