HomeMy WebLinkAboutRESOLUTIONS - 07121994 - 94-406 H.B
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2 Condemnation of Property ) RESOLUTION OF NECESSITY
For Public Road Purposes ) No. 94/ 406
3 Appian Way Triangle ) (Code of Civ. Proc . ,
E1 Sobrante ) § 1245 .230)
4 )
5 The Board of Supervisors of Contra Costa County,
6 California by vote of two-thirds or more of its members, RESOLVES
7 that :
8 Pursuant to Government Code section 25350 . 5 and Streets
9 and Highways Code section 943 , Contra Costa County intends to
10 construct a road reconstruction project, a public improvement, to
11 realign and improve portions of Appian Way and Valley View Road in
12 the El Sobrante area, and in connection therewith to acquire
13 interests in certain real property.
14 The property to be acquired consists of twelve (12)
15 parcels and is generally located in the El Sobrante area. The said
16 property is more particularly described in Appendix "A" , attached
17 hereto and incorporated herein by reference .
18 On June 22 , 1994 , notice of the County' s intention to
19 adopt a resolution of necessity for the acquisition by eminent
20 domain of the property described in Appendix "A" was sent to
21 persons whose names appear on the last equalized County Assessment
22 Roll as the owners of said property. The notice specified July 12,
23 1994 at 9 : 00 a.m. in the Board of Supervisors Chambers in the
24 Administration Building, 651 Pine Street, Martinez, California, as
25 the time and place for the hearing thereon.
26 The hearing was held on July 12 , 1994 , at that time and
27 place, and all interested parties were given an opportunity to be
28 heard and based upon the evidence presented to it, this Board
1 finds, determines and hereby declares the following:
2 1 . The public interest and necessity require the
3 proposed project; and
4 2 . The proposed project is planned and located in the
5 manner which will be most compatible with the greatest public good
6 and the least private injury; and
7 3 . The property described herein is necessary for the
8 proposed project; and
9 4 . The offer required by section 7267 . 2 of the
10 Government Code was made to the owner or owners of record.
11 The County' s counsel is hereby AUTHORIZED and EMPOWERED:
12 To acquire in the name of Contra Costa County, by
13 condemnation, the titles, easements and rights of way as set forth
14 in Appendix "A" , in and to said real property or interests therein,
15 in accordance with the provisions of eminent domain in the Code of
16 Civil Procedure and the Constitution of California: Parcels 4, 17,
17 18 and 19 are to be acquired in fee simple absolute. Parcels 4T-1,
18 4T-2 , 4T-3 , 16T and 17T are to be acquired as temporary
19 construction easements . Parcels 4U, 16U and 17U are to be acquired
20 as permanent easements .
21 To prepare and prosecute in the County' s name such
22 proceedings in the proper court as are necessary for such
23 acquisition.
24 To deposit the probable amount of compensation, based on
25 an appraisal, and to apply to said court for an order permitting
26 the County to take possession and use said real property for said
27 public uses and purposes .
28 2
1 PASSED and ADOPTED on July 12, 1994 , by the following
2 vote :
3 AYES : Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
4 NOES : None
5 ABSENT: None
6 ABSTAIN: None
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 and regularly introduced, passed and adopted by the vote of two-
9 thirds or more of the Board of Supervisors of the Contra Costa
10 County, California, at a meeting of said Board on the date
11 indicated.
12 Dated: July 12, 1994
13 Phil Batchelor, Clerk of the
Board of Supervisors and County
14 Administrator
15
By ��1���2 e
16 Deputy
17
18
19
20
21
22
23
24
CC : Public Works Department
25 Real Property Division
Auditor-Controller
26 County Counsel (certified copy)
County Administrator
27 dfll(5) :app-wway.ron
28 3