HomeMy WebLinkAboutRESOLUTIONS - 11051991 - 91-733 HA
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3 Condemnation of Property ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) No. 91/733
4 DA 29H - Outfall ) (Code of Civ. Proc. §1245 . 230)
Oakley Area )
5 )
6 The Board of Supervisors of Contra Costa County,
7 California as ex-officio governing body of the Contra Costa
8 County Flood Control and Water Conservation District by vote of
9 two-thirds or more of its members, RESOLVES that: j
10 Pursuant to West' s Water Code, Appendix § 63-5 and
11 Deering's Water Code, Uncodified Acts, Acts 1656 , § 5, lContra
12 Costa County Flood Control and Water Conservation District
13 intends to construct a storm drainage system project, a public
14 improvement for flood control purposes, an din connection
15 therewith, acquire interests in certain real property.
16 The property to be acquired consists of one parcel and
17 is generally located in the Oakley area . The said property is
18 more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by reference.
20 On October 7, 1991, notice of the District's intention
21 to adopt a resolution of necessity for the acquisition by eminent
22 domain of the property described in Appendix "A" was sent to
23 persons whose names appear on the last equalized County
24 Assessment Roll as the owners of said property. The notice
25 specified Tuesday, November 5, 1991, at 9 :00 a.m. , in the Board
26 of Supervisors Chambers in the Administration Building,1651 Pine
27 Street, Martinez, California, as the time and place for the
28 hearing thereon.
1
RESOLUTION NO. 91/733
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project; and
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public
9 good and the least private injury; and
10 3 . The property described herein is necessary for the
11 proposed project; and
12 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The District's counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of the Contra Costa County Flood
17 Control and Water Conservation District, by condemnation, the
18 titles , easements and rights of way as set forth in Appendix "A" ,
19 in and to said , real property or interests therein, in accordance
20 with the provisions of eminent domain in the Code of Civil
21 Procedure and the Constitution of California: Said parcel is to
22 be acquired as , a permanent easement.
23 To prepare and prosecute in the District's name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26 To deposit the probable amount of compensation, based
27 on an appraisal, and to apply to said court for an order
28
2
1 permitting th'e District to take possession and use said real
2 property forsaid public uses and purposes .
3 PASSED and ADOPTED on November 5, 1991, by the
4 following vote:
5 AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
6 NOES: None
7 ABSENT: None
8 ABSTAIN: None
I
9 I HEREBY CERTIFY that the foregoing resolution was duly
10 and regularly introduced, passed and adopted by the vote of two-
11 thirds or more of the Board of Supervisors of the Contra Costa
12 County, California, at a meeting of said Board on the date
13 indicated.
14 Dated: Phil Batchelor, Clerk of the Board
of Supervisors and County
15 Administrator
16
17
By: Jj";
Deputy
G
18
cc:. Public Works Department
19 Real Property Division
Auditor-Controller
20 County Counsel (certified copy)
County Administrator
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