HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-134 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2 AS EX-OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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4 Re: Condemnation of Property )
for Flood Control ) RESOLUTION OF NECESSITY
5 Purposes } No. 2002/134
Antioch/Oakley Area ) (C.C.P. § 1245.230)
6 )
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8 The Board of Supervisors of Contra Costa County,California,as ex-officio governing body
9 of the Contra Costa County Flood Control and Water Conservation District,by vote of two-thirds
10 or more of its members,RESOLVES that:
I 1 Pursuant to Water Code,Appendix Section 63-5(West's)and Water Code,Uncodified Acts,
12 Act 1656, Section 5 (Deering's), Contra Costa County Flood Control and Water Conservation
13 District intends to construct a flood control channel project,a public improvement for flood control
14 purposes, including the construction of a 66 inch storm drain in the Antioch/Oakley area, and, in
15 connection therewith, acquire interests in certain real property.
16 The property to be acquired consists of one (1) parcel and is generally located in the
17 Antioch/Oakley area. The said property is more particularly described in Appendix"A", attached
18 hereto and incorporated herein by this reference.
19 On February 25,2002,notice of the County's intention to adopt a resolution of necessity for
20 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
21 whose names appear on the last equalized County Assessment Roll as owners of said property. The
22 notice specified March 12, 2002, at 9:30 a.m. in the Board of Supervisors Chambers in the
23 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
24 thereon.
25 The hearing was held at that time and place, and all interested parties were given an
26 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
27 hereby declares the following:
28 1. The public interest and necessity require the proposed project; and
RESOLUTION NO. 2002/134 1
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; and
6 5. That insofar as any of the property described in this resolution has heretofore been
7 dedicated to the public use for public purposes, the acquisition and use of such
8 property by the Contra Costa County Flood Control and Water Conservation District
9 for flood control purposes is for a more necessary public use than the use to which
10 the property has already been appropriated or a compatible public use. This
11 determination and fording is made and this resolution is adopted pursuant to Code of
12 Civil Procedure sections 1240.510 and 1240.610; and
13 6. The Final Environmental Impact Report for Drainage Area 56,which was certified
14 by the Board of Supervisors on January 5, 1982,addressed the environmental effects
15 of the proposed project.
16 The District's counsel is hereby AUTHORIZED and EMPOWERED:
17 To acquire in the name of the Contra Costa Flood Control and Water Conservation District,
18 by condemnation, the titles, easements and rights of way hereinafter described in and to said real
19 property or interest{s}therein,in accordance with the provisions for eminent domain in the Code of
20 Civil Procedure and the Constitution of California:
21 Parcel 1 is to be acquired as a permanent easement for drainage purposes.
22 To prepare and prosecute in the District's name such proceedings in the proper court as are
23 necessary for such acquisition;
24 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
25 court for an order permitting the District to take immediate possession and use said real property for
26 said public uses and purposes.
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RESOLUTION NO. 2002/134 2
1 PASSED and ADOPTED on March 12, 2002,by the following vote.
2 AYES: gUMMSORS Unjmgk, (mm, DMCLMM, al7m = GioiA
3 NOES: »
4 ABSENT: NM
5 ABSTAIN:
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7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
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15 Orig. Dept: Public Works Department(R/P)
Contact: Carla Peccianti (313-2222)
16 Auditor-Controller
County Counsel(Certified Copy)
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I hereby certify that this is a true and correct
I9 I:1CI EKICONAEMN1Uniorr Pae ItNwpd.wpd copy of an action taken and entered on the
20 minutes of the Board of Supervisors on the
date shown.
21 ATTESTED:
JOHN SWEETEN, Clerk of th6 Board
22 of Sup rvlsors and County Administrator
By [deputy
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RESOLUTION NO. 2002/134 3