HomeMy WebLinkAboutMINUTES - 03311987 - T.1 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
4 Condemnation of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes , ) NO. 87/173
5 Upper Pine Creek )
Concord Area ) (C.C.P. Sec . 1245. 230)
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8 The Board of Supervisors of Contra Costa County, California ,
9 as ex-officio governing body of the Contra Costa County Flood
10 Control and Water Conservation District by vote of two-thirds or
11 more of its members , RESOLVES that :
12 Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s
13 Water Code , Uncodified Acts . Act 1656, S 5, Contra Costa County
14 Flood Control and Water Conservation District intends to construct
15 a flood control channel project , a public improvement , and, in
16 connection therewith , acquire interests in certain real property.
17 The property to be acquired consists of 4 parcels and is
18 generally located in the Concord area . The said property is more
19 particularly described in Appendix "A" , attached hereto and incor-
20 porated herein by this reference .
21 On March 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 . 87/135) and fixing 10 :30 a .m. , March 31 , 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 .
28 The hearing was held at that time and place , and all
RESOLUTION NO. 87/173
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1 interested parties were given an opportunity to be heard and based
2 upon the evidence presented to it , this Board finds , determines
3 and hereby declares the following:
4 1 . The public interest and necessity require the proposed
5 project : and
6 2. The proposed project is planned and located in the manner
7 which will be most compatible with the greatest public good and
8 the least private injury; and
9 3 . The property described herein is necessary for the pro-
10 posed project ; and
11 4. The offer required by Section 7267 . 2 of the Government
12 Code was made to the owner or owners of record .
13 The County Counsel of this District is hereby AUTHORIZED and
14 EMPOWERED:
15 To acquire in the District ' s name , by condemnation , the titles ,
16 easements and rights of way described in and to said real property
17 or interests therein, in accordance with the provisions for emi-
18 nent domain in the Code of Civil Procedure and the Constitution of
19 California:
20 To prepare and prosecute in the County' s name such proceedings
21 in the proper court as are necessary for such acquisition;
22 To deposit the probable amount of compensation , based on an
23 appraisal , and to apply to said court for an order permitting the
24 County to take immediate possession and use said real property
25 for said public uses and purposes .
26 PASSED and ADOPTED on March 31 , 1987 , by the following
27 vote:
28 AYES : Supervisors Fanden, Schroder, Torlakson and McPeak
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1 NOES : None
2 ABSENT: Supervisor Powers
3 I HEREBY CERTIFY that the foregoing resolution was duly and
4 regularly introduced , passed and adopted by the vote of two-thirds
5 or more of the Board of Supervisors of Contra Costa County,
6 California , at a meeting of said Board on the date indicated.
7 Dated: March 31 , 1987
8 MAR 31 19_81__ _
' Phil Batchelor ,�Clerksoflthe
9 Board of Supervisors and- County
Administrator
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12 Deputy
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cc: Public Works Department
15 Real Property Division
Auditor-Controller
16 County Counsel (Certified Copy)
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Upper Pine Creek
APPEMIX "A"
Parcell 1378A, A Temporary Cmwb= ian Basement for Flood Control Raposes
to expire Matadi 31, 1989.
A portion of that parcel of land described as Parcel One in deed to Cheryl
Wong Ng and Edwin Ng recorded September 22, 1978 in Book 9022 at page 640 of
Official Records of Contra Costa County, State of California, described as
follows:
Beginning on the southeasterly line of said Ng parcel (9022 O.R. 640) at the
southwesterly line of San Miguel Road as shown on the map entitled
"Subdivision 5309 San Miguel Estates" filed October 1, 1980 in Book 246 of
Maps at page 16; thence from said point of beginning along said south-
easterly line south 55° 58' 48" west (record south 56° 27' 30" west) 77.00
feet; thence leaving said line, north 34° 01' 12" west 45.36 feet; thence
north 55° 58' 48" east 34.16 feet to a point on the northwesterly line of
said Ng parcel; thence along said line, north 71° 26' 12" east 54.04 feet to
the westerly line of said San Miguel Road; t-gene along the westerly and
southwesterly line of San Miguel Road, south 7 32' 18" west 11.69 feet and
south 30° 10' 12" east 22.26 feet to the point of beginning.
Containing 3,314 square feet of land, more or less.
Parcel 1381A, A Crary Construction Ease ent for Flood C antrol Rmposes
to expire Match 31, 1989.
A portion of that parcel of land described in deed to Irene Quesncy recorded
August 24, 1976 in Book 7991 at page 39 of Official Records of contra Costa
County, State of California, described as follows:
Beginning on the northwesterly line of said Quesn°y parcel (7991 O.R. 39) at
the southwesterly line of San Miguel Road as shown on the map entitled
"Subdivision 5309 San Miguel Estates" filed October 1, 1980 in Book 246 of
Maps at page 16; thence from said point of begirTLU)9 along said north-
westerly line, south 550 58' 48" west (record south 56 27' 30" west) 58.00
feet; thence leaving said line, south 34° 01' 12" east 36.00 feet; thence
north 55° 58' 48" east 55.58 feet to the said southwesterly line of San
Miguel Road; thence along said line, north 30° 10' 12" west 36.08 feet to
the point of beginning.
Containing an area of 2,044 square feet of land, more or less.
page 1
Parcel 1378 T2, A Temporary Easement to rove and replace the
existing roadway hyprcvements. It is imderst-Jood that the ownership and
e
responsibilities remain n with the underlyin3 fee title owners.
A portion of that parcel of land described as Parcel One in deed to Cheryl
Wong Ng and Edwin Ng recorded September 22, 1978 in Book 9022 at page 640 of
Official Records of Contra Costa Comity, State of California, described as
follows:
Beginning on the southeasterly line of said Ng parcel (9022 O.R. 640) at the
southwesterly line of San Miguel Road as shown on the map entitled
"Subdivision 5309 San Miguel Estates" filed October .1, 1980 in Book 246 of
Maps at page 16; thence frcan said point of beginning along said south-
easterly line south 550 58' 48" west (record south 56 27' 30" west) 77.00
feet; tbgnce leaving said line, north 34° Ol' 12" west 45.36 feet; thence
north 55 58' 48" east 34.16 feet to a point o& the northwesterly line of
said Ng parcel; thence along said line, north 71 26' 12" east 54.04 feet to
the westerly line of said San Miguel Road; ttoience along the westerly and
southwesterly line of San Miguel Read, south 7 32' 18" west 11.69 feet and
south 30 10' 12" east 22.26 feet to the point of beginning.
Containing 3,314 square feet of land, more or less.
Parcel 1381 T2, A Temporary Cknatnrtion Easement to remove and replace the
existing roadway improvements. It is understood that the owT* shun and
maintenance responsibilities remain n with the urklerlying fee title owners.
A portion of that parcel of land described in deed to Irene Quesnoy recorded
August 24, 1976 in Book 7991 at page 39 of Official Records of contra Costa
County, State of California, described as follows:
Beginning on the northwesterly line of said Quesnoy parcel (7991 O.R. 39) at
the southwesterly line of San Miguel Road as shown on the map entitled
"Subdivision 5309 San Miguel Estates" filed October 1, 1980 in Book 246 of
Maps at page 16; thence from said point of beginning along said north-
westerly line, south 550 58' 48" west (rerdord south 56 27' 30" west) 58.00
feet; thence leaving said line, south 34 O1' 12" east 36.00 feet; thence
north 55° 58' 48" east 55.58 feet to the said southwesterly line of San
Miguel Road; thence along said line, north 30° 10' 12" west 36.08 feet to
the point of beginning.
Containing an area of 2,044 square feet of land, more or less.
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