HomeMy WebLinkAboutRESOLUTIONS - 06192001 - 2001-255 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 Port Chicago Hwy., Bay ) No. 2001/255
Point Area ) (C.C.P. § 1245.230)
5 )
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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 intends to construct a road reconstruction project, a public improvement, to
11 widen a portion of Port Chicago Highway in the Bay Point area, and, in connection therewith,
12 acquire interests in certain real property.
,13 The properties to be acquired consist of twelve(12)parcels and are generally located in the
14 Bay Point area. The said properties are more particularly described in Appendix "A", attached
15 hereto and incorporated herein by this reference.
16 On June 1, 2001, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified June 19, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
20 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 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 most
27 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
RESOLUTION NO. 2001/255 1
1 4. The offer required by section 7267.2 of the Government Code was made to the owner
2 or owners of record; and
3 5. That insofar as any of the property described in this resolution has heretofore been
4 dedicated to the public use for public purposes, the acquisition and use of such
5 property by Contra Costa County for highwaypurposes is for a more necessary public
6 use than the use to which the property has already been appropriated or a compatible
7 public use. This determination and finding is made and this resolution is adopted
8 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
9 6. On January 23,2001,this Board approved the proposed project and determined that
10 the Port Chicago Highway Widening Intersection and Improvements Project is a
11 California Environmental Quality Act (CEQA) Class 1(c) categorical exemption.
12 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
13 To acquire in the County's name, by condemnation, the titles, easements and rights of way
14 hereinafter described in and to said real property or interest(s) therein, in accordance with the
15 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
16 Parcels 2, 5 and 8 are to be acquired in fee title.
17 Parcels 1, 3, 6, and 9 are to be acquired as permanent easements.
18 Parcels 4, 7, 10 and 14 are to be acquired as temporary easements.
19 Parcel 1-A is to be acquired as Abutter's Rights (Relinquishment of Access Rights).
20 To prepare and prosecute in the County's name such proceedings in the proper court as are
21 necessary for such acquisition;
22 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
23 court for an order permitting the County to take immediate possession and use said real property for
24 said public uses and purposes.
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RESOLUTION NO. 2001/255 2
I PASSED and ADOPTED on June 19, 2001, by the following vote:
2 AYES: SU?--ERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
3 NOES: NONE
4 ABSENT: NONE
5 ABSTAIN: NONE
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7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
10
I hereby certify that this is a true and correct-
copy of an actio taken and entered on the
minutes of the and of Supervisors on the
12 date shown.
ATTESTED:
13 JOH EETEN, Clerk of the Board
of Su visors and C nty.Administrator
14 By /► --�— PrutY
15 OriVDept: Public Works Department ( `�
Contact: Dick R. Awenius (313-2227)
16 Auditor-Controller
County Counsel (Certified Copy)
17 1ACLER\C0NDEMN1,PCres-nee.wpd
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RESOLUTION NO. 2001/255 3