HomeMy WebLinkAboutRESOLUTIONS - 11011988 - 88-695 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EB—OFFICIO GOVERNING BODY OF CONTRA COSTA
2 J COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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4 Condemnation of Property )
For Flood Control Purposes )
5 Drainage Area 56 ) RESOLUTION OF NECESSITY
Line 2$ Channel ) N0. 68/695
6 Antioch Area ) (Code of Civ. Proc. S 1245.230)
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8 The Board of Supervisors of Contra Costa County,
9 California as ex-officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District by vote of
11 two-thirds or more of its members, RESOLVES that:
12 Pursuant to West's Water Code, Appendix S 63-5 and
13 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
14 Costa County Flood Control and Water Conservation District
15 intends to construct a flood control channel project, a public
16 improvement for flood control purposes, and in connection
17 therewith, acquire interests in certain real property.
18 The property to be acquired consists of 17 parcels and
19 is generally located in the southeast Antioch area. The said
20 property is more particularly described in Appendix "A" , attached
21 hereto and incorporated herein by reference.
22 On September 13, 1988, this Board passed a resolution
23 'of intention to adopt a resolution of necessity for the
24 acquisition by eminent domain of the property described in
25 Appendix "A" (Resolution No. 88/577) and fixing 10:30 a.m. ,
26 October 4, 1988, in its Chambers in the Administration Building,
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RESOLUTION NO. 88/695
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1 651 Pine Street, Martinez, California, as the time and place for
2 the-hearing thereon. The hearing was continued until November 11
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3 1988 at 11:00 a.m.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following:
8 1. The public interest and necessity require the
9 proposed project; and
10 2. The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the least private injury; and
13 3. The property described herein is necessary for the
14 proposed project; and
15 4. The offer required by section 7267.2 of the
16 Government Code was made to the owner or owners of record.
17 The County Counsel of this County, or any Counsel
18 associated by him, is hereby AUTHORIZED and EMPOWERED:
19 To acquire in the name of the Contra Costa County Flood
20 Control and Water Conservation District, by condemnation, the
21 titles, easements and rights of way as set forth in Appendix "A" ,
22 in and to said real property or interests therein, in accordance
23 with the provisions of eminent domain in the Code of Civil
24 Procedure and the Constitution of California: Parcels 1563,
25 1564, 1565.2 and 1566 are to be acquired in fee title; Parcels
26 1563T, 1563T-1, 1564T, 1564T-1 through 1564T-5, 1565T.2,
27 1565T.2-1 through 1565T.2-3 and 1566T are to be acquired as
28 temporary easement.
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1 To prepare and prosecute in the District's name such
2 proceedings in the proper courtas are necessary for such
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3 acquisition.
4 To deposit the probable amount of compensation, based
5 on an appraisal, and to apply to said court for an order
6 permitting the District to take possession and use said real
7 property for said public uses and purposes.
8 PASSED and ADOPTED on November 1, 1988, by the
9 following vote:
10 AYES: Supervisors Powers , Fanden,McPeak, Torlakson $ Schroder
11 NOES: None
12 ABSENT: None
13 ABSTAIN: None
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15 I HEREBY CERTIFY that the foregoing resolution was duly
16 and regularly introduced, passed and adopted by the vote of two-
17 thirds or more of the Board of Supervisors of the Contra Costa
18 County, California, at a meeting of said Board on the date
19 indicated.
20 Dated: November 1, 1988
21 Phil Batchelor, Clerk of the
Board of Supervisors and
22 County Administrator
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24
BYE
25 Deputy
26 cc: Public Works Department
Real Property Division
27 Auditor-Controller
County Counsel (certified copy)
28 County Administrator
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