HomeMy WebLinkAboutRESOLUTIONS - 12011987 - 87-714 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 Flood Control Purposes , )
Project No. 7520-6138539 )
5 Sycamore Creek, Danville Area ) RESOLUTION OF NECESSITY.
NO. 87/714
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 § 63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656, § 5 , Contra Costa County
13 Flood Control and Water Conservation District desires to preserve
14 the natural creek environment of Sycamore Creek, 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 one (1) parcel and is
18 generally located in the Danville area. The said property is more
19 particularly described in Appendix "A" , attached hereto and incor-
• 20 porated herein by reference .
21 On November 3, 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. 87/661 ) and fixing 10 :30 a.m. , December 1 , 1987 ,
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. 87/714
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 , and any counsel associated
15 by him, is hereby AUTHORIZED and EMPOWERED:
16 To acquire in the District ' s name , by condemnation, the fee
17 title to the property described in Appendix A, in and to said
18 real property or interests therein , in accordance with the provi -
19 sions for eminent domain in the Code of Civil Procedure and the
20 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 County 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 , Fanden, Schroder, Torlakson G ivicPeak
3 NOES : None
4 ABSENT: None
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, as ex officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District at a meeting
11 of said Board on the date indicated.
12 Dated: December 1 , 1987
Phil Batchelor , Clerk of the
13 Board of Supervisors and County
Administrator
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15 By: _�ed/1B?3h�_.l�Le�___
Deputy
16
cc: Public Works Department ,
17 Real Property Division
Auditor-Controller
18 County Counsel (Certified Copy)
County Administrator
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