HomeMy WebLinkAboutMINUTES - 03122002 - SD5 I THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
2 AS EX-OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
_3
4 Re: Condemnation of Property )'
for Flood Control ) RESOLUTION OF NECESSITY
5 Purposes ) No. 2002/134 ;
Antioch/Oakley Area ) (C.C.P. § 1245.230)
6 )
7
8 The Board of Supervisors of Contra Costa County,California,as ex-officio governing body
9 of the Contra Costa County Flood Control and Water Conservation District,by vote of two-thirds
10 or more of its members,RESOLVES that:
1'1 Pursuant to Water Code,Appendix Section 63-5(West's)and Water Code,Uncodified Acts,
12 Act 1656, Section 5 '(Deering's), Contra Costa County Flood Control and Water Conservation
13 District intends to construct'a flood control channel project,a public improvement for flood control
14 purposes, including the construction of a 66 inch storm drain in the Antioch/Oakley area, and, in
15 connection therewith,acquire interests in certain real property.
16 The property to be.,:acquired consists of one (1) parcel and is generally located in the
17 Antioch/Oakley area.: The said property is more particularly described in Appendix"A", attached
18 hereto and incorporated herein by this reference.
19 On February 25,2002,notice of the County's'intention to adopt a resolution of necessity for
20 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
21 whose names appear on the last equalized County Assessment Roll as owners of said property. The
22 notice specified March 12,' 2002, at 9:30 a.m. in the Board of Supervisors Chambers in the
23 Administration Building,651 Pine Street,'Martinez,California,as the time and place for the hearing
24 thereon.
25 The hearing was held at that time and place, and all interested parties were given an
26 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
27 hereby declares the following:
28 1. The public interest and necessity require the proposed project; and
RESOLUTION NO. 2002/134 1
1 2. The proposed project is planned and located in the manner which will be most
2 compatible with the greatest public good and the least private injury; and
3 3. The property described herein is necessary for the proposed project; and
4 4. The offer required by section 7267.2 ofthe Government Code was made to the owner
5 or owners of record; and
6 5. That insofar as any of the property described in this resolution has heretofore been
7 dedicated to the .public use for public purposes, the acquisition and use of such
8 property by the Contra Costa County Flood Control'and"Water Conservation District
9 for flood control purposes is for a more necessary'public use than the use to which
10 the property has already been appropriated or a compatible public use. This
11 determination and finding is made and this resolution is adopted pursuant to Code of
12 Civil Procedure sections 1240.510 and 1240.610; and
13 6. The Final Environmental Impact Report for Drainage Area 56,which was certified
14 by the Board of Supervisors on January 5, 1982,addressed the environmental effects
15 of the proposed project.
16 The District's counsel is hereby AUTHORIZED and EMPOWERED:
17 To acquire in the name of the Contra Costa Flood Control and Water Conservation District,
18 by condemnation, the titles, easements and rights of way hereinafter described in and to said real
19 property or interest(s)therein,in accordance with the provisions for eminent domain in the Code of
20 Civil Procedure and the Constitution of California:
21 Parcel 1 is to be acquired as a permanent easement for drainage purposes.
22 To prepare and prosecute in the District's name such proceedings in the proper court as are
23 necessary for such acquisition;
224 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
25 court for an order permitting the District to take immediate possession and use said real property for
26 said public uses and purposes.
27 Il!
28 /fJ
RESOLUTION NO. 2002/134 2
I PASSED and ADOPTED on March 12 2002,by the following Grote;
2 AYES: MwasW UnKm, Wit, DMqffjjM, Mom Am GIOIA
3 NOES- 'NW
4 ABSENT: i
5 ABSTAIN: i
6
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 Board on the date indicated above.
10
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15 Orig. Dept: Public Works Department(R/P)
Contact:' Carla Peccianti(313-2222)
16 Auditor-Controller'
17 County Counsel (Certified Copy)
18
19 1ACLERCONDEMMUnion Pac RNwpd.wpd i hereby certify that this is a true and correct
copy of an action'taken and entered on the
20 minutes of the Board of Supervisors`on the
date shown,
21 ATTESTED';
JOHN SWEETEN, Cierk of the Board
22 of Sup rvisors and/Pounty Administrator
23 By Deputy
24
25
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RESOLUTION NO. 2002/134 3
Y PUBLIC WORKS DEPARTIl EN`�. " * `
CONTRA COSTA COUNTY'
DATE: February 25, 2002
TO: Board of Supervisors
FROM: Maurice M. Shiu, Chief Engineer'
SUBJECT: Report Re: Condemnation Hearing, March 12, 2002 DA56 Line Z' Crossing
of UPRR near Neroly Road, between the cities of Antioch and Oakley,
Project No. 7566-6D-8470
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 Antioch/Oakley area for the construction of a
66" concrete storm drain and set March '12, 2002, at 9:30 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 City of Antioch has required KB Home to install a stormdrain
under the UPRR property in order to serve their subdivision, as well as regional
drainage, including a portion of the SR4 bypass. The pipe to be installed is a
Drainage Area 56 'zone line, and the cost of the construction and right of way
acquisition will be born by KB Home. The District has taken the lead on this
acquisition at the request of the City and the developer.
Permanent rights are needed across the railroad to allow construction of a 66"
concrete storm drain. This would be installed parallel to an existing storm drain,
which was installed in the 1980's as a Flood Control Project. Acquisition for both
easements was attempted, and were actually shown on the plans as easements, but
further research reveled that only an indenture covering one pipe was ever granted,
Contra Costa ;Flood Control and Water Conservation District, 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 rights.
Construction on the project is scheduled to start in Spring of 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. Pursuant to Section 1245.235 of the .
Code of Civil Procedure, notice was give 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, March 12
2002 at 9:30 a.m. and thereafter in the Board's Chambers, at which time they may
appear to be hear.. jn the matters referred to in tate note.. ... As shown on iExhibit "A"
This notice consisted of sending by first-class and certified mail on February 25,2002,
a Notice of Intention which notified these owners that a hearing is scheduled for
March 12, 2002, at 9:30 a.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice;
Il. Scope of Nearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity' require the ro cased project.
The storm drain is being required by the City of Antioch in order for KB Home
to develop their new subdivision, because the existing storm drain will not
handle additional drainage.
B. The ro`ect is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private injury,
The location of the storm drain is adjacent to a storm drain that the County
acquired an indenturefrom Southern Pacific Railroad on March 1, 1988:
The alignment chosen is the most beneficial route with intent to minimize the
impacts on surrounding property owners.
C. The property sought to be acquired is necessary for the project,
The property rights being acquired were determined to be necessary to
provide for the improvements described in Item 1, above:
D. The offer of compensation required bv Section 7267.2 of the Government'
Code has been made to the owner or owners of record.
The offer was made in writing and sent to Union Pacific Railroad Company ;
on February 14, 2002: by certified mail:
111 lecomended Action
A. Board to ask if any notified property owners wish to be heard as to the four
items specified in Section ll 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, C, and D
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.
CP:9pp
G:1Gr,pDataiRealProptCariia\CO20A.M UPRR-Ne€oly.doc
(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.
Exhibit „A„
COMPANY/PERSON STREET ADDRESS CITY, STATE, ZIP CODE
Union Pacific Railroad 1800 Farnham Street Omaha, ISE 68102
c/o Mary Hauschild
-PUBLIC WORKS
DEPARTMENT
CONTRA COSTA COUNTY
DATE: February 25, 2002
TO: Board of Supervisors
FROM: Maurice M. Shiu, Chief Engineer
SUBJECT: Report Re: Condemnation Hearing, March 12, 2002 DA56 Line Z1 Crossing
of UPRR near Neroly Road, between the cities of Antioch and Oakley,
Project,No. 7566-6D-8470
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 Antioch/Oakley area for the construction of a
66" concrete storm drain and set March 12, 2002, at 9:30-.a.m. as the date and time
affected owners may appearand 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 Proiect—The City of Antioch has required KB Home to install a storm drain
under the UPRR property in order to serve their subdivision, as well as regional
drainage, including a portion of the SR4 bypass. The pipe to be installed is a
Drainage Area 56 zone line, and the cost' of the construction and right of way
acquisition will be born by KB Home. The District has taken the lead on this
acquisition at the request of the City and the developer.
Permanent rights are needed across the railroad to allow construction of a 66"
concrete storm drain. This would be installed parallel to an existing storm drain,
which was installed in the '1980's as a Flood Control Project. Acquisition for both
easements was attempted,'and were actually shown on the plans as easements, but
further research reveled that only an indenture covering one pipe was ever granted.
Contra Costa ;Flood' Control and Water Conservation District, 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 rights.
Construction on the project'is scheduled to start in Spring of 2002. Itis necessary for
Contra Costa County to exercise its power of eminent domain. This will not prevent
continued negotiations with the property owner. Pursuant to Section 1245.235 of the
Code of Civil Procedure, notice was give 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, March 12,'
200'2 at 9:30 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 notic+ . As shown on Exhibit"A"
This notice consisted of sending by first-class and certified mail on February 25, 20012,
a Notice of Intention which notified these owners that a hearing is scheduled for
March 12 2002, at 9:301 a.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
11. Scope of Hearing Per C.C.P. Section; 1245.235
A. Public Interest and Necessity require the proposed project<
The storm drain is being required by the City of Antioch in order for KB Home
to develop their new subdivision, because the existing storm drain will not
handle additional drainage.
B. The project is planned and located in the manner that will be most compati-
ble with the greatest public goad and the least private injury,
The location of the storm drain is adjacent to a storm drain that the County
acquired an :indenture from Southern Pacific Railroad on `March 1, 1988.'
The alignment chosen is the most beneficial route with intent to minimize the
impacts on surrounding property owners.
C. The property sought to be acquired is necessary for the project.
The property rights being acquired were determined to be 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.
The offer was made in writing and sent to Union Pacific RailroadCompany
on February 14, 2002 by certified mail.
Ill. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the four
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, C, and D
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.
CP;gpp
G:\GrpData\RealProp\Caria\CO20A.M U PRR-Neroly.doc
(Farm updated 2/16/00)
cc. County Administrator's Office
County Counsel
Real Property
Board Clerk-If approved by the Board,please file a copy of this reportinyour records.
Exhibit "A„
COMPANY/PERSON STREET ADDRESS CITY, STATE, ZIP CODE` .
Union Pacific Railroad 1800 Farnham Street Omaha, NE 68102
c/o Mar Hau c ild