HomeMy WebLinkAboutRESOLUTIONS - 01241995 - 95-44 H.1
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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 ) No.
4 Purposes Wild Cat ) (Code of Civ. Prnr— & 1245.230)
Creek Contract 3 ) RESOLUTION NO: 95/44
5 North Richmond Area '{
6
7 The Board of Supervisors of Contra Costa County, California as ex-officio
8 governing body of the Contra Costa County Flood Control and Water Conservation
9 District by vote of two-thirds or more of its members, RESOLVES that:
10 Pursuant to West's Water Code, Appendix § 63-5 and Deering's Water
11 Code, Uncodified Acts, Acts 1656, § 5, the Contra Costa County Flood Control and
12 Water Conservation District intends to construct a flood control channel project, a public
13 improvement for flood control purposes, and in connection therewith, acquire interests in
14 certain real property.
15 The property to be acquired consists of ten parcels and is generally
16 located in the North Richmond area. The said property is more particularly described in
17 Appendix "A", attached hereto and incorporated herein by reference. Some of the
18 property sought to be acquired is property appropriated to a public use. The proposed
19 use is a more necessary public use then the use to which the property is now
20 appropriated, or a compatible public use (C.C.P. § § 1240.610, 1240.510).
21 On January 5, 1995, notice of the District's intention to adopt a resolution
22 of necessity for the acquisition by eminent domain of the property described in Appendix
23 "A" was sent to persons whose names appear on the last equalized County Assessment
24 Roll as the owners of said property. The notice specified Tuesday, January 24, 1995, at
25 11:00 a.m., in the Board of Supervisors Chambers in the Administration Building, 651
26 Pine Street, Martinez, California, as the time and place for the hearing thereon.
27 The hearing was held at that time and place, and all interested parties
28 were given an opportunity to be heard and based upon the evidence presented to it.
RESOLUTION NO. ,9;5A-0"
1 This Board finds, determines and hereby declares the following:
2 1. The public interest and necessity require the proposed project; and
3 2. The proposed project is planned and located in the manner which will
4 be most compatible with the greatest public good and the least private injury; and
5 3. The property described herein is necessary for the proposed project;
6 and
7 4. The offer required by section 7267.2 of the Government Code was
8 made to the owner or owners of record.
9 The District's counsel is hereby AUTHORIZED and EMPOWERED:
to To acquire in the name of the Contra Costa County Flood Control and
11 Water Conservation District, by condemnation, the titles, easements and rights of way as
12 set forth in Appendix "A", in and to said real property or interests therein, in accordance
13 with the provisions of eminent domain in the Code of Civil Procedure and the Constitution
14 of California: Parcels 1534, 1535, 1536 and 1537 are to be acquired in fee title;
15 Parcels 1534A, 1534B, 1535A, 1536A and 1615 are to be acquired as permanent
16 easements; Parcel 1535T is to be acquired as a temporary construction easement.
17 To prepare and prosecute in the District's name such proceedings in the
18 proper court as are necessary for such acquisition.
19 To deposit the probable amount of compensation, based on an appraisal,
20 and to apply to said court for an order permitting the District to take possession and use
21 said real property for said public uses and purposes.
22 PASSED and ADOPTED on January 24, 1995, by the following vote:
23 AYES: Supervisors Rogers, Smith, DeSaulnier and Bishop
24 NOES: None
25 ABSENT: Supervisor Torlakson
26 ABSTAIN: None
27
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1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board on the
4 date indicated.
5 Dated: January 24, 1995 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
6
7 By: AyLmt4 .,Qi
8 Deputy
9
cc: Public Works Department
10 Real Property Division
Auditor-Controller
11 County Counsel (certified copy)
County Administrator
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13 df: docs\wildcat.ron
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