HomeMy WebLinkAboutRESOLUTIONS - 03311987 - 87-177 t T. 2
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 )
4 San Pablo Creek, U.S. ) RESOLUTION OF NECESSITY
Army Corps . of Engineers ) NO. 87/177
5 Project , Richmond Area . )
Project No. 7527-6X8632 ) (C.C.P. Sec . 1245. 230)
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7 The Board of Supervisors of Contra Costa County, California ,
8 as ex-officio governing body of the Contra Costa County Flood
g Control and Water Conservation District by vote of two-thirds or
10 more of its members , RESOLVES that :
11 Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s
12 Water Code , Uncodified Acts . Act 1656 , S 5 , Contra Costa County
13 Flood Control and Water Conservation District intends to construct
14 a flood control channel , a public improvement , for flood control
15 purposes , and , in connection therewith , acquire interests in cer-
16 tain real property.
17 The property to be acquired consists of three (3) parcels
18 within the proposed site of the San Pablo Creek, U.S. Army Corps .
19 of Engineers project , and is generally located in the Richmond
20 area , south of Parr Boulevard and east of Garden Tract Road . The
21 said property is more particularly described in Appendix "A" ,
22 attached hereto and incorporated herein by this reference .
23 On May 18 , 1982 , this Board by resolution certified completion
24 of the final environmental impact report for the San Pablo Creek
25 project , including acquisition of the property described in
26 Appendix "A" attached hereto , thus complying with the requirements
27 of the California Environmental Quality Act (Public Resources Code
28 SS 21000-21177 ) .
RESOLUTION NO. -'87/177. `
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1 On March 10, 1987 , this Board passed a resolution of intention
2 to adopt a resolution of necessity for the acquisition by eminent
3 domain of the property described in Appendix "A" (Resolution No.
4 87/134) and set 10 :30 a .m. , March 31 , 1987 , in its Chambers in the
5 Administration Building, 651 Pine Street , Martinez, California , as
6 the time and place for the hearing thereon .
7 The hearing was held at that time and place , and all
8 interested parties were given an opportunity to be heard and based
9 upon the evidence presented to it , this Board finds , determines
10 and hereby declares the following:
11 1 . The public interest and necessity require the proposed
12 project ; and
13 2 . The proposed project is planned and located in the manner
14 which will be most compatible with the greatest public good and
15 the lest private injury; and
16 3. The property described herein is necessary for the pro-
17 posed project ; and
18 4 . The offer required by Section 7267 . 2 of the Government
19 Code was made to the owner or owners of record .
20 The County Counsel of this County is hereby AUTHORIZED AND
21 EMPOWERED:
22 To acquire in the District ' s name , by condemnation , the titles ,
23 easements and rights of way hereinafter described, in and to said
24 real property or interests therein , in accordance with the provi-
25 sions for eminent domain in the Code of Civil Procedure and the
26 Constitution of California: Parcels One and Two are to be
27 acquired in fee title; Parcel Three is to be acquired as a tem-
28 porary construction easement which shall expire upon the comple-
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1 tion of construction of said project or December 31 , 1988 ,
2 whichever shall occur first ;
3 To prepare and prosecute in the District ' s name such pro-
4 ceedings in the proper court as are necessary for such
5 acquisition;
6 To deposit the probable amount of compensation , based on an
7 appraisal , and to apply to said court for an order permitting the
8 District to take immediate possession and use said real property
9 for said public uses and purposes .
10 PASSED and ADOPTED on March 31 , 1987 , by the following vote:
11 AYES : Supervisors Fanden , Schroder , Torlakson and McPeak
12 NOES : None
13 ABSENT: Supervisor Powers
14 I HEREBY CERTIFY that the foregoing resolution was duly and
15 regularly introduced , passed and adopted by the vote of two-thirds
16 or more of the Board of Supervisors of Contra Costa County,
17 California , as ex officio governing body of the Contra Costa
18 County Flood Control and Water Conservation District at a meeting
19 of said Board on the date indicated .
20 Dated: March 31 , 1987
Phil Batchelor , Clerk of the
21 Board of Supervisors and County
Administrator
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23 By� ____ ,__
Deputy
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cc: Public Works Department ,
25 Real Property Division
Auditor-Controller
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