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HomeMy WebLinkAboutMINUTES - 02251992 - H.2 H.2 1 2 Re: Condemnation of Property ) 3 for Public Road Purposes, ) RESOLUTION OF NECESSITY Danville Blvd Road Widening ) NO. 92/109 4 at Casa Maria Ct. , Alamo area ) 5 6 The Board of Supervisors of Contra Costa County, California, 7 by vote of two-thirds or more of its members, ABSOLVES that: 8 Pursuant to Government Code section 25350 .5 and Streets and 9 Highways Code section 943, Contra Costa County intends to 10 construct a road reconstruction project, a public improvement, to 11 widen Danville Boulevard at Casa Maria Court, Alamo area, and, in 12 connection therewith, acquire interests in certain real property. 13 The property to be acquired consists of 890 square feet and 14 is generally located in the Alamo area . The said property is 15 more particularly described in Appendix "A" , attached hereto and 16 incorporated herein by this reference. 17 On February 6 , 1992, notice of the County's intention to 18 adopt a resolution of necessity for acquisition by eminent domain 19 of the real property described in Appendix "A" was sent to 20 persons whose names appear on the last equalized County 21 Assessment Roll as owners of said property. The notice specified 22 February 25 , 1992, at 11 : 00 a .m. in the Board of Supervisors ' 23 Chambers in the Administration Building, 651 Pine Street, 24 Martinez, California, as the time and place for the hearing 25 thereon. 26 The hearing was held at that time and place, and all 27 interested parties were given an opportunity to be heard and 28 RESOLUTION NO. 92/109 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 proposed 4 project; and 5 2 . The proposed project is planned and located in the 6 manner which will be most compatible with the greatest public 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 Government 11 Code was made to the owner or owners of record. 12 The County Counsel of this County is hereby AUTIHORIZED and 13 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 17 the provisions for eminent domain in the Code of Civil Procedure 18 and the Constitution of California : The property is 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 22 acquisition; 23 To deposit the probable amount of compensation, based on an 24 appraisal, and to apply" to said court for an order permitting the 25 County to take immediate possession and use said real property 26 for said public uses and purposes . 27 2811 /// 1 PASSED and ADOPTED on February 25 , 1992 , by the 2 following vote: 3 AYES: Supervisors Powers, - Fanden, Schroder, Torlakson & McPeak 4 NOES: None 5 ABSENT: None 6 I HEREBY CERTIFY that the foregoing resolution was duly and 7 regularly introduced, passed and adopted by the vote of two- 8 thirds or more of the Board of Supervisors of Contra Costa 9 County, California, at a meeting of said Board on the dated 10 indicated. 11 Date: February 25 , 1992 12 Phil Batchelor, Clerk of 13 the Board of Supervisors and County Administrator 14 15 By: ' Deputy 16 SLAIjh 17 cc : Public Works Department Real Property. Division 18 Auditor-Controller County Counsel (Certified Copy) 19 J-2:a:\a1amo.res 20 21 22 23 24 25 26 27 2811 _ DANVILLE BOULEVARD ROAD NO. 5301 A LAND PARCEL Appendix "A" A portion of the parcel described in the instrument to Frances L Land recorded February 25, 1987 in Book 13470 of Official Records at page 122 records of Contra Costa County, State of California, being further described as all of said parcel lying southwesterly of the following described line: Commencing at a point on the 'southeasterly line of said land parcel, said point bears south 62029'43" east 37.82 feet from the standard County monument marking point "WD-29", said point "WD-29" itself bearing south 28°31'21" east 770.63 feet from the standard County monument marking point"WD-28"; thence leaving said Point of Commencement; along said southeasterly line north 56004'36" east 9.00 feet to the True Point of Beginning for the herein described line; thence leaving said line north 32°10'47" west 83.53 feet to the northwesterly line of the parcel described in Exhibit "D" in said instrument (13470 OR 122), the terminus of the herein described line. Containing an area of 890 square feet more or less. PS:fp Land.ex . i 1 i f i