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HomeMy WebLinkAboutMINUTES - 04102001 - SD.7 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property ) for Public Road Purposes, ) RESOLUTION OF NECESSITY 4 State Route 4 East, Railroad ) No. 2001/146 Ave. to Loveridge Rd., ) (C.C.P. § 1245.230) 5 Pittsburg Area ) 6 7 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or more 8 of its members, RESOLVES that: 9 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943, 10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation 11 Authority and Caltrans, intends to construct a road reconstruction project, a public improvement, to 12 widen 2.2 miles of State Route 4 from west of Railroad Avenue to east of Loveridge Road in the 13 Pittsburg area, and, in connection therewith, acquire interests in certain real property. 14 The properties to be acquired consist of twelve(12)parcels and are generally located in the 15 Pittsburg area. The said properties are more particularly described in Appendix"A",attached hereto 16 and incorporated herein by this reference. 17 On March 22, 2001, notice of the County's intention to adopt a resolution of necessity for 18 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons 19 whose names appear on the last equalized County Assessment Roll as owners of said property. The 20 notice specified April 10, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the 21 Administration Building,651 Pine Street,Martinez, California, as the time and place for the hearing 22 thereon. 23 The hearing was held at that time and place, and all interested parties were given an 24 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and 25 hereby declares the following: 26 1. The public interest and necessity require the proposed project; and 27 2. The proposed project is planned and located in the manner which will be most 28 RESOLUTION OF NECESSITY 1 1 compatible with the greatest public good and the least private injury; and 2 3. The property described herein is necessary for the proposed project; and 3 4. The offer required by section 7267.2 of the Government Code was made to the owner 4 or owners of record; and 5 5. On March 27, 2001,this Board APPROVED the proposed project and ADOPTED 6 the Mitigated Negative Declaration/Finding of No Significant Impact pertaining to 7 this project that was published on January 23, 2001. 8 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 9 To acquire in the County's name, by condemnation, the titles, easements and rights of way 10 hereinafter described in and to said real property or interest(s) therein, in accordance with the 11 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California: 12 Parcel(s) 1 through 8, inclusive, 9 and 11 are to be acquired in fee title. 13 Parcel(s) 10 and 12 are to be acquired as temporary easement(s). 14 To prepare and prosecute in the County's name such proceedings in the proper court as are 15 necessary for such acquisition; 16 To deposit the probable amount of compensation,based on an appraisal, and to apply to said 17 court for an order permitting the County to take immediate possession and use said real property for 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF NECESSITY 2 I said public uses and purposes. 2 PASSED and ADOPTED on April 10, 2001, by the following vote: 3 AYES: ___5_UPERVISORS GIOIA, De SAULNIER, . GLOVER and UILKEMA 4 NOES: ALONE 5 ABSENT:AD_N_E ABSTAIN : SUPERVISOR GERBER 6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, 7 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa 8 County, California, at a meeting of said Board on the date indicated. 9 Date: April 10, 2001 10 1-hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the 11 date shown. 12 ATTESTED: April 10 , 2001 MHN SWEETEN, Clerk of the Board 13 of uperv'sors an o ty Administrator By ' Deputy 14 Orig. Dept: Public Works Department (R/P) Contact: Debra L. Baker(313-2224) 15 Auditor-Controller County Counsel (Certified Copy) 16 1 ACLER\CONDEMN\sr4res-nccmN 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF NECESSITY 3 State Route 4 East, Railroad Avenue to Loveridge Road APPENDIX "A" PARCEL 1 — State Parcel # 57968 — Favilla (Fee Title) —APN 087-400-002 All of that parcel of land quitclaimed to Julius H. Favilla, a single man recorded March 6, 1978 in Book 8734 of Official Records at page 295, City of Pittsburg, Contra Costa County, California described as follows: Lot 2, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, at page 9, in the Office of the County Recorder of the County of Contra Costa, State of California. PARCEL 2 — State Parcel # 57969 —Taylor (Fee Title) - APN 087-400-003 All of that parcel of land quitclaimed to Peter V. Taylor, a married man, as his sole and separate property recorded May 6, 1994 at series number 94-126491, City of Pittsburg, Contra Costa County, California described as follows: Lot 3, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, at page 9, in the Office of the County Recorder of the County of Contra Costa, State of California. SUBJECT TO: Covenants, Conditions and Restrictions as set forth in; Declaration of Restrictions executed by Windsor Apartments, a California partnership recorded January 21, 1977 in Book 8173 of Official Records, page 236 Contra Costa County Records. PARCEL 3 — State Parcel # 57970 — Ruiz (Fee Title) —APN 087-400-004 All of that parcel of land granted to Javier Ruiz and Ginette Ruiz, husband and wife, recorded April 22, 1998 at series number 98-0087064, City of Pittsburg, Contra Costa County, California described as follows: Lot 4, Tract 4648, filed for Record September 28, 1976 in Book 192 of Maps, .at page 9, in the Office of the County Recorder of the County of Contra Costa, State of California. PARCEL 4 --State Parcel # 57977 — Dekker— (Fee Title) — APN 087-400-016 All of that parcel of land granted to Curtis L. Dekker, recorded March 18, 1999, at series number 99-0074018, City of Pittsburg, County of Contra Costa, State of California, described as follows: Lot 16, Tract 4648, filed for record September 28, 1976, Map Book 192 of Maps at page 9, in the Office of the County Recorder of the County of Contra Costa, State of California. PARCEL_5 — State Parcel # 57973 — Gabor (Fee Title) - APNs 087-400-007 & 008 All of those parcels of land quitclaimed to George Gabor, a single man, recorded February 3, 1997 at series number 97-018898, City of Pittsburg, Contra Costa County, California described as follows: 4 • • I. Lots 7 and 8, Tract 4648 of the Subdivision Map entitled "Windsor Apartments", filed in the Office of the County Recorder of Contra Costa County on December 28, 1976 at Book 192, pages 9, 10 and 11. PARCEL 6 - State Parcel # 57974 - Gabor (Fee Title) - APNs 087-400-009, 010 & 011 All of those parcels of land granted to George Gabor recorded July 22, 1997, at series number .97-0127660, and July 22, 1997, at series number 97-0127662, City of Pittsburg, County of Contra Costa, State of California, described as follows: Lots 9, 10, and 11, Tract 4648, filed for record September 28, 1976, in Book 192 of Maps, at page 9, in the Office of the County Recorder of the County of Contra Costa, State of California. PARCEL 7 - State Parcel # 57976 - Gabor (Fee Title) - APN 087-400-013 & 014 All of those parcels of land granted to George Gabor, recorded December 22, 1998, at series number 98-0322561, and March 24, 1997, at series number 97-0047026, City of Pittsburg, County of Contra Costa, State of California, described as follows: Lot 13 and Lot 14, Tract 4648, of the Subdivision Maps entitled "Windsor Apartments," filed for record December 28, 1976, in Book 192 of Maps at pages 9, 10, and 11 in the Office of the County Recorder of the County of Contra Costa, State of California. PARCEL 8 - State Parcel # 57979 - Windsor Apts. Homeowners Assn. (Fee Title) - APN 087-400-017 All of that parcel of land granted to Windsor Apartments Homeowner Association, a California Corporation, recorded February 4, 1977, in Book 8191 of Official Records at page 574, City of Pittsburg, County of Contra Costa, State of California, described as follows: Lot Number 17, Subdivision 4648, filed December 28, 1976, in Book 192 of Maps, at pages 9 to 11 inclusive, Contra Costa County Records. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: A. Licensed Lafid Surveyor Contra C-sta C my Public Works 7F EXP.9/30/03 L.S.6571 Date: © u'� �Q- 9��of- CA�\�o�� RZ:JH:sg:mn \\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2000\SR4-CONDEMNATION.doc 5/22/01 State Parcel No. 57982 APPENDIX "A" Land Description of a portion of land, as shown on the attached sketch, out of Rancho Los Medanos, situate in the City of Pittsburg, Contra Costa County, California, and being a portion of that certain Grant Deed conveyed to James J. Busby and Irvin Deutscher, a partnership, recorded September 8, 1971 in Book 6472 at Page 399 Official Records of said County and previously surveyed according to the Record of Survey Map 52 LSM 36 on file with the County Surveyor's Office; Subject parcel being more particularly described as follows: Parcel 9—State Parcel 4 57982 Busby/Deutscher(Fee Acquisition) Beginning at the northwest corner of the said Busby/Deutscher parcel, same coiner being on the south line of Frontage Road, as dedicated to the City of Pittsburg in Book 3142, at Page 340 of said official records, same being the northeast corner of the Lands of the Benevolent and Protective Order of Elks Lodge No. 1474 by deed recorded February 19, 1960 in Book 3560, at Page 01 of said official records; Thence along the common line between said Lands of Busby/Deutscher and Frontage Road, South 67° 41' 46" East, 26.991 meters to the beginning of a curve to the right, Thence in a southerly direction 9.086 meters along the arc of said curve to the right, having a radius of 6.096 meters and through a central angle of 85° 24' 00" to the end of curve on the west line of Crestview Lane, a non-exclusive easement per Book 6016, at Page 414 of said official records; Thence. along the west line of said Crestview Lane and the east line of said Lands of Busby/Deutscher, South 17° 42' 14" West, 46.653 meters; Thence leaving said common line and crossing through said Lands of Busby/Deutscher, for the following four (4) courses: North 69° 55' 22" West, 2.893 meters to the beginning of a curve to the right, from which the center bears North 430 26' 11" East; in a northwesterly direction 11.821 meters along the arc of said curve to the right, having a radius of 16.763 meters and through a central angle of 40° 24' 14" to the point. of reverse curvature; continuing in a northwesterly direction 7.828 meters along the arc of said reverse curve to the left, having a radius of 7.620 meters and through a central angle of 580 51' 36", North 650 01' 12" West, 15.693 meters more or less, to the point of intersection with the west line of said Lands of Busby/Deutscher, same corner being on the east line of said Lands of B.P.O.E. Lodge No.1474; Continued on the next page State Parcel No. 57982 APPENDIX "A" Thence along the common line between said Lands of Busby/Deutscher and the Lands of B.P.O.E. Lodge No.1474, North 170 42' 14" East, 39.992 meters to the Point of Beginning, hereof and containing 0.142 hectares of land area, more or less. Parcel 10—State Parcel #57982(T) Busby/Deutscher (Temporary Construction Easement) A temporary easement to terminate on September 30, 2003, for highway construction purposes, and incidents thereto, upon, over and across the following described parcel of land: Beginning at the southwest corner the above described ±0.142 hectare parcel; Thence along the south line of the 0.142 hectare parcel and crossing through the Lands of Busby/Deutscher for the following eight (8) courses: South 65° 01' 12" East 15.693 meters to the beginning of a curve to the right, and in a southeasterly direction 7.828 meters along the arc of the curve to the right, having a radius of 7.620 meters and through a central angle of 58° 5 P 36" to a point of reverse curvature, continuing is a southeasterly direction 11.821 meters along the arc of the curve to the left, having a radius of 16.763 meters and through a central angle of 40° 24' 13", and North 69° 55' 23" West, 11.968 meters, and South 20° 10' 00" West, 7.290 meters, and North 69° 49' 59" West, 4.049 meters, and South 21° 53' 07" West, 6.765 meters, and North 72° 17' 09" West, 12.812 meters more or less, to the point of intersection with the west line of said Lands of Busby/Deutscher; Thence along the west line between said Lands of Busby/Deutscher and the Lands of B.P.O.E. Lodge No.1474, North 17° 42' 14" East, 28.140 meters to the Point of Beginning, hereof and containing 0.051 hectares of land area, more or less. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. END OF DESCRIPTION Prepared By: a0fa hom I `.A. � ,sub, 11 ) ��`?� 5 i ��'^Tl � �0 eek +ce Axa. SCC99 A. SHORTLIDGE LS N . 441 DATE sr N9 6 441 ATF OF G1��-�F�� State Parcel No.57983 APPENDIX "A" Land Descriptions of portions of land, as shown on the attached sketch, out of Rancho Los Medanos, situate in the City of Pittsburg, Contra Costa County, California, and being a portion of that certain Grant Deed conveyed to James J. Busby& Irvin Deutscher, a partnership recorded on March 31, 1970 in Book 6096 at Page 402 Official Records of said County and previously surveyed according to the Record of Survey Map 52 LSM 36 on file with the County Surveyor's Office; Subject parcel being more particularly described as follows: Parcel 11 —State Parcel # 57983 Crestview Lane(Fee Acquisition) Beginning at the northwest corner of the above mentioned Busby/Deutscher parcel, same corner being on the south line of Frontage Road, as dedicated to the City of Pittsburg in Book 3142, at Page 340 of said official records, same being the northeast corner of the Lands of James J. Busby & Irvin Deutscher, a partnership recorded on September 8, 1971 in Book 6472 at Page 399 Official Records of said County; Thence along the common line between said Lands of Busby/Deutscher and Frontage Road, South 67° 41' 46" East, 30.577 meters to the beginning of a curve to- the left, from which the center bears South 22° 18' 14" West; Thence in a southwesterly direction 10.064 meters along the arc of said curve to the left, having a radius of 6.096 meters and through a central angle of 94° 36' 00" to the end of curve on the east line of Crestview Lane, a non-exclusive easement per Book 6016, at Page 414 of said official records; Thence along the east line of said Crestview Lane being the east line of the Lands of Busby/Deutscher (6096 OR 402), South 17° 42' 14" West, 38.351 meters to the beginning of a curve to the right, from which the center bears North 38° 18' 22" West; Thence leaving said common line and crossing through said Lands of Busby/Deutscher. (6096 OR 402) for the following three (3) course, in a.westerly direction 19.874 meters along the arc of said curve to the right, having a radius of 16.763 meters and through a central angle of 670 55' 41", North 200 36' 37" East 1.142 meters, and North 69° 55' 22" West 0.985 meters to the point of intersection with the west line of Crestview Lane said Lands of Busby/Deutscher (6096 OR 402), same corner being on the east line of said Lands of Busby/Deutscher (6472 OR 399); Thence along the common line between said Lands of Busby/Deutscher and Crestview Lane, North 17° 42' 14" East, 46.653 meters to the beginning of a tangent curve to the left; Continued on the next page Thence in a northwesterly direction 9.086 meters along the arc of said curve to the left, having a . radius of 6.096 meters and through a central angle of 851 24' 00" to the Point of Beginning, hereof and containing 0.095 Hectares of land area, more or less. Parcel 12— State Parcel # 57983 (T) Crestview Lane (Temporary Construction Easement) A temporary easement to terminate on September 30, 2003, for highway construction purposes, and incidents thereto, upon, over and across the following described parcel of land: Beginning at the southeast corner of the above described 0.095 hectare parcel; Thence continuing along the east line of Crestview Lane, South 17° 42' 14" West, 16.991 meters; Thence leaving the east line of Crestview Lane, North 72° 16' 55" West, 18.287 meters to the point of intersection with the west line of Crestview lane and the common line of the said Land(s) of Busby/Deutscher; Thence along the common line between Crestview Lane and the Lands of Busby/Deutscher, North 17° 42' 14" East, 11.137 meters to.the southwest corner of the above described 0.095 hectare parcel; Thence leaving the aforesaid common line and across Crestview Lane for the following three (3) courses: South 69° 55' 22" East 0.985 meters, South 200 36' 37" West 1.142 meters to the beginning of a curve to the left, from which the center bears North 29° 37' 19" East, and in a northeasterly direction 19.874 meters along the arc of said curve to the left, having a radius of 16.763 meters and through a central angle of 67° 55' 41" to the Point of Beginning, hereof and containing 0.020 Hectares of land area, more or less. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. END OF DESCRIPTION Prepared By: Mark Thomas Co, Inc. �����'` SH OR"),� o (Walnut Creek Once) v p O v n cn m Na 6441 DATE YSCT HORTLIDGE PLS N . 644 C sFp -. --- -- 'NTRAfCOsTA COUNTY - CLERK OF�THE..,.`.BOARD OAF SUPERUISmO`RS r ... ......., ... .... .... .. .. .......»mom ,g ,... s ... .... sb.. TO: Sharon Anderson, Assistant County Counsel DATE: April 23,2001 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Notice of Intention to Adopt Resolution of Necessity Board agenda date: April 10, 2001, SD.7 Enclosed is the pertinent information regarding the above referenced item. If you have any questions, please contact me at 335-1904. ( I have assigned the future Resolution No. 2001/146). On the above date, the Board of Supervisors considered the proposed condemnation hearing regarding the State Route 4 East Proj ect/Rai]road Avenue to Loveridge Road, Pittsburg area. Maurice Shiu, Director of Public Works,presented the staff report, Also available for questions was Ron Bast, the Supervising agent. Public comment was opened, and no one desired to speak. Public comment was closed, and the Board considered the matter. Following the Board's discussion, Supervisor Glover moved the staffs recommendations. Supervisor DeSaulnier seconded the motion. The vote was as follows: AYES: SUPERVISORS GIOIA,DeSAULNIER,GLOVER and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: SUPERVISOR GERBER *UBLIC WORKS DEPARTMENT• 57 CONTRA COSTA COUNTY DATE: April 10, 2001 TO: B rd pervisors FROM- Maurice . Shiu, Public Works Director SUBJEC Report Re: Condemnation Hearing, April 10, 2001 State Route 4 East Project /Railroad Avenue to Loveridge Road, Pittsburg Area CDD-CP # : 00-85. 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 Pittsburg area for the purpose of widening and improving a portion of State Route 4 between Railroad Avenue and Loveridge Road and set Tuesday April 10, 2001at,9:00a.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— CCTA, in conjunction with Caltrans and the FHWA, propose to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from west of Railroad Avenue to west of Loveridge Road by widening SR 4 to accommodate an additional mixed-flow and one HOV lane in each direction. The improved corridor would connect to the existing eight-lane freeway system comprising three mixed-flow lanes and one HOV lane in each direction west of Railroad Avenue and transition to a six-lane facility comprising three mixed-flow lanes in each direction immediately west of Kirker Creek. The proposed project will reduce the level of congestion through the project area and would include sufficient median width to accommodate a future BARTD extension Right—of-way necessary for the project is located at various locations adjacent to the existing freeway and ramps. The first phase of the project calls for the realignment of Frontage Road to accommodate the widening of the freeway and the construction of the Railroad Avenue off ramp. All of the rights to be acquired for this phase of the project lie along the south side of Route 4 west of Railroad Avenue. 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 rights required for this phase of the 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. Construction on the project is scheduled to begin September, 2001.It is necessary 1 for Contra Costa4ounty to exercise its power of en-Ment domain. This will not prevent continued negotiation with property owners. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to all persons whose names and addresses appear on the last equalized County Assessment Roll and any other persons known to have an interest in the property that a hearing is scheduled for Tuesday, April 10, 2001 at 9:00 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. A list of those persons notified is attached as Exhibit "A". II. Scope of Hearing Per C.C.P. Section 1245.235 A. Public interest and Necessity require the proposed project. SR 4 is the primary east-west transportation corridor in Contra Costa County. The proposed project will help reduce traffic congestion along SR 4 between Railroad Avenue and Loveridge Road consistent with Contra Costa County's planned transportation improvement strategy for the SR 4 corridor. The project will increase the use of HOV lanes between SR 242 in Concord and Loveridge Road in Pittsburg and will accommodate future mass transit services into East County that are consistent with BART's stated intention to extend its system toward Antioch. 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. Several alternative alignments were considered during the planning stage of this project. In the alignments not selected, the impacts to residential properties were considerably higher, and would also require major utility relocation. C. The property sought to be acquired is necessary for the proiect. The properties sought for this phase of the project are necessary for reconstructing the SR 4 eastbound Railroad Avenue off-ramp and reconstruction of Frontage Road improvements. 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 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. 2 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. PAS:bj G:\GrpData\RealProp\SR4@RailroadAve\CO20A.Mhearing.doc March 19, 2001 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. 3 Julius H. Favilla • Peter V. Taylor • Ronald K. Mullin y Mullin Law Firm 710 S. "J" Street 6002 Bayview Drive, NE 1320 Willow Pass Rd., Ste 240 Livermore, CA 94550 Tacoma, WA 98422 Concord, CA 94520 Javier & Ginettee Ruiz George Gabor Windsor Apts Homeowners Assn 221 Cloverbrook Circle 820 Skywood Road Attn: Grinette Ruiz Pittsburg, CA 94565 Lafayette, CA 94549 221 Cloverbrook Circle Pittsburg, CA 94565 Curtis L. Dekker Timothy Williams Benito & Ceferina Baluyut 17 Sunnyhill Way 1850 Mt. Diablo Blvd, Ste 340 224 Grafton Avenue Pittsburg, CA 94565 Walnut Creek, CA 94596 San Francisco, CA 94112 BPOE Lodge #1474 James Busby James Busby Attn: Shirley Anello Irvin Deutscher 555 Escobar Street 111 Frontage Road 2131 Crestview Lane P.O. Box 430 Pittsburg, CA 94565 Pittsburg, CA 94565 Martinez, CA 94553 Irvin Deutscher 370 Civic Drive Pleasant Hill, CA 94523 tUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: April 10, 2001 TO: e. Report o pervisors FROM- e . Shiu, Public Works Director SUBJERe: Condemnation Hearing, April 10, 2001 State Route 4 East Project/Railroad Avenue to Loveridge Road, Pittsburg Area CDD-CP # : 00-85. 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 Pittsburg area for the purpose of widening and improving a portion of State Route 4 between Railroad Avenue and Loveridge Road and set Tuesday April 10, 2001 at,9:00a.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— CCTA, in conjunction with Caltrans and the FHWA, propose to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from west of Railroad Avenue to west of Loveridge Road by widening SR 4 to accommodate an additional mixed-flow and one HOV lane in each direction. The improved corridor would connect to the existing eight-lane freeway system comprising three mixed-flow lanes and one HOV lane in each direction west of Railroad Avenue and transition to a six-lane facility comprising three mixed-flow lanes in each direction immediately west of Kirker Creek. The proposed project will reduce the level of congestion through the project area and would include sufficient median width to accommodate a future BARTD extension Right—of-way necessary for the project is located at various locations adjacent to the existing freeway and ramps. The first phase of the project calls for the realignment of Frontage Road to accommodate the widening of the freeway and the construction of the Railroad Avenue off ramp. All of the rights to be acquired for this phase of the project lie along the south side of Route 4 west of Railroad Avenue. 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 rights required for this phase of the 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. Construction on the project is scheduled to begin September, 2001.It is necessary 1 for Contra Costa County to exercise its power of eminent domain. This will not prevent continued negotiation with property owners. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to all persons whose names and addresses appear on the last equalized County Assessment Roll and any other persons known to have an interest in the property that a hearing is scheduled for Tuesday, April 10, 2001 at 9:00 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. A list of those persons notified is attached as Exhibit "A". II. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed project. SR 4 is the primary east-west transportation corridor in Contra Costa County. The proposed project will help reduce traffic congestion along SR 4 between Railroad Avenue and Loveridge Road consistent with Contra Costa County's planned transportation improvement strategy for the SR 4 corridor. The project will increase the use of HOV lanes between SR 242 in Concord and Loveridge Road in Pittsburg and will accommodate future mass transit services into East County that are consistent with BART's stated intention to extend its system toward Antioch. 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. Several alternative alignments were considered during the planning stage of this project. In the alignments not selected, the impacts to residential properties were considerably higher, and would also require major utility relocation. C. The property sought to be acquired is necessary for the project. The properties sought for this phase of the project are necessary for reconstructing the SR 4 eastbound Railroad Avenue off-ramp and reconstruction of Frontage Road improvements. 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 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. 2 .y 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. PAS:bj G:\GrpData\RealProp\SR4@RailroadAve\CO20A.Mhearing.doc March 19, 2001 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. 3 Julius H. Favilla Peter V. Taylor Ronald K. Mullin 710 S. "J" Street 6002 Bayview Drive, NE Mullin Law Firm Livermore, CA 94550 Tacoma, WA 98422 1320 Willow Pass Rd., Ste 240 Concord, CA 94520 Javier & Ginettee Ruiz George Gabor Windsor Apts Homeowners Assn 221 Cloverbrook Circle 820 Skywood Road Attn: Grinette Ruiz Pittsburg, CA 94565 Lafayette, CA 94549 221 Cloverbrook Circle Pittsburg, CA 94565 Curtis L. Dekker Timothy Williams Benito & Ceferina Baluyut 17 Sunnyhill Way 1850 Mt. Diablo Blvd, Ste 340 224 Grafton Avenue Pittsburg, CA 94565 Walnut Creek, CA 94596 San Francisco, CA 94112 BPOE Lodge #1474 James Busby James Busby Attn: Shirley Anello Irvin Deutscher 555 Escobar Street 111 Frontage Road 2131 Crestview Lane P.O. Box 430 Pittsburg, CA 94565 Pittsburg, CA 94565 Martinez, CA 94553 Irvin Deutscher 370 Civic Drive Pleasant Hill, CA 94523 0 0 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 Pittsburg area, for the widening of State Route 4 East project, a public improvement, which property is more particularly described in Appendix "A" attached hereto. The Board will consider the adoption of the Resolution at 9:00 a.m. and thereafter during its meeting on April 10, 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. n: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. C YI `M-44ice M. Shiu Public Works Director Date G:\GrpData\Real Prop\SR4@Rail roadAve\ResofNecess.doc Attachment cc: Clerk of the Board