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Home My WebLink AboutMINUTES - 06032003 - SD5 TO: BOARD OF SUPFRV ISORS `+ + Contra FROM: Maurice M. Shiu, Costa Public Works Director �� .s - .. DATE: May 14, 2003 r °ry . County SUBJECT: Christie Road Realignment— Martinez Area SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONSIDER and ACCEPT recommendations in staff report attached hereto. ADOPT Resolution No. 2003/344 in the form attached hereto. REASONS FOR RECOMMENDATION/BACKGROUND: See attached staff report. CONSEQUENCES OF NEGATIVE ACTION: CONTINUED ON ATTACHMENT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S).-"------4J' ACTION OF BOARt)ON APPROVED AS IiEdOMMENDED [a] OTHER [� VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT ?�'A {4 ) ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. AY ABSENT: ABSTAIN: ATTESTED: Jeune 3,2003 <`�,',"' 1eK�-� 4i?- 3tsf ri? yam. Contact: or yens(313 X224} JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: Auditor-Controller CAO County Counsel ' By: Deputy Public Works-Real Property PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: May 14, 2003 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Report Re: Christie Road Realignment® 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 realignment of Christie Road, and set June 3, 2003, 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. I. Proposed Proiect: The Contra Costa County Public Works Department is working towards protecting the roadway from slide activity that is occurring along Christie Road, approximately 1.2 miles south of Highway 4 in the Martinez Area. Two slide areas are an imminent threat to Christie Road and there is suitable area to relocate the road away from the sloughing banks. To prevent further loss of the roadway into the creek, it is proposed that 575 linear feet of roadway be realigned away from Rodeo Creek and 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 further loss 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 Road will be open at all times for through traffic during construction. 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 surface easement. Construction on the project is scheduled to start in July 2003. 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 8, 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 Roll: The Burlington Northern and Santa Fe Railway Company c/o Mary Nan 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 Druffner, Attorney P. O. Box 961039 Fort Worth, Texas 76161-0039 This notice consisted of sending by first-class and certified mail on May 14, 2003, a Notice of Intention which notified these owners that a hearing is scheduled for June 3, 2003, 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 Hearinq 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 further loss of the roadway does not isolate residents or restrict emergency service access. B. The proiect is planned and located in the manner that will be most compatible . with the greatest public good and the least private injury. The proposed permanent easement lies east of Christie Road and along the Burlington Northern & Santa Fe Railway Company's operating railway. 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 easement. 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. LLO: 03-05\co20A Christie (Form updated 2/16/00) Attachment: Site Photos 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.