HomeMy WebLinkAboutMINUTES - 05051998 - D4 1 THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY,CALIFORNIA
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4 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
5 Road Purposes: No. 98/248
North Broadway Area Revitalization (C.C.P. Sec. 1245.230)
6 Project
Bay Point Area
7
8 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or
9 more of its members,RESOLVES THAT:
10 Pursuant to Government Code Section 25350.5 and Streets and highways Code Section
11 943, Contra Costa County intends to acquire certain interest in real property for the purpose of
12 constructing the following infrastructure in the Bay Point area: (1)pavement widening, slurry-
13 seal and frontage improvements (curb, gutter and sidewalk) on North.Broadway, Solano and
14 Poinsettia Avenues; (2) a new storm drainage system on Poinsettia and,extension of existing
15 storm drains on North Broadway and Solano Avenues; (3) construction of a new road(Pullman
16 Avenue) from Fairview to North Broadway; (4) and installation of street lights on Pullman
17 Avenue and related improvements. In addition, a significant number of upgrades to the water
18 and sewer facilities will be constructed.
19 The property to be acquired consists of seven (7)parcels and is generally located in the
20 Bay Point area. The said property is more particularly described in Appendix"A", attached
21 hereto and incorporated herein by this reference.
22 On April 16, 1998,notice of the County's intention to adopt a resolution of necessity for
23 acquisition by eminent domain of the real property described in Appendix"A"was sent to
24 Persons whose names appear on the last equalized County Assessment Roll as owners of said
25 property. The notice specified Tuesday,May 5, 1998 at 11:00 a.m. in the Board of Supervisors
26 Chambers in the Administration Building,651 Pine Street, Martinez, California, as the time and
27 place for the hearing thereon.
28 The hearing was held at that time and place, and all interested parties were given an
I opportunity to be heard. Based upon the evidence presented to it, this Beard finds, determines
2 and hereby declares the following:
3 1. The public interest and necessity require the proposed project; and
4 2. The proposed project is planned and located in the manner which will be most
5 compatible with the greatest public good and the least private injury; and
6 3. The property described herein is necessary for the proposed project; and
7 4. The offer required by Section 7267.2 of the Government Cade was made to the owner
8 or owners of record.
9 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
10 To acquire in the County's name,by condemnation,the titles, easements and rights of
11 way hereinafter described in and to said real property or interest(s)therein, in accordance with
12 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
13 California:
14 Parcels 6,7,8,9,11,15 and 16 are to be acquired in fee title.
15 To prepare and prosecute in the County's name such proceedings in the proper court as
16 are necessary for such acquisition;
17 To deposit the probable amount of compensation,based on an appraisal,and to apply to
18 said court for an order permitting the County to take possession and use said real property for
19 said public uses and purposes.
20 PASSED and ADOPTED on May 5, 1998,by the following vote:
21 AYES: Supervisors Rogers,Uilkema, Gerber,DeSaulnier, Canciamilla
22 NOES: None
23 ABSENT: None
24 ABSTAIN: None
25 l/!
26 /tl
27 Ill
28 ilI
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 Contra
3 Costa County, California, at a meeting of said Board on the date indicated above.
4 Dated: May 5, 1498
Phil Batchelor, Clerk of the Board of
5 Supervisors and County Administrator
6
7 By:
8 Deputy Shirley Casillas
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12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
15 H:\DFOTI\BRIBFS\SLA\baypt-m.wpd
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(kVilric Road Group Number 5385
Mms,M METRIC
Muss OTHER.$(NOTCO Bay Point Revitalization
Parcels 6, 7, 8, 9,11,15,16
Portions of APN 096-020-037,040,041,
045,043,044, 096-042-008,
and 096-043-018
APPENDIX "A"
RarceL6
A portion of Lot 12 Block C Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8,
1926 in Book 19 of Maps at page 506 Contra Costa County, California, being aportion of the parcel of
land granted to William A. Letchworth as Trustee of the William A. Letchworth, April 9, 9997 Revocable
Trust, recorded October 10, 1997 as series number 97-0993244 described as follows:
Commencing at the northwest corner of said Lot 12 Block C (19 M 506); thence along the easterly right
of way line of Poinsettia Avenue south 0°50' 20" west 6.0961 meters to the Point of Beginning; thence
from said Point of Beginning south 89009'40" east 30.480 meters; thence south 00,50'20"west 2.048
meters; thence north 89°09'40"west 27.664 meters; thence south 45050'03"west 3.983 meters to the
easterly right of way line of Poinsettia Avenue; thence alone said right of way line north 0°50'219" east
4.865 meters to the Point of Beginning.
Containing an area of 66 square meters of land more or less.
Parcel 7
A portion of Lot 12 Block C "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8,
1926 in Book 19 of Maps at page 506, Contra Costa County, California being a portion of PARCEL ONE
of those parcels of land granted to Henry Dusich recorded February 6, 1969 in Book 5807 of Official
Records at page 396 described as follows:
A strip of land 2.048 meters in width, the northerly line of said strip is the northerly line of said PARCEL
ONE (5807 OR 396).
Containing an area of 29 square meters of land more or less.
Parcel 8
A portion of Lot 12 Block C "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8,
1926 in Book 19 of Maps at page 506 Contra Costa County, California,being a portion of PARCEL ONE
of those parcels of land granted to Henry Dusich, a married man as his separate property, recorded
September 4, 1975 in Book 7612 of Official Records at page 355 described as'follows:
A strip of land 2.048 meters in width, the northerly line of said strip is the northerly line of said PARCEL
ONE (7612 OR 355).
Containing an area of 29 square meters of land more or less.
1
Parcel 9
A portion of Lot 12 Block C "Poinsettia land Company, West Pittsburg Tract Emit No. 1"filed June 8,
1926 in Book 19 of Maps at page 506, Contra Costa County, California, being a portion of PARCEL
ONE of those parcels of land granted to Henry Dusich, a single man, recorded February 3, 1972 in Book
6578 of Official Records at page 699 described as follows:
A strip of land 2.048 meters in width, the northerly line of said strip is the northerly line of said PARCEL
ONE (6578 OR 699).
Containing an area of 92 square meters of land more or less.
Parcel 11
A portion of Lot 12 Block C "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8,
1926 in Book 19 of Maps at page 506, Contra Costa County, California, described as follows:
A strip of land 6.096 meters in width, the northerly line of said strip of land is the northerly line of said
Lot 12 Block C (19 M 506).
Containing an area of 591 square meters of land more or less.
Parcel 15
A portion of Lot 34 Block B "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June 8,
1926 in Book 19 of Maps at page 506, Contra Costa County, California being a portion of that parcel
of land granted to Tommy Ursry et al, recorded July 1, 1980 in Book 9897 of Official Records at page
587 described as follows:
Commencing at the southeast corner of said Lot 34 Block B (19 M 506); thence', north 89°09'40"west
7.620 meters to the westerly right of way line of Solano Avenue as acquired by Contra Costa County
by resolution filed August 6, 1953 in Book 2172 of Official Records at page 86 being the Point of
Beginning; thence from said Point of Beginning leaving last said line north 89009'40"west 2.000 meters
thence north 44°09'38" east 2.828 meters to the westerly right of way line of said Solano Avenue;
thence along said right.of way line south 0050'20" west 2.000 meters to the Point of Beginning.
Containing an area of 2 square meters of land more or less.
Parcel 16
Beginning at the southwest corner of said Lot 34 Block B (19 M 506); thence from said Point of
Beginning along the easterly right of way line of Poinsettia Avenue north 0050'20" east 1.000 meters;
thence leaving said right of way line south 44009'38"east 1.414 meters to the southerly line of said lot
34; thence along said southerly line north 89°09'40"west 1.000 meters.
Containing an area of 0.50 meters of land more or less.
Bearings are based on the California Coordinate System Zone lil (CCS 27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters, multiply areas shown by 10.764 to convert to square feet.
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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 tiq 0ND
Lantra Costa County Public Works
Etip.
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Date: - = I ` — , r No. 5999
�j9TE OF
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 28, '1998
TO: Board of Supervisors
FROM: ZOichael Walfor4 � eer
SUBJEC Report Re: Condemna ion Nearing, May 5, 1998
North Broadway Area Revitalization Project, Bay Point Area
Pursuant to procedure approved by Board Carder, dated November 1, 1988, the Public
Works Director, on behalf of the Redevelopment Agency, sent a Notice of Intention to
Adopt a Resolution of Necessity for acquisition by eminent domain of real property in the
Bay Point area for the purpose of constructing infrastructure improvements in the North
Broadway Area, and set Tuesday, May 5, 1998, at 11:00 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.'
1. Proposed Project - The proposed project is planned to help revitalize the
neighborhood by constructing the following infrastructure improvements: (1)
pavement widening, slurry-seal and frontage improvements (curb, gutter and
sidewalk) on North Broadway, Solano and Poinsettia Avenues; (2) a new storm
drainage system on Poinsettia and extension of existing storm drains on North
Broadway and Solano Avenues; (3) construction of a new road (Pullman Avenue)
from Fairview to North Broadway; and (4) installation of street nights on Pullman
Avenue. In addition, a significant number of upgrades to the water and sewer
facilities will be constructed.
The Redevelopment Agency, 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 offers were based on an appraisal of the
fair market value of said property rights. Real Property staff is currently negotiating
with owners of the subject properties to acquire the required rights.
In order to proceed with the project, it is necessary for the Redevelopment Agency
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:
1
Henry Dusich David A. Kilpatrick
105 Fairview Avenue 326 Pullman Avenue
Bay Point, CA 94565 Bay Point, CA 94565
John J. Larkin W. A. Letchworth
354 Pullman Avenue c/o Fred Webster, Esq.
Bay Point, CA 94565 3743 Railroad Avenue
Pittsburg, CA 94565'
Tommy & Ann Ursry, et al.
c/o Las Trampas Properties Harriett Webb
5035 Clayton Road 806 Terra California
Concord, CA 94521 Walnut Creek, CA 94595
This notice consisted of sending by first-class and certified mailon April 16, 1998,
a Notice of Intention which notified these owners that a hearing is scheduled for
Tuesday, May 5, 1998, at 11.00 a.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.
if. Scope of Hearinq_Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
The North Broadway Area Infrastructure Program was developed to bring
much-needed infrastructure improvements to this Bay Point neighborhood.
The installation of drainage and frontage improvements on the existing roads
and the improved neighborhood circulation via additional cross-streets will F
likely increase property values and improve the residents' quality of life.
Based on significant community support and a recommendation from the Bay
Point Project Area Committee, the Board of Supervisors previously approved
the project and authorized the Redevelopment Agency to sell bonds to fund
construction of Phase One of the program.
B. The proiect is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private iniury.
The widening of North Broadway, Solano and Poinsettia Avenues will occur
within existing County right of way. The proposed alignment of Pullman
Avenue utilizes the right of way for an existing private road named "Pullman
Avenue"between Fairview and Poinsettia Avenues, then shifts slightly south
as it moves west of Poinsettia Avenue in order to minimize the number of
residents that will be dislocated by the project.
C. The property sought to be acquired is necessary for the proiect.
Without the acquisition of the parcels covered by this report, it will not be
possible to construct the proposed extension of Pullman Avenue. This
proposed extension is necessary to improve neighborhood traffic circulation,
which is essential to the project's success in revitalizing the neighborhood.
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D. The offer of compensation required by Section 7287.2 of the Government
Code has been made to the owner or owners of record.
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, whether the offer of compensation
required by Section 72872.2 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 11 A, B and C
above, make an additional finding that the offer of compensation required by
Section 7287.2 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.
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g:lrealprop\98-4\CO20nbdwy.wpd
April 28, 1998
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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