HomeMy WebLinkAboutMINUTES - 12021986 - 1.26 CONTRA CTA COUNTY
FLOOD CONTROL AND 'TATER CONSERVATION DISTRICT
BOARD OF SUPERVISORS
TO: Board of Supervisors
FROM: J. Michael Walfon3
DATE: November 18, 1986
SUB3ECT: Acquisition of Easement and Settlement of Court Action - Flood Control Zone
3B, San Ramon Creek Bypass Project 7520-6B8636, Walnut Creek on the Former
Southern Pacific Right of Way, Project No. 4425-4127
SPECIFIC RBQ=(S) OR R MATIONS) & BACKGFUM AND JUSTIFICATION
1. Reocmmended Action: County Counsel and the Chief Engineer recommend that the
Board of Supervisors as the governing body of the Contra Costa County Flood
Control and Water Conservation District take the following actions:
A. RESCIND Board Order and Resolution No. 86/342 dated June 17, 1986.
B. APPROVE, and ATTTHORTZE Board Chair to execute on behalf of the District, the
Stipulation for Judgment in Condemnation, which provides for acquisition by
the Flood Control District of a perpetual easement in the former Southern
Pacific Railroad right-of-way and provides for payment by the Flood Control
District to the County of $692,280.00.
C. APPROVE, and AUIIORIZE Board Chair to execute on behalf of the District, the
Stipulation Allowing Final Order of Condemnation.
D. AUMORIM payment from the Flood Control District to the County the sum of
$692,280.00 as compensation for the easement and DIRECT Public Works
Director to transfer payment through appropriate journal entries.
E. AUIMRIZE County Counsel to file the stipulations with the Superior Court,
to cause the Final Order of Condemnation to be recorded and to take all
other steps necessary to cavy out the agreed settlement of "Contra Costa
County Flood Control and Water Conservation District, etc. v. Southern
Pacific Transportation Co. , et al. ; Case No. 262946."
2. Financial The $692,280.00 cost has been advanced by the State of
California Department of Water Resources.
Continued on Attachment: X yes Signature;/ c
Recommendation of County Administrator Recommendation of Board Committee
Approve Other
Signature(s)
Action of Board on DEC z 19BB Approved as recommended Other
Vote of Supervisors
l/ Unanimous (Absent ) I HEREBY CERTIFY THAT THI IS A TRUE
Ayes: Noes: AND CORRECT COPY OF AN ACTION TAKE
Absent: _ Abstain: AND ENTERED ON THE bMgUTFS OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED D E C 2 1986
PHIL BATCHE1LOR, Clerk of the Board
ofnSuperviso sand County Administrator
BY 7�,7c1/�Y2 /t/�1 i , DEPUTY
3. Reasons for Remdations: Settlement of pending lawsuit and completion of
acquisition of right of way needed for flood control channel construction.
4. Background: On August 23, 1984, the Contra Costa County Flood Control and Water
Conservation District filed an action in eminent domain against Southern Pacific
Transportation Company for the acquisition of property rights needed for
construction and operation of the San Ramon Creek bypass channel in Walnut Creek.
On December 9, 1985 the County purchased fee title to the subject property
(former Southern Pacific Railroad right-of-way) from Southern Pacific
Transportation Company. Representatives of the District and County have been
negotiating since the County's acquisition from Southern Pacific, and have
reached a settlement which provides for the District's acquisition of the
easement for $2,062,280. The District has already deposited $1,370,000 with the
Superior Court, which sum has been credited against the compensation payable by
the District, leaving a balance owing from the District to the County of
$692,280.
5. Consequences of Negative Action: The above described legal action would remain
pending and unresolved.
Orig. Div: Public Works (R,/P)
cc: County Administrator
Auditor-Controller
P. W. Accounting
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