HomeMy WebLinkAboutMINUTES - 11081988 - T.3 T. 3a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
ASI EX OFFICIO GOVERNING BODY OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on November 8 , 1988 by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: Non
SUBJECT: Con-emnation of real property for flood control purposes in
Drainage Area 29D, Line AA
This being the time fixed for hearing on the proposed
condemnation f real property needed for flood control purposes in
Drainage Area 29D, Line AA, and Ceceilia. Miguel-Rodrigues, Route 3 ,
Box 1, Oakley, appeared and commented on how the development around
her property has affected her and her use of her property.
At the request of Supervisor Torlakson, Karen McNamer, Real
Property Agent with the Public Works Department, reviewed the history
of Drainage Area 29D, as well as the Department' s efforts to negotiate
with Mrs. Rodrigues.
Mrs. Rodrigues stated she would like the Board to delay
action on the proposed condemnation and allow her some time to review
the project. She requested copies of documents and maps related to
the Drainage rea.
Suprvisor Torlakson explained the urgency of completing the
project befor the rainy season begins.
The Board thereupon adopted its. Resolution of Necessity,
No. 88/711 , authorizing County Counsel to acquire in the name of the
Contra Costa County Flood Control and Water Conservation District, by
condemnation, the titles, easements and rights of way needed for
the project.
As recommended by Supervisor Torlakson, IT IS BY THE BOARD
ORDERED thathe Public Works Department provide Mrs. Rodrigues with
the documentation she requested, and that a representative of the
Department meat with Mrs. Rodrigues to attempt to negotiate a
settlement for easement prior to proceeding with the condemnation as
approved this day.
I fiftby e6r(lfy that this Is m true and correct copy of
in 66110h t ftl and enbr,i or, the minutes of ttae
600d of t tarots y d cn ill;;d&fc:f-ov n.
C�tSi , 3Eki' i s J ,Kdi tE.s?'tJ 203rd
of Supervisors and 0 my Admirittrator
Ily a-__._, -— ,Deputy
cc: Public Works Director
County Counsel
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COFLOOD CONTROL AND WATER CONSERVATION DISTRICT }� r
3
4 Condemnatian of Property j
For' Flood Control Purposes )
5 Drainage A ea 29D, Line AA )
7556-6D856 ) RESOLUTION OF NECESSITY
6 Oakley Are ) N0. 88/ 711
(Code of Civ. Proc. S 1245.230)
7
8 he Board of Supervisors of Contra Costa County, .
9 California as ex-officio governing body of the Contra Costa
10 County Flo d Control and Water Conservation District by vote of
11 two-thirds or more of its members, RESOLVES that:
12 ursuant to West's Water Code, Appendix S 63-5 and
13 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
14 Costa County Flood Control and Water Conservation District
15 intends to construct a storm drain line, a public improvement for
16 flood cont of purposes, and in connection therewith, acquire
17 interests n certain real property.
16 he property to be acquired consists of two parcels
19 under one ownership and is generally located in the Oakley area.
20 The said property is more particularly described in Appendix "A" ,
21 attached hereto and incorporated herein by reference. The
22 property ought to be acquired is appropriate to a public use.
23 On October 18, 1988, this Board passed a resolution of
24 intention to adopt a resolution of necessity for the acquisition
25 by eminen domain of the property described in Appendix "A"
26 (Resoluti n No. 88/656) and fixing 10:30 a.m. , November 8, 1988,
27
28
RESOLUTION NO. 88/711
1 in its Chrs in the Administration Building, 651 Pine Street,
2 Martinez, California, as the time and place for the hearing
3 thereon.
4 he hearing was held at that time and place, unci all
5 interested parties were given an opportunity to be heard and
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following:
8
g The public interest and necessity require the
10 proposed p oject; and
11 The proposed project is planned and located in the
12 manner whi�h will be most compatible with the greatest public
13 good and t e least private injury; and
14 . The property described herein is necessary for the
15 proposed p oject; and
16 4 . The offer required by section 7267.2 of the
17 Government Code was made to the owner or owners of record.
18 ' he County Counsel of this County, or any Counsel
19 associated by him, is hereby AUTHORIZED and EMPOWERED:
20 lo acquire in the name of the Contra Costa County Flood
21 Control and Water Conservation District, by condemnation, the
22 titles, ea ements and rights of way as set forth in Appendix "A" ,
23 in and to aid real property or interests therein, in accordance
24 with the p ovisions of eminent domain in the Code of Civil
25 Procedure and the Constitution of California. Parcel 1521 is to
26 be acquire as a permanent easement, Parcel 1521T is to be
27 acquired as a temporary easement.
28
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LftV
1 To prepare and prosecute in the District's name such
,2 proceedi gs in the proper court as are necessary for such
3 acquisition.
4 To deposit the probable amount of compensation, based
5 on an ap raisal, and to .apply to said court for an order
6 permitting the District to take immediate possession and use said
7 real property for said public uses and purposes .
8 PASSED and ADOPTED on November 8, 1988, by the
9 followin vote:
10 AYES: Supervisors Fanden, McPeak, Torlakson and Schroder
11 NOES: None
12 ABSENT: Supervisor Powers
13 ABSTAIN: None
14
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 and regularly introduced, passed and adopted by the vote of two-
17 thirds o more of the Board of Supervisors of the Contra Costa
18 County, alifornia, at a meeting of said Board on the date
19 indicate .
20 Dated: ovember 8, 1988
21 Phil Batchelor, Clerk of the
Board of Supervisors and
22 County Administrator
23 p
24 By: � Lit
Deputy
25
cc: Public Works Department
26 Real Property Division
Auditor-Controller
27 County Counsel (certified copy)
County Administrator
28
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V. A. 29D
Line AA
F �
APPENDIX "A"
PARCEL =
A PCFMCK OF WE SC TIHEAST 2/4 OF SECTICN 26, =WNSW 2 ICM, RADE 2
FAST, mmu DIABL6 MERIDIAN, Cx7UtM OF CONTRA COM STATE OF
FLRIHER LESCRZRED AS FOLtoWS:
BEGaOMI; AT WE MOST SLY 03MM OF THE PARCEL OF LAND GIBED AS ---
PARCEL ONE BE= CCr1VEYED TO GLIA MIGUEL ImLR aw BY RHE OF
D ICK RECIM ED JULY 23, 1981 IN BOOK 10419 OF OFFICIAL AT
PAGE 281 FOCIMMS OF SAID =MY; THENCE LEAVING SAID POINT OF BEGINNING
ALONG THE WEST I* OF SAID PARCEL (10419 0. R. 281) SOUIH 00 52' 34" WEST
13.01 Mr; THENCE MVIrNG SAID WEST LINE AlONG A 13T1E 12.00
OF AND PAR fA 1�� WITH TTS LUZ OF SAID PALL (10419 0. R. 281)
SO= 660 21' 30" 74.44 FEET; THENCE NCF H O° 52' 34" FAST 13.01 FEET;
THENCE ALM RHE N=MASTERU = OF SAID PARCEL N0FTH 660 21' 30" WEST
74.44 FEET TO THEINT OF BEGINNING.
03RENINI NG AN AREA OF 893 SQ[A4RE FEET OF LAND MMM OR LESS.
PARCEL, 1521T
A 7EMPCRAXZ r ON EASEMENT RV BE U5ID TURING CCNS'IIiLALTICN OF STORK
MkW FACIZS = CSN THE ADJACENT LANDS EESalIBED IN PARCEL MW ABOVE.
SAID T DTCRARY EAOMW TO E03M UPCN CCMPI.ETIC K OF ODNSTI3JCTICN CR BY
JUNE 30, 1989, WHIOCCURS FIRST LAND IS DESCRIBED AS FOLZDWS:
C"ENCING AT THE M ST 1M LY aNUM OF SAID FODtIGM PAS, (10419 O.R.
281) ; THENCE LEAVING SAID POINT OF wraNCEMENTr ALONG THE WEST IXNE OF SAID
PARCEL SCVIH 0cl 5�1 34" WEST 13.01 FEET TO THE T1dJE POLNT OF BE7Gimmn Fm
THE HEFU N DESCRIBED PARCEL; THENCE LEAVING SAID POINT OF BWINNING CCl TT=-
ING ALM SAID LINE SOM 00 52' 34" 37.87 FEET: THENCE LEAVING SAID WEST
LENE ALONG A LINE 47.00 FEET OF AND PAR ILEL WITH ME NCM-
EASIERLY LINE OF SAID RoMIGUES PARCEL (10419 O.R. 281) SOCTIH 660 21' 30"
EAST 74.44 FEET; THE14CE NCM 00 52' 34" EAST 37.87 FEET; THENCE NORM 660
21' 30" WEST 74.44 FEET 70 THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2605 SQLWM FEET OF I= MOiE OR I�S.S.
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