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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 Purposes ) No. 92/556
4 West Antioch Creek ) (Code of Civ. Proc . §1245 . 230)
Antioch Area )
5 )
6 The Board of Supervisors of Contra Costa County,
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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:
10 Pursuant to West' s Water Code, Appendix § 63-5 and
11 Deering' s Water Code, Uncodified Acts, Acts 1656 , § 5, Contra
12 Costa County ,Flood Control and Water Conservation District
13 intends to construct a flood control channel improvement project,
14 a public improvement for flood control purposes, and in
15 connection therewith, acquire interests in certain real property.
16 The property to be acquired consists of one parcel and
17 is generally located in the Antioch area. The said property is
18 more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by reference.
20 On July 22, 1992, notice of the District' s intention to
21 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, August 11 , 1992, at 11 :00 a.m. , in the Board
26 of Supervisorii s Chambers in the Administration Building, 651 Pine
27 Street, Martinez, California, as the time and place for the
28 hearing thereon.
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RESOLUTION NO. 92/556
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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: The interest to be
22 acquired is a floating temporary construction easement to expire
23 12-31-93 .
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
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1 permitting the District to take possession and use said real
2 property for said public uses and purposes .
3 PASSED and ADOPTED on August 11, 1992, by the Following
4 vote:
5 AYES: Supervisors Powers, Schroder, Torlakson and McPeak
6 NOES : None
7 ABSENT: Supervisor Fanden
8 ABSTAIN: None
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
15 County Administrator
16 By: g" '
17 Deputy
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cc: Public Works Department
19 Real Property Division
Auditor-Controller
20 County Counsel (certified copy)
County Administrator
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PARCEL 1
GAYLORD CONTAINER CORP.
West Antioch Creek
APPENDIX "A"
Floating Temporary Construction Easement to Expire 12-31-93
A Floating Temporary Construction Easement 20 feet in width for the purpose of ingress
and egress of construction equipment, materials, and personnel from the easterly boarder
of the Gaylord Container Corporation property at 4th Street and Somersville Road,
Antioch, California; through the existing driveways and parking areas to the main gate at
the intersection of Somersville Road and 4th Street, Antioch, California.