HomeMy WebLinkAboutRESOLUTIONS - 12161997 - 97-698 U.1
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property RESOLUTION OF NECESSITY
for Public Road Purposes, State NO. 97/ 698
4 Route 242, Concord Area (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more
6 of its members, RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets & Highways Code Section 943,
8 Contra Costa County in cooperation with the Contra Costa Transportation Authority, Caltrans and
9 the City of Concord, intends to construct a road reconstruction project, a public improvement, to
10 widen State Route 242 in the Concord area, and, in connection therewith, acquire interests in certain
11 real property.
12 The property rights to be acquired consists of one parcel and is generally located in the
13 Concord area. The said property is more particularly described in Appendix "A", attached hereto
14 and incorporated herein by this reference.
15 On November 25, 1997, notice of the County's intention to adopt a resolution of necessity
16 for acquisition by eminent domain of the real property described in Appendix "A"was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of said
18 property. The ;notice specified December 16, 1997, at 1:45 p.m. in the Board of Supervisors
19 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
20 place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
23 and hereby declares 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 good 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 of the Government Code was made to the owner or
RESOLUTION OF NECESSITY 97/698
1 owners of record.
2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the County's name, by condemnation, the titles, easements and rights of way
4 hereinafter described in and to said real property or interest(s) therein, in accordance with the
5 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
6 Parcel 55971-1 is to be acquired as a temporary construction easement.
7 To prepare and prosecute in the County's name such proceedings in the proper court as are
8 necessary for such acquisition;
9 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
10 court for an order permitting the County take possession and use said real property for said public
11 uses and purposes.
12 PASSED and ADOPTED on December 16, 1997 by the following vote:
13 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
14 NOES: None
15 ABSENT: None
16 ABSTAIN: None
17 I 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 the Contra
19 Costa County, California, at a meeting of said Board on the date indicated above.
20 Dated: December 16, 1997
21
22 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
23
24 By:
25 Deputy
cc: Public Works Department
26 Real Property Division (Paul Gavey (313-2220)
Auditor-Controller
27 County Counsel (Certified Copy)
County Administrator
28 HADF0TI\BRIEFS\SLA\242-RS.WPD
RESOLUTION OF NECESSITY 97/698