HomeMy WebLinkAboutMINUTES - 01131987 - 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
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4 Condemnation of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes , ) NO. 87/19
5 No . 8423 ) (C.C.P. Sec . 1245. 230
Antioch Area (West Antioch )
6 Creek )
The Board of Supervisors of Contra Costa County, California ,
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9 as ex-officio governing body of the Contra Costa County Flood
Control and Water Conservation District by vote of two-thirds or
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more of its members , RESOLVES that :
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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
Flood Control and Water Conservation District intends to construct
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drainage improvements to the West Antioch creek, a public improve-
16 ment , for flood control purposes , and , in connection therewith ,
17 acquire interests in certain real property.
The property to - be acquired consists of one (1 ) parcel and is
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19 generally located in the Antioch area . The said property is more
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particularly described in Appendix "A" , attached hereto and incor-
21 porated herein by this reference .
22 On December 16 , 1986 , this Board passed a resolution of
23 intention to adopt a resolution of necessity for the acquisition
24 by eminent domain of the property described in Appendix "A"
25 (Resolution No . 86/742) and fixing 10 :30 a .m. , January 13 , 1987 ,
26 in its Chambers in the Administration Building, 651 Pine Street ,
27 Martinez, California, as the time and place for the hearing
28 thereon .
The hearing was held at that time and place , and all
RESOLUTION NO. 87/19
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
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 County is hereby AUTHORIZED and
14 EMPOWERED:
15 To acquire in the District ' s name , by condemnation , the titles
16 easements and rights of way as set forth in Appendix A, in and to
17 said real property or interests therein , in accordance with the
18 provisions for eminent domain in the Code of Civil Procedure and
19 the Constitution of 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 District to take immediate possession and use said real property
25 for said public uses and purposes .
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1 PASSED and ADOPTED on January 13 , 1987 , by the following
2 vote :
3 AYES : Supervisors Powers , Fanden, Schroder, Torlakson & McPeak
4 NOES : None
5 ABSENT: 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:
11 JAN 13 1987 _-----------
Ph11 Batchelor , Clerk of
12 Board of Supervisors and County
Administrator
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15 y'
Deputy
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cc: `Public Works Department
18 Real Property Division
Auditor-Controller
19 County Counsel (Certified Copy)
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West Antioch Creek Improvments
Parcel 1461 - Fee
APPENDIX "A"
A portion of the southeast quarter of Section 14, Township 2 North, Range 1
East, Mount Diablo Base and Meridian, City of Antioch, Contra Costa County,
California.
All of that parcel of land described in the deed to Fibreboard Products,
Incorporated, recorded June 20, 1955 in Volume 2557 at page 320, Official
Records of said County.
Excluding therefrom:
A 60 feet wide strip of land being the most westerly 60 feet of said
Fibreboard Products, Incorporated parcel (2557 O.R. 320) .
Containing 53,525 square feet, more or less, being 1.229 acres.