HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-474 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 Pacheco Blvd. Realignment ) No.2oo3/474
Project ) (C.C.P. § 1245.23{})
5 Martinez Area )
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7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members,RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Contra Costa County intends to construct a road project,a public improvement,to realign a portion
11 of Pacheco Blvd. located southwest of Highway 4 in the Martinez Area, and, in connection
12 therewith,acquire interests in certain real property.
13 The property to be acquired consist of one(1)parcel and is generally located in the Martinez
14 area. The said property is more particularly described in Appendix "A", attached hereto and
15 incorporated herein by this reference.
16 On July 16, 2003, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified August 5, 2003, at 9:30 a.m. in the Board of Supervisors Chambers in the
20 Administration Building, 651 Pine Street,Martinez,California, as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 hereby declares the following:
25 1. The public interest and necessity require the proposed project;and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
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RESOLUTION NO. 2003/474
1 3. The property described herein is necessary for the proposed project; and
2 4. The offer required by section 7257.2 ofthe Government Code was made to the owner
3 or owners of record; and
4 5. That insofar as any of the property described in this resolution has heretofore been
5 dedicated to the public use for public purposes, the acquisition and use of such
5 property by Contra Costa County for highway purposes is for a more necessary public
7 use than the use to which the property has already been appropriated or a compatible
8 public use. This determination and finding is made and this resolution is adopted
9 pursuant to Code of Civil Procedure sections 1240.510 and 1240.510;and
10 5. On May 7,2002,this Board approved the proposed project and adopted the.Mitigated
11 Negative Declaration and Mitigation Monitoring Program pertaining to this project
12 and directed the filing of a Notice of Determination. The Notice of Determination
13 was filed and posted on May 8,2002.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County's name, by condemnation, the titles, easements and rights of way
15 hereinafter described in and to said real property or interest(s) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
18 Parcel 1 is to be acquired in fee title.
19 To prepare and prosecute in the County's name such proceedings in the proper court as are
20 necessary for such acquisition;
21 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
22 court for an order permitting the County to take immediate possession and use said real property for
23 said public uses and purposes.
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RESOLUTION NO. ZOo3/474
I PASSED and ADOPTED on August 5, 2003, by the following vote:
2 AYES:Supervisors Gioia, Uilkem, Greenberg, Glover and DeSanlnier
3 NOES: None
4 ABSENT: None
5 ABSTAIN: Nom
6 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
7 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
8 California, at a meeting of said Board on the date indicated above.
9
i hereby certify that this is a true and correct
10 copy of an action taken and entered on the
minutes of the Board of Supervisors on the
I I date shown.
ATTESTED: ,�..
12 JOHN SWEETEN, Clerk of the Board
oVAworvitors, nd C n Administrator
13 8y . Dsputy
14 Orig. Dept: Public Works Department(R/P)
Contact: L. Lucy Owens (313-2229)
15 Auditor-Controller
16 County Counsel(Certified Copy)
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21 L•UOAN"amelaTACHECO BLVD.-RON."d
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RESOLUTION NO. 2003/474