HomeMy WebLinkAboutMINUTES - 03132001 - SD.7 o
CONTRA COSTA COUNTY
CLERK OF THE BOARD
TO: Silvano Marchesi, County Counsel
Attn: Sharon Anderson, Deputy
DATE: March 27, 2001
FROM: Ann Cervelli, Chief Clerk G�
Clerk of the Board of Supervisors
SUBJECT: Adoption of Resolution of Necessity for Withers Avenue Culvert
Extension, Lafayette area
On March 13, 2001, the Board of Supervisors considered the adoption of a
resolution of necessity for acquisition of property by eminent domain of real property in
the Lafayette area for the construction of a culvert extension and headwall replacement.
Victoria Werhan, Avenue, Lafayette, appeared at the hearing and
addressed the Boar . The Board vote unanimously with all five Supervisors present
to adopt Resoluti No. 2001/121 ap roving said action.
attachment
U'
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 5,2001
TO: Boar of Supervisors
FROM Ayaurice M. Shiu, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, March 13, 2001.
Withers Avenue Culvert Extension, Road Widening and Headwall Repair
CDD-CP#99-76.
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 Lafayette area for the construction of a culvert
extension and headwall replacement, and set March 13, 2001 at 9:00 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.
I. Proposed Project
The project consists of repairing a damaged, 70 year old box culvert to meet current
standards. The extent of repairs will be minor and will not change the intended use
of this structure. The existing 7' x 7' box culvert crossing under Withers Avenue will
be extended approximately 6 feet upstream (south) and 6 feet downstream (north).
The extension will serve two purposes; first the project will repair the existing
damaged wingwalls. Second, it will facilitate the construction of road shoulders and
guardrails. Metal beam guard railing will be installed at the approaches to the culvert
crossing. A chain-link fence will be installed on top of the headwall. Some right of
way will be required either in fee title and/or temporary construction easements. The
project will not result in the removal of any scenic resource.
The County has developed a plan to repair the existing headwall and save an
existing Oak and Buckeye trees by placing the new wall in front of and upstream of
the failed headwall thereby reducing major excavation. During construction, the
initial excavation near the Oak and Buckeye trees will be by hand and the roots over
11/2 inches or larger will be cut by hand. The work area near the Oak tree will be
identified by Environmental Sensitive Area, ESA, fencing.
The project requires the acquisition of right of way to construct this repair project.
On the down stream side (north side of Withers Avenue), the project requires the
acquisition of two temporary construction easements from the McCoys, 83.26 sq.
meters, and the Tefs, 34.50 sq. meters. On the up stream (south of Withers
Board of Supervisors • •
March 5, 2001
Page 2
Avenue) a 20.72 sq. meters parcel is required in fee for the new headwall and a
207.26 sq. meter temporary construction easement from the Werhans.
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
right of way required for this project. The required right of way has been acquired
from the McCoys and the Tefs. Real Property staff is continuing to negotiate with
the Werhans to acquire the necessary rights for this project.
The project is scheduled to begin April 15, 2001 and be completed by October 1,
2001"due to State Fish and Wildlife permits and the beginning of the winter rains.
Failure to complete this headwall repair could lead to culvert and wall collapse, road
failure and widespread flooding.
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:
Victoria A. Werhan
J. Haden Werhan
Bobby G. McDaniel (prior owner)
Jewell E. McDaniel (prior owner)
at
3079 Withers Avenue
Lafayette, CA 94549
This notice consisted of sending by first-class and certified mail on February 22, 2001, a
Notice of Intention which notified these owners that a hearing is scheduled for March 13,
2001, at 9:00 a.m. 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.
The replacement of the existing headwall and culvert built about 70 years
ago is damaged and needs immediate replacement. Failure to act could lead
to culvert and wall collapse, road closure and widespread flooding.
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.
This is the repair of an existing creek headwall and culvert and the widening
of county road shoulders to increase safety and be consistent with the
alignment of the rest of Withers Avenue.
Board of Supervisors •
March 5, 2001
Page 3
C. The property sought to be acquired is necessary for the project,
The property sought for the project is necessary to repair the existing
headwall, extend the culvert and widen Withers Avenue shoulders.
D. The offer of compensation required by Section 7267.2 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 items
specified in Section II 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 the amount 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.
DLB:eh
G:\GrpData\RealProp\2001-Files\01-3\CO20a Withers.doc
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.
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY
The Board of Supervisors, as the governing body of Contra Costa County intends to
consider the adoption of a Resolution of Necessity for the acquisition by eminent domain
of real property in the Lafayette area, the construction of a culvert extension and
emergency repair of Withers Avenue Headwall, a public improvement, which property is
more particularly described in Appendix "A" attached hereto. The Board will consider the
adoption of the Resolution at 9 a.m. and thereafter during its meeting on March 13, 2001
in the Board's Chambers at 651 Pine Street, Martinez, California.
Each person whose property is to be acquired and whose name and address appears on
the last equalized County Assessment Roll has the right to appear at such hearing and be
heard on:
1. Whether the public interest and necessity require the project; and
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
4. Whether the offer required by Govt. Code Section 7267.2 was made.
urice M. Shiu
Public Works Director
Date ZL201 91
G:\GrpData\RealProp\2001-Files\01-2\col a-MWithers.doc
Attachment
cc: Clerk of the Board
Withers Avenue — Road No. 3564
GMertc Werhan — Fee Take & T.C.E.
WIS.NEYETW
MESS°"`"nu-Ua Drawing No. A3564-2000
Portion APN 169-032-009
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the parcel of land described in the deed to J. Haden
Werhan, et ux, recorded October 30, 2000 as series number 2000-0241595,
described as follows:
PARCEL 1 — (Fee Title)
Commencing at the northwest corner of said Werhan parcel (2000-0241595);
thence, along the southerly right of way line of Withers Avenue, south 88°43'35"
east (Bearing used for the purpose of this description) 36.776 meters to the Point
of Beginning; thence from said Point of Beginning, continuing along said
southerly right of way line of Withers Avenue, south 88°43'35" east 14.864
meters; thence leaving said right of way line, south 1°16'25" west 0.688 meters;
thence north 88°43'35" west 6.530 meters; thence south 68°28'10" west 4.247
meters; thence north 88°43'35" west 4.419 meters; thence north 1'16'25" east
2.334 meters to the Point of Beginning.
Containing an area of 20.72 square meters of land, more or less.
PARCEL 2 — (Temporary Construction Easement to expire at the end of
construction or January 1, 2002, whichever occurs first)
Beginning at the northwest corner of PARCEL 1 described above; thence from
said Point of Beginning, along the exterior boundary of said PARCEL .1, south
1°16'25" west 2.334 meters; thence south 88°43'35" east 4.419 meters; thence
north 68°28'10" east 4.247 meters; thence south 88°43'35" east 6.530 meters;
thence north 1°16'25" east 0.688 meters to the northeast corner of said PARCEL
1, said point lying on the southerly right of way line of said Withers Avenue;
thence leaving said exterior boundary of PARCEL 1, along said southerly right of
way line of Withers Avenue, south 88°43'35" east 4.478 meters; thence, leaving
said right of way line, south 1°16'25" west 12.190 meters; thence north 88°43'35"
west 15.240 meters; thence north 1°1625" east 4.270 meters; thence north
88°43'35" west 5.328 meters; thence north 1"1625" east 7.920 meters to a point
on the southerly right of way line of said Withers Avenue; thence along said
southerly right of way line, south 88043'35" east 1.226 meters to the Point of
Beginning.
Containing an area of 207.26 square meters of land, more or less.
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=z-,
rveyors Act.
Signature:
Lic L d Surveyor � �'r�rw f e`
Contra Costa County Public Works
Date: //—Zl— Zoon * Exp
No. 599:1
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\\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2000\Withers Avenue Werhan.doc
5/30/00
I THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property for.Public ) RESOLUTION OF NECESSITY
3 Road Purposes; Withers Avenue Head- ) No. 2001/121
wall Repair Project, Lafayette Area )
4 ) (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more
6 of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943,
8 Contra Costa County intends to improve, repair and construct a headwall and culvert, a public
9 improvement, in the Lafayette area, and, in connection therewith, acquire interests in certain real
10 property.
11 The properties to be acquired consist of 2 parcels and are generally located in the Lafayette
12 area. The said properties are more particularly described in Appendix "A", attached hereto and
13 incorporated herein by this reference.
14 On February 22, 2001, 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 March 13, 2001, at 9:00 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
2I opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
22 and hereby declares 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; and
RESOLUTION OF NECESSITY 1
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1 5. On January 4, 2000, the Board determined that the Withers Avenue Headwall Repair
2 Project is a California Environmental Quality Act (CEQA) Class 1 d categorical exemption.
3 The County Counsel of this county is hereby AUTHORIZED and EMPOWERED:
4 To acquire in the County's name, by condemnation, the titles, easements and rights of way
5 hereinafter described in and to said real property or interest(s) therein, in accordance with the
6 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
7 Parcel 1 is to be acquired in fee title.
8 Parcel 2 is to be acquired as a temporary easement.
9 To prepare and prosecute in the County's name such proceedings in the proper court as are
10 necessary for such acquisition;
11 To deposit the probable amount of compensation based on an appraisal, and to apply to said
12 court for an order permitting the County to take immediate possession and use said real property for
13 said public uses and purposes.
14 PASSED and ADOPTED on March 13, 2001, by the following vote:
15 AYES: Supervisors Uilkema, Gioia, Gerber, DeSaulnier and Glover
16 NOES: None
17 ABSENT: None
18 ABSTAIN: None
19 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
20 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
21 County, California, at a meeting of said Board of Supervisors of Contra Costa County, California,
22 at a meeting o aid Board on the date indicated above.
23 Dated: aOez
hereby certify that this is a true and correct
24 Orig. Dept: Public Works Department (R/P) copy of an action taken and entered on the
Contact: Debra L. Baker(313-2224) minutes of the Board of Supervisors on the
date shown.
25 Auditor-Controller
County Counsel (Certified Copy) ATTESTED:
26 JOHN SWEETEN, Clerk o the Board
of Su rvisors and unty inistrator
27 1:`,CI_ER',,CONDEMN`,werhanRES.wpd By uty
28
RESOLUTION OF NECESSITY 2
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Withers Avenue — Road No. 3564
05-tric Werhan — Fee Take & T.C.E.
,.Is wry
_'SS°'"" -(D Drawing No. A3564-2000
Portion APN 169-032-009
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the parcel of land described in the deed to J. Haden
Werhan, et ux, recorded-October 30, 2000 as series number 2000-0241595,
described as follows:
PARCEL 1 — (Fee Title)
Commencing at the northwest corner of said Werhan parcel (2000-0241595);
thence, along the southerly right of way line of Withers Avenue, south 88°43'35"
east (Bearing used for the purpose of this description) 36.776 meters to the Point
of Beginning; thence from said Point of Beginning, continuing along said
southerly right of way line of Withers Avenue, south 88°43'35" east 14.864
meters; thence leaving said right of way line, south 1°16'25" west 0.688 meters;
thence north 88°43'35" west 6.530 meters; thence south 68°28'10" west 4.247
meters; thence north 88°43'35" west 4.419 meters; thence north 1°16'25" east
2.334 meters to the Point of Beginning.
Containing an area of 20.72 square meters of land, more or less.
PARCEL 2 — (Temporary Construction Easement to expire at the end of
construction or January 1, 2002, whichever occurs first)
Beginning at the northwest corner of PARCEL 1 described above; thence from
said Point of Beginning, along the exterior boundary of said PARCEL 1, south
1"16'25" west 2.334 meters; thence south 88°43'35" east 4.419 meters; thence.
north 68°28'10" east 4.247 meters; thence south 88°43'35" east 6.530 meters;
thence north 1°16'25" east 0.688 meters to the northeast corner of said PARCEL
1, said point lying on the southerly right of way line of said Withers Avenue;
thence leaving said exterior boundary of PARCEL 1, along said southerly right of
way line of Withers Avenue, south 88°43'35" east 4.478 meters; thence, leaving
said right of way line, south 1°16'25" west 12.190 meters; thence north 88°43'35"
west 15.240 meters; thence north 1'16'25" east 4.270 meters; thence north
88°43'35" west 5.328 meters; thence north 1'16'25" east 7.920 meters to a point
on the southerly right of way line of said Withers Avenue; thence along said
southerly right of way fine, south 88043'35" east 1.226 meters to the Point of
Beginning.
Containing an area of 207.26 square meters of land, more or less.
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 Prof ssional Land Surveyors Act. _
Signature: &e-
Lic L d Surveyor E w fA '���`
Contra Costa County Public Works n,. �a
Date: //� z/- zoo C) * Exp. �Z=�—
No. 59?:i
RZ:JH:sg �r'lE F CAU����\'
\\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2000\Withers Avenue Werhan.doc
5i30100
&QUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name: Phone:
Address: .36971 U,)ilk Ks CLbenz-,L � City: G/'
I am speaking for myself,Y or organization:
(name of organization)
CHECK ONE:
I wish to speak on Agenda Item# S D 7 Date : . 343
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to Consider:
SPEAKERS
1. Deposit the"Request to Speak" form(on the reverse side) in the box next to the speaker's
microphone before your agenda item is to be considered
I
2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
3. Begin by stating your name, address and whether you are speaking for yourself or as the
representative of an organization.
I
4. Give the Clerk a copy of your presentation or support documentation if available before
speaking.
5. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
CONTRA COSTA COUNTY
CLERK OF THE BOARD
TO: Silvano Marchesi, County Counsel
Attn: Sharon Anderson, Deputy
DATE: March 27, 2001
FROM: Ann Cervelli, Chief Clerk (,w
Clerk of the Board of Supervisors
SUBJECT: Adoption of Resolution of Necessity for Withers Avenue Culvert
Extension, Lafayette area
On March 13, 2001, the Board of Supervisors considered the adoption of a
resolution of necessity for acquisition of property by eminent domain of real property in
the Lafayette area for the construction of a culvert extension and headwall replacement.
Victoria Werhan, 3079 Withers Avenue, Lafayette, appeared at the hearing and
addressed the Board. The Board voted unanimously with all five Supervisors present
to adopt Resolution No. 2001/121 approving said action.
attachment
i
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 5,2001
TO: Boar of Supervisors
FROM. Ylaurice M. Shiu, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, March 13, 2001.
Withers Avenue Culvert Extension, Road Widening and Headwall Repair
CDD-C P#99-76.
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 Lafayette area for the construction of a culvert
extension and headwall replacement, and set March 13, 2001 at 9:00 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.
I. Proposed Project
The project consists of repairing a damaged, 70 year old box culvert to meet current
standards. The extent of repairs will be minor and will not change the intended use
of this structure. The existing 7' x 7' box culvert crossing under Withers Avenue will
be extended approximately 6 feet upstream (south) and 6 feet downstream (north).
The extension will serve two purposes; first the project will repair the existing
damaged wingwalls. Second, it will facilitate the construction of road shoulders and
guardrails. Metal beam guard railing will be installed at the approaches to the culvert
crossing. A chain-link fence will be installed on top of the headwall. Some right of
way will be required either in fee title and/or temporary construction easements. The
project will not result in the removal of any scenic resource.
The County has developed a plan to repair the existing headwall and save an
existing Oak and Buckeye trees by placing the new wall in front of and upstream of
the failed headwall thereby reducing major excavation. During construction, the
initial excavation near the Oak and Buckeye trees will be by hand and the roots over
11/2 inches or larger will be cut by hand. The work area near the Oak tree will be
identified by Environmental.Sensitive Area, ESA, fencing.
The project requires the acquisition of right of way to construct this repair project.
On the down stream side (north side of Withers Avenue), the project requires the
acquisition of two temporary construction easements from the McCoys, 83.26 sq.
meters, and the Tefs, 34.50 sq. meters. On the up stream (south of Withers
Board of Supervisors •
March 5, 2001
Page 2
Avenue) a 20.72 sq. meters parcel is required in fee for the new headwall and a
207.26 sq. meter temporary construction easement from the Werhans.
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
right of way required for this project. The required right of way has been acquired
from the McCoys and the Tefs. Real Property staff is continuing to negotiate with
the Werhans to acquire the necessary rights for this project.
The project is scheduled to begin April 15, 2001 and be completed by October 1,
2001 due to State Fish and Wildlife permits and the beginning of the winter rains.
Failure to complete this headwall repair could lead to culvert and wall collapse, road
failure and widespread flooding.
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:
Victoria A. Werhan
J. Haden Werhan
Bobby G. McDaniel (prior owner)
Jewell E. McDaniel (prior owner)
at
3079 Withers Avenue
Lafayette, CA 94549
This notice consisted of sending by first-class and certified mail on February 22, 2001, a
Notice of Intention which notified these owners that a hearing is scheduled for March 13,
2001, at 9:00 a.m. 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.
The replacement of the existing headwall and culvert built about 70 years
ago is damaged and needs immediate replacement. Failure to act could lead
to culvert and wall collapse, road closure and widespread flooding.
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.
This is the repair of an existing creek headwall and culvert and the widening
of county road shoulders to increase safety and be consistent with the
alignment of the rest of Withers Avenue.
Board of Supervisors
March 5, 2001
Page 3
C. The property sought to be acquired is necessary for the project,
The property sought for the project is necessary to repair the existing
headwall, extend the culvert and widen Withers Avenue shoulders.
D. The offer of compensation required by Section 7267.2 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 items
specified in Section II 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 the amount 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.
DLB:eh
G:\GrpData\Real Prop\2001-Files\01-3\CO20a Withers.doc
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.
•
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY
The Board of Supervisors, as the governing body of Contra Costa County intends to
consider the adoption of a Resolution of Necessity for the acquisition by eminent domain
of real property in the Lafayette area, the construction of a culvert extension and
emergency repair of Withers Avenue Headwall, a public improvement, which property is
more particularly described in Appendix "A" attached hereto. The Board will consider the
adoption of the Resolution at 9 a.m. and thereafter during its meeting on March 13, 2001
in the Board's Chambers at 651 Pine Street, Martinez, California.
Each person whose property is to be acquired and whose name and address appears on
the last equalized County Assessment Roll has the right to appear at such hearing and be
heard on:
1. Whether the public interest and necessity require the project; and
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
4. Whether the offer required by Govt. Code Section 7267.2 was made.
urice M. Shiu
Public Works Director
Date S ZD/O
L
G:\GrpData\RealProp\2001-Files\01-2\col a-MWithers.doc
Attachment
cc: Clerk of the Board
Withers Avenue — Road No. 3564
t I elrlc Werhan — Fee Take & T.C.E.
1➢IS APC YCTPC
�ESS UT"P""-E0 Drawing No. A3564-2000
Portion APN 169-032-009
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the parcel of land described in the deed to J. Haden
Werhan, et ux, recorded October 30, 2000 as series number 2000-0241595,
described as follows:
PARCEL 1 — (Fee Title)
Commencing at the northwest corner of said Werhan parcel (2000-0241595);
thence, along the southerly right of way line of Withers Avenue, south 88043'35"
east (Bearing used for the purpose of this description) 36.776 meters to the Point
of Beginning; thence from said Point of Beginning, continuing along said
southerly right of way line of Withers Avenue, south 88°43'35" east 14.864
meters; thence leaving said right of way line, south 1016'25" west 0.688 meters;
thence north 88°43'35" west 6.530 meters; thence south 68028'10" west 4.247
meters; thence north 88043'35" west 4.419 meters; thence north 1°16'25" east
2.334 meters to the Point of Beginning.
Containing an area of 20.72 square meters of land, more or less.
PARCEL 2 — (Temporary Construction Easement to expire at the end of
construction or January 1, 2002, whichever occurs first)
Beginning at the northwest corner of PARCEL 1 described above; thence from
said Point of Beginning, along the exterior boundary of said PARCEL .1, south
1'16'25" west 2.334 meters; thence south 88°43'35" east 4.419 meters; thence
north 68028'10" east 4.247 meters; thence south 88043'35" east 6.530 meters;
thence north 1016'25" east 0.688 meters to the northeast corner of said PARCEL
1, said point lying on the southerly right of way line of said Withers Avenue;
thence leaving said exterior boundary of PARCEL 1, along said southerly right of
way line of Withers Avenue, south 88043'35" east 4.478 meters; thence, leaving
said right of way line, south 1°16'25" west 12.190 meters; thence north 88°43'35"
west 15.240 meters; thence north 1016'25" east 4.270 meters; thence north
88°43'35" west 5.328 meters; thence north 1°16'25" east 7.920 meters to a point
on the southerly right of way line of said Withers Avenue; thence along said
• •
southerly right of way line, south 88043'35" east 1.226 meters to the Point of
Beginning.
Containing an area of 207.26 square meters of land, more or less.
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 Prof ssional Land Surveyors Act.
Signature: ��.------
Lic L d Surveyor �rE�F�'���`
Contra Costa County Public Works , �o
Date: Exp.
No. 593:1
RZ:JH:sg �r'lE OF Cl►O���\r
\\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2000\Withers Avenue Werhan.doc
5/30/00
02/06/01 TUE 08:41 FAX 925 313 2333 CCC PUBLIC WORKS f�]001
Contra PUBLIC WORKS DEPARTMENT
Costa REAL PROPERTY DIVISION Maurice M.Shiu
Ppanc Works Director
County 255 Glacier Drive Jul«Bueter,
Martinez, CA 94553,4897 Deputy Director
Karin A.Laws
(925) 313-2228 Principal Rcal Property Agent
FAX (925) 313-2333
Date: ,-
Time:g-' d
ey:�_
FAX COVER LETTER
Please deliver the following pages to:
Name:
Company:
Fax No:
From: (J Phone: (925)313-2,-30K
Total number of pages including cover fetter.
Message: �'�'
[ j Original will not follow.
[ 1 Original will follow by (check one of the following):
Regular Mail
Certified Mail, Return Receipt Requested
Express Mail
Federal Express
G:tGrpV;3eatReatPrcpiFOR&ISiMISORealPropertyFAX.dot
02/06/01 TLiE 08:42 FAX 925 313 2333 CCC PUBLIC WORKS 11002
PW Accounting: PW Division Manager,
CAO Analyst Approval: County Administrator Approval:
CONTRA,COSTA COUNTY BOARD OF SUPERvISORS
AGENDA ITEM REQUEST
CAO ITEM
(Do Not Use This Foran To Set Hearings)
Agenda Date Requested: Z —/-a—aWV
Submitting Department: Public Works .
Contact
Phone: 343
Proposed A g nda mgua.ge:
. /j
07.00 Ae
7z
Item Submitted for: ()Consent Agenda. No discussion, no speakers,no opposition_
Category:
()Presentation:Five minutes,people present to speak or receive-
(&fShort Discussion:Less than five minutes.
()Deliberation:Longer thw five minutes. Time:
Person making the Presentation, Short Discussion or Deliberation item at the Board
meeting.
Name: Phone:
Copies required: Consent Agenda: Original and 2 copies, unless the item is & pages or
more(swgle sided),then 12 copies are needed.
Short DiscirSsion. Original and 13 copies.
Deliberation: Original and 13 copies.
(If your Division needs any executed copies of contracts or agreements returned to your
department, you must submit those copies in addition to the Board's miniraum number)
GAGrpDuts\Rea1PmpIF0RMS\Al2 AIR(Greenie).doc
9/14/00
02/06/01 TUE 08:42 FAX 925 313 2333 CCC PUBLIC WORKS lih 003
• rthis foPOhou/d 6e/eyv�sise..,. vollow/yrv,�rtad co%rimer)
ANO CONFUMATION FORM
nearing date: 0
name of person phoning to rawest hearing--A/A—&—"-r— v „ rshe%ne # 3/,3-g 36.9
bearing date confirmed with of COB staff on Z2
(date)
agenda language(how it will read on calender)for the date of the hearing
ALI
1. anticipated length of the hearing: S mint. or less Y or more
?. is it controversial? yes no
3. noticing requirements:
rode section:
4. publication requirements:#of times #of days before hearing
S. who is to publish the notice? CO$ PWU
(if applicable)who prepares the notice? COB _ ... PW D
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered until the Resolution is adop by the Board of Supervisors.
6. if posting of notice is required,who will post? •rX
7. if mailing the notice is required,who will provide the:clerk with the correct mailing list and labels?
S. when will this "!5x hearing item"be listed on the Board agenda as a consent item?
Note: The B.O. fixing the hearing is a GAO consent item,and should be submitted by Wednesday, 13 days
prior to the elate of the BOS meeting). An original D.O. and"greenie" is sufficient. The Exec. Secretary
will send it downtown with the Director,along with the other BOS meeting materials,for approval.copying,
and distribution by the Cleric-of-the-Board. Failure to submit the Board Order/Resolution fixing the hearing
in this time frame could result in the item being removed from the agenda.
ALSO! The Clerk of the Board(currently Ann Cervelli)has asked that everyone be notified that when the
13.0_ (required to fix a hearing date) is prepared and submitted, it SHOULD NOT include the
B.O./Resolution that will be voted on the date of the hearing.
The B.O./Resolution to be approved the date of the hearing should be submitted by Tuesday-- 2 weeks prior
to the hearing(origir:at p)as 15 copies)--with a "stickle"an top that has the word "hearing"and the hearing
date written on it. The original & 12 copies will be sent downtown with the Director on Wednesday
morning, 13 days prior to the date of the heating,and he will give-them to the Clerk of the Board.
For more information teeardina hearines. see next uaee(12/46 info frnrn Clerk-of-the Ttoard).
r SEND THIS FORM Oa fax - TO CLERK-OF-THE-B&b WITHIN 24 HOURS
OF SETTING THE HEARING (BY PHONE)
(failure to do so could result in hearing date being dropped)
. it