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HomeMy WebLinkAboutMINUTES - 02241987 - T.3 T_3 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 4 Condemnation of Property ) RESOLUTION OF NECESSITY for Flood Control Purposes , ) NO. 87/83 5 Drainage Area 29J ) 7570-6D8361 ) (C.C.P. Sec . 1245. 230) Y' 6 Antioch Area ) ) 7 ----------------------- 8 The Board of Supervisors of Contra Costa County, California , 9 as ex-officio governing body of the Contra Costa County Flood 10 Control and Water Conservation District by vote of two-thirds or 11 more of its members , RESOLVES that : 12 Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s 13 Water Code , Uncodified Acts . Act 1656 , S 5 , Contra Costa County 14 Flood Control and Water Conservation District intends to construct 15 a flood control channel project , a public improvement , and, in 16 connection therewith , acquire interests in certain real property. 17 The property to be acquired consists of 1 parcel and is 18 generally located in the Antioch area . The said property is more 19 particularly described in Appendix "A" , attached hereto and incor- 20 porated herein by this reference . 21 On February 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. 87/135) and fixing 10 :30 a .m. , February 24, 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 . 28 The hearing was held at that time and place , and all I i i RESOLUTION N0. 87%83 1 interested parties were given an opportunity to be heard and based 2 upon the evidence presented to it , this Board finds , determines 3 and hereby declares the following: 4 1 . The public interest and necessity require the proposed 5 project : and I 6 2 . The proposed project is planned and located in the manner 7 which will be most compatible with the greatest public good and 8 the least private injury; and 9 3 . The property described herein is necessary for the pro- 10 posed project ; and 11 4. The offer required by Section 7267 . 2 of the Government 12 Code was made to the owner or owners of record. 13 The County Counsel of this District is hereby AUTHORIZED and 14 EMPOWERED: 15 To acquire in the District ' s name , by condemnation , the titles , 16 easements and rights of way described in and to said real property 17 or interests therein, in accordance with the provisions for emi- 18 nent domain in the Code of Civil Procedure and the Constitution of 19 California: 20 To prepare and prosecute in the County' s name such proceedings 21 in the proper court as are necessary for such acquisition; 22 To deposit the probable amount of compensation , based on an 23 appraisal , and to apply to said court for an order permitting the 24 County to take immediate possession and use said real property 25 for said public uses and purposes . 26 PASSED anld ADOPTED on February 24 , 1987 , by the following 27 vote: 28 AYES : Supervisors Powers , Fanden, Schroder, Torlakson McPeak j -2- I a 1 I 1 NOES : None 2 ABSENT: None 3 I HEREBY CERTIFY that the foregoing resolution was duly and 4 regularly introduced , passed and adopted by the vote of two-thirds 5 or more of the Board of Supervisors of Contra Costa County, i 6 California , at a meeting of said Board on the date indicated. 7 Dated: Februaryi24 , 1987 8 Phil Batchelor , Clerk of thea_!!_ 9 Board of Supervisors and County Administrator 10 11 B y' 12 Deputy 13 14 � I cc: Public Works Department 15 Real Property Division Auditor-Controller 16 County Counsel (Certified Copy) 17 SLA/ jh 18 19 20 21 22 23 24 25 26 27 28 I I I -3- I I I I I I I Drainage Area 29J - Line A Parcel 1444 - AT & SF APPENDIX "An A portion of the northwest quarter of the northwest quarter of Section 21, Township 2 North, Rangel 2 East, Mount Diablo Base and Meridian. Document references are to Official Records of Contra Costa County. Parcel 1444: Permanent Easement I A 10 feet wide strip of ,'land commencing on the north line of Atchison Topeka and Santa Fe Railroad right-of-gray at the southeast corner of Fibreboard Products, Inc. parcel recorded November 15, 1946 in Volume 955 at page 400. Thence along said north line, North 880 56' 55" West 38.00 feet, to the true point of beginning. Thence South 010 11' 53" West 100.00 feet to a point on the south line of said Railroad right-of-way (Said point bears along said south line, North 880 56' 55" West 69.82 feet, from the northeast corner of Manuel H. and Norma J. Gonsalves PARCEL ONE recorded May 20, 1977 in Volume 8340 at page 362) ; thence along said south line, North 880 56' 55" West 10.00 feet; thence North 010 11' 53" East 100.00 feet to the north line of said Railroad right-of-way; thence South 880 56' 55" East 10.00 feet to the point of beginning Containing 1,000 square feet, being 0.023 acres. IQM:cl ex:atsf i i I I I I