HomeMy WebLinkAboutMINUTES - 09112001 - SD.1 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, Railroad ) No. 2001/351
Ave. to Loveridge Rd., ) (C.C.P. § 1245.230)
5 Pittsburg Area )
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7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation
11 Authority and Caltrans,intends to construct a road reconstruction project,a public improvement,to
12 widen 2.2 miles of State Route 4 from west of Railroad Avenue to east of Loveridge Road in the
13 Pittsburg area, and, in connection therewith, acquire interests in certain real property.
14 The properties to be acquired consist of four (4) parcels and are generally located in the
15 Pittsburg area. The said properties are more particularly described in Appendix"A",attached hereto
16 and incorporated herein by this reference.
17 On July 26, 2001, notice of the County's intention to adopt a resolution of necessity for
18 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
19 whose names appear on the last equalized County Assessment Roll as owners of said property. The
20 notice specified August 14, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
21 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
22 thereon. On that date, the Board put over consideration of the item until September 11, 2001.
23 The hearing was held at that time and place, and all interested parties were given an
24 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
25 hereby declares the following:
26 1. The public interest and necessity require the proposed project; and
27 2. The proposed project is planned and located in the manner which will be most
28 RESOLUTION NO. 2001/351 1
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I compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by section 7267.2 of the Government Code was made to the owner
4 or owners of record; and
5 5. That insofar as any of the property described in this resolution has heretofore been
6 dedicated to the public use for public purposes, the acquisition and use of such
7 property by Contra Costa County for highway purposes is fora more necessarypublic
8 use than the use to which the property has already been appropriated or a compatible
9 public use. This determination and finding is made and this resolution is adopted
10 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
11 6. On March 27, 2001, this Board approved the proposed project and adopted the
12 Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
13 project that was published on January 23, 2001.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County's name, by condemnation, the titles, easements and rights of way
16 hereinafter described in and to said real property or interest(s) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
18 Parcels 1 and 3 are to be acquired as public utility easements.
19 Parcels 2 and 4 are to be acquired as temporary easement(s).
20 To prepare and prosecute in the County's name such proceedings in the proper court as are
21 necessary for such acquisition;
22 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
23 court for an order permitting the County to take immediate possession and use said real property for
24 said public uses and purposes.
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28 RESOLUTION NO. 2001/351 2
I PASSED and ADOPTED on September 11, 2001, by the following vote:
2 AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOEER,and UILKEMA
3 NOES: NONE
4 ABSENT: NONE
5 ABSTAIN: NONE
6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
7 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
8 California, at a meeting of said Board on the date indicated above.
9 /J
ATTESTED
10 JOHN SINE TEN, Clerk of the Board
of Yupervisors and County Administrator -
11 By .__Deputy
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14 Orig. Dept: Public Works Department (R/P)
Contact: Karen A. Laws (313-2228)
15 Auditor-Controller
County Counsel (Certified Copy)
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28 RESOLUTION NO. 2001/351 3