HomeMy WebLinkAboutRESOLUTIONS - 03281989 - 89-189 l
"!' 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2
Condemnation of Property )
3 For Public Road Purposes ) RESOLUTION OF NECESSITY
Livorna Road ) NO. 89/189
4 Alamo Area ) (Code of Civ. Proc. S 1245.230)
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6 The Board of Supervisors of Contra Costa County,
7 California, by vote of two-thirds or more of its members,
8 RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets
10 and Highways Code section 943, Contra Costa County intends to
11 construct a road reconstruction project, a public improvement, to
12 improve Livorna Road in the Alamo area, and, in connection
13 therewith, acquire interests in certain real property.
14 The property to be acquired consists of a slope
15 easement and is generally located in the Alamo area. The said
16 property is more particularly described in Appendix "A" , attached
17 hereto and. incorporated herein by reference.
18 On March 2, 1989, notice was sent to persons whose
19 names appear on the last equalized County Assessment Roll as
20 the owners of said property which notified said owners that the
21 County Board of Supervisors would meet on March 21, 1989 at
22. 11 :00 a.m. in its chambers at 651 Pine Street, Martinez,
23 California, to consider the adoption of a resolution of necessity
24 to acquire said property by eminent domain and that said owners
25 may appear and be heard pursuant to said notice. The hearing was
26 continued to March 28, 1989 at 10:30 a.m. at the same location.
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1 The hearing was held on March 28, 1989 and at that
2 time, and all interested parties were given an opportunity to be
3 heard. The property owner, Clifford Hirsh asked to address the
4 Board.
5 Mr. Hirsh had previously appeared before the Board on
6 February 7, 1989 and February 14, 1989, to contest the
7 recommendation of the County Condemnation Screening Committee
8 that J. Patrick Land Company's request that the Board hold a
9 hearing to determine whether a resolution of necessity,
10 authorizing the condemnation of a slope easement over the Hirsh
11 property in order to make improvements to Livorna Road, should be
12 adopted. Mr. Hirsh contended that the construction of a 20-foot
13 high retaining wall would eliminate the need to acquire a slope
14 easement over this property. The Public Works Department
15 responded to Mr. Hirsh before the Board and recommended against a
16 retaining wall on the bases of safety, aesthetics, liability and
17 cost considerations .
18 On March 21, 1989 and March 28, 1989, Mr Hirsh appeared
19 before the Board to contest the adoption of a resolution of
20 necessity to condemn a portion of his property. Mr. Hirsh
21 referred to two pieces of correspondence concerning the
22. improvement of Livorna Road that he felt precluded the County
23 from pursuing the condemnation of his property. Mr. Hirsh also
24 asserted that the appraisal on which the offer of just
25 compensation was based was not adequate because it did not value
26 the tree included with the land to be taken and did not include
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1 severance damages. The Public Works Department indicated that
2 the appraisal of the Hirsh property, a copy of which was given to
3 him as part of the appraisal summary statement, included the
4 issues of severance damage and value of trees . Mr. Hirsh
5 repeated his contention that a retaining wall should be
6 constructed in lieu of the taking of a slope easement. The Board
7 referred to the reports dated February 8, 1989 and March 13,
8 1989, and oral evidence from Public Works Department staff in
9 response to Mr. Hirsh's arguments and concerning the elements of
10 public interest and necessity, whether the project was planned
11 and located in the manner most compatible with the greatest
12 public good and least private injury, whether the Hirsh property
13 is necessary for the proposed project, and whether the offer
14 required by Government Code section 7267 . 2 was made. On this
15 date, the Board also received the County Counsel's report.
16 Based upon the matters before it, the written evidence
17 submitted and the testimony presented at the hearing of this
18 matter, this Board finds, determines and hereby declares as
19 follows:
20 1 . The public interest and necessity require the
21 proposed project; and
22. 2 . The proposed project is planned and located in the
23 manner which will be most compatible with the greatest public
24 good and the least private injury; and
25 3 . The property described herein is necessary for the
26 proposed project; and
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1 4 . The offer required by section 7267 . 2 of the
2 Government Code was made to the owner or owners of record.
3 The County's counsel (and private counsel working under
4 his supervision) is hereby AUTHORIZED and EMPOWERED:
5 To acquire in the County's name, by condemnation, a
6 slope easement to the area described in Appendix "A" , attached
7 hereto, in accordance with the provisions of eminent domain in
8 the Code of Civil Procedure and the Constitution of California;
9 To prepare and prosecute in the County's name such
10 proceedings in the proper court as are necessary for such
11 acquisition;
12 To deposit the probable amount of compensation, based
13 on an appraisal, and to apply to said court for an order
14 permitting the County to take possession and use said real
15 property for said public uses and purposes .
16 PASSED and ADOPTED on March 28, 1989, by the following
17 vote:
18 AYES: Supervisors Powers, Schroder, McPeak, Torlakson
19 NOES: None
20 ABSENT: Supervisor Fanden
21 ABSTAIN: None
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1 1 HEREBY CERTIFY that the foregoing resolution was duly
2 and regularly introduced, passed and adopted by the vote of two-
3 thirds or more of the Board of Supervisors of the Contra Costa
4 County, California, at a meeting of said Board on the date
5 indicated.
6 Dated:
7 Phil Batchelor, Clerk of the
Board of Supervisors and
8 County Administrator
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10 By:
11 Deputy
12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
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