HomeMy WebLinkAboutMINUTES - 12011987 - 1.4 (2) v' J
THE BOAR® OF SUPERVISORS OF CONTRA COSTA COUKffq CALIFORNIA
EX OFFICIO, BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order On December 1 , 1987 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, Torlakson, McPeak'
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Approve condemnation action )
settlements with Joseph B. )
and Yvonne R. Giannini )
)
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The matter having been recommended by the Public Works
Director and the County Counsel, this Board hereby APPROVES the
following settlement with Joseph B. Giannini and Yvonne R.
Giannini in the following condemnation action, for the parcels and
in the amount indicated.
CASE PARCELS COMPENSATION
Contra Costa County Flood 1151, 1151T, $4 , 000 . 00
Control and Water Conser- 1151-U
vation District v. Aswath
Mad dagiri, et al. ;
No . 244265
The chairwoman is AUTHORIZED to -sign the Stipulation For
Entry of Judgment in the subject case. Further, this Board
DIRECTS the Auditor-Controller to issue a check to Joseph B.
Giannini and Yvonne R. Giannini in the above . amount for delivery
in care of the County Counsel.
This settlement has been approved by the (State) Water-
Resources Board, which will reimburse the District for 75% of the
settlement costs.
I hereby certify that this is a true and aorecat 000y of
an action taken and etarcd on the minuteo of rho
Board of Supervisors en the date shown.
ATTESTED: _ December L,_1937 -
PHIL DATCML-LCR,Clerk of the Btltsro
of4upervisors and County Administrator
By
Orig, Dept.:
CC: Public Works
County Counsel
Auditor
Risk Management
County Administrator
1 Victor J. Westman
County Counsel
2 By: Lillian T. Fujii
Deputy County Counsel
3 P.O. Box 69 , Co.Admin .Bldg.
651 Pine Street
4 Martinez CA 94553
Phone: ( 415 ) . 646-2056
5
Attorney for Plaintiff
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9 CONTRA COSTA COUNTY FLOOD CONTROL )
AND WATER CONSERVATION DISTRICT, )
10 ) No. 244265
Plaintiff, )
11 ) STIPULATION FOR ENTRY
V. ) OF JUDGMENT
12 ) (Parcels 1151, 1151T,
ASWATH MADDAGIRI, JOSEPH B. ) 1151-U; Joseph B.
13 GIANNINI , YVONNE R. GIANNINI, ) Giannini, Yvonne R.
et al . , ) Giannini )
14 )
Defendants . )
15 )
16 This cause came for Bench Bar Settlement Conference on
17 October 19 , 1986, before Panel H of the above-entitled Court, the
18 Honorable Coleman F. Fannin, Judge, presiding. Plaintiff appeared
19 by its attorney, Deputy County Counsel Lillian T. Fujii, and Donna
20 Dawkins of the Contra Costa County Public Works Department.
21 Defendants Joseph B. Giannini and Yvonne R. Giannini were present
22 and represented by their attorney, A.F. Bray, Jr . , of Bray, Egan,
23 Breitwieser & Costanza.
24 Pursuant to Code of Civil Procedure § 664 .6 , the parties
25 stipulated orally before the court for settlement of this case,
26 which stipulation is herein set forth in detail.
27 IT IS STIPULATED by and between plaintiff CONTRA COSTA
28 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and
1 defendants JOSEPH B. GIANNINI and YVONNE R. GIANNINI, and their
2 respective counsel, that:
3 1. Judgment in condemnation as to the real property
4 ' designated as Parcels 1151, 1151T and 1151-U in plaintiff ' s
5 complaint on file herein, may be entered containing the terms and
6 conditions of the attached proposed judgment, marked Exhibit A.
7 and by this reference made a part of this Stipulation.
8 2 . Plaintiff shall pay to said defendants the total sum
9 of $4 ,000. 00, as and for defendants ' interest in the property
10 sought to be condemned, including any and all improvements
11 (including structures and landscaping) on said property. Said sum
12 of $4 , 000. 00 is due and payable within 30 days of judgment, as set
13 forth in the attached. This stipulation shall be presented to the
14 plaintiff ' s Board of Superviors for approval as soon as practical
15 after due execution by defendants .
16 3. The use for which the subject property is sought is
17 authorized by law and is a public use, the taking in condemnation
18 by plaintiff is necessary for that public use, and the public
19 improvement is the construction of a flood control channel.
20 4 . The parties have herein set forth the whole of their
21 agreement. The performance of this agreement constitutes the
22 entire consideration for said document, and shall relieve
23 plaintiff of all further eminent domain or inverse condemnation
24 obligation or claim, including interest, cost and litigation
25 expenses .
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1 Notice of entry of judgment is waived.
DEC 1 1987
2 Dated: Dated: lbsAz
3 CONTRA COSTA COUNTY FLOOD
CONTROL & WATER CONSERVATION
4 DISTRICTy� ose B. Giannini
5 II
6 R By
Y nne R. Gianni i
7
VICTOR J. WESTMAN
8 COUNTY COUNSEL
U
n
9 ! -
I By
10 I Lillian T. Fujii A. F. Bray, Jr .
Deputy County Co el Attorney for defed is
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1 Victor J. Westman
County Counsel
2 By: Lillian T. Fujii
Deputy County Counsel
3 P.O. Box 69 , Co.Admin.Bldg.
651 Pine Street
4 Martinez CA 94553
Phone: ( 415 ) 646-2056
5
Attorney for Plaintiff
6
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
.9 CONTRA COSTA COUNTY FLOOD CONTROL )
AND WATER CONSERVATION DISTRICT, )
10 ) No. 244265
Plaintiff, )
11 ) JUDGMENT IN CONDEMNATION
V. ) (Parcels 1151, 1151T,
12 ) 1151-U; Joseph B.
ASWATH MADDAGIRI, JOSEPH B. ) Giannini , Yvonne R.
13 GIANNINI, YVONNE R. GIANNINI, ) Giannini)
et al. , )
14 )
Defendants . )
15 )
16 On the Stipulation of plaintiff, Contra Costa County
17 Flood Control and Water Conservation District, and defendants
18 Joseph B. Giannini and Yvonne R. Giannini, and their respective
19 counsel, and good cause appearing therefor:
20 IT IS HEREBY ORDERED and ADJUDGED that on payment by
21 plaintiff to defendants, within 30 days of entry of final
22 judgment, the sum of $4 ,000. 00 (four thousand dollars ) , the
23 following parcels shall be condemned to plaintiff and against
24 defencdents, in the following titles and interests:
25 PARCEL INTEREST
26 1151 . . . . . . . . . . . . Fee Title
1151T . . . . . . . . . . . . Temporary Construction Easement
27 (Effective April 1, 1983 through
December 31, 1983, inclusive. )
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1 PARCEL INTEREST
2 1151-U . . . . . . . . . . . . Temporary Construction Easement
(Effective April 1, 1983 through
3 December 31, 1983, inclusive. )
4 IT IS FURTHER ORDERED and ADJUDGED that upon payment of
5 'the sum of $4 ,000.00, the plaintiff shall be entitled to, and the
6 Court shall make, a final order of condemnation in the manner
7 provided by law, which final order of condemnation shall describe
8 the property condemned and the purposes for said condemnation, as
9 set forth in the complaint on file herein.
10 IT IS FURTHER ORDERED, ADJUDGED and DECREED that payment
11 of the sum of $4,000.00 shall be in full payment for the
12 acquisition by condemnation of said parcels, including interest,
13 costs, and litigation expenses incurred herein, and is full
14 payment for all damages suffered by said defendants Joseph B.
15 Giannini and Yvonne R. Giannini, caused by said condemnation.
16 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the
17 purposes for which said property is sought to be condemned are
18 authorized by law and are and were a public use and that the
19 taking of said property in condemnation by plaintiff is and was
20 necessary for said public use.
21 Dated:
22
Judge of the Superior Court
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