HomeMy WebLinkAboutRESOLUTIONS - 12011987 - 87-713- 7. b
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 )
4 For Flood Control Purposes , )
Drainage Area 29D, Line AA )
5 7556-6D8564 ) RESOLUTION OF NECESSITY
Oakley Area ) NO. 87/713
6 ---------..----------------------) (C.C.P. Sec . 1245. 230)
7 The Board of Supervisors of Contra Costa County, California,
8 as ex-officio governing body of the Contra Costa County Flood
9 Control and Water Conservation District by vote of two-thirds or
10 more of its members , RESOLVES that :
11 Pursuant to West' s Water Code, Appendix S 63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656 , S 5 , Contra Costa County
13 Flood Control and Water Conservation District intends to construct
14 a storm drain project , a public improvement for flood control
15 purposes , and, in connection therewith , acquire interests in cer-
16 tain real property.
17 The property to be acquired consists of ten ( 10) parcels and
18 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 November 10, 1987 , this Board passed a resolution of inten-
22 tion to adopt a resolution of necessity for the acquisition by
23 eminent domain of the property described in Appendix "A"
24 (Resolution No. 87/673) and fixing 10 :30 a.m. , December 1 , 19879
25 in its Chambers in the Administration Building , 651 Pine Street ,
26 Martinez, California , as the time and place for the hearing
27 thereon.
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RESOLUTION NO. 87/713
1 The hearing was held at that time and place , and all
2 interested parties were given an opportunity to be heard and based
3 upon the evidence presented to it , this Board finds , determines
4 and hereby declares the following:
5 1 . The public interest and necessity require the proposed
6 project ; and
7 2 . The proposed project is planned and located in the manner
8 which will be most compatible with the greatest public good and
9 the least private injury; and
10 3 . The property described herein is necessary for the pro-
11 posed project ; and
12 4 . The offer required by Section 7267 . 2 of the Government
13 Code was made to the owner or owners of record.
14 The County Counsel of this County, or any Counsel associated
15 by him, is hereby AUTHORIZED and EMPOWERED:
16 To acquire in the County' s name, by condemnation , the titles ,
17 easements and rights of way as set forth in Appendix A, in and to
18 said real property or interests therein , in accordance with the
19 provisions for eminent domain in the Code of Civil Procedure and
20 the Constitution of California.
21 To prepare and prosecute in the County' s name such proceedings
22 in the proper court as are necessary for such acquisition;
23 To deposit the probable amount of compensation , based on an
24 appraisal , and to apply to said court for an order permitting the
25 District to take immediate possession and use said real property
26 for said public uses and purposes .
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1 PASSED and ADOPTED on December 1 , 1987 , by the following vote:
2 AYES : Supervisors Powers , Schroder, Torlakson $ McPeak
3 NOES : None
4 ABSENT: Supervisor Fanden
5 ABSTAIN: None
6 1 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: December 1 , 1987
Phil Batchelor , Clerk of the
11 Board of Supervisors and County
Administrator
12 p
13 By: -- � _- -.........
Deputy
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cc:! Public Works Department ,
15 Real Property Division
Auditor-Controller
16 County Counsel (Certified Copy)
County Administrator
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