HomeMy WebLinkAboutRESOLUTIONS - 11081988 - 88-711 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT �,ryrt
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4 Condemnation of Property )
For Flood Control Purposes )
5 Drainage Area 29D, Line AA
7556-6D8564 ) RESOLUTION OF NECESSITY
6 Oakley Area ) NO. 88/ 711
(Code of Civ. Proc. S 1245.230)
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8 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 by vote of
11 two-thirds or more of its members, RESOLVES that:
12 Pursuant to West's Water Code, Appendix 6 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 control purposes, and in connection therewith, acquire
17 interests in certain real property.
18 The 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 sought 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 eminent domain of the property described in Appendix "A"
26 (Resolution No. 88/656) and fixing 10:30 a.m. , November 8, 1988,
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RESOLUTION NO. 88/711
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1 in its Chambers in the Administration Building, 651 Pine Street,
2 Martinez, California, as the time and place for the hearing
3 thereon.
4 The hearing was held at that time and place, and 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:
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9 1. The public interest and necessity require the
10 proposed project; and
11 2. The proposed project is planned and located in the
12 manner which will be most compatible with the greatest public
13 good and the least private injury; and
14 3. The property described herein is necessary for the
15 proposed project; 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 The County Counsel of this County, or any Counsel
19 associated by him, is hereby AUTHORIZED and EMPOWERED:
20 To acquire in the name of the Contra Costa County Flood
21 Control and Water Conservation District, by condemnation, the
22 titles, easements and rights of way as set forth in Appendix "A" ,
23 in and to said real property or interests therein, in accordance
24 with the provisions of eminent domain in the Code of Civil
25 Procedure and the Constitution of California. Parcel 1521 is to
26 be acquired as a permanent easement, Parcel 1521T is to be
27 acquired as a temporary easement.
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1 To prepare and prosecute in the District's name such
,2 proceedings in the proper court as are necessary for such
3 acquisition. -
4 7 To deposit the probable amount of compensation, based
5 on an appraisal, .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 following vote:
10 AYES: Supervisors Fanden, McPeak, Torlakson and Schroder
11 NOES: None
12 ABSENT: Supervisor Powers
13 ABSTAIN: None
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15 I HEREBY CERTIFY that the foregoing resolution was duly
16 and regularly introduced, passed and adopted by the vote of two-
17 thirds or more of the Board of Supervisors of the Contra Costa
18 County, California, at a meeting of said Board on the date
19 indicated.
20 Dated: November 8, 1988
21 Phil Batchelor, Clerk of the
Board of Supervisors and
22 County Administrator
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By:
Deputy
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cc: Public Works Department
26 Real Property Division
Auditor-Controller
27 County Counsel (certified copy)
.County Administrator
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