HomeMy WebLinkAboutRESOLUTIONS - 04301985 - T.5 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY, CALIFORNIA,
1 AS EX OFFICIO_ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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3 RE : Condemnation� of Property ) RESOLUTION OF NECESSITY
for Flood Control Purposes , ) NO. 85/210
4 San Pablo Creek, U.S....-Army )
Corps of Engineers Project-, ) (C.C.P. Section 1245. 230)
5 Richmond Area )
Project No. 7527 -6D8606 )
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The Board of Supervisors , as ex officio the Board of
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Supervisors of the Contra Costa County Flood- Control and Water
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Conservation District , by vote of two-thirds or more of its mem-
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bers , RESOLVES that :
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Pursuant to West ' s Water Code-Appendix Sec . 63 .5 and Deering' s
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Water-Uncodified Acts , Act 1656 , Sec . 5, the Contra Costa County
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Flood Control and Water Conservation District intends to construct
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a flood control channel , a public improvement , and , in connection
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therewith , acquire an interest in certain real property .
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The property to be acquired is generally located in the
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Richmond area west of Parr Boulevard and Garden Tract Road and
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consists of one (1 ) parcel within the proposed site of the San
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Pablo Creek, U.S. Army Corps of Engineers project .
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Said property is more particularly described in Appendix "A, "
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attached hereto and incorporated herein by this reference .
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On May 18 , 1982, this Board by resolution certified completion
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of the final environmental impact report for the San Pablo Creek
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project , including acquisition of the property described in
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Appendix "A" attached hereto , thus complying with the requirements
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of the California Environmental Quality Act (Public Resources Code
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§521000-21177 ) .
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On April 9 , 1985 , the Board passed a resolution of intention
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to adopt a resolution of necessity for the acquisition by eminent
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domain of the property described in Appendix "A" attached hereto
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and set April 30 , 1985 , at 10 :30 a .m. , in its Chambers in the
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Administration Building , 551 Pi-ne Street , Martinez, California, as
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the time and place for the.-.hearing thereon (Resolution No.
6 85/164) .
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The hearing was held at that time and place , all interested
8 parties were given an opportunity to be heard and , based upon the.
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evidence presented to it , this Board finds , determines and hereby
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declares the following:
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1 . The public interest and necessity require the proposed
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project ;
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2 . The proposed project is planned and located in the manner
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which will be most compatible with the greatest public good and
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the least private injury;
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3 . The property described herein is necessary for the pro-
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posed project ;
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4 . The offer required by Section 72.67 . 2 of the Government
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Code has been made to the owner or owners of record ; and
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5 . The property described herein - is necessary , pursuant to
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Code of Civil Procedure §1240.350 , for the purpose of providing
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utility service and access to a public road to other property not
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acquired by the District , which other property is cut off from
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utility service and access to a public road as a result of the
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acquisition' by the District .
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The County Counsel of this County is hereby AiTI'HORIZED AND
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EMPOWERED:
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To acquire in the District ' s name , by condemnation, fee
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title in and to said real property or interest (s ) therein , in
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accordance with the provisions for eminent domain in the Code of
3 Civil Procedure and the Constitution of California;
4 T`o prepare and prosecute in-'the District ' s name such pro-
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ceedings in the proper court as are necessary for such acquisi-
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tion; and
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To deposit the probable amount of compensation , based on an
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appraisal , and to apply to said court for an order permitting the.
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District to take immediate possession and use said real property
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for- said public uses and purposes .
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PASSED and ADOPTED on April 30 , 1985 by the following vote :
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AYES : Supervisors Powers , Fanden , Torlakson and McPeak
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NOES : None
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ABSENT: . Supervisor Schroder
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I HEREBY CERTIFY that th'e foregoing resolution was duly and
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regularly introduced , passed and adopted by the vote of two-thirds
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or more of the Board of Supervisors of Contra Costa County,
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California, as ex officio the Board of Supervisors of the Contra
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Costa County Flood Control and Water Conservation District , at a
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meeting of said Board on the date indicated .
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22 Dated: April 30 , 1985 PHIL BATCHELOR,
Clerk of the Board of
23 Supervisors and County
Administrator
24 By:....-C-� - ---------------
25 Deputy
26 cc: Public Works Department
Real Property Division
27 Auditor-Controller
County Counsel (certified copy)
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San Pablo Creek
Project 7527-6D8606
Pcl. 1261 - Fujii
APP UDIX 'A"
The landreferred to is situated in the S-tate of California, County
of Contra Costa, an un-incorporated area, and is described as follows:
Portion of Lot 30 , Section 35 , Township 2 North, Rance 5 West, Mount
Diablo Base and Meridian, and a portion of Lot 3, Section 2, Townshit
I North, Rance 5 West, Mount Diablo Base and Meridian, as shown on
the mac of Map No. I Salt Marsh and Tide Lands , filed in the office
of the County Recorder of Contra Costa County, descried as follows:
Beginning on the west line of said Lot 30, at the south line of the
parcel of land described in the deed from Cnorato; Chiozza to A. H.
Gross, dated July 29 , 19541 recorded August 4, 1954, in book 2358 of
Official Records, page 399; thence from said point of beginning along
said south line, East 609 .57 feet to the west line of the parcel of
land described in the deed from Onorato Chiozza to Wilart Realty
Company, dated October 30, 1947, recorded November 3 , 1947, in book
1144 of Official Records, page 63; thence south along said west line
321 feet to the south line of said Section 35 above referred to;
thence east along said south line of said Section 35 , 19.35 feet to
the west line of County Road 6A7 thence along the westerly line of
said road, South 143.15 feet and South 36° 7' west, 77.45 feet to the
east line of the parcel of land described in the deed from Onorato
Chiczza to San Pablo Sanitary District, dated June 22, 1953, recorded
July 17, 1953, in book 2162 of Official Records, page 82; thence
along the exterior line of said Sanitary District parcel (2162 OR 8 2)
as follows: North 0° 11' west, 30 feet; north 58' 371 west, 300.24
feet and north 68° 051 west, 351.59 feet to the west line of said Lot
30 above referred to; thence north along said west line 176.43 feet
to the point .of beginning.
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