HomeMy WebLinkAboutMINUTES - 11051991 - HA HA
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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3 Condemnation of Property ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) No. 91/733
4 DA 29H - Outfall ) (Code of Civ. Proc.j §1245 . 230 )
Oakley Area )
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 § 631-5 and
11 Deering's Water Code, Uncodified Acts , Acts 1656, § 5, Contra
12 Costa County Flood Control and Water Conservation District
13 intends to construct a storm drainage system project, a public
i
14 improvement for flood control purposes, an din connection
15 therewith, acquire interests in certain real property.
16 The property to be acquired consists of one parcel and
17 is generally located in the Oakley area . The said property is
18 more particularly described in Appendix "A" , attached hereto and
.19 incorporated herein by reference.
20 On October 7, 1991, notice of the District's intention
21 to adopt a resolution of necessity for the acquisition by eminent
22 domain of the ,property described in Appendix "A" was sent to
23 persons whose names appear on the last equalized County
24 Assessment Roll as the owners of said property. The notice
25 specified Tuesday, November 5, 1991, at 9 : 00 a.m. , in the Board
26 of Supervisors Chambers in the Administration Building, 651 Pine
27 .Street, Martinez, California, as the time and place for the
28 hearing thereon.
1
RESOLUTION NO. 91/733
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 j
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 "A" ,
19 in and to said real property or interests therein, in accordance
20 with the provisions of eminent domain in the Code of Civil
21 Procedure and the Constitution of California: Said parcel is to
22 be acquired as a permanent easement.
23 To prepare and prosecute in the District' s name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26 To deposit the probable amount of compensation, based
27 on an appraisal, and to apply to said court for an order
28
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 5, 1991, by the
4 following vote:
5 AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
6 NOES: None
7 ABSENT: None
8 ABSTAIN: None
.9 1 HEREBY CERTIFY that the foregoing resolution was duly
10 and regularly introduced, passed and adopted by the vote of two-
11 thirds or more of the Board of Supervisors of the Contra Costa
12 County, California, at a meeting of said Board on the date
13 indicated.
14 Dated: Phil Batchelor, Clerk of the Board
of Supervisors and County
15 Administrator
16 A
By: &L, Juvie 1.
17 Deputy
18
cc: Public works Department
19 Real Property Division
Auditor-Controller
20 County Counsel (certified copy)
County Administrator
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DA 29H LINE A OUTFALL
Parcel 1653.1
Appendix "A"
A portion of 100 feet in width S.B.E. 804-7-17A Pcl. 2 granted to San Francisco and San
Joaquin Valley Railway Company in the Final Decree under Action 2933 of the Superior
Court of Contra Costa County, California, entered September 17, 1898 in Book 7 of
Judgements at page 264, records of said County.
t
Bearings are based on the California Coordinate System Zone III (C.C.S. 27) taking south
88045'48" east as the bearing of the south line of the northeast quarter of Section 22,
Township 2 North, Range 2 East, Mount Diablo Meridian per Precise Traverse of Victory
Highway, records of said County.
Commencing at the railroad spike monument VH-11 marking the center of said Section
22; thence along the centerline of Victory Highway, south 8804548" east 667.70 feet, to
the northerly prolongation of the east line of Subdivision MS 90-84 filed August 5, 1985
in Book 117 of Parcel Maps at page 21; thence continuing south 88045 48" east 5.00 feet;
thence along a line parallel with said prolongation, north 000 28'15" east 621.,'30 feet, to
the Point of Beginning'of this description, being a point on the south line of S.B.E. 804-7-
.17A Pci. 2; thence from the Point of Beginning, continuing along said parallel!line, north
00028'15" east 108.49 feet, to a point on the north line of S.B.E. 804-7-17A Pcl. 2, being
the arc of a non-tangent curve concave to the southwest having a radius of 5,779.65 feet
(The radial to said point bears north 23004'24" east.); thence along said north line,
northwesterly 43.26 feet, through a central angle of 00025'44", to a line parallel with and
35.00 feet westerly (right angle measurement) from the prolongation of the east line of
Subdivision MS 90-84; thence along said parallel line, south 00028'15" west 108.14 feet,
to a point on the south line of S.B.E. 804-7-17A Pcl. 2, being the arc of a non-tangent
curve concave to the southwest having a radius of 5,679.65 feet (The radial to said point
bears north 23°03'22 east.); thence along said south line, southeasterly 43.39 feet,
through a central angle of 00026'16", to the Point of Beginning.
Containing an area of'4,333 square feet of land, more or less.
KM:rs
c:1653.ex
October 30, 1991