HomeMy WebLinkAboutRESOLUTIONS - 02131990 - 90/96T.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 RESOLUTION OF NECESSITY
4 For Flood Control Purposes NO. 90/ 96
Drainage Area 30, Basin #2 Code of Civ. Proc. §1245.230)
5 Oakley Area
6
7 The Board of Supervisors of Contra Costa County,
8 California as ex-officio governing body of the Contra Costa County
9 Flood Control and Water Conservation District by vote of two-
10 thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix S 63-5 and
12 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
13 Costa County Flood Control and Water Conservation District intends
14 to construct a flood control detention basin project a public
15 improvement for flood control purposes, and in connection
16 therewith, acquire interests in certain real property.
17 The property to be acquired consists of one (1) parcel
18 and 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 December 19, 1989, notice of the District's intention
22 to adopt a resolution of necessity for the acquisition by eminent
23 domain of the property described in Appendix "A" was sent to
24 persons whose names appear on the last equalized County Assessment
25 Roll as the owners of said property. The notice specified
26 Tuesday, January 16, 1990, at 11:00 a.m. , in the Board of
27 Supervisors Chambers in the Administration Building, 651 Pine
28
RESOLUTION NO. 90/96
1 Street, Martinez, California, as the time and place for the
2 hearing thereon. The hearing was thereafter continued by the
3 Board to February 13, 1990.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and based
6 upon the evidence presented to it, this Board finds, determines
7 and hereby declares the following:
8 1 . The public interest and necessity require the
9 proposed project; and
10 2 . The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public good
12 and the least private injury; and
13 3 . The property described herein is necessary for the
14 proposed project; and
15 4 . The offer required by section 7267 . 2 of the
16 Government Code was made to the owner or owners of record.
17 The District's counsel is hereby AUTHORIZED and
18 EMPOWERED:
19 To acquire in the name of the Contra Costa County Flood
20 Control and Water Conservation District, by condemnation, fee
21 title to the property described in Appendix "A" , in accordance
22 with the provisions of eminent domain in the Code of Civil
23 Procedure and the Constitution of California.
24 ' To prepare and prosecute in the District's name such
25 proceedings in the proper court as are necessary for such
26 acquisition.
27
28
2
I To deposit the probable amount of compensation, based on
2 an appraisal, and to apply to said court for an order permitting
3 the District to take possession and use said real property for
4 said public uses and purposes .
5 PASSED and ADOPTED on February 13, 1990, by the following
6 vote:
7 AYES: Supervisors Powers, McPeak, Torlakson and Fanden
8 NOES: None
9 ABSENT: Supervisor Schroder
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Board of Supervisors of the Contra Costa
15 County, California, at a meeting of said Board on the date
16 indicated.
17 Dated: February 13, 1990
Phil Batchelor, Clerk of the
18 Board of Supervisors and
County Administrator
19
20 BY:e the n /.,[.,r.
Deputy
21
22
23
cc: Public Works Department
24 Real Property Division
Auditor-Controller
25 County Counsel (certified copy)
County Administrator
26
27 df6:basin2.rn
28
3
DA 30A--WO#8554
DETENTION BASIN at
Laurel Avenue & Brown Road
Portion APN 034-010-009
EXHIBIT "A"
A portion of that 8 acre parcel of land granted to Camray Development and Construction
Company, Incorporated recorded October 23, 1986 in Volume 13209 at page 50, Oficial
Records of Contra Costa County, California.
Commencing at the north quarter corner of Section 35, Township 2 North, Range 2 East,
Mount Diablo Meridian; thence along the north line of Section 35, west 242.83 feet, to the
northerly prolongation of the east line of Contra Costa County Flood Control and Water
Conservation District parcel recorded June 22, 1989 in Volume 15148 at page 214, Official
Records of said County; thence along said prolongation and east line (15148 OR 214),
south 00°02'00" east 78.71 feet to the Point of Beginning of this description; thence from
the Point of Beginning, east 190.00 feet, along a line parallel with the north line of said
Section 35; thence along the arc of a curve concave to the southwest having a radius of
20.00 feet, southeasterly and southerly 31.42 feet, through a central angle of 90000'00", to
a line parallel with the east line of the northwest quarter of said Section 35; thence along
said parallel line, south 399.00 feet, to the arc of a curve concave to the northwest having
a radius of 20.00 feet; thence along said arc, southwesterly and westerly 31.42 feet, through
a central angle of 90°00'00'; thence west 504.92 feet; thence north 309.00 feet to a point
on the south line of said Contra Costa County Flood Control and Water Conservation
District parcel (15148 OR 214) that bears west 315.00 feet from the southeast corner
15148 OR 214); thence along the boundary of said parcel (15148 OR 214), east 315.00
feet and north 00°02'00" west 130.00 feet, to the Point of Beginning.
Containing an area of 4.35 acres of land, more or less.
d:ex\8554.deb
Arg
January 11, 1990
APPENDIX "A"