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TO: BOARD OF SUPERVISORS , ex officio governing body of the Contra Costa
County Flood Control and Water Conservaton District � _ _i
FROM: Victor J. Westman, County Counsel Cx)Mr
Costa
DATE: July 22, 1986 Co^
SUBJECT: San Ramon Creek Bypass Condemnation action; GCC Flood Control and Water
Conservation Dist. v. Southern Pacific, et al., No. 262946, Proj. No. 7520-6B8636
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKG.ROUND AND JUSTIFICATION
RECONVOIDATION: Approve settlement of the subject condemnation action, which
settlement calls for the payment of the following sums to the following
defendants, and authorize the District's legal representative to sign the
Stipulations for Judgment in CondenrIation.
Defendants Amounts
John S. and Lois H. Herrington $555,000.00
+ 144.00 in cost
+ 7,917.00 in interest
TOTAL $563,061.00
Ackerman Travel Inc., and $ 18,000.00
Stephen J. Reese + 272.50 in cost
TOTAL $ 18,272.50
Chin Y. King, Chi Y. King
T. K. Shen, and Ellen Shen, $ 14,000.00
dba Ellen's Jewelry + 340.50 in cost
TOTAL $ 14,340.50
A deposit in the amount of $460,000 was previously made with the Court, which
amount was withdrawn by the Herringtons. Therefore, the payment to the
Herringtons should be $103,061.00 ($563.061 - $460,000), which amount reflects
credit for said deposit.
BACKGROUND: The property is located in the Walnut Creek area, between Mt.
Diablo Blvd. and Newell Ave. The District's legal advisors and the Public
Works Department recommend approval of the settlement. Copies of the propose
Stipulations for Judgment in Condemnation are on file with the Clerk of the
Board of Supervisors.
CONTINUED ON ATTACHMENT: YES SIGNATURE: may; _ .•.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S i GNATURE(S 1:
ACTION OF BOARD ON Jul-y 720 19R6 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc* Public Works Dept. ATTESTED _ July 22, 1986
Auditor Controller PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
BY sa
M382/7-83 ,DEPUTY