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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-33 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY 3 Road Purposes Stone Valley Road No. 2001/33 Widening Project Alamo Area (C.C.P. Sec. 1245.230) 4 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 intends to construct a road project, a public improvement, to widen Stone 9 Valley Road in the Alamo area and, in connection therewith, acquire interests in certain real 10 property. 11 The properties to be acquired consist of 2 parcels and are generally located in the Alamo area. 12 The said properties are more particularly described in Appendix "A", attached hereto and 13 incorporated herein by this reference. 14 On January 3, 2001, notice of the County's intention to adopt a resolution of necessity for 15 acquisition by eminent domain of the real property described 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 January 23, 2001, at 9:45 a.m. in the Board of Supervisors Chambers in the 18 Administration Building, 651 Pine Street,Martinez,California, as the time and place for the hearing 19 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,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 4. The offer required by section 7267.2 of the Government Code was made to the owner or 28 owners of record; and RESOLUTION OF NECESSITY I RESOLUTION 2001/33 1 5. The Final Environmental Impact Report for the Stone Valley Oaks Project, which was 2 certified on May 25, 1999,adequately covered the environmental effects of the proposed project(per 3 section 15161 of the CEQA Guidelines). 4 The County Counsel of this county is hereby AUTHORIZED and EMPOWERED: 5 To acquire in the County's name, by condemnation, the titles, easements and rights of way 6 hereinafter described in and to said real property or interest(s) therein, in accordance with the 7 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California: 8 Parcel I is to be acquired in fee title. 9 Parcel 2 is to be acquired as a temporary easement. 10 To prepare and prosecute in the County's name such proceedings in the proper court as are 11 necessary for such acquisition; 12 To deposit the probable amount of compensation based on an appraisal, and to apply to said 13 court for an order permitting the County to take immediate possession and use said real property for 14 said public uses and purposes. 15 PASSED and ADOPTED on January 23, 2001, by the following vote: 16 AYES: Supervisors Uilkema, Gioia, Gerber, DeSaulnier and Glover 17 NOES: None 18 ABSENT: None 19 ABSTAIN: None 20 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, 21 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa 22 County,California, at a meeting of said Board of Supervisors of Contra Costa County, California, 23 at a meeting of said Board on the date indicated above. 24 Dated: January23, 001 1h certify that this Is a true and correct copy of an action taken and entered on the minutes of the 25 Board of Supervisors on the date shown, Orig. Dept: Public Works Department(R/P) ATTESTED: January 2.3 . 2001 26 Contact: Lucy Owens (313-2229) PHIL BATCHELOR,Clerk of the Board Auditor-Controller Of Supe so and County Administrator 27 County Counsel (Certified Copy) By Deputy 28 1:\CLER\C0NDEMN\.unesRES.wpd RESOLUTION OF NECESSITY 2