HomeMy WebLinkAboutMINUTES - 12011987 - T.1 1 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
Condemnation of Property )
4 Flood Control Purposes , )
Project No. 7520-6138539 )
5 Sycamore Creek, Danville Area ) RESOLUTION OF NECESSITY
NO. 87/714
6 ---------------------------------) (C.C.P. Sec. 1245 . 230)
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 S 63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656 , S 5 , Contra Costa County
13 Flood Control and Water Conservation District desires to preserve
14 the natural creek environment of Sycamore Creek, for flood control
15 purposes , and , in connection therewith , acquire interests in cer-
16 tain real property .
17 The property to be acquired consists of one ( 1) parcel and is
18 generally located in the Danville area. The said property is more
19 particularly described in Appendix "A" , attached hereto and incor-
20 porated herein by reference .
21 On November 3, 1987 , this Board passed a resolution of inten- .
22 tion to adopt a resolution of necessity for the acquisition by
23 eminent domain of the property described in Appendix "A"
24 (Resolution No. 87/661 ) and fixing 10 :30 a.m. , December 1 , 19879
25 in its Chambers in the Administration Building , 651 Pine Street ,
26 Martinez , California, as the time and place for the hearing
27 thereon .
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RESOLUTION NO. 87/714
1 The hearing was held at that time and place , and all
2 interested parties were given an opportunity to be heard and based
3 upon the evidence presented to it , this Board finds , determines
4 and hereby declares the following:
5 1 . The public interest and necessity require the proposed
6 project ; and
7 2 . The proposed project is planned and located in the manner
8 which will be most compatible with the greatest public good and
9 the least private injury; and
10 3 . The property described herein is necessary for the .pro-
11 posed project ; and
12 4 . The offer required by Section 7267 . 2 of the Government
13 Code was made to the owner or owners of record.
14 The County Counsel of this County , and any counsel associated
15 by him, is hereby AUTHORIZED and EMPOWERED:
16 To acquire in the District ' s name , by condemnation, the fee
17 title to the property described in Appendix A, in and to said
18 real property or interests therein, in accordance with the provi -
19 sions for eminent domain in the Code of Civil Procedure and the
20 Constitution of California;
21 To prepare and prosecute in the County' s name such proceedings
22 in the proper court as are necessary for such acquisition;
23 To deposit the probable amount of compensation, based on an
24 appraisal , and to apply to said court for an order permitting the
25 County to take immediate possession and use said real property
26 for said public uses and purposes .
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1 PASSED and ADOPTED on December 1 , 1987 , by the following vote:
2 AYES : Supervisors Powers , Fanden, Schroder, Torlakson Q iiicl'eak
3 NOES : None
4 ABSENT: None
5 ABSTAIN: None
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, as ex officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District at a meeting
11 of said Board on the date indicated .
12 Dated: December 1 , 1987
Phil Batchelor , Clerk of the
13 Board of Supervisors and County
Administrator
14
15 By: _
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Deputy
16
cc: Public Works Department ,
17 Real Property Division
Auditor-Controller
18 County Counsel (Certified Copy)
County Administrator
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APPENDIX "N'
PARME= PARCEL, FEE TITLE
The land referred to herein is situated in the State of California, County
of Contra Costa, city of unincorporated and is described as follows:
Portion of Section 28, Township 1 south, Range 1 west, Mount Diablo Base and
Meridian described as follows:
Beginning at a point on the west line of Section 27 in said Township and
Range above referred to, distant thereon north 0001103" west (the bearing of
north 0001103" west being taken for the purpose of this description) 1669.23
feet from the corner common to Sections 27, 28, 33 and 34 in said Township
and Range; thence from said point to beginning south 77031102" west, 121.27
feet; thence north 0035' west, 760 feet to the center line of a county road
known as Sycamore Valley Road, formerly Freitas Road; thence along the last
named line, north 55035' east, 152.60 feet to said western line of said
Section 27; thence along the last named line, south 0001103" east, 820 feet
to the point of beginning.
Excepting therefrom: That portion thereof lying northerly of the southern
line of the parcel of land described in the deed to Contra Costa County,
recorded February 18, 1963, Book 4305, Official Records, Page 355.
Further excepting therefrom: That portion of land described in the deed to
Contra Costa County recorded May 17, 1973, Book 6947, Official Records, Page
544, Series No. 73-47677.
Assessor's Parcel No. : 207-040-005
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ex:parmenter
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