HomeMy WebLinkAboutRESOLUTIONS - 07202004 - 2004 RES 401 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA.
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3 Re: Condemnation of Property
for Public Road Purposes RESOLUTION OF NECESSITY
4 State Route 4 East, ) No. 20041
Railroad Avenue to Loveridge)
5 Rd.,Pittsburg Area ) (C.C.P. § 1245.230)
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7 The Board.ofSupervisors of ContraCosta County,California,by vote oftwo-thirds or more of
8 its members,RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Centra Costa County intends to construct a road reconstruction project,a public improvement,to widen
11 2.2 miles of the State Route 4 corridor from west ofRailroad Avenue to east ofLoveridge Road in the
12 Pittsburg Area, and, in connection therewith, acquire interests in certain real property.
13 The property to be acquired consists of a portion of Power Avenue generally located in the
14 Pittsburg area. The said property is more particularly described in Appendix"A".attached hereto and
15 incorporated herein by this reference.
16 On June 3 0,2004,notice ofthe County's intention to adopt aresolution ofnecessity for acquisition
17 by eminent domain ofthe real property described in Appendix"A"was sent to persons whose names
18 appear on the last equalized County Assessment Roll as owners of said property. The notice specified July
19 20,2004,at 9:30 a.m.in the Board.of Supervisors Chambers in the Administration Building,651 Pine
20 Street,Martinez, California, as the time and place for the hearing thereon.
21 The hearing was held at that time and place,and all interested parties were given an opportunity
22 to be heard and based upon the evidence presented to it,this Board finds,determines and herebydeclares
23 the following:
24 1. The public interest and necessity require the proposed project; and
25 2.. The proposed project is planned and located in the manner which will be most compatible
26 with the greatest public goad and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 4. The offer required by section 7267.2 ofthe Government Code was made to the owner or
RESOLUTION NO. r `
1 Owners of record, and
2 5. That insofar as any of the property described in this resolution has heretofore been
3 dedicated to the public use for public purposes,the acquisition and use of suchproperty
4 by Contra Costa County for highway purposes is for a more necessary public use than the
5 use to which the property has alreadybeen appropriated or a compatible public use. This
6 determination and finding is made and this resolution is adopted pursuant t0 Code of Civil
7 Procedure sections 1240.510 and 1240.610;and
8 6. On March 27, 2001, this Board approved the proposed project and adopted the
9 Mitigated Negative DeclarationiFinding ofNo Significant Impact pertaining to this project
10 that was published on January 23,2001.
11 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
12 To acquire in the County's name,by condemnation,the titles, easements and rights of way
13 hereinafter described in and to said real property or interest{s}therein,in accordancewith the provisions
14 for eminent domain in the Code of Civil Procedure and the Constitution of California:
15 Parcel 2 is to be acquired in fee title.
16 To prepare and prosecute in the County's name such proceedings in the proper court as are
17 necessary for such acquisition;
18 To deposit the probable amount ofcompensation,based on an appraisal,and to applyto said court
19 for an order permitting the County to take immediate possession and use said real property for
20 said public uses and purposes.
21 PASSED and ADOPTED on July 20, 2004,by the following vote:
22 AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
23 NOES: NONE
24 ABSENT: NONE
25 ABSTAIN: NONE
26 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed and
27 adopted by the vote oftwo-thirds or more ofthe Board ofSupervisors ofContra Costa County,California,
28 at a meeting of said Board on the date indicated above. �,
ATTESTED:
RESOLUTION Nth. JOHN SWE ,Cf f the Boarcf of
r Supervisor d County Administrator
By -��Deputy
1 trig. Dept: Public Works Department(R1P)
Contact: Karen A. Laws (313-2228)
2 Auditor-Controller
County Counsel (Certified Copy)
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8 HACondemnation Forms\Resolution of Necessity(CCC v.Seeno).wpd
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