HomeMy WebLinkAboutRESOLUTIONS - 10041994 - 94-500 ,. 1
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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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5 Re: Condemnation of Property for RESOLUTION AMENDING
the State Route 4/Bailey Road RESOLUTION OF NECESSITY
6 Interchange Improvement Project, NO. 93/266
W. Pittsburg Area Project
7 No. 4660-6X4158 Resolution No. 94/500
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11 The Board of Supervisors of Contra Costa County, California by a vote of two-thirds
12 or more of its members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
13 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors of
14 Contra Costa County, California(hereinafter referred to as "the Board") adopted RESOLUTION
15 OF NECESSITY NO. 93/ by a unanimous vote, a copy of which is attached hereto as
16 Exhibit B and incorporated herein by reference.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of
18 Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (hereinafter referred to as "Subject Property"),
19 among other parcels since acquired, by eminent domain.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Subject Property is to be taken, as distinguished from a detailed
22 description of the project for which Subject Property is required.
23 4. The general statement of the public use contained in RESOLUTION OF
24 NECESSITY NO. 93/ ,266 was intended by the Board to describe public use for a road
25 reconstruction project for the integrated intermodal transportation project described in the State
26 Route 4/Bailey Road Interchange Project Environmental Impact Report dated September 1991
27 ("the EIR").
28 5. It is the purpose of this resolution amending RESOLUTION OF NECESSITY NO.
93/226 to clarify the general statement of public use contained in RESOLUTION OF
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1 NECESSITY NO. 93/226 by describing in more detail the intended public use together with the
2 statutes that authorize the acquisition of the property required for said public use and described
3 therein.
4 The Board of Supervisors of Contra Costa County, California by a vote of two-thirds
5 or more of its members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
6 1. RESOLUTION OF NECESSITY NO. 93/226 is hereby amended and the
7 amendments thereto are set out in RESOLUTION OF NECESSITY NO. 93/226 AS AMENDED,
8 a copy of which is attached as Exhibit "A" incorporated herein by reference as if set out in full.
9 2. The findings set out in RESOLUTION OF NECESSITY NO. 93/226 AS
10 AMENDED, Exhibit "A" are hereby adopted, found, determined and declared by the Board of
11 Supervisors, and said findings are incorporated herein by reference as if set out in full.
12 On September 15, 1994, notice of the County's intention to amend RESOLUTION OF
13 NECESSITY NO. 93/226 as RESOLUTION OF NECESSITY NO. 93/226 AS AMENDED for
14 acquisition by eminent domain of the real property described in Appendix "A" therein was sent to
15 persons whose names appear on the last equalized County Assessment role as owners of said
16 property. The Notice specified October 4, 1994, at 11 a.m. in the Board of Supervisors Chambers
17 in the Administration Building, 651 Pine Street, Martinez, California, as the time and place for the
18 hearing thereon.
19 The hearing was held at that time and place, and all interested parties were given an
20 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
21 hereby declares the following:
22 1. The public interest and necessity require the proposed project.
23 2. The proposed project is planned and located in the manner which will be most
24 compatible with the greatest public good and the least private injury.
25 3. The property described therein is necessary for the proposed project.
26 4. The offer required by and consistent with section 7267.2 of the Government Code,
27 together with the accompanying statement of the amount established as just
28 compensation, was made to the owner or owners of record.
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1 5. All conditions necessary to establish the right to take the property required for the
2 project have been complied with.
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4 PASSED and ADOPTED on October 4 , 1994, by the following vote:
5 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
6 NOES: None
7 ABSENT: None
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10 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
11 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
12 County, California, at a meeting of said Board on the date indicated.
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14 Dated: October 4 , 1994.
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16 1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
17 Board of Su1P t date shown.
ATTESTED• °� 1994
PHIL BATCHELOR Clerk of theBow as
18 oMpenrfsors and unty Administrator
19 Deputy
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