HomeMy WebLinkAboutRESOLUTIONS - 07132004 - 2004 RES 335 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 Bailey ) No. 2004/3 5 5
Road to Railroad Avenue ) (C.C.P. § 1245.230)
5 Soundwall Project )
Pittsburg Area )
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The Board ofSupervisors of Contra Costa County,California,by vote oftwo-thirds or more of
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its members, RESOLVES that:
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Pursuant to Government Code section 25350.5 and Streets&Highways Code section 943,
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Contra Costa County intends to construct a soundwall public improvement on the north side of State Route
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12 4 between Bailey Road and Railroad Avenue in the Pittsburg Area,and,in connection therewith,acquire
interests in certain real property.
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14 The properties to be acquired consist of four(4)parcels and are generally located in the Pittsburg
15 area. The said properties are more particularly described in Appendix "A", attached hereto and
incorporated herein by this reference.
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17 On June 15,2004,notice ofthe County's intention to adopt a resolution ofnecessity for acquisition
18 by eminent domain of the real property described in Appendix"A"was sent to persons whose names
19 appear on the last equalized County Assessment Roll as owners ofsaid property. The notice specified July
20 13,2004,at 9:30 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 given an opportunity
23 to be heard and based upon the evidence presented to it,this Board finds,determines and hereby declares
the following:
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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 compatible
27 with the greatest public good and the least private injury; and
2$ 3. The property described herein is necessary for the proposed project; and
RESOLUTION NO. 2 04/355
1 4. The offer required by section 7267.2 ofthe Government Code was made to the owner or
2 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 ofsuch property
5 by Contra Costa County for highwaypurposes is for a more necessary public use than the
6 use to which the property has already been appropriated or a compatible public use. This
7 determination and finding is made and this resolution is adopted pursuant to Code of Civil
8 Procedure sections 1240.510 and 1240.610; and
9 6. On January 6,2004,this Board approved the property transactions associated with the
10 proposed project and adopted the Negative Declaration/Finding ofNo Significant Impact
11 pertaining to this project that was published in May 1998.
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 provisions
15 for eminent domain in the Code of Civil Procedure and the Constitution of California:
16 Parcels 1 and 2 are to be acquired in fee title.
17 Parcels 3 and 4 are to be acquired as temporary easements.
18 To prepare and prosecute in the County's name such proceedings in the proper court as are
19 necessary for such acquisition;
20 To deposit the probable amount of compensation,based on an appraisal,and to apply to said court
21 for an order permitting the County to take immediate possession and use said real property for
22 said public uses and purposes.
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24 Ill
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27 ill
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RESOLUTION NO. 2 o n t S 5
1 PASSED and ADOPTED on July 13, 2004,by the following vote:
2 AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER andGLOVER
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 and
8 adopted by the vote oftwo-thirds or more ofthe Board of Supervisors of Contra Costa County,California,
9 at a meeting of said Board on the date indicated above.
10 1 hereby certify that this is a trine and correct
copy of an action taken and entered on the
11 minutes of the Boa12 r of Supervisors on the
date shown. ,r
JOHN TEWelerk of the Board�.
13 of Su scars and County Administrator
14 By
Deputy
15 Orig. Dept: Public Works Department(R/P)
Contact: Icon Babst(313-2226)
16 Auditor-Controller
County Counsel(Certified Copy)
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22 HXondemnation Porms\Resolution of Necessity(Bailey Rd soundwall).wpd
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RESOLUTION NO. 2004/355