HomeMy WebLinkAboutRESOLUTIONS - 08141984 - 84-484 1 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
4 Condemnation of Property for Flood )
Control Purposes, San Ramon Creek ) RESOLUTION OF NECESSITY
5 U. S . ?army Corps of Engineers )
Project, Walnut Creek Area, ) 84/484
6 Project No. 7520-688636 Flood )
Control Zone 3B )
7 )
8
9 The Board of Supervisors , as ex officio the Board of
10 Supervisors of the Contra Costa County Flood Control and Water
11 Conservation District, by vote of two-thirds or more of its
12 members , RESOLVES THAT:
13 Pursuant to West' s Water Code-Appendix Sec. 63-5 and
14 Deering ' s Water-Uncodified Acts, Act 1656 , Sec. 5, the Contra
15 Costa County Flood Control and Water Conservation District intends
16 to construct a flood control channel, a public improvement, and,
17 in connection therewith, acquire an interest in certain real
18 property.
19 The property to be acquired is generally located in the
20 Walnut Creek area between Arroyo Way and Muirwood School and
21 consists of a strip of land, approximately 100 feet in width.
22 Said property is more particularly described in Appendix
23 "A" , attached hereto and incorporated herein by this reference.
24 On July 24 , 1984 , this Board passed a resolution of
25 intention to adopt a resolution of necessity for the acquisition " '-
26 by eminent domain of the property described in Appendix "A"
27 hereto and set P.ugust 14 , 1984 , at 10 :30 a.m. , in its Chambers
28 in the Administration Building, 651 Pine Street, Martinez ,
00268
I California, as the time and place for the hearing thereon
2 (Resolution No. 84/434) .
3 The hearing was held at that time and place, and upon
4 the evidence presented to it this Board finds, determines and
5 hereby. declares the following :
6 1. The public interest and necessity require the
7 proposed project;
8 2 . The proposed project is planned and located in the
9 manner which will be most compatible with the greatest public
10 good and the least private injury; and
11 3 . The property described herein is necessary for the
12 proposed project.
13 4 . The offer required by Section 7267 . 2 of the Government
14 Code has been made to the owner of record.
15 The County Counsel of this County is hereby AUTHORIZED
16 AND EMPOWERED:
17 To acquire in the District' s name, by condemnation, fee
18 title in and to said real property in accordance with the
19 provisions of eminent domain in the Code of Civil Procedure and
20 the Constitution of California;
21 To prepare and prosecute in the District' s name such
22 proceedings in the proper court as are necessary for such
23 acquisition; and
24 To deposit the probable amount of compensation, based
25 on an appraisal, and to apply to said court for an order permitting
26 the District to take immediate possession and use said real
27 property for said public uses and purposes.
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-2-
00069
I PASSED and ADOPTED on August 14 , 1984 , by the following
2 vote:
3 AYES: Supervisors - Powers, Fanden, Schroder, McPeak,
Torlakson
4
NOES : Supervisors - None
5
6 ABSENT: Supervisors - None
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 and regularly introduced, passed and adopted by the vote of
9 two-thirds or more of the Board of Supervisors of Contra Costa
10 County, California, as ex offico the Board of Supervisors of the
11 Contra Costa County Flood Control and Water Conservation District,
12 at a meeting of said Board on the date indicated.
13 Dated: .c,L
14
J. R. OLSSON, County Clerk and
15 ex offico Clerk of the Board of
Supervisors of Contra Costa
16 County
17
18 Deputy
19 LTF:df
20 cc : Public Works Department
Real Property Division
21 Auditor-Controller
County Counsel (certified copy)
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