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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
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3 Condemnation of Property )
For Public Road Purposes, ) RESOLUTION OF NECESSITY
4 State Highway 4 at Big Break ) NO. 88/378
Oakley Area ) (Code Civ. Proc. 5 1245.230)
5 )
6 The Board of Supervisors of Contra Costa County, California by vote
7 of two-thirds or more of its members, RESOLVES that:
8 Pursuant to Government Code section 25350.5 and Streets and Highways
9 Code section 943, Contra Costa County intends to construct a road relocation
10 project, a public improvement to widen a portion of State Highway 4 in the
11 Oakley area and, in connection therewith, acquire interests in certain real
12 property.
13 The property to be acquired consists of 2 parcels and is generally
14 located in the Oakley area. The said property is more particularly described in
15 Appendix "A", attached hereto and incorporated herein by reference.
16 On June 7, 1988, this Board passed a resolution of intention to adopt
17 a resolution of necessity for the acquisition by eminent domain of the property
18 described in Appendix "A" (Resolution No. 88/310) and fixing 10:30 a.m.,
19 June 28, 1988, in its Chambers in the Administration Building, 651 Pine Street,
20 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
22 were given an opportunity to be heard and based upon the evidence presented to
23 it, this Board finds, determines 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
26 will be most compatible with the greatest public good and the least private
27 injury; and
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RESOLUTION NO. 88/378
J 1 3. The property described herein is necessary for the proposed pro-
2 ject; and
3 4. The offer required by Section 7267.2 of the Government Code was
4 made to the owner or owners of record.
5 The County Counsel of this County, or any Counsel associated by him, is
6 hereby AUTHORIZED and EMPOWERED:
7 To acquire in the name of the Contra Costa County, by condemnation, the
8 titles, easements and rights of way as set forth in Appendix "A", in and to said
9 real property or interests therein, in accordance with the provisions for emi-
10 nent domain in the Code of Civil Procedure and the Constitution of California.
11 Parcels One and Two are to be acquired in fee title.
12 To prepare and prosecute in the County's name such proceedings in the
13 proper court as are necessary for such acquisition.
14 To deposit the probable amount of compensation, based on an appraisal,
15 and to apply to said court for an order permitting the County to take immediate
16 possession and use said real property for said public uses and purposes.
17 PASSED and ADOPTED on June 14, 1988, by the following vote:
18 AYES: Supervisors Powers , Fanden, McPeak, Torlakson $ Schroder
19 NOES: None
20 ABSENT: None
21 ABSTAIN: None
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1 I HEREBY CERTIFY that the foregoing resolution was duly and regularly
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2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board
4 on the date indicated.
5 Dated: June 28, 1988
6 Phil Batchelor, Clerk of the
Board of Supervisors and
7 County Administrator
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By:
9 Deputy
10 cc: Public Works Department,
Real Property Division
11 Auditor-Controller
County Counsel (Certified Copy)
12 County Administrator
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