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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 Condemnation of Property For )
Flood Control Purposes ) RESOLUTION OF NECESSITY
4 Drainage Area 57 Basin ) NO. 92/145
Martinez, Area ) (Code of Civ. Proc.
5 ) §1245 . 230")
6 The Board of Supervisors of Contra Costa County,,
7 California as ex-officio governing body of the Contra Costa
8 County Flood Control and Water Conservation District by vote of
9 two-thirds or more of its members , RESOLVES that:
10 Pursuant to West' s Water Code, Appendix § 63-5 and
11 Deering's Water Code, Uncodified Acts, Acts 1656, § 5, Contra
12 Costa County Flood Control and Water Conservation District
13 intends to construct a ,flood control basin project, a public
14 improvement for flood control purposes, and in connection
15 therewith, acquire interests in certain real property.
16 The property to be acquired consists of two parcels and
17 is generally located in the Martinez area. The said property is
18 more particularly described in Appendix "A" , attached hereto and
19 incorporated herein by reference. Some of the property sought to
120 be acquired is property appropriated to a public use; the
21 proposed use is a more necessary public use than the use to which
22 the property is now appropriated (C.C.P. § 1240 . 610 ) or a
23 compatible public use (C.C.P. § 1240 .510) .
24 On February 12, 1992, notice of the District' s
25 intention to adopt a resolution of necessity for the acquisition
26 by eminent domain of the property described in Appendix "A" was
27 sent to persons whose names appear on the last equalized County
28 Assessment Roll as the owners of said property. The notice
1
RESOLUTION N0. 921145
1
1 specified Tuesday, March 10, 1992, at -9 : 00 a.m. , in the Board of
2 Supervisors Chambers in the Administration Building, 651 Pine
3 Street, Martinez, California, as the time and place for the
4 hearing thereon.
5 The. hearing was held at that time and place, and all
6 interested parties were given an opportunity to be heard and
7 based upon the evidence presented to it, this Board finds,
8 determines and hereby declares the following:
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 District's counsel is hereby AUTHORIZED and
19 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 1503 is to
26 be acquired in fee title, Parcel 1503 A is to be acquired as an
27 easement.
28,11To prepare and prosecute in the District's name such
2
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1 proceedings in the proper court as are necessary for such
2 acquisition.
. 3 To deposit the probable amount of compensation, based
4 on an appraisal, and to apply to said court for an order
5 permitting the District to take possession and use said real
6 property for said public uses and purposes .
7 PASSED and ADOPTED on March 10 , 1992 by the Following
8 vote:
9 AYES: Supervisors Powers, Fanden, Torlakson and McPeak
10 NOES: None
11 ABSENT: Supervisor Schroder
12 ABSTAIN: None
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 and regularly introduced, passed and adopted by the vote of two-
15 thirds or more of the Board of Supervisors of the Contra Costa
16 County, California, at a meeting of said Board on the date
17 indicated.
18 Dated:
19 Phil Batchelor, Clerk of the
Board of Supervisors and
20 County Administrator ,
21
2 2 By: t a �� .c
Deputy
23
24
cc: Public Works Department
25 Real Property Division
Auditor-Controller
26 County Counsel (certified copy)
County Administrator
27
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28
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Drainage Area 57
Drawing Number EB 10120
APPENDIX "A
Parcel 1503 (Fee)
A portion of that parcel of.land described in the deed to Atchison Topeka and Santa Fe Railway
Company, recorded November 26, 1897 in Book 76.of Deeds at page 583, records of Contra Costa
County, State of California, described as follows:
Commencing at the northerly terminus of the line with a bearing and distance of north 11°28'00" west
341.22 feet as described in the deed to Conrad Viano and Clement A. Viano filed August 28, 1973 in
Book 7033 of Official Records at page 62,records of Contra Costa County; thence along said line south
10°31'46" east 20.09 feet to the Point of Beginning (the bearing south 10°31'46" east being used for the
purpose of this description) thence from said Point of Beginning southerly along said line south
10°31'46" east 321.13 feet to a point on the boundary line of said Viano parcel (7033 O.R. 62); thence
along said boundary line north 73°25'14" east 626.17 feet; thence leaving said boundary line north
.35°24'25" east 263.67 feet; thence south 84°31'14" west 815.31 feet to the Point of Beginning.
Containing an area of 4.16 acres of land, more or less.
Parcel 1503A (Easement)
A portion of that parcel of land described in the deed to Atchison Topeka and Santa Fe Railway
Company, recorded November 26, 1897 in Book 76 of Deeds at page 583, Contra Costa County,
California described as follows:
,Commencing at the southerly terminus of the line with a bearing and distance of south 72° 29' west
1349.70 feet as described in the deed to Conrad Viano and Clement A Viano recorded August 28, 1973
in Book 7033 of Official Records at page 62 records of said county; thence along said line north 73°
25' 14" east 626.17 feet (the bearing north 73°25'14" east being used for the purpose of this
description); thence leaving said line north 35° 24' 25" east 263.67 feet; thence south 84° 31' 14" west
177.50 feet to the Point of Beginning of the following described strip of land:
A strip of land 15.00 feet in width, the centerline of which is described as follows:
Thence from said Point of Beginning north 26° 31' 14" east to the northerly line of said Atchison
Topeka and Santa Fe Railway Company parcel (76 D 583) also being the southerly line of that parcel
of land, quit claimed to Shell Oil Company Incorporated, on April.14, 1941 in Book 584 of Official
Records at page 394 being the northerly terminus of the herein described strip of land.
Bearings are based on the California Coordinate System Zone III (C.C.S: 27).