HomeMy WebLinkAboutRESOLUTIONS - 09181984 - 84-554 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 , ) RESOLUTION OF NECESSITY
5 Drainage Area 44B, )
Pleasant Hill Area, ) NO. 84/554
6 Project No. 7520-6B8636 , )
Flood Control Zone 3b. )
7 )
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8
9 "
10 The Board of Supervisors as ex officio the Board of
11 Supervisors of the Contra Costa County Flood Control and Water
12 Conservation District , by vote of two-thirds or more of its mem-
13 bers , RESOLVES THAT:
14 Pursuant to West ' s Water Code-Appendix Sec. 63-5 and Deering' s
15 Water-Uncodified Acts , Act 1656, Sec. 5, the Contra Costa County
16 Flood Control and Water Conservation District intends to construct
17 a flood control channel , a public improvement , and, in connection
18 therewith , acquire an interest in certain real property.
19 The property to be acquired is generally located in the
20 Pleasant Hill area between Las Juntas Way and Jones Road and con-
21 sists of a strip of land, approximately 30 feet in width.
22 Said property is more particularly described in Appendix "A" ,
23 attached hereto and incorporated herein by this reference.
24 On August 21 , 1984 , this Board passed a resolution of inten-
25 tion to adopt a resolution of necessity for the acquisition by
26 eminent domain of the property described in Appendix "A" hereto and
27 set September 11 , 1984 , at 10 : 30 a.m, in its Chambers in the
28 Administration Building, 651 Pine Street , Martinez , California, as
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1 the time and place for the hearing thereon (Resolution No.
2 84/515 ) . The hearing was continued to September 18 , 1984 , at 2 : 30
3 p.m. , at which time and place the hearing was held, and upon the
4 evidence presented to it this Board finds , determines and hereby
5 declares the following:
6
7 1 . The public_ interest and necessity require the proposed
8 project ;
9 2 . The proposed project is planned and located in the manner
10 which will be most compatible with the greatest public good and
11 the least private injury ;
12 3 . The property described herein is necessary for the pro-
13 posed project ; and
14 4 . The offer required by Section 7267 . 2 of the Government
15 Code has been made to the owner or owners of record.
16
17 The County Counsel of this County is hereby AUTHORIZED AND
18 EMPOWERED:
19 To acquire in the District ' s name, by condemnation, the
20 titles , easements and rights of way hereinafter described, in and
21 to said real property or interests therein, in accordance with the
22 provisions of eminent domain in the Code of Civil Procedure
23 and the Constitution of the State of California: Parcels one and
24 three are to be acquired as permanent drainage easements , and
25 parcels two and four are to be acquired as temporary construction
26 easements which shall expire upon the completion of construction
27 of said project or De ember 31 , 1985 , whichever shall occur first .;
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002,93
I To prepare and prosecute in the District ' s name such pro-
2 ceedings in the proper court as are necessary for such acquisi -
3 tion; and
4 To deposit the probable amount of compensation, based on an
5 appraisal , and to apply to said court for an order permitting the
6 District to take immediate possession and use said real property
7 for said public uses and purposes .
8 PASSED and ADOPTED on September 18 , 1984, by the following
9 vote:
10 AYES : Tom Powers , Nancy Fanden, Sunne McPeak, Tom Torlakson
11 NOES : None
12 ABSENT: Robert Schroder
13 I HEREBY CERTIFY that the foregoing resolution was duly and
14 regularly introduced , passed and adopted by a vote of two-thirds
15 or more of. the Board of Supervisors of Contra Costa County,
16 California, as ex officio the Board of Supervisors of the Contra
17 Costa County Flood Control and Water Conservation District , at a
18 meeting of said Board on the date indicated.
19
Dated :---- —� y ---
20 — — 7-
21
Phil Batchelor , Clerk of the
22 Board of Supervisors and
23 County Administrator
24
25 Deputy
26
cc: Public Works Department
27 Real Property Division
28 Auditor-Controller
County Counsel (certified copy)
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00294