HomeMy WebLinkAboutMINUTES - 06161998 - D4 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
2
3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
Road Purposes, Hillcrest Road NO. 98/319
4 El Sobrante Area Subdivision 7582 (C.C.P. Sec. 1245.230)
5
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 and Streets& Highways Code Section
9 943, Contra Costa County intends to construct a road improvement and widening project, a
10 public improvement, to widen and improve Hillcrest Road, El Sobrante area, and, in connection
11 therewith, acquire interests in certain real property.
12 The property to be acquired consists of 2 parcels, (766.25 square feet in fee and 2,234.55
13 square feet as temporary construction easement) and is generally located in the El Sobrante area.
14 The said property is more particularly described in Appendix"A", attached hereto and
15 incorporated herein by this reference.
16 On June 1, 1998, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix "A"was sent to
18 persons whose names appear on the last equalized County Assessment Roll as owners of said
19 property. The notice specified June 16, 1998, at 2:00 p.m. in the Board,of Supervisors Chambers
20 in the Administration Building, 651 Pine Street, Martinez,California, as the time and place for
21 the hearing thereon.
22 1. The public interest and necessity require the proposed project; and
23 2. The proposed project is planned and located in the manner which will be most
24 compatible with the greatest public good and the least private injury; and
25 3. The property described herein is necessary for the proposed project; and
4. The offer required by Section 7267.2 of the Government Code was made to the
26 owner or owners of record.
27 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
28 To acquire in the County's name, by condemnation, the titles, easements and rights of
RLS UITION 98/319
I way hereinafter described in and to said real property or interests therein, in accordance with the
2 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
3 Parcel i is to be acquired in fee title.
4 Parcel 2 is to be acquired as temporary easement.
5 To prepare and prosecute in the County's name such proceedings in the proper court as
6 are necessary for such acquisition;
7 To deposit the probable amount of compensation,based on an appraisal, and to apply to
8 said court for an order permitting the County to take immediate possession and use said real
9 property for said public uses and purposes.
IO PASSED and ADOPTED on June 16, 1998,by the following vote:
11 AYES: StIPERVISORS UILKEMA, GERBER, DeSAULNIER, CANCIAMILLA and
ROGERS
12 NOES: NONE
13 ABSENT: NONE
14 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
16 Costa County, California, at a meeting of said Board on the date indicated.
17 Date: JUNE 16 , 1998
18
19 i hereby certify that this Is a true and correct
copy of an action taken and entered on the
20 minutes of the Board of Supervisors on the
date shown.
21 ATTESTED: JliLa 16. 1995
PHIL BAT CHEL R, Clerk of the Board
22 o Supe visors a unty A 'ministrator
By Deputy
23
24
25 Orig. Dept.: Public Works Dept. (R/P)
Donna Dawkins
26 Auditor-Controller
27 County Counsel (Certified copy)
H:\DF0T1\BR1EFS\SLA\H1LLCST.WPD
28
RESOLUTION 98/318
APPENDIX
PARCEL 1 RILL.CREST RCAO RICHT CF—WAY WIDENING
'�I{ �" ,c+�� -}..cry �wl�x ZS,( arses w rcm an the =p .tied.. ry._.yam i�r y�
- ,a—,a C--s a Co., 1aI if,w+tri' " an, 1. � f i .T �Li L'crth ��" ,
Cf t 6, 1908, 322 the � cf the
fC �: , 322 SC. k Z of maps at Page 18, dpww ' as
Bap=u--q at the
.3.Lne of aLjt I�iM, _� east
36945-121111 Road � 16'3251211# east, 95.52 feat and
east, =»59 feet tri the , thmm scath.
8900610911 e a� said � � � of 6. d Irk 2t�w a
said n=th ' �' Zczt 26, 5.5t9 feet; tbaws
b a g a ncrt-tangy c=va to the left c wha.
55a4s'I4" east the
cel, ar�gZe cx�' 1�4g,25"f ��tvirx� a zad,us of Z4Cl.00 rest,
th�t,� a
an arc length of 41..07 feet to a ,cern of
tar 3l i the=, s=t12 I6025121" West, 51.t.53- f'eP-t• }+ O
east, 25.91, feet to said TIS r t_�+riG�.` SX"R2� 31. 35 t�5:r
of itc � nc X th 73034f391# waii—,, ` al
` id rlcr+-.h
Wim. 25.00 feet to the POZ� 3f
C=ta.t,linq 7655.25 _gquars .feet, M=e ar less.
No.21,P J�
Exp.9-30.9
_ _
93017
• . ' .. i t ,
APPENDIX "Att
PARCEL 2 EM Y CONSTRUCTION EASEMENT
70 wnid4w tt t3N !J ' ( NSTR�t N OR D g 2000
apt:ion:
PortionContra f Co t~ Calif,f,s s2�r�an , of
cx�t.the asap entitle3 �
y�^w/'0 'E'er' mer of � , filed on. April �6, I9��18^' t.�e�r.�e r
follows.- �f. i�1i � of ii4s at Page 18, dascribe as
eastI.IXSe �f Innen: ion. of the 2�a�`th line O
said no �'n� Road; t� frca i t=�'�rita � with the
Point Olne f Cerr'tofar south said
t of Mw=mentralorg
description* i70 feet to
said north line of
,Cerrito
51-51- fee; thence 5 tr y r 6'.91 feet;erce � � 160251211,
the
of 240.tap feet, ` � t a to the right,
4 ..07 feet to a tmrjcnu,� a c�rttra], ar 1e of I6o48125tt � � ��'�
feet; pa�srt of Horn r an arc length of
south 24049134". 3 then
_ south 89066`09" e�� g2
�r 53.79 f Wit`• r 43.$5 feet; t1� 1I 62.5 2Z
73034139't r thence south 31435 25 east 16.03 feet; r st
theme r� 27.13 feet; 2aot-th Z6o25121tt r thenio4 scut,
73 34139tt ec"St, 50.00 feet; east, 15.00 fftt;
Of
20-00 �feet to said north line of Cerrito �� scuth 1.6025'2111
�,
mad north 730341391t �, 79.05 feetr�thencethe 'along said r�� lane
Paint of Lin5•
c6nt� 2234.65 scU -e feet, more or less.
?,Of ESSln,,
0
Na.22.856
Exp.6.30.9c
CWIL
CW
93017
v tom;
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
TE: June 9, 1998
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Subdivision 7582 Offsite cquisition for Hillcrest Road
Improvements, El Sobrante 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 El Sobrante area for the construction of
improvements to Hillcrest Road, and set June 16, at 2:00 p.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. Prosed Proiect -- Construction of approximately 10 feet of pavement widening,
curb &gutter, sidewalk, handicap ramps, storm drainage collection and conveyance
structures and related improvements along approximately 115 linear feet of an
existing major public thoroughfare (Hillcrest Road). These improvements were
required by the County as a condition of approval of Subdivision 7582.
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:
Obadiah & Genell Bailey
3600 Hillcrest Road
El Sobrante, CA 94803
This notice consisted of sending by first-class and certified mail on June 1, 1998,
a Notice of Intention which notified these owners that a hearing is scheduled for
June 18, 1998, at 2:00 p.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
Il. scope of Hearin, Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed proiect.
On or about June 8, 1993, the County Board of Supervisors approved the
vesting tentative map, furthermore, on April 24, 1998, the County accepted
(signed) the improvement plans and on May 7, 1998, the Board approved
the final map all for Subdivision 7582. Each of those maps and plans
require that Hillcrest Road be widened along the entire frontage of this
subdivision. The road widening and related improvements are necessary to
insure the safety of the public and to satisfy County ordinance.
B. The o'-ct is 21anned and located in the manner that will, be most com ati-
blewith the a reatest public..ood and the least Private iniurv.
The improvements widen an existing public thoroughfare and are located to
create the greatest public good with the least private inconvenience.
Hillcrest Road is a primary collector street for this area of the County. The
opposite frontage has been widened to its ultimate alignment by a previous
developer. This frontage must be widened to complete this portion of
Hillcrest Road for the safety of the traveling public.
C. The grooerty sou ht to be ac
quired is necessary for the proiact,
For the public improvements to be constructed, the permanent and
temporary land rights must be acquired. The Bailey property fronts on
Hillcrest Road so a portion of it must be acquired for the improvement of the
road.
D. The offer of com ensation re uired by Section 727.2 of the government
Code has been made to the owner or owners of record.
In addition to negotiations conducted by the developer, the Public Works
Real Property Division staff made a final offer on May 6, 1998.
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.
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, 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.
DD:gpp
G:\GrpData\RealProp\98-6\CO20A-7582.doc
(Form updated 2/10/97)
cc: County Administrators Office
County Counsel
Real Property
Board Clerk-if approved by the Board, please file a copy of this report in your records.