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HomeMy WebLinkAboutRESOLUTIONS - 09241991 - 91-638 :r + • H.2 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA 2 Condemnation of Property ) For Public Airport Purposes ) RESOLUTION OF NECESSITY 3 Contra Costa County Byron ) NO. 91/638 Airport F .A.A. - A. I . P. ) (Code Civ. Proc . § 1245 . 230 ) 4 Project No. 3-06-008-02, 04 ) 4724-4670 ( 6X5350, 5352 ) ) 5 Byron Area ) 6 7 The Board of Supervisors of Contra Costa County, 8 California by vote of two-thirds or more of its members , RESOLVES 9 that: 10 Pursuant to Government Code sections 25350 . 5 and 11 260'20 (a ) , Contra Costa County intends to construct a public 12 airport, a public improvement, and, in connection therewith, 13 acquire interests in certain real property. 14 The property to be acquired consists of three parcels 15 and is generally located in the Byron area . The property is more 16 particularly described in Appendix "A" , attached hereto and 17 incorporated herein by reference. 18I On September 9 , 1991 , a notice of the County' s 19 intention to adopt a resolution of necessity for the acquisition 20 by eminent domain of the real property described in Appendix "A" 21 was sent to persons whose names appear on the last equalized 22 County Assessment Roll as owners of said property. The notice 23 specified September 24, 1991 , at 11 :00 a .m. in the Board of 24 Supervisors Chambers in the Administration Building, 651 Pine I 25 Street, Martinez, California, as the time and place for the 26 hearing thereon. 271 The hearing was held at that time and place, and all 28 interested parties were given an opportunity to be heard and 1 RESOLUTION NO. 91/638 1 based upon the evidence presented to it, this Board finds, 2 determines and hereby declares the following: 3 1 . The public interest and necessity require the 4 proposed project; and 5 2 . The proposed project is planned and located in the 6 manner which will be most compatible with the greatest public i 7 good and the least private injury; and 8 3 . The property described herein is necessary for the 9 proposed project; and 10 4 . The offer required by section 7267 . 2 of the 11 Government Code was made to the owner or owners of record. 12 The County Counsel of this County is hereby AUTHORIZED 13 and EMPOWERED: 14 To acquire in the County' s name, by condemnation, the 15 titles , easements and rights of way hereinafter described in and 16 to said real property or interest( s ) therein, in accordance with 17the provisions for eminent domain in the Code of Civil Procedure 18 and the Constitution of California: Parcels 1 , 8 and 9 are to be 19 acquired in fee title . 20 To prepare and prosecute in the County' s name such 21 proceedings in the proper court as are necessary for such 221 acquisition. 23 To deposit the probable amount of compensation, based 24 on an appraisal, and to apply to said court for an order 25 permitting the County to take immediate possession and .use said 26 real property for said public uses and purposes . 27 28 2 i 1 PASSED and ADOPTED on 9-24-91 , by the following vote: 2 AYES : Supervisors Fanden, Schroder, McPeak and Torlakson 3 NOES: None 4 ABSENT: Supervisor Powers 5 ABSTAIN: None 6 7 I HEREBY CERTIFY that the foregoing resolut%I on was duly 8 and regularly introduced, passed and adopted by the vote of two- 9 thirds or more of the Board of Supervisors of the Contra Costa I 10 County, California, at a meeting of said Board on the date 11 indicated. 12 Dated: 9-24-91 13 Phil Batchelor, Clerk of the Board of Supervisors and 14 County Administrator 15 i 16 By: Deputy 17 cc : Public Works Department 18 Real Property Division Auditor-Controller 19County Counsel (certified copy) County Administrator 20 df9:p1eading\by-airpt.res 21 22 23 24 25 26 27 2811 3