HomeMy WebLinkAboutRESOLUTIONS - 09231997 - 97-505 7
SDI
1 ' THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2 =
3 Re: Condemnation of Property for Public ) RESOLUTION OF NECESSITY
Drainage Purposes: Hwy. 4 Willow ) No. 97/505
4 Pass Grade- Pittsburg Area ) (C.C.P. Sec. 1245.230)
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6 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
7 of its members, RESOLVES THAT:
8 Pursuant to Government Code Section 25350.5 and Streets and Highways Code Section 943,
9 I Contra Costa County acquire certain interests in real property for public drainage purposes, a public
10 ' improvement, constructed in connection with the State Hwy. 4 Willow Pass Grade road project.
11 The property to be acquired consists of four (4) parcels and is generally located in the
12 _ Pittsburg area. The said property is more particularly described in Appendix"A", attached hereto
13 and incorporated herein by this reference.
14 On September 2, 1997,notice of the County's intention to adopt a resolution of necessity for
15 I iacquisition by eminent domain of the real property Ydescribed in Appendix"A"was sent to persons
16 whose names appear on the last equalized County Assessment Roll as owners of said property. The
17 , notice specified Tuesday, September 23, 1997 at 11:00 a.m. in the Board of Supervisors Chambers
18 ; in the Administration Building, 651 Pine Street,Martinez,California, as the time and place for the
19 hearing thereon.
20 The hearing was held at that time and place, and all interested parties were given an
21 I opportunity to be heard. Based upon the evidence presented to it,this Board finds,determines and
22 - 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 compatible
25 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 i 4. The offer required by Section 7267.2 of the Government Code was made to the owner
28 or owners of record.
I 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 way
3 hereinafter described in and to said real property or interest(s) therein, in accordance with the
4 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
5 All parcels are to be acquired as permanent drainage easements.
6 To prepare and prosecute in the County's name such proceedings in the proper court as are
7 necessary for such acquisition;
8 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
9 court for an order permitting the County to take possession and use said real property for said public
10 uses and purposes. At the request of the property owner,the County Counsel is directed to delay
11 the filing of any condemnation action based on this resolution of necessity until after October 23,
12 1997.
13 PASSED and ADOPTED on September 23, 1997 by the following vote:
14 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
15 NOES: None
16 ABSENT: None
17 ABSTAIN: None
18 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
19 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra
20 Costa County,California,at a meeting of said Board on the dated indicated above.
21 Dated: September 23, 1997
22 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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24
By:
25 Depu
cc: Public Works Department
26 Real Property Division
Auditor-Controller
27 County Counsel (Certified Copy)
County Administrator
28 HAGROUMSTAMWEST-RES.WPD
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