HomeMy WebLinkAboutRESOLUTIONS - 08161994 - 94-430 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Road Purposes ) No. 94/430
3 Olympic Blvd. Widening ) (Code of Civ. Proc., § 1245.230)
Project, Walnut Creek Area )
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5 The Board of Supervisors of Contra Costa County, California by vote of
6 two-thirds or more of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets and Highways
8 Code section 943, Contra Costa County intends to construct a road reconstruction
9 project, a public improvement to widen and improve portions of Olympic Blvd. and Tice
10 Valley Blvd. in the Walnut Creek area (said improvements are expected to include road
11 reconstruction, street lighting, storm drainage pipes and inlets and a bicycle and
12 pedestrian path) and in connection therewith to acquire interests in certain real property.
13 The property to be acquired consists of six (6) parcels and is generally
14 located in the Walnut Creek area. The said property is more particularly described in
15 Appendix "A", attached hereto and incorporated herein by reference.
16 On August 1, 1994, notice of the County's intention to adopt a resolution of
17 necessity for the acquisition by eminent domain of the property described in Appendix "A"
18 was sent to persons whose names appear on the last equalized County Assessment Roll
19 as the owners of said property. The notice specified August 16, 1994 at 11:00 a.m. in
20 the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,
21 Martinez, California, as the time and place for the hearing thereon.
22 The hearing was held on August 16, 1994, at that time and place, and all
23 interested parties were given an opportunity to be heard and based upon the evidence
24 presented to it, this Board finds, determines and hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will
27 be most compatible with the greatest public good and the least private injury; and
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1 3. The property described herein is necessary for the proposed project;
2 and
3 4. The offer required by section 7267.2 of the Government Code was
4 made to the owner or owners of record.
5 The County's counsel is hereby AUTHORIZED and EMPOWERED:
6 To acquire in the name of Contra Costa County, by condemnation, the
7 titles, easements and rights of way as set forth in Appendix "A", in and to said real
8 property or interests therein, in accordance with the provisions of eminent domain in the
9 Code of Civil Procedure and the Constitution of California: Parcel 7 is to be acquired in
10 fee simple absolute. Parcels 2T, 4T, 7T-1 and 7T-2 are to be acquired as temporary
11 construction easements. Parcel 4E is to be acquired as a permanent easement.
12 To prepare and prosecute in the County's name such proceedings in the
13 proper court as are necessary for such acquisition.
14 To deposit the probable amount of compensation, based on an appraisal,
15 and to apply to said court for an order permitting the County to take possession and use
16 said real property for said public uses and purposes.
17 PASSED and ADOPTED on August 16, 1994, by the following vote:
18 AYES: Supervisors Smith, DeSaulnier, Torlakson and Powers
19 NOES: None
20 ABSENT: Supervisor Bishop
21 ABSTAIN: None
22 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
23 introduced, passed and adopted by the vote of two-thirds or more of the Board of
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1 Supervisors of the Contra Costa County, California, at a meeting of said Board on the
2 date indicated.
3 Dated: August 16, 1994
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Phil Batchelor, Clerk of the Board of Supervisors
6 and County Administrator
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By:
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cc: Public Works Department
16 Real Property Division
Auditor-Controller
17 County Counsel (certified copy)
County Administrator
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df11 a: olympicson
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