HomeMy WebLinkAboutRESOLUTIONS - 07121994 - 94-388 H.4
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Purposes: ) NO. 94/ 388
3 Bicycle/Pedestrian Feeder ) (Code of Civ. Proc., § 1245.230)
Trail Bay Point Area )
4 )
5 The Board of Supervisors of Contra Costa County, California by vote of
6 two-thirds or more of its members, RESOLVES that:
7 Pursuant to Government Code section 25350.5 and Streets and Highways
8 Code section 943, Contra Costa County intends to construct a bicycle/pedestrian feeder
9 trail, a public improvement, in the Bay Point area, and in connection therewith to acquire
to interests in certain real property.
11 The property to be acquired consists of one parcel and is generally located
12 in the Bay Point area. The said property is more particularly described in Appendix "A",
13 attached hereto and incorporated herein by reference.
14 On June 27, 1994, notice of the County's intention to adopt a resolution of
15 necessity for the acquisition by eminent domain of the property described in Appendix "A"
16 was sent to persons whose names appear on the last equalized County Assessment Roll
17 as the owners of said property. The notice specified July 12, 1994 at 11:00 a.m. in the
18 Board of Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez,
19 California, as the time and place for the hearing thereon. .
20 The hearing was held on July 12, 1994, at that time and place, and all
21 interested parties were given an opportunity to be heard and based upon the evidence
22 presented to it, this Board finds, determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will
25 be most compatible with the greatest public good an the lest private injury; and
26 3. The property described herein is necessary for the proposed project;
27 and
28 4. The offer required by section 7267.2 of the Government code was
1 made to the owner or owners of record.
2 The County's counsel is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the name of Contra Costa County, by condemnation, the
4 titles, easements and rights of way as set forth in Appendix "A", in and to said real
5 property or interests therein, in accordance with the provisions of eminent domain in the
6 Code of Civil Procedure and the Constitution of California: Parcel 3, is to be acquired as
7 a permanent easement.
s To prepare and prosecute in the County's name such proceedings in the
9 proper court as are necessary for such acquisition.
10 To deposit the probable amount of compensation, based on an appraisal,
11 and to apply to said court for an order permitting the County to take possession and use
12 said real property for said public uses and purposes.
13 PASSED and ADOPTED on July 12, 1994, by the following vote:
14 AYES: Supervisors Smith, ,DeSaulnier, Torlakson and Powers
15 NOES: None
16 ABSENT: Supervisor Bishop
17 ABSTAIN: None
18 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
19 introduced, passed and adopted by the vote of two-thirds or more of the Board of
20 Supervisors of the Contra Costa County, California, at a meeting of said Board on-t*
21 date indicated.
22 Dated: July 12, 1994
Phil Batchelor, Clerk of the Board of
23 Supervisors and County Administrator
24 BBy: .
Deputy
25 cc: Public Works Department
Real Property Division
26 Auditor-Controller
County Counsel (certified copy)
27 County Administrator df11(5)bicycle.ron
28 2