HomeMy WebLinkAboutMINUTES - 07132004 - SD.7 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: July 13, 2004
SUBJECT: State Route 4 East — Bailey Road to Railroad Avenue Soundwall Project.
Pittsburg area. District V.
Project No. 4660-6X4258 Task: ACC! Account No: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. OPEN the public hearing and ask if any notified property owners wish to be
heard as to the four items specified in Section III.B below, CLOSE Public
Hearing.
B. Upon completion and closing of the hearing, MAKE the findings and
determinations listed under III.B below and ADOPT the attached Resolution
of Necessity to acquire the required property by eminent domain.
11. Financial lmpact:
In eminent domain actions the judgment will be the price paid for the property, and
may include court costs which are regarded as a roughly calculable expense of
property acquisition. Costs of acquisition in this case are 100% reimbursable from
the Contra Costa Transportation Authority (OCTA).
Continued on Attachment: X SIGNATURE:
COMME DATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE ,OTHER
SIGNATURE(S):
ACTIONOFBOARqON S , ' c' , APPROVED AS RECOMMENDED
OTHER 9
VOTE OF SUPERVISORS
XUNANIMOUS (ABSENT
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Fy 9
RDB:CS:eh ATTESTED:
G:\RealPropl2004-Fiies\BOS&RES\CO.01Condemn Hearing Board OrderSoundwali.doc JOHN SWEETEN,Clexi(of the Board of
Orig.Div:Public Works(R/P) Supervisors nd County Administrator
Contact: Ron Babst(313-2226)
cc: County Administrator
Auditor-Controller(vie RIP) By Y Deputy
County Counsel(certified copy of Resolution)
P.W.Accounting
Recorder(via RIP)
Board Orders Clerk Specialist,Adm.
SUBJECT: State Route 4 East— Bailey Road to Railroad Avenue Soundwall Project.
DATE: July 13, 2004
Page: 2
III. Reasons for Recommendations and Background:
A. Proposed Project -
Contra Costa County, in cooperation with the Contra Costa Transportation
Authority (OCTA), intents to acquire right of way for a new soundwall that
is proposed for construction along the north side of State Route 4 between
Mariner Court and Bernauer Drive (Sta. 195 to 210), in the Pittsburg area.
On January 6, 2004 this Board approved the property acquisitions for the
proposed project and adopted the Negative Declaration/Finding of No
Significant Impact pertaining to this project that was published in May of
1998, and directed the filing of a Notice of Determination. The Notice of
Determination was filed and posted January 7, 2004.
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:
Pacific Gas & Electric
PO Box 770000
San Francisco, California 94177
This notice consisted of sending by first-class and certified mail on June 15,
2004 a Notice of Intention which notified these owners that a hearing is
scheduled for July 13, 2004 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.
B. Scope of Hearing Per C.C.P. Section 1245.235
1. Public Interest and Necessity require the proposed project.
To provide noise mitigation relief to the adjacent homeowners, a
soundwall is proposed to be constructed.
2. The project is planned and located in the manner that will be most
compatible with the -greatest public good and the least private injury.
The proposed project was determined by a noise study conducted at
the request of the Contra Costa Transportation Authority. The project
only impacts one property owner and provides the greatest noise
abatement.
3. The property sought to be acquired is necessary for the project,
To provide the necessary noise mitigation determined by an evaluation
study in 2001, it was determined that this property was necessary for
the project.
SUBJECT: State Route 4 East— Bailey Road to Railroad Avenue Soundwail Project.
DATE: July 13, 2004
Page: 3
4. 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 offer was
based on the 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 Fee Title and Temporary
Construction Easements. An offer of just compensation was made to
the property owner on May 12, 2004.
IV. Consequences of Negative Action:
The County will be unable to acquire the property rights necessary for the
project.
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 Bailey } No. 2004/3 5 5
Road to Railroad Avenue } (C.C.P. § 1245.230)
5 Soundwall Project }
Pittsburg Area }
6 }
7
The Board of Supervisors ofContra Costa County,California,by vote oftwo-thirds or more of
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its members,RESOLVES that:
9
Pursuant to Government Code section 25350.5 and Streets&Highways Code section 943,
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Contra Costa County intends to construct a soundwall public improvement on the north side of State Route
11
4 between Bailey Road and Railroad Avenue in the Pittsburg Area,and,in connection therewith,acquire
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interests in certain real property.
13
The properties to be acquired consist of four(4)parcels and are generally located in the Pittsburg
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area. The said properties are more particularly described in Appendix "A", attached hereto and
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incorporated herein by this reference.
16
On June 15,2004,notice ofthe County's intention to adopt a resolution ofnecessity for acquisition
17
by eminent domain of the real property described in Appendix"A"was sent to persons whose names
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appear on the last equalized County Assessment Roll as owners of said property. The notice specified July
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13,2004,at 9:30 a.m.in the Board of Supervisors Chambers in the Administration Building,651 Pine
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Street,Martinez, California, as the time and place for the hearing thereon.
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The hearing was held at that time and place,and all interested parties were given an opportunity
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to be heard and based upon the evidence presented to it,this Board finds,determines and hereby declares
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the following:
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1. The public interest and necessity require the proposed project; and
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2. The proposed project is planned and located in the manner which will be most compatible
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with the greatest public good and the least private injury; and
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3. The property described herein is necessary for the proposed project; and
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RESOLUTION NO. 2 0 0 4/3 5 5
1 4. The offer required by section 7267.2 ofthe Government Code was made to the owner or
2 owners of record; and
3 5. That insofar as any of the property described in this resolution has heretofore been
4 dedicated to the public use forpublic purposes,the acquisition and use of such property
5 by Contra Costa County for highway purposes is for a more necessary public use than the
6 use to which the property has already been appropriated or a compatible public use. This
7 determination and finding is made and this resolution is adopted pursuant to Code ofCivil
8 Procedure sections 1240.510 and 1240.610; and
9 6. Can January 6,2004,this Board approved the property transactions associated with the
10 proposed project and adopted the Negative Declaration/Finding ofNo Significant Impact
11 pertaining to this project that was published in May 1998.
12 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED.
13 To acquire in the County's name,by condemnation,the titles,easements and rights of way
14 hereinafter described in and to said real property or interest(s)therein,in accordance with the provisions
15 for eminent domain in the Cade of Civil Procedure and the Constitution of California:
16 Parcels 1 and 2 are to be acquired in fee title.
17 Parcels 3 and 4 are to be acquired as temporary easements.
18 To prepare and prosecute in the County's name such proceedings in the proper court as are
19 necessary for such acquisition;
20 To deposit the probable amount ofcompensation,based on an appraisal,and to apply to said court
21 for an order permitting the County to take immediate possession and use said real property for
22 said public uses and purposes.
23 ///
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25 /lI
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RESOLUTION NO. n i s
I PASSED and ADOPTED on July 13, 2004,by the following vote:
2 AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER andGLOVER
3 NOES: None
4 ABSENT: None
5 ABSTAIN: None
6
7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed and
8 adopted by the vote of two-thirds or more ofthe Board of Supervisors ofContra Costa County,California,
9 at a meeting of said Board on the date indicated above.
10 i hereby certify that this is a true and correct
copy of an action taken and entered on the
11 minutes of the f3oaqd of supervisors on the
date shown.
12 ATTESTED:
JOHN teri_of the Board �
13 of Sufis cors and County,fidminis for
14 By ---' "
15 Orig. Dept: Public Works Department(R/P)
Contact: Ron Babst(313-2226)
16 Auditor-Controller
17 County Counsel (Certified Copy)
18
19
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22 1-ACondemnation Forms\Resolution of Necessity(Bailey Rd soundwall).w?d
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RESOLUTION NO. 2004/355
City of Pittsburg 04-CC-Route 4XP 34.7
County of Contra Costa Pacific Gas and
Electric Company
56694
Page 1 of 3
Appendix "A"
Parcel 1 (56694-8) FEE
Real property in the City of Pittsburg, Contra Costa County, California, being a portion of the
parcel of land described in the deed to Pacific Gas and Electric Company, a California
corporation recorded January 31, 1962 in Liber 4047 at page 278, Official Records, Contra
Costa County, said portion being more particularly described as follows:
COMMENCING at the western terminus of that course described in the above referenced deed
to Pacific Gas and Electric Company as "north 89° 39'west 2992.6 feet to a 6 inch by 6 inch
concrete highway monument" said point also being on the northern right-of-way line of State
Route 4; thence along the general southern line of the land described in said deed and the
northern right-of-way line of State Route 4 N85048'1 8"W, 39.758 meters to the TRUE POINT OF
BEGINNING said point of beginning also being the most western corner of the parcel described
as Parcel 56694-1 in the Final Order of Condemnation No. C99-01369 to Contra Costa County,
dated May 18, 2000; thence continuing along last said line N85'48'1 8"W, 5.136 meters; thence
leaving last said line N88°28'33"E, 18.432 meters; thence along a tangent curve to the right
having a radius of 1710.765 meters through a central angle of 2°45'08" an arc distance of
82.178 meters; thence S88°46'19"E, 36.452 meters; thence S01°13'41"W, 0.460 meters to a
point on the general northern line of the above referenced Parcel 56694-1 as described in said
Final Order of Condemnation No. C99-01369; thence along the last said line N88'46'1 9"W,
36.452 meters and along a tangent curve to the left having a radius of 1710.305 meters through
a central angle of 03°11'55" an arc distance of 95.477 meters to the True Point of Beginning.
Containing 62.2 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to
grantor's remaining property, in and to said freeway.
Parcel 2 (56694-9) FEE
Real property in the City of Pittsburg, Contra Costa County, California, being a portion of the
parcel of land described in the deed to Pacific Gas and Electric Company, a California
corporation recorded January 31, 1962 in Liber 4047 at page 278, Official Records Contra Costa
County, said portion being more particularly described as follows:
COMMENCING at the southeastern corner of the land described in the above reference deed,
said point of commencement being located on the northern right-of-way line of State Route 4;
thence along the eastern line of said deed N01°12'1 VE, 4.360 meters to the northeastern corner
of the parcel described as Parcel 56694-1 in the Final Order of Condemnation No. C99-01369 to
Contra Costa County, dated May 18, 2000; thence along the general northern line of last said
parcel N88016'20"W, 39.232 meters to the TRUE POINT OF BEGINNING; thence continuing
along last said line N88°16'20"W, 21..469 meters and N88"46'1 9"W, 393.849 meters; thence
leaving last said line N01°13'41"E, 0.458 meters; thence S88'46'1 9"E, 49.003 meters; thence
N01013'41"E, 0.300 meters; thence S88"46'1 9"E, 122.065 meters; thence S01°13'41"W, 0.300
meters; thence S88°46'19"E, 222.782 meters; thence S88°16'20"E, 21.471 meters and
S01°43'40"W, 0.458 meters to the True Point of Beginning.
Q:11994194020061W P`,56694-8,9,10,11.doc
. City of Pittsburg '
04-CC-Route 4.KP 34.7
County of Contra Costa Pacific Gas and
Electric Company
56694
Page 2 of 3
Containing 226.9 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to
grantor's remaining property, in and to said freeway.
Parcel 3 (56694-10) TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement, which will expire on December 31, 2005, for construction
purposes and incidents thereto, upon, over and across a portion of the lands described in the
deed to Pacific Gas and Electric Company, a California corporation, recorded January 31, 1962
at Liber 4047 on page 278 Official Records Contra Costa County, California, said easement
being more particularly described as follows:
COMMENCING at the southwestern corner of above referenced deed said point also being on
the northern right-of-way line of State Route 4; thence along the southern line of the land
described in said deed and the northern right-of-way line of State Route 4 N79°04'03"E, 28.640
meters to the TRUE POINT OF BEGINNING; thence leaving last said lines N1 0'55'21"W, 5.537
meters; thence N79004'39"E, 53.349 meters; thence along a tangent curve to the right having a
radius of 1719.400 meters through central angle of 12°09'02' an arc distance of 364.628 meters;
thence S88°46'19" E, 150.985 meters; thence S01°13'48"W, 6.918 meters; thence S88°46'47"E,
9.175 meters; thence N01°13'48"E, 6.917 meters; thence S88°46'19"E, 333.579 meters; thence
S01°09'37"W, 7.278 meters; thence S88050'1 6"E, 9.506 meters; thence NOV13'41"E, 7.267
meters; thence S88046'1 9"E, 292.712 meters; thence S88'1 6'22"E, 31.279 meters; thence
S38°23'35"E, 11.891 meters to the general northern line of that parcel described as Parcel
56694-1 in the Final Order of Condemnation No. C99-01369 to Contra Costa County, dated May
18, 2000; thence along last said line N88016'20"W, 17.470 meters; thence leaving last said line
N01°43'40"E, 0.458 meters; thence N88°16'20"W, 21.471 meters; thence N88°46'19"W,
222.782 meters; thence N01"1341"E, 0.300 meters; thence N88046'19"W, 122.065 meters;
thence S01°13'41"W, 0.300 meters; thence N88°46'19"W, 49.003 meters; thence S01°13'41"W,
0.458 meters to the general northern line of said Parcel 56694-1 as described in said f=inal
Order of Condemnation No C99-01389; thence along last said line N88046'1 9"W, 365.590
meters; thence leaving last said line N01°13'41"E, 0.460 meters; thence N88"46'1 9"W, 36.452
meters; thence along a tangent curve to the left having a radius of 1710.765 meters through a
central angle of 02°45'08" an arc distance of 82.178 meters; thence S88°28'33"W, 18.432
meters to the northern right-of-way line of State Route 4 and the general southern line of the
above referenced deed recorded at Liber 4047 on page 278; thence along.last said line the
following four(4) courses:
1. N85048'1 8"W, 53.943 meters;
2. S81°42'44"W, 159.887 meters;
3, along a tangent curve to the left having a radius of 1549.202 meters through a central
angle of 02"38'41" an arc distance of 71.510 meters, and
4. S79°04'03"W, 31.246 meters to the True Point of Beginning.
Containing 9,785.2 square meters, more or less.
Q:1199419402006twP156694-8,9,10,1 i.doc
City of Pittsburg 04-CC-Route 4XP 34.7
County of Contra Costa Pacific Gas and :A r
Electric Company
56694
Page 3 of 3
Parcel 4 (56694-11)TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement, which will expire on December 31, 2005,for construction
purposes and incidents thereto, upon, over and across a portion of the lands described in the
deed to Pacific Gas and Electric Company, a California corporation, recorded January 31, 1962
at Liber 4047 on page 278 Official Records and a portion of the land described as Parcel 4 in the
deed to Pacific Gas and Electric Company, a California corporation, recorded December 31,
1951 at Liber 1872 on page 189 Official Records, Contra Costa County, California, said
easement being more particularly described as follows:
COMMENCING at the southeastern corner of above referenced deed recorded in Liber 4047 on
page 278; thence along the eastern line of the land described in last said deed NO °12'11"E,
4.360 meters to the TRUE POINT OF BEGINNING said point of beginning also being on the
northern line of that parcel described as Parcel 56694-1 in the Final Order of Condemnation No.
C99-01369 to Contra Costa County, dated May 18, 2000; thence along last said line
N88°16'20"W, 20.223; meters; thence leaving last said line N51°36'39"E, 14.112 meters; thence
S88-16'1 9"E, 9.347 meters to the general western line of Parcel 4 as said parcel is described in
above referenced deed recorded in Liber 1872 on page 189 ; thence continuing S88°16'19"E,
74.990 meters; thence S01°43'40"W, 0.593 meters to an angle point on the general northern
line of said Parcel 56694-1 as described in said Final Order of Condemnation No. C99-01369;
thence Tong last said line S01 043'40"W, 8.500 meters and N88°16'20"W, 74.906 meters to the
True Paint of Beginning.
Containing 815.9 square meters, more or less.
Bearings and distances used in the above descriptions are based on the California Coordinate
System of 1983, 1986 Adjustment Zone III. Multiply distances shown by 1.0000639 to obtain
ground distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act:
ESSlOA.
,y�!
Signature ,
Registered Profession ngine ZB in m
w u3 No. 23922
Date
cfr9 I V 0-
0 CN
QA 1994\9402006\W P\56694-8,9,10,11.doc