HomeMy WebLinkAboutMINUTES - 12011987 - T.6 7. b
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 For Flood Control Purposes , )
Drainage Area 29D, Line AA )
5 7556-6D8564 ) RESOLUTION OF NECESSITY
Oakley Area ) NO. 87/713
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 5 63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656 , S 5 , Contra Costa County
13 Flood Control and Water Conservation District intends to construct
14 a storm drain project , a public improvement 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 ten ( 10) parcels and
18 is generally located in the Oakley area. The said property is
19 more particularly described in Appendix "A" , attached hereto and
20 incorporated herein by reference.
21 On November 10, 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. 87/673) and fixing 10 : 30 a.m. , December 1 , 1987 ,
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 . 87/713
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, or any Counsel associated
15 by him, is hereby AUTHORIZED and EMPOWERED:
16 To acquire in the County' s name, by condemnation , the titles ,
17 easements and rights of way as set forth in Appendix A, in and to
18 said real property or interests therein , in accordance with the
19 provisions for eminent domain in the Code of Civil Procedure and
20 the 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 District 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 , Schroder, Torlakson $ McPeak
3 NOES : None
4 ABSENT: Supervisor Fanden
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 , at a meeting of said Board on the date indicated.
10 Dated: December 1 , 1987
Phil Batchelor , Clerk of the
11 Board of Supervisors and County
Administrator
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13 By: -- � _ ----------
Deputy
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cc:! Public Works Department ,
15 Real Property Division
Auditor-Controller
16 County Counsel (Certified Copy)
County Administrator
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Drainage Area 29D
Dine AA
APPENDIX "A^
PARCEL, 1522
A portion of the southeast 1/4 of Section 23, Township 2 North, Range 2
East, Mount Diablo Meridian, County of Contra Costa, State of California,
more particularly a portion of that parcel of land described in the
instrument recorded October 4, 1971 in Book 6491 at page 22 of Official
Records being the northeasterly 12.00 feet of said parcel (6491 OR 22) .
P1Ar4M 1522T
TEMPORARY CONSTRUCTION EASEMENT
(TO EXPIRE DECEMBER 31, 1988)
The southwesterly 35.00 feet of the northeasterly 47.00 feet of the above
described parcel (6491 OR 22) .
PARCELS 1523 THROL C3i 1525
A portion of those parcels of land lying within the southeast 1/4 of Section
23 as described as Parcel one, Parcel Two, Assessment # 037-150-009-1 and
Assessment # 037-150-008-3 in the instrcment to Norman T. Miguel and Anthony
T. Miguel, recorded February 8, 1985 in Book 12179 of Official Records at
page 195, records of Contra Costa County, State of California, being the
northeasterly 12.00 feet of said parcels.
PA� 1523T THROUGH 1525T
TEMPORARY CONSTRUCTION EASEMENT
(TO EXPIRE DECEMBER 31, 1988)
The southwesterly 35.00 feet of the northeasterly 47.00 feet of the above
described parcels (12179 OR 195) .
PARCEL, 1529
A portion of that parcel of land described as parcel three in the deed to
William Condon, et ux, recorded August 20, 1964 in Book 4686 of Official
Records at Page 396 records of Contra Costa County, State of California,
being a strip of land 12.00 feet in width the centerline of which is
described as follows:
Commencing at the most northeasterly corner of said Condon parcel; thence
along the east line of said parcel south 00 07' 46" west 6.54 feet to a
point on line 6.00 feet southwesterly of and parallel with the northeasterly
line of said Condon parcel property line, said point also being the point of
beginning for the herein describes strip of land; thence leaving said point
of beginning along said parallel line north 660 21' 06" west 22.67 feet to
the northwesterly terminus of the herein described strip of land bounded on
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the northwest by a line bearing south 230 38' 54" west and on the east by
the east line of said Cbnddon parcel.
PARCEL 1529T
TEKPORARY OONSTRUCITON EASEMERr
(TO EXPIM DEC.QMEER 31, 1988)
A strip of land 35.00 feet in width measured at right angles lying
southwesterly of and i rmej i ately adjacent to surly line of the above
described parcel 1529 -being bounded by the east line of said Condon parcel
(4686 O.R. 396) and bounded on the northwest by a line bearing south 230 38'
54" west from the northwesterly terminus of the above described parcel 1529.
Excepting therefrom; all of parcel 1529T lying outside of said Condon
parcel. (4686 O.R. 396) .
KAM:rs
ex:DA29D.b
(12-7-87)
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