HomeMy WebLinkAboutRESOLUTIONS - 01221991 - 91-52 H.1
1 THE BOARD OF SUPERVISORS
2' CONTRA COSTA COUNTY, CALIFORNIA
AS E% OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
3 FLOOD CONTROL AND WATER CONSERVATION DISTRICT
4 Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes, ) No. 91/52
5 D.A. 48B - Hwy. 4 Det. ) (C.C.P. S 1245 . 230)
Basins Pittsburg Area )
6 )
7 The Board of Supervisors of Contra Costa County,
8 California as ex officio governing body of the Contra Costa
9 County Flood Control and Water Conservation District, by vote of
10 two-thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix Section 63-5
12 and Deering's Water Code, Uncodified Acts, Act 1656 , Section 5,
13 Contra Costa County Flood Control and Water Conservation
14 District intends to construct a flood control detention basin, a
15 public improvement, and, in connection therewith, acquire
16 interests in certain real property.
17 The property to be acquired consists of one parcel and
18 is generally located in the Pittsburg area. The said property
19 is more particularly described in Appendix "A" , attached hereto
20 and incorporated herein by this reference.
21 On November 20, 1990, notice of the County's intention
22 to adopt a resolution of necessity for acquisition by eminent
23 domain of the real property described in Appendix "A" was sent
24 to persons whose names appear on the last equalized County
25 Assessment Roll as owners of said property. The notice
26 specified December 11, 1990, at 11 a.m. in the Board of
27 Supervisors Chambers in the Administration Building, 651 Pine
28
RESOLUTION NO. 91/52
1 Street, Martinez, California, as the time and place for the
2 hearing thereon.
3 At that time and place the hearing was continued. A
4 hearing was held on January 22, 1991, and all interested parties
5 were given an opportunity to be heard and based upon the
6 evidence presented to it, this Board finds, determines and
7 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 lease 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 District's is hereby
18 AUTHORIZED and EMPOWERED:
19 To acquire in the District' s name, by condemnation, fee
20 title to the property hereinafter described in Appendix "A" in
21 and to said real property or interests therein, in accordance
22 with the provisions for eminent domain in the Code of Civil
23 Procedure and the Constitution of California:
24 To prepare and prosecute in the District's name such
25 proceedings in the proper court as are necessary for such
26 acquisition;
27 To deposit the probable amount of compensation, based
28 on an appraisal, and to apply to .said court for an order
2
1 permitting the County to take immediate possession and use said
2 real property for said public uses and purposes .
3 PASSED and ADOPTED on January 22, 1991, by the
4 following vote:
5 AYES: Supervisors Schroder, McPeak, Torlakson and Powers
6 NOES: None
7 ABSENT.- None
ABSTAIN: Supervisor Fanden
8 1 HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: January 22, 1991 Phil Batchelor, Clerk of the
14 Board of Supervisors and
County Administrator
15
J
16 By:
Deputy
17
18 SLA:df
dMpleading\no-state.nee
19 cc: Public Works Dept.
Real Property Div.
20 Auditor-Controller
21 County Counsel
22
23
24
25
26
27
28
3