HomeMy WebLinkAboutMINUTES - 11271990 - H.2 14 . 2
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
For Flood Control Purposes ) NO. 90/742
4 Drainage Area 33B ) (Code of Civ. Proc.
Concord Area ) S 1245 . 230 ) -
5 )
6 The Board of Supervisors of Contra Costa County,
7 California as ex-officio governing body of the Contra Costa
8 County Flood Control and Water Conservation District by vote of
9 two-thirds or more of its members, RESOLVES that:
10 Pursuant to West' s Water Code, Appendix S 63-5 and
11 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
12 Costa County Flood Control and Water Conservation District
13 intends to construct a storm drain facility project, a public
14 improvement for flood control purposes, and in connection
15 therewith, acquire interests in certain real property.
16 The property to be acquired consists of two parcels and
17 is generally located in the Concord area . The said property is
18 , more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by reference.
20 On November 6 , 1990, notice of the District' s intention
21 to adopt a resolution of necessity for the acquisition by
22 eminent domain of the property described in Appendix "A" was
23 sent to persons whose names appear on the last equalized County
24 Assessment Roll as-, the owners of said property. The notice
25 specified Tuesday, November 27 , 1990, at 11 : 00 a .m. , in the
26 Board of Supervisors Chambers in the Administration Building,
27 651 Pine Street, Martinez, California, as the time and place for
28 the hearing thereon.
RESOLUTION NO. 90/742
1 �
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project; and
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public
9 good and the least private injury; and
10 3 . The property described herein is necessary for the
11 proposed project; and
12 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The District' s counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of the Contra Costa County Flood
17 Control and Water Conservation District, by condemnation, the
18 titles, easements and rights of way as set forth in Appendix
19 "A" , in and to said real property or interests therein, in
20 accordance with the provisions of eminent domain in the Code of
21 Civil Procedure and the Constitution of California: Parcel 1 is
22 to be acquired as a permanent easement, parcel 1T is to be
23 acquired as a temporary easement.
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 To deposit the probable amount of compensation, based
28 on an appraisal, and to apply to said court for an order
2
1 permitting the District to take possession and use said real
2 property for said public uses and purposes .
3 PASSED and ADOPTED on November 27 , 1990 by the
4 following vote:
5 AYES: Supervisors Powers, Schroder, McPeak and Torlakson
NOES: None
6 ABSENT: Supervisor Fanden
ABSTAIN: None
7
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of the Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated:
Phil Batchelor, Clerk of the
14 Board of Supervisors and
County Administrator
15
16 By:
17
cc: Public Works Department
18 Real Property Division
Auditor-Controller
19 County Counsel (certified copy)
County Administrator
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V • A
DRAINAGE AREA 33B
A PORTION APN 116-110-012
Collins
Appendix "A"
Parcel 1 - PERMANENT EASEMENT
All that real property situate in Contra Costa County, State of California, described as follows:
A portion of Lot 71 as shown on that Map titled "R.N. Burgess Company, Map No. 1, Ayers Ranch
Subdivision," filed July 2, 1912 in Book 7 of Maps at page 170, records of said County also being a
portion of that parcel of land deeded to William R. collins and Evelyn M. Collins, recorded November
6, 1979 in Book 9608 of Official Records at page 90, records of said County, described as follows:
Commencing on the centerline of the County road known as Laurel Drive at the most southerly corner
of said Lot 71 (7 M 170); thence from said point northeasterly along the southeast line of said Lot 71,
north 43051'20" east 25.00 feet to the northeasterly right of way line of Laurel Drive being the Point of
Beginning; thence from said Point of Beginning northeasterly along the southeasterly line of said parcel
(9608 OR 90) north 43051'20" east 402.50 feet to the northeasterly line of said parcel; thence
northwesterly along the northeasterly line of said parcel north 46008'40" west 12.00 feet; thence leaving
said line southwesterly on a line parallel with the southeasterly line of said parcel south 43051'20" west
402.50 feet to the northeasterly right-of-way line of Laurel Drive; thence southeasterly along said right-
of-way line south 46008'40" east 12.00 feet to the Point of Beginning.
Containing an area of 4,830 square feet of land, more or less.
Parcel 1T - TEMPORARY CONSTRUCTION EASEMENT (to expire December 31, 1991 or at the
end of construction, whichever occurs
first)
A portion of Lot 71 as shown on that Map titled "R. N. Burgess Company, Map No. 1, Ayers Ranch
Subdivision," filed July 2, 1912 in Book 7 of Maps at page 170, records of said County also being a
portion of that parcel of land deeded to William R. Collins and Evelyn M. Collins recorded November
6, 1979 in Book 9608 of Official Records at page 90, records of said County, described as follows:
Commencing on the centerline of the County road known as Laurel Drive at the most southerly corner
of said Lot 71 (7 M 170); thence from said point northeasterly along the southeast line of said Lot 71,
north 43051'20" east 25.00 feet to the northeasterly right of way line of Laurel Drive; thence
northwesterly along the northeasterly line of said Laurel Drive north 46008'40" west 12.00 feet to the
Point of Beginning; thence from said Point of Beginning northeasterly on a line parallel with the
southeasterly line of said parcel (9608 OR 90), north 43051'20" east 402.50 feet to the northeasterly line
of said parcel (9608 OR 90); thence northwesterly along said line north 46008'40" west 18.00 feet;
thence south 43051'20" west`-402.50 feet to the northeasterly right-of-way line of Laurel Road; thence
southeasterly along said right-of-way line south 46008'40" east 18.00 feet to the Point of Beginning.
Containing an area of 7,245 square feet of land, more or less.
Mrs
c:DA33B.ex
October 16, 1990
H. 2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF
THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on November 27, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, and Torlakson
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT: Proposed condemnation of real property for Drainage Area 33B
This is the time for hearing the proposed condemnation of
real property needed for Drainage Area 33B.
There being no one appearing in objection to the proposed
condemnation, at 11 : 00 a.m. , the Board approved the recommendation of
staff authorizing the District to exercise its power of eminent
domain by adopting a resolution of necessity.
At 2: 00 p.m. , Supervisor McPeak advised the Board that Mrs.
Evelyn M. Collins, 3179 Esperanza Drive, Concord, owner of the
property involved, had attempted to appear at 11 : 00 a.m. and speak to
the subject of the construction of the proposed storm drain on her
property and to the eminent domain proceedings, but was unable to do
so because of adverse traffic and parking conditions.
Good cause appearing therefore, IT IS BY THE BOARD ORDERED
that the staff is to take no action pursuant to the said resolution of
necessity and that that any such action is stayed until December 4,
1990 at 11 : 00 a.m. , and the Public Works Department is directed to
review options with Mrs. Collins.
I hereby certify that this is a."and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on th date shown.
ATTESTED: '? 7 990
cc: County Counsel PHIL BATCHELOR,Clerk of the Board
Public Works of Supervisors and County Administrator
County Administrator
a4 a ,Deputy