HomeMy WebLinkAboutRESOLUTIONS - 05131997 - 97-299 ,w
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property for Flood RESOLUTION OF NECESSITY
4 Control Purposes D.A. 57 Spillway No. 97/ 299
Martinez, Area (C.C.P. Sec. 1245.230)
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6 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more of
7 its members, RESOLVES THAT:
8 Pursuant to Government Code section 25350.5 Contra Costa County intends to construct a flood
9 control and drainage facility, a public improvement, in the Martinez area and make related
10 improvements and, in connection therewith, acquire certain interests in real property. "
11 The property to be acquired consists of one (1) parcel and is generally located in the Martinez
12 area. The said property is more particularly described in Appendix "A", attached hereto and
13 incorporated herein by this reference.
14 On April 24, 1997, notice of the County's intention to adopt a resolution of necessity for
15 acquisition by eminent domain of the real property described in Appendix "A" was sent to persons
16 whose names appear on the last equalized County Assessment Roll as owners of said property. The
17 notice specified Tuesday, May 13, 1997 at 10:30 a.m. in the Board of Supervisors Chambers in the
18 Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing
19 thereon.
20 The hearing was held at that time and place, and all interested parties were given an opportunity
21 to be heard. Based upon the evidence presented to it, this Board finds, determines and hereby declares
22 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 be most compatible
25 with the greatest public good and the least private injury; and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required by Section 7267.2 of the Government Code was made to the owner or
28 owners of record.
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sD 5
1 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
2 To acquire in the County's name, by condemnation, the titles, easements and rights of way
3 hereinafter described in and to said real property or interest(s)therein, in accordance with the provisions
4 for eminent domain in the Code of Civil Procedure and the Constitution of California:
5 Parcel 1807 is to be acquired as a permanent access easement.
6 To prepare and prosecute in the County's name such proceedings in the proper court as are
7 necessary for such acquisition;
8 To deposit the probable amount of compensation, based on an appraisal, and to apply to said
9 court for an order permitting the County to take possession and use said real property for said public uses
10 and purposes.
11 PASSED and ADOPTED on May 13, 1997, by the following vote:
12 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
13 NOES: None
14 ABSENT: None
15 ABSTAIN: None
16 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
17 and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra Costa County,
18 California, at a meeting of said Board on the date indicated above.
19 Dated: May 13, 1997
20 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
21
22 By: °
eputy
23
24 cc: Public Works Department
Real Property Division
25 Auditor-Controller
County Counsel (certified copy
26 County Administrator
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