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SSSUE_BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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4 Condemnation of Property ) RESOLUTION OF NECESSITY
FOR Flood Control Purposes ) NO. 86/383
5 Project #7520-6B8636 )
Walnut Creek Area ) (C.C.P. Sec. 1245. 230)
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7 The Board of Supervisors of Contra Costa County, California,
8 as ex-officio governing body of the Contra Costa County Flood
9 Control and Water Conservation District by vote of two-thirds or
10 more of its members , RESOLVES that :
11 Pursuant to West ' s Water Code , Appendix $63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656 , S5 , Contra Costa County `
13 Flood Control and Water Conservation District intends to construct
14 the San Ramon Creek Bypass Channel , a public improvement , for
15 flood control purposes , and , in connection therewith , acquire
16 interests in certain real property.
17 The property to be acquired consists of twenty-four (24) par-
18 cels and is generally located in the Walnut Creek area . The said
19 property is more particularly described in Appendix "A" , attached
20 hereto and incorporated herein by this reference . Some of the
21 property sought to be acquired is property appropriated to a
22 public use; the proposed use is a more necessary public use than
23 the use to which the property is now appropriated (C.C.P.
24 51240. 610) , or a compatible public use (C.C.P. 51240„510) .
25 On June 17, 1986 , this Board passed a resolution of intention
26 to adopt a resolution of necessity for the acquisition by eminent
27 domain of the property described in Appendix "A" (Resolution No.
28 86/348) and fixing 10:30 a .m. , July 8, 1986, in its Chambers in
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RESOLUTION NO . 86/383
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1 the Administration Building, 651 Pine Street , Martinez,
2 California , as the time and place for the hearing thereon.
3 The hearing was held at that time and place , and all
4 interested parties were given an opportunity to be heard and based
5 upon the evidence presented to it , this Board finds , determines
6 and hereby declares the following:
7 1 . The public interest and necessity require the proposed
8 project ; and
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; and
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 was made to the owner or owners of record.
16 The County Counsel of this County is hereby AUTHORIZED AND
17 EMPOWERED:
18 To acquire in the District ' s name, by condemnation, the
19 titles , easements and rights of way as set forth in Appendix A. in
20 and to said real property or interests therein, in accordance with
21 the provisions for eminent domain in the Code of Civil Procedure
22 and the Constitution of California;
23 To prepare and prosecute in the District ' s name such pro-
24 ceedings in the proper court as are necessary for such
25 acquisition;
26 To deposit the probable amount of compensation, based on an
27 appraisal , and to apply to said court for an order permitting the
28 District to take immediate possession and use said real property
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I for said public uses and purposes .
2 PASSED and ADOPTED on July 8, 1986 , by the following vote:
3 AYES : Supervisors Fanden, Schroder, Torlakson and Powers
4 NOES : None
5 ABSENT: Supervisor McPeak
6 I HEREBY CERTIFY that the foregoing resolution was duly and
7 regularly introduced, passed and adopted by the vote of two-thirds
8 or more of the Board of Supervisors of Contra. Costa County,
9 California , at a meeting of said Board on the date indicated. !
10 Dated:JUL 8 1986
11
Phil Batchelor , Clerk of the
12 Board of Supervisors and County
Administrator
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14 BY:��1
15 Deputy
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cc: Public Works Department ,
17 Real Property Division
Auditor-Controller
18 County Counsel (Certified copy)
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