HomeMy WebLinkAboutRESOLUTIONS - 10171989 - 89-695 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1 '
3
Condemnation of Property ) RESOLUTION OF NECESSITY
4 For Flood Control Purposes ) NO. 89/695
Upper Pine Creek ) (Code, of Civ. Proc. 51245 . 230)
5 Concord Area )
6
7 The Board of Supervisors of Contra Costa County,
8 California as enc-officio governing body of the Contra Costa County
9 Flood Control and Water Conservation District by vote of two-
10 thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix 5 63-5 and
12 Deering's Water Code, Uncodified Acts, Acts 1656, 5 5, Contra
13 Costa County Flood Control and Water Conservation District intends
14 to construct' a flood control channel project, a public improvement
15 for flood control purposes, and in connection therewith, acquire
16 interests in certain real property.
17 The property to be acquired consists of three parcels and
18 is generally located in the Concord area. The said property is
19 more particularly described in Appendix "A" , attached hereto and
20 incorporated herein 'by reference.
21 On September 19, 1989, notice of the District's intention
22 to adopt a resolution of necessity for the acquisition by eminent
23 domain of the property described in Appendix "A" was sent to
24 persons whose names appear on the last equalized County Assessment
25 Roll as the owners of said property. The notice specified
26 Tuesday, October 17, 1989, at 11:00 a.m. , in the Board of
27 Supervisors Chambers in the Administration Building, 651 Pine
28
RESOLUTION NO. 89/695
1 Street, Martinez, California, as the time and place for the
2 hearing thereon.
3 The hearing was held at that time and place, and all
4 interested parties were given an opportunity to be heard and based
5 upon the evidence presented to it, this Board finds, determines
6 and hereby declares the following:
7 1 . The public interest and necessity require the
8 proposed project;, and
9 2 . The proposed project is planned and located in the
10 manner which will be most compatible with the greatest public good
11 and the least private injury; and
12 3 . The property described herein is necessary for the
13 proposed project; and
14 4 . The offer required by section 7267 . 2 of the
15 Government Code was made to the owner or owners of record.
16 The District's counsel is hereby AUTHORIZED and
17 EMPOWERED:
18 To acquire in the name of the Contra Costa County ,Flood
19 Control and Water Conservation District, by condemnation, the
20 titles, easements and rights of way as set forth in Appendix "A" ,
21 in, and to said real property or interests therein, in accordance
22 with the provisions of eminent domain in the Code of Civil
23 Procedure and the Constitution of California: Parcels 1574, 1578
24 and . 1582 are to be acquired in fee title.
25 To prepare and prosecute in the District's name such
26 proceedings in the proper court as are necessary for such
27 acquisition.
28
2
1 To deposit the probable amount of compensation, based on
2 an appraisal, and to apply to said court for an order permitting
3 the District to take possession and use said real property for
4 said public uses and purposes.
5 PASSED and ADOPTED on October 17, 1989, by the following
6 vote:
7 AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson
8 NOES: None
9 ABSENT: None
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Board of Supervisors of the Contra Costa
15 County, California, at a meeting of said Board on the date
16 indicated.
17 Dated:
Phil Batchelor, Clerk of the
18 Board of Supervisors and
County Administrator
19
20 By: Q
Deputy
21
22
23
cc: Public Works Department
24 Real Property Division
Auditor-Controller
25 County Counsel (certified copy)
County Administrator
26
27 df6:ginecrk.rn
28
3
Upper Pine creek
Project No.: 7520-6B8688
APPENDIX "An
PARCEL, 1574 - FEE (Beach)
A portion of Lot 177 as said lot is shown on the map entitled Subdivision
3440 - 'White Oaks - Unit No. 3 filed June 15, 1965 in Book 105 of Maps at
page 4, records of Contra Costa County, State of California, described as
follows:
Beginning at the most easterly corner of said Lot 177, thence frean said
Point of Beginning along the easterly.line of said Lot 177, north 210 52'
05" west (record N 210 52' 24" W) 66.96 feet and northerly along a tangent
curve, concave to the west having a radius of 958.00 feet through a central
angle of 00 48' '0011, an arc distance of 13.38 feet to the most northerly
corner of said Lot 177; thence along the northerly line of said lot 177,
south 740 26' 48" West 6.63 feet; thence leaving said line south 200 36'
16" east 36.93 feet; thence south 260 56' 05" east 45.31 feet to the
southeasterly line of said Lot 177; thence along said line. north 520 20'
19" east 3.64 feet to the said most easterly corner of Lot 177, the Point of
Beginning.
Containing an area of 506 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System Zone III, CCS27.
PARCEL 1578 - FEE (Selby)
A portion of lot 189 as said lot is shown on the map entitled Subdivision
3440 - White Oaks - Unit No. 3 filed June 15, 1965 in Book 105 of Maps at
page 4, records of Contra Costa County, State of California, described as
follows:
Beginning at the most northerly corner of said Lot 189, thence from said
Point of Beginning along the northwesterly line of said Lot 189, south 640
24' 11" west (record S 640 23' 52" W) 7.01 feet; thence leaving said line
south 180 52' 30" east 81.02 feet to the southerly line of said Int 189;
thence along said line north 680 07' 55" east 6.68 feet to the easterly line
of said Lot 189; thence along said line, north 210 201 41" west 33.58 feet,
north 10 26' 07" West 12.14 feet and north 210 52' 05 west 36.41 feet to the
said most northerly corner of Lot 189, the Point of Beginning.
Containing an area of 567 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System Zone III, CC527.
PARCEL 1582 - FEE (Jacobson)
A portion of Int 183 as said lot is shown on the map entitled Amended Map of
Subdivision 3212 - Ygnacio Wood - Unit No. 4 filed November 12, 1964 in Book
101 of Maps at page 31, records of Contra Costa county, State of California,
described as follows:
Beginning at the most northerly corner of said lot 183, thence from said
Point of Beginning along the easterly line of said Lot 183, south 210 52'
05" east (record S 210 55' 02" E) 85.00 feet to the most easterly corner of
said Ict 183; thence along the southerly line of said Lot 183, south 680 07'
55" west 3.09 feet; thence leaving said line north 250 06' 03" west 85.14
feet to the northerly line of said lot 183; thence along said line north
680 07' 55" east 7.89 feet to the said most northerly corner of Lot 183, the
Point of Beginning. A
Containing an area of 467 square feet of land, more or less.
Bearings used in the above description are based on the California
Coordinate System Zone III, C(S27.
Mrs
ex:jac
T. 46
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 17 , 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Condemnation of Real Property Needed for Upper Pine Creek
Flood Control Project
This being the time set for the Board to hold a duly noticed
hearing on the proposed condemnation of real property needed for the
Upper Pine Creek Flood Control Project;
Al Accurso, Real Property Agent, Public Works Department,
described the project and the need for the real property proposed for
condemnation action.
The Chair declared the hearing open and the following
persons appeared:
Robert Jacobson, 750 Citrus Avenue, Concord, protested the
compensation that was offered him for his property, and the possible
devaluation of his property because of the flood control project.
He objected to a fence that had been erected at the rear of his
property and the fact that he had not received any compensation for
the fence having been there two years.
Janice Selby, 758 Citrus Avenue, Concord, reviewed the
history of her dealings with the Flood Control Division with respect
to the project and the need for a portion of her property, and. the
communications related thereto. She objected to the fence erected in
the area of her back yard property line and questioned the legality
and need for the fence. She commented that she felt the dollar amount
offered per square foot to be inadequate and unrealistic.
There being no one else who desired to speak, the Chair
declared the hearing closed.
Chairman Torlakson advised that the dollar amount is not a
part of the condemnation process before the Board of Supervisors, but
that he would like the matter of the Urban Creeks Policy reviewed.
Supervisor McPeak discussed with staff the issue of the
fence and the chronology of communications with the property owners
along the flood control channel.
Mr. Accurso advised that the chain link fence was erected to
secure the channel area from trespassing and subsequent liability in
accordance with the Corps of Engineers requirements.
As recommended by Supervisor McPeak IT IS BY THE BOARD
ORDERED that the issue of the appropriateness of the erection of the
fence and the timeliness of communications with the property owners is
REFERRED to the Public Works Department, Flood Control Division, for
report back to the Board.
IT IS FURTHER ORDERED THAT Resolution 89/695 approving the
subject condemnation is hereby ADOPTED.
i hereby certify that this is a true and Correct copy of
cc: Public Works an action taken and entered on the minutes of the
County Counsel Board of Su n date shown.
County Administrator ATTESTED: . /z /g 9
PHIL BATCHELOR,Clerkof the Board
of Supervisors and County Administrator
By ,Deputy