HomeMy WebLinkAboutRESOLUTIONS - 05101994 - 94-276 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
3 for Public Road Purposes , ) NO. 94/276
Appian Way Triangle ) (C.C .P. § 1245 . 230 )
4 El Sobrante Area ) (C.C.P. § 1240 . 410 (b) )
)
5
6 The Board of Supervisors of Contra Costa County,
7 California, by vote of two-thirds or more of its members, RESOLVES
8 that:
9 Pursuant to Government Code section 25350 .5, Streets and
10 Highways Code section 943, and Code of Civil Procedure section
11 1240 . 410 (b) Contra Costa County intends to construct a road
12 reconstruction project, a public improvement, to widen, realign and
13 improve portions of Appian Way and Valley View Road in the E1
14 Sobrante area, and in connection therewith, acquire interests in
15 certain real property.
16 The property to be acquired consists of four parcels and
17 is generally located in the E1 Sobrante area. The said property is
18 more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by this reference.
20 On April 18, 1994 , notice of the County' s intention to
21 adopt a resolution of necessity for acquisition by eminent domain
22 of the real property described in Appendix "A" was sent to persons
23 whose names appear on the last equalized County Assessment Roll as
24 owners of said property. The notice specified Tuesday, May 10,
25 1994 , at 11 :00a.m. in the Board of Supervisors Chambers in the
26 Administration Building, 651 Pine Street, Martinez, California, as
27 the time and place for the hearing thereon.
28
RESOLUTION NO. 94/276
1 � The hearing was held at that time and place, and all
2I interested parties were given an opportunity to be heard. Based
3 upon the evidence presented to it, this Board finds , determines and
4 hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project.
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public .,good
9 and the least private injury.
10 3 . The property described herein is necessary for the
11 proposed project.
12 4 . The offer required by and consistent with section
13 7267 . 2 of the Government Code, together with the accompanying
14 statement of the amount established as just compensation, was made
15 to the owner or owners of record .
16 5 . All conditions necessary to establish the right to
17 take the property required for the road project have been complied
18 with.
19 The County Counsel of this County is hereby AUTHORIZED
20 and EMPOWERED:
21 To acquire in the County's name, by condemnation, the
22 property described in Appendix "A" , attached hereto and
23 incorporated herein by this reference in accordance with the
24 provisions for eminent domain in the Code of Civil Procedure and
25 the Constitution of California:
26 Parcels 10 and 15 are to be acquired in fee simple
27 absolute. Parcel 10A is to be acquired in fee simple absolute as a
281 2 .
1 remnant pursuant to Code of Civil Procedure section 1240 . 410 (b) .
2 Parcel 15T is to be acquired as a temporary construction easement .
3 To prepare and prosecute in the County' s name such
4 proceedings in the proper court as are necessary for such
5 acquisition;
6 To deposit the probable amount of compensation, based on
7 an appraisal, and to apply to said court for an order permitting
8 the County to take immediate possession and use said real property
9 for said public uses and purposes .
10 PASSED and ADOPTED on May 10, 1994 , by the following
11 vote:
12 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
13 NOES : None
14 ABSENT: None
15
16
17
18
19
20
21
22
23
24
25
26
27
28i 3
I I 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 Contra Costa County,
4 California, at a meeting of said Board on the date indicated.
5 Date: May 10, 1994
6 I hereby certify that this is a
true and correct copy of an.
7 action taken and entered on the
minutes of the Board of
8 Supervisors on the date shpwn.
9 ATTESTED: 2&a_i�
10 PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
11 Administrator
12 /�
By: L �-
13 . Deputy
14
Orig. Dept: Public Works Department (R/P)
15 cc: Auditor-Controller
County Counsel (Certified Copy)
161
SLA:df
17 df11(5):pau1.ron
18
19
20
21
22
23
24
25
26
27
281 4
I