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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS EX OFFICIO GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DATE: May 10, 1994 MATTER OF RECORD
The Board this day held its noticed hearing on the proposed
condemnation of real property need for Drainage Area 10, Line G,
Culvert Replacement Project in the Danville area
Thomas Blake, 881 Danville Boulevard, Danville 94526, appeared and
objected to the proposed project in general, and expressed concern
about the mature trees on his property which would be affected.
Milton Kubicek of the Flood Control Department explained the
engineering of the project and urged the Board to approve the
proposed condemnation.
The Board considered the testimony before it and ADOPTED
Resolution No . 94/267 approving said condemnation .action.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
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 ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) NO. 94/267
4 Drainage Area 10, Line G ) (Code of Civ. Proc. § 1245 . 230 )
Danville Area )
5 )
6 The Board of Supervisors of Contra Costa County,
7 California as ex-officio governing body of the Contra Costa County
8 Flood Control and Water Conservation District, by vote of two-
9 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 Costa
12 County Flood Control and Water Conservation District intends to
13 construct a culvert replacement project, inlet and outlet
14 structures and related flood control facilities, a public
15 improvement for flood control purposes, and in connection
16 therewith, acquire interests in certain real property.
17 The property to be acquired consists of one parcel and is
18 generally located in the Danville area . The said property is more
19 particularly described in Appendix "A" , attached hereto and
20 incorporated herein by reference.
2 1
On April 18, 1994 , notice of the District' s intention to
22 adopt a resolution of necessity for the acquisition by eminent
23 domain of the property described in Appendix "A" was sent to the
24 persons whose names appear on the last equalized County Assessment
25 Roll as the owners of said property. The notice specified Tuesday,
26 May 10, 1994 , at 11 : 00 a.m. , in the Board of Supervisors Chambers
27 in the Administration Building, 651 Pine Street, Martinez ,
28 California, as the time and place for the hearing thereon.
RESOLUTION NO. 94/267
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1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and based
3 upon the evidence presented to it, this Board finds , determines and
4 hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project; and
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public good
9 and the least private injury; and I"
10 3 . The property described herein is necessary for the
11 proposed project; and
I
12 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The District' s counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of the Contra Costa County Flood
17 Control and Water Conservation District, by condemnation, the
18 titles , easements and rights of way as set forth in Appendix "A" ,
19 in and to said real property or interests therein, in accordance
20 with the provisions of eminent domain in the Code of Civil
21 Procedure and the Constitution of California: Parcel 1744 is to be
22 acquired as a permanent easement.
23 To prepare and prosecute in the District's name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26 To deposit the probable amount of compensation, based on
27 an appraisal, and to apply to said court for an order permitting
28,� 2
RESOLUTION NO. 94/267
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1 the District to take possession and use said real property for said
2 public uses and purposes .
3 PASSED and ADOPTED on May 10, 1994 , by the following
4 vote:
5 AYES: Supervisors Smith, DeSulnier, Torlakson and Bishop
6 NOES: None
7 ABSENT: Supervisor Powers
8 ABSTAIN: None
9 I HEREBY CERTIFY that the foregoing resolution was duly
10 and regularly introduced, passed and adopted by the vote of . two-
11 thirds or more of the Board of Supervisors of the Contra Costa
12 County, California, at a meeting of said Board on the date
13 indicated .
14 Dated: May 10, 1994 Phil Batchelor, Clerk of the
Board of Supervisors and County
15 Administrator
16
r
17 By:
18 Depu y;'
19 cc: Public Works Department
Real Property Division
20 Auditor-Controller
County Counsel (certified copy)
21 County Administrator
22
23
24 df11(5):b1ake.ron
25
26
27
28 3
RESOLUTION NO. 94/267
Drainage Area 10 - Line G
Culvert Replacement at Rutherford Creek
vic. Danville Blvd and El Portal
PARCEL 1744 - Blake
Ptn. APN 201-022-003
Dwg. EB-10146
APPENDIX "A"
PARCEL 1744: (Permanent Easement)
Real property in an unincorporated area of Rancho San Ramon, Contra Costa County, California,
being a portion of Lot 6, Alamo Homesites Unit No. 1 filed November 16, 1944 in Book 27 of Maps
at page 40, records of said County, described as follows:
Beginning at the east corner of said Lot 6 (27 M 40); thence from the Point of Beginning, along the
southeast line of said Lot 6, south 44934'26' west 57.98 feet; thence leaving said southeast line,
north 87030'00"west 10.00 feet; thence north 13015'00"east 31.50 feet; thence north 32020'00"east
38.60 feet to the northeast line of said Lot 6 (27 M 40); thence along said northeast line, south
45030'34" east 31.98 feet, to the Point of Beginning.
Containing an area of 1,448 square feet (0.0332,acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
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10/22/93
i
I
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: May 4, 1994
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Eminent Domain Hearing, 5/10/94 @ 11:00 a.m.
Drainage Area 10 Line G Improvements
Rutherford Creek & Danville Blvd - Danville Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for
.acquisition by eminent domain of real property in the Danville area for the construction
of a culvert replacement project, and set May 10, 1994, at 11:00 a.m. as the date and
time affected owners may appear and be heard as to matters specified by law under
C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project
The proposed activity consists of replacing the twin 48-inch culverts on Rutherford
Creek under Danville Boulevard with a 96-inch diameter culvert. Upstream of the
culvert an approximately 15-foot by 15-foot by 18-foot high drop inlet structure will
be constructed. An approximately 18-foot by 20-foot by 13-foot high concrete
outlet structure will be constructed downstream of the culvert. A 4-foot high
cyclone fence will be installed on top of the box structures for safety purposes.
In order to proceed with the project, it is necessary for the County to exercise its
power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedure, notice was given to the following persons whose names and addresses
appear on the last equalized County Assessment Roll:
Thomas & Anne Blake Susan Ellen May Foord Glory& Fame Saint America
881 Danville Blvd. 10 Fairmayden Lane 112 EI Portal
Danville, CA 94526 Danville, CA 94526 Danville, CA 94526
This notice consisted of sending by first-class and certified mail on April 14, .1994, a
Notice of Intention which notified these owners that a hearing is scheduled for May 10,
1994, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be heard
on the matters referred to in the notice.
Page 1 of 2
4b Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed_groiect.
The existing 48" culverts were put into use more than 50 years ago. The
pipes have outlined their useful life as evidenced by their current condition.
Additionally, the pipes trap debris and are undersized for the run-off which
is generated by the development which occurred in the past 50 years.
The project is needed as it will allow the majority of the debris to flow
through, unobstructed, due to the size of the new pipe. The project will
eliminate the potential of failure of the system due to structural damage.
The project will allow the design flows, in fact up to the 100 year storm (980
cfs), to pass this point, reducing the potential of flooding and erosion of
adjacent properties and possible failure of the Danville Boulevard embank-
ment.
B. The project is planned and located in the manner that will be most com-
patible with the -greatest public good and the least private injury.
The culvert improvement has been placed in a location to cause the least
practicable impact on adjoining properties. All lands taken lie below the top
of bank of the creek and have been minimized in size to reduce the need
for private property while maintaining good, engineering practice.
C. The prope!:Iy sought to be acquired is necessary for the project,
The property rights required for the project are permanent drainage
easements and temporary construction easements as shown on right of
way maps prepared for the project by the Contra Costa County Public
Works Department. (EB-10146) The permanent easements will encompass
the facilities to be constructed;the temporary rights will allow the necessary
work area to complete the improvements.
D. The offer of compensation required by Section 7267.2 of the Government
Code was made to the owners of record on April 11, 1994.
111. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the
three items specified in Section 11 above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under 11 A, B and C
above, make an additional finding that the offer of compensation required
by Section 7267.2 of the Government Code has been made to the owner
or owners of record, adopt a Resolution of Necessity to acquire the
required property by eminent domain and direct the Board Clerk to file a
copy of this report.
JMW:PS:glo
C:CO20DA10A5
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk - If approved by the Board, please file a copy of this report in your
records.
Page 2 of 2
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