HomeMy WebLinkAboutRESOLUTIONS - 03191991 - 91-176 H.1
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Public Road Purposes, ) NO. 91/176
Empire Avenue ) (C.C.P. § 1245.230)
Oakley Area )
Project No. 0662-6194032 )
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The Board of Supervisors of Contra Costa County, California, by vote of two-thirds
or more of its members, RESOLVES that:
Pursuant to Government Code Section 25350.5 and Streets & Highways Code
Section 943, Contra Costa County intends to widen and improve a portion of Empire
Avenue, a road reconstruction project, a public improvement, in the Oakley area, and, in
connection therewith, acquire interests in certain real property.
The property to be acquired consists of a 3,577 sq. ft. slope easement and is
generally located in the Oakley area. The said property is more particularly described in
Appendix "A", attached hereto and incorporated herein by this reference.
On February 27, 1991, notice of the County's intention to adopt a resolution of
necessity for acquisition by eminent domain of the real property described in Appendix
"A" was sent to persons whose names appear on the last equalized County Assessment
Roll as owners of said property. The notice specified Tuesday March 19, 1991, at 11:00
a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
Street, Martinez, California, as the time and place for the hearing thereon.
The hearing was held at that time an,d place, and all interested parties were given
an opportunity to be heard and based upon the evidence presented to it, this Board
finds, determines and hereby declares the following:
1. The public interest and necelssity require the proposed project; and
2. The proposed project is planned and located in the manner which will be
most compatible with the greatest public good and the least private injury;
and
3. The property described herein is necessary for the proposed project; and
4. The offer required by Section 7267.2 of the Government Code was made
to the owner or owners of record.
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The County Counsel of this Countylis hereby AUTHORIZED and EMPOWERED:
To acquire in the County's name,!by condemnation, the titles, easements and
rights of way hereinafter described in an'd to said real property or interest therein, in
accordance with the provisions for eminent domain in the Code of Civil Procedure and
the Constitution of California:
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Parcel 1 is to be acquired as permanent easement.
To prepare and prosecute in the Ciounty's name such proceedings in the proper
court as are necessary for such acquisition;
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RESOLUTION NO. 91/176
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To deposit the probable amount of compensation, based on an appraisal, and to
apply to said court for an order permitting the County to take immediate possession and
use said real property for said public uses ,and purposes.
PASSED and ADOPTED on March 19, 1991 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, "Torlakson and Powers
NOES: None
ABSENT: None
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
introduced, passed and adopted by the vote of two thirds or more of the Board of
Supervisors of Contra Costa County, California, at a meeting of said Board on the date
indicated.
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Date: March 19, 1991
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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By:
Deputy
cc: Public Works Department, i
Real Property Division
Auditor-Controller
County Counsel (Certified copy)
Mrs
c:co2e.t6
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RESOLUTION NO. 91/176