HomeMy WebLinkAboutRESOLUTIONS - 04102001 - 2001-146 ;:. o
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 State Route 4 East, Railroad ) No. 2001/146
Ave. to Loveridge Rd., ) (C.C.P. § 1245.230)
5 Pittsburg Area )
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7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943,
10 Contra Costa County, through a joint exercise of powers with the Contra Costa Transportation
11 Authority and Caltrans, intends to construct a road reconstruction project, a public improvement,to
12 widen 2.2 miles of State Route 4 from west of Railroad Avenue to east of Loveridge Road in the
13 Pittsburg area, and, in connection therewith, acquire interests in certain real property.
14 The properties to be acquired consist of twelve (12)parcels and are generally located in the
15 Pittsburg area. The said properties are more particularly described in Appendix"A", attached hereto
16 and incorporated herein by this reference.
17 On March 22, 2001, notice of the County's intention to adopt a resolution of necessity for
18 acquisition by eminent domain of the real property described in Appendix"A" was sent to persons
19 whose names appear on the last equalized County Assessment Roll as owners of said property. The
20 notice specified April 10, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
21 Administration Building,651 Pine Street,Martinez, California, as the time and place for the hearing
22 thereon.
23 The hearing was held at that time and place, and all interested parties were given an
24 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
25 hereby declares the following:
26 1. The public interest and necessity require the proposed project; and
27 2. The proposed project is planned and located in the manner which will be most
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RESOLUTION OF NECESSITY 1
I compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by section 7267.2 of the Government Code was made to the owner
4 or owners of record; and
5 5. On March 27, 2001, this Board APPROVED the proposed project and ADOPTED
6 the Mitigated Negative Declaration/Finding of No Significant Impact pertaining to
7 this project that was published on January 23, 2001.
8 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
9 To acquire in the County's name, by condemnation,the titles, easements and rights of way
10 hereinafter described in and to said real property or interest(s) therein, in accordance with the
11 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
12 Parcel(s) 1 through 8, inclusive, 9 and 11 are to be acquired in fee title.
13 Parcel(s) 10 and 12 are to be acquired as temporary easement(s).
14 To prepare and prosecute in the County's name such proceedings in the proper court as are
15 necessary for such acquisition;
16 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
17 court for an order permitting the County to take immediate possession and use said real property for
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RESOLUTION OF NECESSITY 2
I said public uses and purposes.
2 PASSED and ADOPTED on April 10, 2001, by the following vote:
3 AYES: SUPERVISORS GIOIA, DeSAULNIER, GLOVER and UILKEMA
4 NOES: —ILONE
5 ABSENT: NONE
ABSTAIN : SUPERVISOR GERBER
6 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
7 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
8 County, California, at a meeting of said Board on the date indicated.
9 Date: April 10, 2001
10 I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
11 date shown.
12 ATTESTED: April 10 . 2001
MHN SWEETEN, plerk of the Board
13 of uperv'sors an o ty AdmiYnistrator
By / Deputy
14 Orig. Dept: Public Works Department (R/P)
Contact: Debra L. Baker(313-2224)
15 Auditor-Controller
County Counsel (Certified Copy)
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RESOLUTION OF NECESSITY 3