HomeMy WebLinkAboutMINUTES - 03011988 - 1.8 TO: BOARD OF SUPERVISORS
FROM: J. Michael Walford, Chief Engineer
DATE: March 1, 1988
SUBJECT: Acquisition of Real Property and Settlement of Court
Action for the Lower Pine Creek
Concord Area; Contra Costa County Flood Control and
Water Conservation District v. Maddagiri (Brohman) No.
244265
Project No. : 7520-6B8696 Task: ACQ Account: 3540
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND _
JUSTIFICATION
I. Recommended Action: The Chief Engineer of Contra Costa
County Flood Control and Water Conservation District recom-
mend that the Board take the following actions:
A. APPROVE and AUTHORIZE John D. Rogers, the District's
attorney to execute on behalf of the District, the
Stipulation for Judgment in Condemnation, which provides
for acquisition by the Flood Control District of fee
title and provides for payment by the District to
Rosetta Mae Brohman the additional sum of $11, 601. 00.
B. AUTHORIZE and DIRECT the Auditor, on behalf of District
to deposit with the Court $11, 601. 00 as compensation for
the fee title payable to the County Clerk, care of the
Real Property Division of the Public Works Department.
III. Reasons for Recommendations: Settlement of pending lawsuit.
Cont'd on Attachment: X yes Signature
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s)
Action of Board on
Approved as recommended X Other
Vote of Supervisors
X Unanimous (Absent ) I HEREBY CERTIFY THAT THIS
Ayes: Noes: IS A TRUE AND CORRECT COPY
Absent: Abstain: OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF
THE BOARD OF SUPERVISORS ON
DATE SHOWN.
ATTESTED MAR 1 1988
PHIL BATCHELOR, Clerk of
the Board of Supervisors
and County Administrator
BY
DEPUTY
IV. Background: On February 17, 1983 , Contra Costa County Flood
Control and Water Conservation District filed an action in
eminent domain against Rosetta Mae Brohman in Case No.
244265, Contra Costa County Flood Control and Water Conser-
vation District, etc. v. Maddagiri, et al. for acquisition of
a permanent easement for construction and operation of a
portion of the Pine Creek Channel in Concord at the intersec-
tion of Monument Boulevard and Galindo Creek. Representa-
tives of the District and Rosetta Mae Brohman have been
negotiating since the District filed the condemnation action
in 1983 . A settlement has been reached which provides for
the District's acquisition of title in fee for $55, 000. 00.
The District has already deposited $43 , 399 . 00 with the
Superior Court, which sum has been credited against the
compensation payable by the District, leaving a balance owing
from the District to Rosetta Mae Brohman of $11, 601. 00.
V. Consequences of Negative Action: The above-described legal
action would remain pending and unresolved and expose the
District to inverse condemnation lawsuit.
II. Financial Impact: Payment totalling $11, 601. 00 for the
aforementioned contract will come from Lower Pine Creek
project funds which are 75% reimbursable from California
Department of Water Resources.
cc: County Administrator
Public Works Department
Attn: M. Kubicek, Flood Control
Attn: G. Kramer, Real Property
Attn: R. Gilchrist, Accounting
Community Development Department
County Auditor-Controller
J. Rogers, Attorney
200 Bush Street, Ste. 1200
San Francisco, CA 94104-3514
County Counsel
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