HomeMy WebLinkAboutRESOLUTIONS - 06231987 - 87-396 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 Project #7520-6B 8637 ) RESOLUTION OF NECESSITY
San Ramon Creek Bypass )
5 Walnut Creek area ) NO. 87/396
(C.C.P. Sec . 1245 . 230)
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The Board of Supervisors of Contra Costa County, California ,
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as ex-officio governing body of the Contra Costa County Flood
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Control and Water Conservation District by vote of two-thirds or
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more of its members , RESOLVES that :
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Pursuant to West ' s Water Code , Appendix S 63-5 and Deering' s
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Water Code , Uncodified Acts . Act 1656 , 5 5 , 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 , for flood control
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purposes , and, in connection therewith , acquire interests in ce_ r-
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tain real property.
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The property to be acquired consists of five ( 5) parcels and
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is generally located in the Walnut Creek area. Said property
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is more particularly described in Appendix "A" , attached hereto
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and incorporated herein by reference.
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On June 2 , 1987 , this 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" (Resolution No.
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87/321) and fixing 10 :30 a.m. June 23 , 1987 , in its Chambers in the
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Administration Building, 651 Pine Street , Martinez, California, as
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the time and place for the hearing thereon.
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The hearing was held at that time and place , and all
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interested parties were given an opportunity to be heard. Based
RESOLUTION NO. 87/396
1 Administration Building, 651 Pine Street , Martinez, California, as
2 the time and place for the hearing thereon.
3 The hearing was held at that time and place , and all
4 interested parties were given an opportunity to be heard. Based
5 upon the evidence presented to it , this Board finds , determines
6 and hereby declares the following:
7 1 . The public interest and necessity require the proposed
8 project ; and
9 2 . The proposed project is planned and located in the manner
10 which will be most. compatible with the greatest public good and
11 the least private injury; and
12 3. The property described herein is necessary for the pro-
13 posed project ; and
14 4• The offer required by Section 7267 . 2 of the Government
15 Code was made to the owner or owners of record.
16 The County Counsel of this County is hereby AUTHORIZED and
17 EMPOWERED.
18 To acquire in the District ' s name , by condemnation , the
lg titles , easements and rights of way hereinafter described, in and
20 to said real property or interests therein , in accordance with the
21 provisions for eminent domain in the Code of Civil Procedure and
22 the Constitution of California:
23 To prepare and prosecute in the District ' s name such pro-
24 ceedings in the proper court as are necessary for such
25 acquisition;
26 To deposit the probable amount of compensation , based on an
27 appraisal , and to apply to said court for an order permitting the
28 District to take immediate possession and use said real property
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1 PASSED and ADOPTED on June 23 , 1987 , by the following vote :
2 AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
3 NOES : None
4 ABSENT: Supervisor Powers
5 I HEREBY CERTIFY that the foregoing resolution was duly and
6 regularly introduced , passed and adopted by the vote of two-thirds
7 or more of the Board of Supervisors of Contra Costa County,
8 California , at a meeting of said Board on the date indicated.
9 Dated: July 23 , 1987
Phil Batchelor , Clerk of the
10 Board of Supervisors and County
Administrator
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12 By: - �- - --------
Deputy
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cc : Public Works Department ,
14 Real Property Division
Auditor-Controller
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28 RESOLUTION NO. 86/-?q4
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