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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-113 1 THE BOARD OF SUPERVISORS 2 CONTRA COSTA COUNTY, CALIFORNIA AS EX OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY 3 FLOOD CONTROL AND WATER CONSERVATION DISTRICT 4 5 RE: Condemnation of Property for Flood RESOLUTION OF NECESSITY Control Purposes, San Ramon Creek NO. 98/1.13 6 Improvement Project (C.C.P. § 1245.230) Alamo Area 7 8 The Board of Supervisors of Contra Costa County, California as ex officio governing body of g the Contra Costa County Flood Control and Water Conservation District,by vote of two-thirds or more 10 of its members,RESOLVES that: 11 Pursuant to West's Water Code,Appendix Section 63-5 and Deering's Water Code,Uncodified 12 Acts,Act 1656, Section 5,Contra Costa County Flood Control and Water Conservation District intends 13 to construct a flood control channel project,a public improvement,and,in connection therewith,acquire 14 interests in certain real property. 15 The property to be acquired consists of two (2) parcels and is generally located in the Alamo 16 area. The said property is more particularly described in Appendix "A", attached hereto and 17 incorporated herein by this reference. 18 On March 2, 1998, notice of the District's intention to adopt a resolution of necessity for 19 acquisition by eminent domain of the real property described in Appendix "A" was sent to persons 20 whose names appear on the last equalized County Assessment Roll as owners of said property. The 21 notice specified March 17, 1998, at 2:00 P.M. in the Board of Supervisors Chambers in the 22 Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing 23 thereon. 24 The hearing was held at that time and place, and all interested parties were given an opportunity 25 to be heard and based upon the evidence presented to it, this Board finds, determines and hereby 26 declares the following: 27 1. The public interest and necessity require the proposed project; and 28 RESOLUTION NO. 98/113 1 2. The proposed project is planned and located in the manner which will be most 2 compatible with the greatest public good and the least private injury; and 3 3. The property described herein is necessary for the proposed project; and 4 4. The offer required by Section 7267.2 of the Government Code was made to the owner 5 or owners of record. 6 The County Counsel of this District's is hereby AUTHORIZED and EMPOWERED: 7 To acquire in the District's name, by condemnation, the titles, easements and rights of way 8 hereinafter described in and to said real property or interests therein,in accordance with the provisions 9 for eminent domain in the Code of Civil Procedure and the Constitution of California: 10 Parcel 1797 is to be acquired as permanent drainage easement. 11 Parcel 1797T is to be acquired as a temporary construction easement. 12 To prepare and prosecute in the District's name such proceedings in the proper court as are 13 necessary for such acquisition, 14 To deposit the probable amount of compensation, based on an appraisal, and to apply to said 15 court for an order permitting the District to take immediate possession and use said real property for said 16 public uses and purposes. 17 PASSED and ADOPTED on March 17, 1998 ,by the following vote: 18 APES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers 19 NOES: Nene 20 ABSENT: None 21 IlJ 22 ll/ 23 Irl 24 25 26 Ill 27 IlI 28 RESOLUTION NO. 98/113 _2- 1 1 THEREBY CERTIFY that the foregoing revolution was duly and regularly introduced,passed 2 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County, 3 California, at a meeting of said Board on the date indicated above. 4 Dated: March 17, 1998 5 Phil Batchelor,Clerk of the 6 Board of Supervisors and County Administrator 7 8 0 By: A. 9 eputy 10 11 12 13 14 cc: Public Works Department Real Property Division 15 Auditor-Controller County Counsel (Certified copy) 16 17 HADF0TMRIBFS\SLAISANR"0N.WPD 18 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 98/113 -3- San Ramon Creek / rJc Parcel 1797 & 1797T- Franco wxs ax "nee Wm Ww""r JOIN DWG. ED-849 APPENDIX"A!' Real property in an unincorporated area of Contra Costa County, California, being a portion of the parcel of land described as Parcel 1 in the grant deed to James A. Franco and Joanne L. Franco recorded May 30, 1985, in Book 12336 of Official Records at page 569, records of said County, described as follows: PPAECEL 1797: (Permanent Drainage Easement) Beginning at the northeast corner of said Franco parcel (12336 0.R. 569); thence from the Point of Beginning, along the easterly boundary of said Franco Parcel, south 25°17'22" east 22.443 meters; thence south 62054'38" west 32.553 meters; thence south 7058'22" east 46.330 meters to the southeast corner of said Franco Parcel; thence, along the southerly line of said Franco Parcel, south 63°56`58" west 6.800 meters; thence, leaving said southerly line, north 30053'51" west 9.187 meters; thence north 73010'19"west 8.421 meters; thence north 1°55'40"west 14.613 meters; thence north 11 025'04" west 9.574 meters; thence north 20°42'34" west 9.475 meters; thence north 25009'40" west 19.554 meters to a point on the northerly line of said Franco Parcel (12336 O.R. 569); thence, along said northerly line, north 63"16'38" east 51.397 meters to the Point of Beginning. Containing an area of 1,840.2 square meters of land, more or less. PARCEL 1797T (Temporary Construction Easement to expire December 31, 1599, or at end of construction, whichever occurs first). Beginning at the northwest comer of PARCEL 1797 described above; thence, along the westerly boundary of said PARCEL. 1797, south 25009'40°east 19.554 meters;thence south 20042'34"east 9.475 meters; thence south 11 025'04" east 9.574 meters; thence south 1 055"40" east 14.613 meters; thence south 73°10'19" east 8.421 meters; thence south 30°53'51" east 9.187 meters to the southwest corner of said PARCEL 1797, said point lying on the southerly line of said Franco Parcel (12336 0.R. 569); thence, along said southerly line, south 63°56' 58"west 3.290 meters; thence leaving said southerly line, north 42°09' 3fi" west 10.485 meters; thence north 8402232" west 4.862 meters; thence north 3011'58"east 17.938 meters; thence north 17000'08" west 4.229 meters; thence north 11 009'52" west 5.265 meters; thence north 20°41'52" west 9.439 meters; thence north 25°09'41" west 19.520 meters to a point on the northerly line of said Franco Parcel (12336 O.R. 559); thence, along said northerly line, north 63016'38" east 1.000 meters to the Point of Beginning. Containing an area of 121.1 square meters of land, more or less. Bearings are based on the California Coordinate System Zone Ill (CCS27). 1 Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S. Survey foot. Areas shown are in square meters, multiply areas shown by 10.78 to convert to square feet. These real property descriptions have been prepared by me or under my direction, in conformance with the profess' d Su Signature: , ` 7W License and Surveyor Contra Costa County Public Works EXp./2.D Gate. - { No, 5999 JH.jig gAd ricaRexhibitsTranco.ex 9116/95