HomeMy WebLinkAboutMINUTES - 06091998 - D4 .............................................................11_........ ......... ._....... ......... ......... ......... ......_. .
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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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4 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
5 Road Purposes: No. 98/314
North Broadway Area Revitalization (C.C.P. Sec. 1245.230)
6 Project
Bay Point Area
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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 one (1)parcel and is generally located in the Bay
20 Point area. The said property is more particularly described in Appendix"A",attached hereto
21 and incorporated herein by this reference.
22 Notices sent to the person whose name appeared on the last equalized County
23 Assessment Roll as the owner of said land were returned undelivered. Following unsuccessful
24 attempts to locate the owner,notice of the County's intention to adopt a resolution of necessity
25 for acquisition by eminent domain of the real property described in Appendix "A"was published
26 in the Contra Costa Times, which is a newspaper of general circulation'in this County, on May
27 25, 1998. Also published were a map of the property, a legal description and the name and last
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1 known address of the property owner. The notice specified Tuesday, June 9, 1998, at 11:00 a.m.
2 in the Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez,
3 California, as the time and place for the hearing thereon.
4 The hearing was held at that time and place, and all interested parties were given an
5 opportunity to be heard. Based upon the evidence presented to it,this Board finds, determines
6 and hereby declares the following:
7 1. The public interest and necessity require the proposed project; and
8 2. The proposed project is planned and located in the manner which will be most
9 compatible with the greatest public good and the least private injury; and
10 3. The property described herein is necessary for the proposed project; and
11 4. The offer required by Section 7267.2 of the Government Code was not made to the
12 owner or owners of record because said owner could not be located with reasonable diligence.
13 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
14 To acquire in the County's name,by condemnation,the titles, easements and rights of
15 way hereinafter described in and to said real property or interest(s)therein, in accordance with
16 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
17 California:
18 Parcel 14 is to be acquired in fee title.
19 To prepare and prosecute in the County's name such proceedings in the proper court as
20 are necessary for such acquisition;
21 To deposit the probable amount of compensation,based on an appraisal,and to apply to
22 said court for an order permitting the County to take possession and use said real property for
23 said public uses and purposes.
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I PASSED and ADOPTED on June 9, 1998,by the following vete:
2 AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canoiatnilla, Rogers
3 NOES: None
4 ABSENT: None
5 ABSTAIN: None
6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
7 passed and adopted by the vete of two-thirds or more of the Board of Supervisors of the Contra
8 Costa County, California, at a meeting of said Board on the date indicated above.
9 Dated. June 9, 1998
Phil Batchelor, Clerk of the Board of
10 Supervisors and County Administrator
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12 By:
Deputy,
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17 cc: Public'Works Department
Real Property Division
18 Auditor-Controller
County Counsel(certified copy)
19 County Administrator
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Road Group Number 5385
cvrrc Bay Point Revitalization
wTx uee rrruc
4s "Otto Parcel 14
Portion APIA 096-043-0318
Picott to C.C. Co.
APPENDIX "Alf
A portion of Lot 16 Block B "Poinsettia Land Company, West Pittsburg Tract Unit No. 1" filed June
8, 1925 in Book 19 of Maps at page 506 Contra Costa County, California, being a portion of the
parcel of land granted to Modgess Picott, a single person by deed recorded January 16, 1987 in
Book 13393 of Official Records at page 133 described as follows:
Commencing at the southwest comer of said Lot 16 Block B (19 M 5036); thence south 89°09'40"
east 7.620 meters to the easterly right of way line of Solana Avenue as acquired by Contra Costa
County 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 along said easterly right of way line north
0°09'38" east 2.828 meters; thence leaving said right-of-way line south 44°09'38" east 2.828
meters thence north 89009'40" west 2.000 meters to the Point of Beginning.
Containing an area of 2 square meters of land more or less.
Bearings are based on the California Coordinate System Zone 111 (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.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: Zw `
t
Licen n urveyor `'
Contra Costa County Public Works
xP 3J 1
Date: — NEL X999
g:\clericailexhibitslBayP 14.ex
1/12/98
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
ATE: May 19, 1998
TO: Board of Supervisors
FROM: J. Michael Watford, Chief Engineer
SUBJECT: Report Re: Condemnation Hearin , dune 9, 1998
North Broadway Area Revitalization Project, Bay Point Area
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 Projec# - 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 extensionof 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 lights on Pullman Avenue. In addition,
a significant number of upgrades to the water and sewer facilities will be constructed.
Pursuant to Section 1245.235 of the Code of Civil Procedure, Real Property staff attempted to
give notice by mail to the following person, whose name and address appear on the last
equalized County Assessment Foil, in order to make an offer of just compensation for the rights
required for this project:
Hodges Picott
116 Solano Avenue
Bay Point, CA 94565
All mail was returned undelivered. Upon investigation, staff discovered that the residence at 116
Solano Avenue had been abandoned and was subsequently abated by the County due to
numerous violations. Mr. Picott is no longer an occupant of the property. According to
Government Code section 7267.2, prior to adopting a resolution of necessity a public entity is
required to make an offer of just compensation "unless the owner cannot be located with
reasonable diligence." Real Property staff has made extensive and diligent efforts to discover Mr.
Picott's whereabouts, including searches of local telephone directories, postal records, the
County's Land Information System, and records at the Clerk-Recorder's Office for voter
registration, real property transfers, death certificates and civil or probate;actions. [despite these
and other efforts, Mr. Picott could not be located; thus an offer was not made.
In order to proceed with the project, it is necessary for the County to exercise its power of
eminent domain. Therefore, a Notice of Intention has been prepared for publication in a local
newspaper at least fifteen days prior to the hearing scheduled for Tuesday, June 9, 1998,'at
11:00 a.m. and thereafter in the Board's Chambers, at which time the property owner may appear
to be heard on the matters referred to in the notice.
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ll. Scope of gearing Per C.C.P. Section 1245 235
A. Public Interest and Necessity require the proposed proiect.
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 likely increase
property values and improve the residents' quality of life. Based on significant
community support and a recommendation from the BayPoint 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 compatible 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 necessanL for the project.
Without the acquisition of the parcel covered by this report, it will not be possible
to construct the proposed extension of Pullman Avenue according to the approved
plans and specifications.
111. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three items
specified in Section If above, 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, 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:gpp
G:kGrpData\ReelProp\98-5\CO20nbdwy.doc
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-if approved by the Board, pease file a copy of this report in your records.
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