HomeMy WebLinkAboutMINUTES - 06222004 - C.15 TO: Board Of Supervisors,as the Governing Body of the Contra Costa County Flood Control and Water
Conservation District
FROM: MAURICE M. SHIU,CHIEF ENGINEER
DATE: Tune 22, 2004
SUBJECT: APPROVE and ACCEPT Right Of Entry From Sportsmen Inc. Antioch Area. District V.
[CP#03-62]
Project No. 6138468
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE and ACCEPT the Right of Entry from Sportsmen Inc.
B. AUTHORIZE the Chief Engineer, Flood Control &Water Conservation District(District), or designee,
to execute said Right of Entry on behalf of the District.
II. Fiscal lmpact:
Funded by Drainage Area 29G Funds(100%)
III. Reasons for Recommendations and Background:
The purpose of the project is to replace failed sections of Drainage Area 29G, Line A within the District storm
drain easements.
The proposed project consists of the replacement or reconstruction of existing structures or facilities in the
same location and with the same purpose and capacity as the facility replaced or reconstructed involving
negligible expansion of capacity. The project will not result in the removal of any scenic resources.
IV. Consequences of Negative Action:
Non-concurrence of the above recommendation will delay repair of the failing sections of the storm drain,
which is required to provide drainage for theinage Area 29G watershed.
�7Continued on Attachment: SIGNATURE:
e-RECOMMENDATION OF COUNTY AD IST TOR r
_RECOMMENDATION OF BOARD CO ITTE
_,APPROVE OTHER
SIGNATURE(S):
ACTION OF ON APPROVED AS RECOMMENDED OTHER
JUNE 22, ?'fl
VOTE OF StRVISORS l hereby certify that this is a true and correct
xx UNANIMOUS(ABSENT I & V } copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
G:\GrpData\Rca]Prop\2004-Filcs\BOS&RES\BO Sportsmen Ine.doc ATTESTED: JUNE 22, 2004
Orig.Div. Public Works(RIP) JOHN SWEETEN,Clerk of the Board of
Contact:Olivia D.Reynolds(313-2306) Supervisors and County Administrator
Cc: Auditor-Controller(via RIP) BY AW4! Deputy
P.W.Accounting
Recorder(via RIP)
Board Orders Clerk Specialist,Adm.
R b6/08/04 TUE 07:18 FAX 2002
From: 06/06/2004 07:10 #012 P'.002/003
RIGHT OF ENTRY
Contra Costa County
Flood Control & Water Conservation district
Public Works Department
Real Property Division Project: DA29G, Line A Storm Drain Repair
255 Glacier Drive Project No.: 6136466
Martinez, CA 94553 Parcel: 051-040-065
Effective September 1, 2004, permission is hereby granted by Sportsmen Inc. to Contra
Costa County Flood Control and Water Conservation District (District), its employees,
contractors,agents and assigns to enter upon Sportsmen Inc,land,as outlined on the reap
attached hereto and made a part hereof, for the purpose of replacing failed sections of
storm drain lines for DA29G, Line A within the District's storm drain easements and
accomplish all necessary incidents thereto.The failed sections are allowing water and backfill
material to enter into the pipe, therefore causing failures of the private roadway located
above the pipe. The project consists of road excavation, trench shoring and protection,
removing and replacing a 46-inch pipe, installing additional manhole structures, diverting
storm drain flow around the repair site(s), backfilling and grading to conform, installing
pavement sections, construction area signs, and offsite disposal of all removed materials,
adjusting utilities, manholes, and drainage inlets. One lane will remain open at all times
during construction to and from Sportsmen's property.The majority of construction will occur
within the district's easement shown on Exhibit"A" attached.
It is understood that this permission is not a waiver in any way of the right to compensation
for such land or of any remedy authorized by law to secure payment therefor.
This permission is granted on the understanding that you will hereafter without unneces-
sary delay negotiate with the undersigned, and any other person, if any, having any right,
title or interest in said property, to agree upon terms of compensation, and that, if any
agreement cannot be reached,you will promptly commence eminent domain proceedings
to have such compensation determined.
This permission its granted in consideration of the location, improvement and construction
of such facilities and incidents thereto, including the area shown on the attached map for
vehicular/equipment turn around space,which it is understood Is required by the District,
and shall continue in effect until all property rights required for the project have been
acquired or until a reasonable time after you have been requested by the undersigned to
commence eminent domain proceedings.
Section 1245.235 of the Code of Civil Procedures requires the Contra Costa County Board
of Supervisors, as the governing body of the District,to give each person whose property is
to be acquired by eminent domain notice and a reasonable opportunity to appear before
the Board of Supervisors and be heard on the matters referred to in Section 1240.030,
1240.510 and 1240.610 of the Code of Civil Procedure, which provides that the power of
eminent domain may be exercised to acquire property for a proposed project only if all of
the following are established:
06/08/04 TO 07.18 FAX 001
From: 06/08/2004 07:10 4012 P.003/00
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has
been made to the owner or owners of record.
(e) And, where some of the property to be acquired is appropriated to a
public use,that the proposed use is a more necessary public use than
the use to which the property is now put, or a compatible public use.
By granting this right of entry to the District,Sportsmen Inc., hereby waives its right
to appear and be heard on the foregoing matters. Sportsman Inc. agrees that the
District can establish the truth of the above listed matters, and will not contest the
adoption of a Resolution of Necessity by the District's Board of Supervisors (under
,Section 1245.255 of the Code of Civil Procedure), It is understood that the issues
which will be determined in any subsequent eminent domain proceeding will be
limited to those of Just compensation as they relate to the property covered by this
agreement and no issues will be raised therein or in preliminary proceedings thereto
challenging the public use or necessity of the project, or the utilization of the
property covered by this right of entry.
It is understood that the District will pay interest on the just compensation paid from
the date of possession by the District. The rate of interest will be the rate of
earrings of the Surplus Money Investment Fund and computation will be in
accordance with Section 1268.350 of the Cade of Civil Procedure. Interest will be
computed to and including the date of deposit of compensation.
RECOMMENDED R APPROVAL Very truly your 7.
BY
CJlivia D. Reynold Dave Se-
Ivy-Assistant Deal Property Agent Commodore
ACCEPTED;
CONTRA COSTA COIN
FLOOD CONTROL & W TE
CONSE VATION D S IC
4
By
M ' iitx . Shiu
Chief ginger
Dated: /L `
G.\Grpoata\ReeCPropioiivtalDA2OG Line A Storm Drain Repair%PR.01&doc