HomeMy WebLinkAboutRESOLUTIONS - 09101996 - 96-516 n 9-ld— 9( I
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property for RES%y511PN OF NECESSITY
Public Road Purposes, Sandy NO. //
4 Cove Slide Repair, Bay Point Area (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
6 more of its members, RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets & Highways Code, 'Section
8 943, Contra Costa County intends to construct a road reconstruction project a public
9 improvement, to stabilize a landslide and repair damage to public road and, in connection
10 therewith, acquire interests in certain real property.
11 The property to be acquired consists of 2 parcels and is generally located in the Bay
12 Point area. The said property is more particularly described in Appendix "A", attached hereto
13 and incorporated herein by this reference.
14 On August 22, 1996, notice of the County's intention to adopt a resolution of necessity
15 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
16 persons whose names appear on the last equalized County Assessment Roll as owners of
17 said property. The notice specified September 10, 1996, at 10:15 a.m. in the Board of
18 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
19 as the time and place for the hearing thereon.
20 The hearing was held at that time and place, and all interested parties were given an
21 opportunity to be heard and based upon the evidence presented to it, this board finds,
22 determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will be most
25 compatible with the greatest public good and the least private injury; and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required by Section 7267.2 of the Government Code was made to the
28 owner or owners of record.
RESOLUTION NO. 96/516
1 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
2 To acquire in the County's name, by condemnation, the titles, easements and rights of
3 way hereinafter described in and to said real property or interest(s) therein, in accordance with
4 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
5 California:
6 Parcel(s) 1 and 2 is/are to be acquired as permanent easements.
7 Parcel(s) 1T and 2T is/are to be acquired as temporary easement(s).
8 To prepare and prosecute in the County's name such proceedings in the proper court
9 as are necessary for such acquisition;
10 To deposit the probable amount of compensation, based on an appraisal, and to apply
11 to said court for an order permitting the County to take immediate possession and use said
12 real property for said public uses and purposes.
13 PASSED and ADOPTED on September 10, 1996 by the following vote:
14 AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
15 NOES: None
16 ABSENT: None
17 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
18 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
19 Costa County, California, at a meeting of said Board on the date indicated.
20 Date: November 20, 1996
21
22 Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
23
24 '
By:
25 Deputy
26 Orig. Dept: Public Works Department (R/P)
Contact: Auditor-Controller
27 County Counsel (Certified copy)
28 HADFOTIIBRIEFSISLA\BAYPT.WPD
RESOLUTION NO. 96/516