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HomeMy WebLinkAboutMINUTES - 05131997 - SD5 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property for Flood RESOLUTION OF NECESSITY 4 Control Purposes D.A. 57 Spillway No. 97/ 299 Martinez, Area (C.C.P. Sec. 1245.230) 5 6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more of 7 its members, RESOLVES THAT: 8 Pursuant to Government Code section 25350.5 Contra Costa County intends to construct a flood 9 control and drainage facility, a public improvement, in the Martinez area and make related 10 improvements and, in connection therewith, acquire certain interests in real property. 11 The property to be acquired consists of one (1)parcel and is generally located in the Martinez 12 area. The said property is more particularly described in Appendix "A", attached hereto and 13 incorporated herein by this reference. 14 On April 24, 1997, notice of the County's intention to adopt a resolution of necessity for 15 acquisition by eminent domain of the real property described in Appendix "A" was sent to persons 16 whose names appear on the last equalized County Assessment Roll as owners of said property. The 17 notice specified Tuesday, May 13, 1997 at 10:30 a.m. in the Board of Supervisors Chambers in the 18 Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing 19 thereon. 20 The hearing was held at that time and place, and all interested parties were given an opportunity 21 to be heard. Based upon the evidence presented to it, this Board finds, determines and hereby declares 22 the following: 23 1. The public interest and necessity require the proposed project; and 24 2. The proposed project is planned and located in the manner which will be most compatible 25 with the greatest public good and the least private injury; and 26 3. The property described herein is necessary for the proposed project; and 27 4. The offer required by Section 7267.2 of the Government Code was made to the owner or 28 owners of record. 1 SD S 1 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 2 To acquire in the County's name, by condemnation, the titles, easements and rights of way 3 hereinafter described in and to said real property or interest(s)therein, in accordance with the provisions 4 for eminent domain in the Code of Civil Procedure and the Constitution of California: 5 Parcel 1807 is to be acquired as a permanent access easement. 6 To prepare and prosecute in the County's name such proceedings in the proper court as are 7 necessary for such acquisition; 8 To deposit the probable amount of compensation, based on an appraisal, and to apply to said 9 court for an order permitting the County to take possession and use said real property for said public uses 10 and purposes. 11 PASSED and ADOPTED on May 13, 1997, by the following vote: 12 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier 13 NOES: None 14 ABSENT: None 15 ABSTAIN: None 16 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed 17 and adopted by the vote of two-thirds or more of the Board of Supervisors of the.Contra Costa County, 18 California, at a meeting of said Board on the date indicated above. 19 Dated: May 13, 1997 20 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 21 22 By: I Al ° eputy 23 24 cc: Public Works Department Real Property Division 25 Auditor-Controller County Counsel (certified copy 26 County Administrator 27 H:\DFOTI\BRIEFS\SLA\BLAIR-RN.WPD 28 2 Drainage Area 57 APPENDIX "A" Parcel 1807 (Permanent Access Easement) A non-exclusive floating access easement over parcels A and B of minor subdivision MS 26-84 filed October 1, 1984 in Book 112 of Parcel Maps at page 14 Contra Costa County, California described as follows: A strip of land 20.00 feet in width; the northeasterly terminus of said access easement shall be the southerly right of way line of Pacheco Blvd; the westerly terminus of said access easement shall be the westerly boundary of Parcel "B" (112 PM 14). The location of said floating easement to follow driveways or access routes on said Parcels A and B (112 PM 14) as they are located or may be relocated in this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating easement is no longer necessary for its purposes and so notifies Grantor in writing then all rights of Grantee in and to said floating easement shall thereupon cease and terminate and title thereto shall revert to and vest in Grantor. Grantee shall execute any quitclaim deed required in this regard. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: t—E Lic and Surveyor Q\.AND SUR Contra Costa County Public Works Exp. No. 5999 Date: �� sr4 Of CA��Fo RZ,jlg:gPp gAc1erica1\exhibits\DA57KL..ex June 2, 1997 1 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: May 8, 1997 TO: Board of Supervisors ftcx if �{7 / 1 FROM: J. Michael Walford, Public Works Director SUBJECT: Report Re: Drainage Area 57 Spillway - Martinez 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 Martinez area for the construction of a flood control and drainage facility, and set Tuesday, May 13, 1997, at 10:30 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 Project - A 1.65m diameter pipe will be bored and jacked under the AT&SF railroad tracks. On the north side of the tracks, a concrete outfall structure will be constructed and the pipe connected. Minor downstream creek excavation and placement of rock slope protection will complete the project. 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: Shurgard Institutional Fund LP Burlington No. Santa Fe Railway 1201 3rd Avenue #2200 Ray Spangler Director of Permits & Contracts Seattle, WA 98101 P.O. Box 961050 Ft. Worth, TX 76767-0050 Howard G. Blair Jr. Shell Oil Company Carolin R. Blair c/o West Tax Req D. Harris 2050 Franklin Canyon Road P.O. Box 2099 Martinez, CA 94553 Houston, TX 77252 This notice consisted of sending by first-class and certified mail on April 24, 1997, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday, May 13, 1997, at 10:30 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. s '11. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed project. A development upstream necessitates the construction of a new detention basin south of the AT&SF tracks. The pipe will be an outlet to the basin. The alignment of the pipe will reduce potential flooding to the resident of McMurtry Court on the north side of the tracks and the creek improvements will protect Martinez Mini- Storage. 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. Alignment of the pipe will benefit residents of McMurtry Court by metering flows in the detention basin. The downstream creek flows will be reduced from the predevelopment condition. C. The property sought to be acquired is necessary for the project, Access to the construction site is most feasible across the designated properties. The only other alternative would involve additional disruption to the natural creek bed, not provide permanent maintenance access .and has been discouraged by Army Corps of Engineers and Department of Fish Game. The property rights sought to be acquired are the minimum necessary to effect the construction of the project while also minimizing the impact on the existing creek. 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, made an additional finding 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. KAL:gpp g:\realprop\97-5\CO2Oa57.wpd (Form updated 2/10/97) 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.