HomeMy WebLinkAboutRESOLUTIONS - 04161996 - 96-182 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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4 Re: Condemnation of Property for Storm RESOLUTION OF NECESSITY
Drain Facility Alamo Area No. 96/ 182
5 (C.C.P. Sec. 1245.230)
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7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
8 more of its members, RESOLVES THAT:
9 Pursuant to Government Code Section 25350.5, Contra Costa County intends to
10 construct a storm drain improvement project, a public improvement and, in connection
11 therewith, acquire certain interests in real property.
12 The property to be acquired consists of nine (9) parcels and is generally located in the
13 Alamo area. The said property is more particularly described in Appendix "A", attached hereto
14 and incorporated herein by this reference.
15 On March 28, 1996, notice of the County's intention to adopt a resolution of necessity
16 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of
18 said property. The notice specified Tuesday, April 16, 1996 at 2:00 p.m. in the Board of
19 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
20 as the time and place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
23 determines and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25 2. The proposed project is planned and located in the manner which will be most
26 compatible with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 4. The offer required by Section 7267.2 of the Government Code was made to the
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1 owner or owners of record.
2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
3 To acquire in the County's name, by condemnation, the titles, easements and rights of
4 way hereinafter described in and to said real property or interest(s)therein, in accordance with
5 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
6 California:
7 Parcels 1753.1 and 1754.1 are to be acquired as permanent drainage easements.
8 Parcel 1753B is to be acquired as a permanent access easement.
9 Parcels 1753T-1.2, 1753T-2.1, 1753T-4, 1753T-5, 1754T-1.1 and 1754T-2.2 are to be
10 acquired as temporary construction easements.
11 To prepare and prosecute in the County's name such proceedings in the proper court
12 as are necessary for such acquisition;
13 To deposit the probable amount of compensation, based on an appraisal, and to apply
14 to said court for an order permitting the County to take possession and use said real property
15 for said public uses and purposes.
16 PASSED and ADOPTED on April 16, 1996, by the following vote:
17 AYES: Supervisors Rogers, Bishop, deSaulnier, Torlakson, Smith
18 NOES: None
19 ABSENT: None
20 ABSTAIN: None
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1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two-thirds or more of the Board of supervisors of the
3 Contra Costa County, California, at a meeting of said Board on the date indicated above.
4 Dated: April 16, 1996
5 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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7 By: 64
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12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
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16 H:\DFOTI\BRIEFS\SLA\STORM.RS.WPD
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