HomeMy WebLinkAboutRESOLUTIONS - 03281995 - 95-141 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property RESOLUTION OF NECESSITY
for Public Road Purposes No. 95/ 141
4 Brookside Drive Realignment (C.C.P. Sec. 1245.230)
Richmond Area
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6 The Board of Supervisors of Contra Costa County, California, by vote of two-
7 thirds or more of its members, RESOLVES THAT:
8 Pursuant to Government Code Section 25350.5 and Streets and Highways Code
9 Section 943, Contra Costa County intends to construct a road reconstruction project, a
10 public improvement, to realign a portion of Brookside Drive in the Richmond area,
11 including the relocation of utilities, and in connection therewith, acquire interests in
12 certain real property.
13 The property to be acquired consist of six (6) parcels and is generally located in
14 the Richmond area. The said property is more particularly described in Appendix "A",
15 attached hereto and incorporated herein by this reference.
16 On March 13, 1995, notice of the County's intention to adopt a resolution of
17 necessity for acquisition by eminent domain of the real property described in Appendix
18 "A" was sent to persons whose names appear on the last equalized County Assessment
19 Roll as owners of said property. The notice specified Tuesday, March 28, 1995 at 11:00
20 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
21 Street, Martinez, California, as the time and place for the hearing thereon.
22 The hearing was held at that time and place, and all interested parties were
23 given an opportunity to be heard and based upon the evidence presented to it, this Board
24 finds, determines and hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will be
27 most compatible with the greatest public good and the least private injury; and
28 3. The property described herein is necessary for the proposed project; and
1 4. The offer required by Section 7267.2 of the Government Code was made to
2 the owner or owners of record.
3 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
4 To acquire in the County's name, by condemnation, the titles, easements and
5 rights of way hereinafter described in and to said real property or interest(s) therein, in
6 accordance with the provisions for eminent domain in the Code of Civil Procedure and
7 the Constitution of California;
8 Parcels 4A, 4B, 5A, 5B, 5C and 6 are to be acquired in fee title.
9 To prepare and prosecute in the County's name such proceedings in the proper
10 court as are necessary for such acquisition;
11 To deposit the probable amount of compensation, based on an appraisal, and to
12 apply to said court for an order permitting the County to take possession and use said
13 real property for said public uses and purposes.
14 PASSED and ADOPTED on March 28, 1995, by the following vote:
15 AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
16 NOES: None
17 ABSENT: None
18 ABSTAIN: None
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1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board on the
4 date indicated.
5 Dated: March 28, 1995
6 Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
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8 By: -
Deputy
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17 cc: Public Works Department
Real Property Division
18 Auditor-Controller
County Counsel (certified copy)
19 County Administrator
20 df15: brkside.ron
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