HomeMy WebLinkAboutRESOLUTIONS - 06281994 - 94-342 H•C
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Storm Drain Purposes, ) No. 94/342
4 in connection with Drainage ) (C.C. P. § 1245 . 230)
Area 48C Bay Point Area ) (C.C.P. § 1240 . 610
5 ) (C.C. P. § 1240 . 510)
6 The Board of Supervisors of Contra Costa County, California,
7 by vote of two-thirds or more of its members, RESOLVES that :
8 Pursuant to Government Code section 25350 . 5 Contra Costa
9 County intends to construct a storm drain improvement project, a
10 public improvement in the Bay Point Area, and, in connection
11 therewith, acquire interests in certain real property.
12 The property to be acquired consists of two parcels and is
13 generally located in the Bay Point area. The said property is more
14 particularly described in Appendix "A" , attached hereto and
15 incorporated herein by this reference .
16 On June 13 , 1994 , notice of the County' s intention to adopt a
17 resolution of necessity for acquisition by eminent domain of the
18 real property described in Appendix "A" was sent to persons whose
19 names appear on the last equalized County Assessment Roll as owners
20 of said property. The notice specified Tuesday, June 28, 1994 at
21 9 : 00 a.m. in the Board of Supervisors Chambers in the
22 Administration Building, 651 Pine Street, Martinez, California, as
23 the time and place for the hearing thereon.
24 The hearing was held at that time and place, and all
25 interested parties were given an opportunity to be heard. Based
26 upon the evidence presented to it, this Board finds, determines and
27 hereby declares the following:
28 1 . The public interest and necessity require the proposed
1 project .
2 2 . The proposed project is planned and located in the manner
3 which will be most compatible with the greatest public good and the
4 least private injury.
5 3 . The property described herein is necessary for the
6 proposed project .
7 4 . The offer required by and consistent with section 7267 . 2
8 of the Government Code, together with the accompanying statement of
9 the amount established as just compensation, was made to the owner
10 or owners of record.
11 5 . That insofar as any of the property described in this
12 resolution has heretofore been dedicated to the public use, the
13 acquisition and use of such property by Contra Costa County for
14 highway purposes is for a more necessary public use than the use to
15 which the property has already been appropriated or a compatible
16 public use . This determination and finding is made and this
17 resolution is adopted pursuant to Code of Civil Procedure sections
18 1240 . 610 and 1240 . 510 .
19 6 . All conditions necessary to establish the right to take
20 the property required for the storm drain improvement project have
21 been complied with.
22 The County Counsel of this County is hereby AUTHORIZED and
23 EMPOWERED:
24 To acquire in the County' s name, by condemnation, the
25 property described in Appendix "A" , attached hereto and
26 incorporated herein by this reference in accordance with the
27 provisions for eminent domain in the Code of Civil Procedure and
28 2
1 the Constitution of California:
2 Parcels 1694 and 1696 are to be acquired as permanent
3 easements .
4 To prepare and prosecute in the County' s name such
5 proceedings in the proper court as are necessary for such
6 acquisition;
7 To deposit the probable amount of compensation, based on an
8 appraisal , and to apply to said court for an order permitting the
9 County to take immediate possession and use said real property for
10 said public uses and purposes .
11 PASSED and ADOPTED on June 28, 1994 , by the following vote :
12 AYES : Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
13 NOES : None
14 ABSENT: None
15 I HEREBY CERTIFY that the foregoing resolution was duly and
16 regularly introduced, passed and adopted by the vote of two thirds
17 or more of the Board of Supervisors of Contra Costa County,
18 California, at a meeting of said Board on the date indicated.
19 Dated: June 28, 1994
20 1 hereby OMIV that this is a true and correct copYof
an action taken and entered on the minutes of the
Board of Supervisors on�daLe�Igwn
21 ATTESTED; June fcj
PHIL BATCHELOR,Clerk of the Board
22 Of Supervisors and County Administrator
23 By _ A /J, , .DMW
24 Orig. Dept . Public Works Department (R/P)
Contact :
25
CC : Auditor-Controller
26 County Counsel (Certified Copy)
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27 df11(5):bay-pt.ron
28 3