HomeMy WebLinkAboutMINUTES - 03122002 - D3 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA'
2
3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 Christie Road Slide Repair, ) No. 2002/135
Martinez Area ) (C.C.P. § 1245.230)
5 )
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 intends to construct a road project,a public improvement,to correct a slide that
11 is an imminent threat to Christie Road occurring approximately 1.1 miles south of Highway 4 in the
12 Martinez area, and, in connection therewith, acquire interests in certain real property.
13 The properties to be acquired consist of two (2) parcels and are generally located in the
14 Martinez area. The said properties are more particularly described in Appendix"A",attached hereto
15 and incorporated herein by this reference:
16 On February 2,1,2002,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 persons
18 whose names appear on the last equalized County Assessment Roll'as owners of said property. The
19 notice specified March 12 2002, at 11:00 a.m. in the Board of Supervisors Chambers :in the
20 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
21 thereon.
22 The hearing was held at ;,that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 hereby declares the fallowing:
25 1. The public interest,and necessity require the proposed project, and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury, and
28 3. The property described herein is necessary for the proposed project, and
RESOLUTION NO. 2002/135 1
I PASSED and ADOPTED an March 12 2002,by the following vete:
2 AYES: MMMSM MKM, MM, D&WXNM, MMM Am G10IA
3 NOES: MW
4 ABSENT: tom'
5 ABSTAIN: t
7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California,at a meeting of said Beard on the date indicated above.
10
1'1 1 hereby certify that this is a true and conn,_,>f
COPY of ars action taken and entered on the
12 minutes of the Board of Supervisors on the
date shown,-
13 ATTESTED:
JOHN SWEETEN, Clerk cif the Board
14 of Supervisors and County Administrator
By
15 Orig. Dept: Public Works Department(R1P) ,,.x•.
Contact: L. Lucy Owens(313-2229)
1'6 Auditor-Controller'
County Counsel (Certified Copy)
17 1ACLEMONDE WChristymd-nee.""
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RESOLUTION NO. 2002/135 3
tft� Pik
DO
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: February 27, '2002
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Report Re;.Christie Road Slide Repair- Martinez area
Pursuant to procedure approved by Board Order, dated November 1,.`1988, the Public
Works Director seat a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of reel property in the Martinez area for the construction of a soil nail'
retaining wall, and set March 12, 2002,at 11:O0 a.m. as the date and time affected owners
may appear and be heard as to matters specified by taw under C.C.P. Section 1245.235 as
set forth below.
Upon recommpndation of County Counsel, the following report is made for the Board's
information and consideration 'prior to taking action upon said hearing.
1. Proposed Proiect The Contra Costa County Public Works'Department is working
towards correcting a slide that is occurring along Christie Road, approximately 1.1
miles south of Highway 4 in the Hercules Area. The slide area is an imminent threat'
to Christie Road and there is no suitable area to relocate the road away from the
sloughing bank. To prevent further erosion of the roadway into the creek, it is
proposed that the slide be, repaired by constructing a soil nail retaining wall
longitudinally along Christie Road between the road and Roden Creek. The face of
the retaining wall will be approximately 15 feet high and will be located
approximately 5 feet from the edge of the road and 15 feet from the top of bank of
Rodeo Creek. The wall will be approximately 295 feet long and the nails for the wall
will be installed in five rows with each soil nail extending approximately 25 feet long
perpendicular to and underneath the roadway and ::continuing into the adjoining
owner's (The Burlington Northern &' Santa Fe Railway Co.) right of way.
The existing road is the only access to several homes beyond the project site.
Christie Road must remain open and viable at all times to ensure that the further
sliding; of the roadway does not isolate residents or restrict emergency service
access. At least'one lane of Christie Road andfor additional area immediately
adjacent to Christie Road will be open at all times for through traffic during
construction_
The Right of way necessary for the project is located both east and west of the
existing roadway easement. An area west of the existing easement will be used to
temporarily accommodate the contractor in order to construct the soil nail retaining'
wall and place the Bio-engineered slope stabilization required by the Fish and
Wildlife Service. An area east of the existing easement is needed to permanently
contain the subsurface soil mils.
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 project. The offers were based on an appraisal of the fair
market value of said property rights. Real Property staff is currently negotiating with
the owner of the subject property to acquire the required permanent'subsurface.
easement and the temporary construction easement:
Construction on the project is scheduled to start in July 2002. It is necessary for
Contra Costa County to exercise its power of eminent domain. This will not prevent
continued negotiations with the property owner.
On.June 27 2000,this Board APPROVED the proposed project and ADOPTED the
Mitigated Negative Declaration pertaining to the project that was published on May
, 2000 (CP#00-37').
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 Rall:
The Burlington Northern and Santa Fe Railway Company
c/o Marls Doran, Senior General Attorney
2650 Lou Mlenk Drive, AOB-3
Fort Worth, TX 76161
The Burlington Northern and Santa Fe Railway Company
c/o Shana Druffne, Attorney
P. 0 Box 961039
Fort Worth, Texas 76161-0039
This notice consisted of sending by first-class and certified mail on February 21, 2002, a
Notice of Intention which notified these owners that a hearing is scheduled for March 12
2002, at-11.00 a.m. in the Board's Chambers, a which time they may appear to be heard
on the matters referred to in the notice.
11. Scope of blearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
The existing road is the only access to several homes beyond the project
site. Christie Road must remain open and viable at all times to ensure that
the further slitting of the roadway does not isolate residents or restrict
emergency service access.
B. The project is lanned and located in the manner that will be most compatible
with the greatest public good and the least private iniury.
The proposed permanent subsurface easement lies between Christie Road
and along the Burlington Northern& Santa Fe Railway Company's operating
railway. The proposed temporary construction easement lies within Rodeo
Creek's bank. The right of way was chosen as the most beneficial location
with the intent to minimize impact to the property owner.
C. The property soar ht to be ac aired is necessary for the project,the property
to be acquired is determined necessary to provide for the improvements
described in Item 1, above,
D. The offer of compensation reuired by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
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 project. The offers were based on an appraisal
of the fair market value of said property rights. Real Property staff is
currently negotiating with the owner of the subject property to acquire the
required permanent subsurface easement and the temporary construction
easement.
111. 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 Beard Clerk to file a copy of this report.
LLL:
02-02\co20A christi
(Form updated 2116/00)
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.
D3
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY
The Beard of Supervisors, as the governing body of Centra Costa County, intends to
consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of
real property in the Martinez area, for Christie Road Slide Repair, a public improvement,
which property is more particularly described in Appendix"A"attached hereto. The Board
will consider the adoption of the Resolution at 11:00 a.m.and thereafter during its meeting
on March 12 2002 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.
x Maurice M. Shia
Public Works Director
HateE --
LLo:
Attachment
cc: Clerk of the Board
Christie Road (goad No. 2383)
Easement from B.N.S.F. iRailway Co.
For Slide Repair
File No.'MA 2383-81
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being-',a portion of the Rancho El Pinole, described as follows;
PARCEL I (Permanent Subsurface Easement
Commencing at a point on the southerly line of the 40.00 feet in width roadway
easement described in the deed f1rom the Atchison, Topeka and Santa Fe(A.T.&
S.F.) Railway Company, predecessor of the Burlington Northern Santa F
(B.N.S.F.)Railway Company,to the County of mantraCosta recorded May 26,1961,
In Book 3875 of Official Records at Page 62, at the most northwesterly comer of
Parcel ko. 1 described in the dead from A.T.&S.F.to Lindsey, recorded June 10,
1985 in Boole 12354 of Official Records.at Page 108, said point beim hereinafter
referred to as point 'KW; thence from said point of commencement, along the
northe* prolongation of the westerly line of said Lindsey'parcel, north 29*07'33*
east 403.032 feet to the northerly lino of said roadway easement(3875 OR 62)being
the Point of Beginning, thence from said Point of Beginning, along said northerly
easement line north 62°44''13"west 207.08 feet;thence north 29*07'33"east 27.37
feet to a paint which is 15.00 feet(measured perpendicular to)the centerline of the
existing railroad track, thence parallel with said centerline, south 60°62'27" east
206.97 feet;thence leaving said parallel line,south 29°07'33"west 29.63 feet to the
Point!of Beginning.
Containing an area of 4,967 square feet of land more or less.
PARCEL.2(Cemporary Construction Basement)
A temporary easement to terminate on December 31, 2003, for construction
purposes and incidents thereto, upon, over, and across the following described
parcel of land:
Beginning at point"A"as described in Parcel°1 above;thence along said Lindsey
westerly fine(12.354 OR 108),south 29°07'33"west 49.35 feet,them leaving said
westerly line, north 60"'5227"west 2036.97 feet,thence north 29°07'33'east 42.61
1
feet to a paint on the-southerly line of said roadway easement(3875 OR 62);thence
along said southerly line,south 62°44'1 W east 207.08 feet to the Point of Beginning.
Containing an area of 9,616 square feet of lard more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
e
Signature: ,
Llcensed L nd urveyor � �
Centra Costa County Public Works EV 9
Date.
FMA
w .
PUBLIC WORKS DEPARTMENT
CONTRA COSTACOUNTY
DATE: February 27, 2002'
TO: Board of Supervisors
FROM: Maurice M Shiu, Public Works Director
SUBJECT: Report Re Christie Road Slide Repair- Martinez 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 Martinez area for the construction of a soil nail
retaining wall,and set March 12,2002, 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 Proiect The Contra Costa County Public Works Department is working
towards correcting a slide that is occurring along Christie Road, approximately 1.1''
miles south of Highway 4 in the Hercules Area. The slide area is an imminent threat
to Christie Road and there is no suitable area to relocate the road away from the
sloughing bank. To prevent further erosion of the roadway into the creek, it is
proposed that the slide be repaired by constructing a soil nail retaining;. wall'
longitudinally along Christie Road between the road and Rodeo Creek. The face of
the retaining wall will be approximately 15 feet'' high and will be located'
approximately 5 feet from the edge of the road and 15 feet from the top of bank of
Rodeo Creek. The wall will be approximately 295 feet long and the nails for the wall
will be installed in five rows with each soil nail extending approximately 25 feet long
perpendicular to and underneath the roadway and continuing into the adjoining
owner's (The Burlington'Northern &„Santa Fe Railway Co.) right of way.
The existing road is the only access to several homes beyond the project' site.
Christie Road must remain open and viable at all times to ensure that the further'
sliding of the roadway does not isolate residents or restrict emergency service
access. At least one lane of Christie Road and/or additional area immediately
adjacent to »Christie Read will be open at all times for through traffic during
construction,
The Right of way"necessary for the project is located both east and wrest of the
existing roadway easement. An area west of the existing easement will:be used to
temporarily accommodate the contractor in order to construct the soil nail retaining
wall and place the Bio-engineered'slope stabilization required by the Fish and
Wildlife Service. An area east of the existing easement is needed to permanently
contain} the subsurface soil nails.
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 project. The offers were based on an appraisal of the fair
market'value'of said property rights. 'Real Property staff is currently negotiating with
the owner of the subject property to acquire the required permanent subsurface
easement and the temporary construction"easement.
Construction on the project is scheduled to start in July 2002. It is necessary for
Contra Costa County to exercise its power of eminent domain. This will not prevent
continued negotiations with the property owner:
On June 27,2000,this Beard APPROVED the proposed project and ADOPTED the
Mitigated Negative Declaration pertaining to the project that was published on May
8, 2000 (CP00-37).
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:
The Burlington Northern and Santa`Fe Railway Company
c/o Mark Doran, Senior General Attorney
2650 Lou Menk Drive, AOB-3`
Fort Worth,'TX 76161
The Burlington Northern and Santa Fe Railway Company
c/o Shana Druffne, Attorney
P. O. Box 961039
Fort Worth, Texas 76161-0039
This notice consisted of sending by first-class and certified mail on February 21, 2002, a
Notice of Intention which notified these owners that a hearing is scheduled for March 12,
2002, at`11:001 a.m.'in the Board's Chambers, at which time they may appear to be heard
on the matters referred to in the notice.
If. Scone of Hearing Per C.C.P. Section 1245.235
A. Public'Interest and Necessitv require the proposed proiect.
The existing road is the only access to several homes beyond the project
site. Christie Road must remain open and viable at all times to ensure that
the further sliding of the roadway does not isolate residents or restrict'
emergencyservice access:
B. The proiect is planned and located in the manner that will be most compatible
With the greatest public gond and the least private'iniurv.
The proposed permanent subsurface easement lies between Christie Road
;and along the Burlington Northern&Santa Fe railway Company's operating
railway. The proposed temporary construction easement lies within Rodeo
Creek's bank. The right of way was chosen as the most beneficial location
.with the intent to minimize impact to the property owner.
C. The property sought to be acquired::is necessary for the project,the property
to be <acquired is determined necessary to provide for the improvements
described in Item 1, above.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
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 project. The offers were based on an appraisal
of the fair market value of said property rights. Real Property staff is
currently negotiating with the owner of the subject property to acquire the
required permanent subsurface easement and the temporary construction
easement:
111. 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.
LLO
02-021co24A_christie,
(Form updated 2116/00)
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.
D3
NOTICE OF INTENTION TO ADAPT 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 Martinez area, for Christie Road Slide Repair, a public improvement,
which property is more particularly described in Appendix"A" attached hereto. The Board
will consider the adoption of the Resolution at 11:00 a.m. and thereafter during its meeting
on March 12, 2002 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.
�w
Maurice M. Shiu
Public Works Director
Date `
LLo:
02-021001 A chdsite'
Affachmenf
cc: Clerk of the Beard
Christie'Road'(Road No. 2383
Easement from B.N.S.F. Railway Co.
For Slide Repair':
File No. MA 2383--01
APPENDIX "A,
Real property in an unincorporated area of the County of Contra Costa, State of
California, gang a porion of the Rancho El Pinole, described as follows:
PARCEL I (Permanent Subsurface Easement)
commencing at a paint on the southerly line of the 40.00 feet in width roadway
easement described in the deed from the Atchison, Topeka and Santa Fe (A-T.&
S.F.) Railway Company, predecessor of the Burlington Northern Santa Fe
(B.N. .1=.)Railway Company,to the County of Contra Costa recorded May 25,1961,
In Bock 3875 of Official Records at Page 62, at the most northwesterly corner of
Parcel No. 1 described in the deed from A.T.&S.F.to Lindsey, recorded June 10,
1985 in Sock 12364 of official Records at Page 108, said point being hereinafter"
referred to as point 'W; thence from said point of commencement along the
nortldy prolongation of the westerly line of said Lindsey parcel, north 23#07'33"
east 49.02 feet to the northerly line of said roadway easement(3875 OR 62)being
the Paint of Beginning; thence from said Point of Beginning, along said northerly
easement tine north 62°44'9 8*west 207.08 feet,thence north 29°437'33"east 27.37
feet to a pont which is 15.00 feet(measured perpendicular to)the centerline of the
existing railroad track; thence parallel with said centedinc , south 60°5277" east
206.97 feet,thence leaving said parallel line,south 29*Or33"west 20.63 feet to the
Point of Beginning.
Containing an area of 4,967 square feetof land more or less.
PARCEL 2 (Temr%nrary Construction Easernentl:
A temporary easement, to terminate on December 31, 2003, for construction
purposes and incidents thereto, upon, over, and across the following described
parcel of land:
Beginning at point"A"as described in Pard 1 above;thence along said Lindsey
westerly line(12354 OR 108),south 29°07'33"west 49.35 feet;thence leaving said
westerly line,north 60"52'27'"west 2436.97 feet,thence north 29x07'33"east 42.61
feet to a paint on the southerlyfine of said roadway easement(3875 OR 62);thence
along said southerly line,south 62"44'1 W east 207.08 feet tothe Point of Beginning.
Containing an area of 9,516 square feet of land more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: s
l..icensed nd uiveyorc`
Contra Costa County Public Works ,
6571
Date: .
doe
_ 2
Christie Road(Road No. 2383)
Easement from B.N.S.F. Railway Co.
For Slide Repair
File No. MA 2383-01
APPENDIX "A'
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the Rancho EI Pinole, described as follows:
PARCEL I.(PertnanentlSubsurface Easement)
Commencing at a point on the southerly line of the 40.00 feet in width roadway
easement descried in the deed from the Atchison, Topeka and SantaFe (A.T.&
S.F.) Railway Company, predecessor of the Burlington' Northern Santa Fe
(B.N.S.F.)Railway Company,to the County of Contra Costa recorded May 26,1901,
In Book 3875 of Official Records at page fit, at the most northwesterly comer of
Parcel No. 1 described in the deed from A.T.&S.F.to Lindsey, recorded June 10,
1985 in'Book 12354 of Official Records at Page 108,said point being hereinafter
referred to as point "A'°, thence from said point of commencement, 'along the
northerly prolongation of the westerly line of said Lindsey parcel, north 29'07'33"
east 40.02 feet to the northerly line of said roadway easement(3875 OR 62)being
the Point of Beginning; thence from said Point of Beginning, along said northerly
easement line north 62°44'18"west 207.08 feet;thence north 29°07'33'east 27.37
feet to a point which is 15.00 feet(measured perpendicular to)the centerline of the
existing railroad track; thence parallel with said centerline, south 60'52'27"east
206.97 feet;thence leaving said parallel line,south 29*07'3T west 20.63 feet to the
Paint of Beginning.'
Containing an area of 4,967 square feet of land more or less.
PARCEL 2 (Ternpowy Construction Easement)
A temporary easement,.to terminate on December 31, 2003, for construction
purposes and incidents thereto, upon, over, and across the following described
parcel of land':
Beginning at point"A"as described in Parcel 1 above; thence along said Lindsey
westerly line(12354 OR 108),south 29°07'83"west 49.35 feet;thence leaving said
westerly line,north 60*52'27"west 206.97 feet;thence north 29°07'33"east 42.61
d
t
feet to,a point on the southerly tine of said roadway easement(3875 OR 62);thence
along;said southerly line,south 62°44'18"east 207.08 feetto the Point of Beginning.
Containing an area of 9,516 square feet of land more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
4&
Signature: s
Licensed L nd gu—rveyof �rL�
Contra Costa County Public Worms
date: L&rpt