HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-504 I THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3 Rei Condemnation of Property )
for Public Road Purposes, } RESOLUTION OF NECESSITY
4 State Route 4 East, ) No. �jp
Railroad Ave to Loveridge ) (C.C.P. 45.230)
5 Rd., Pittsburg Area )
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7 The Board of Supervisors of Contra Costa County,California,by vote oftwo-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 reconstruction project, a public improvement, to
11 widen 2.2 miles of the State Route 4 corridor from west of Railroad Avenue to east of Loveridge
12 Road in the 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 and is generally located
14 in the Pittsburg area. The said property is more particularly described in Appendix"A", attached
15 hereto and incorporated herein by this reference.
16 On July 21, 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 the State
18 of California, Secretary of State on behalf of the owner of record of said property. The notice
19 specified August 12,2003, at 9:30 a.m.in the Board of Supervisors Chambers in the Administration
20 Building, 651 Pine 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
22 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
23 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
26 compatible 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 State
RESOLUTION NO.2003/5o4
1 of California, Secretary of State on behalf of the owner of record because the owner
2 of record (Time Pacific Company, a California corporation) cannot be located.with
3 reasonable diligence; 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
6 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 1240.614;and
10 6. On March 27, 2001, this Board approved the proposed project and adopted the
11 Mitigated Negative Declaration/Finding of No Significant Impact pertaining to this
12 project that was published on January 23, 2001.
13 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
14 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
16 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California;
17 Parcel 1 is to be acquired in fee title.
18 To prepare and prosecute in the County's name such proceedings in the proper court as are
19 necessary for such acquisition;
20 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
21 court for an order permitting the County to take immediate possession and use said real property for
22 said public uses and purposes.
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RESOLUTION NO.2003/504
1 PASSED and ADOPTED on August 12, 2003, by the following vote:
2 AYES: SCMMISM GIOIA, UnKM' aummc, GL(3M AtID DeSmJl1VIAt
3 NOES: NM
4 ABSENTiM
5 ABSTAIN:NM
6 I 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.
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14 Orig. Dept: Public Works Department(RIP)
Contact: Karen A. Laws (313-2228)
15 Auditor-Controller
16 County Counsel(Certified Copy)
17 i hereby certify that this Is a true and correct
18 Copy of an action taken and entered on the
minutes of the Board of Supervisors on the
19 date shown.
ATTESTED: _12. 20Q
20 JOHN SWEETEN, Clerk of the Board
Of SK pervieors and County Administrator
21 L.,joANIVl .=jaYl'm pAcric-Rorr.wpd BY r Deputy
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RESOLUTION NO.2QM 5t)t,
APPENDIX "A"
Parcel I - Fee
Real Property Description of the Lands of Time Pacific Company, a California corporation
situate in the City of Pittsburg, County of Contra. Costa, State of California, and being more
particularly described as follows.
That portion of Power Avenue lying within the exterior boundary of Carnegie Magor-Unit No.
2, City of Pittsburg, Contra Costa County California, filed July 1, 1954 in Book 47, Page 26,
Official records of said County.
This real property description has been prepared by me,or under my direction,in conformance
with.the Professional Land Surveyors Act.
SH
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Scott A. Shordidge YDate 7'
Licensed Land Surveyor
California No.6441 ,A NP 6441
Pie OF CAS- ��