HomeMy WebLinkAboutRESOLUTIONS - 09022004 - 70-834 ...........................
IN THF BOARD OF SUPFRVTSORS
OF
CONTRA COSTA COUNT', STATE OF CALIFORNIA
In the Matter of Condemnation
Proceedings to acquire drainage
right of way required for Marsh RESOLUTION NO. 70/834
Creek Mobile Home Park, Unit #3.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
By letter dated November 23, 1970, Mr. Ray S . Taylor re-
quested IV-lie Board of Supervisors to authorize proceedings to be
Initiated to condemn> property pursuant to Resolution No . 69/648
necessary for the installation of drainage facilities required
to drain Units #2 and 3 of his proposed Marsh Creek Mobile Home
Park development .
On December 8 , 1970, the Condemnation Subcommittee of the
Assessment District Screening Committee reported that in connec-
tion with the development of the second and third units of the
Marsh Creek Mobile Home Park located on Marsh Creek Road the
developer is required to discharge storm drainage water into Marsh
Creek adjacent to the proposed park, in accordance with the County
Drainage Ordinance. In order to comply with this requirement it
is necessary that the developer obtain two drainage easements for
storm drains through the creek bank Into the Marsh Creek channel .
The said Condemnation Subcommittee also reported that it is
satisfied that the developer has madeevery reasonable effort to
acquire the easements by negotiations and that these ner
,otiations
have been unsuccessful. The Subcommittee Indicated it is: satisfied
that the proposed acquisition is of substantial importance to the
County since it is required under the Drainage Ordinance.
On the recommendation of the said Condemnation Subcommittee ,,
this Board hereby authorizes the County Counsel to negotiate an
appropriate agreement with Mr. Taylor secured by adequate security
covering all costs of the proposed condemnation, including all costs
awarded by the Court, filing. fees, appraiser's fees , abandonment
and attorney 's fees, If incurred for the said action. Said agree-
ment is to provide that the County Counsel shall have supervision of
the condemnation action but Mr. Taylor's attorney shall make all
legal appearances required in connection therewith, including con-
ducting the trial of said matter and any post trial proceedings .
Further, this Board announces its intention to adopt a resolu-
tion of necessity to condemn the required drainage. easement and
authorize immediate possession thereof after the aforesaid agreement
has been entered between Mr. Taylor and the County .
PASSED AND ADOPTED by this Board on December 8, 1970.
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RESOLUTION NO. 70/834