HomeMy WebLinkAboutRESOLUTIONS - 06071988 - 88-325 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
4 Condemnation of Property )
For Flood Control Purposes,
5 Drainage Area 29C )
Line H ) RESOLUTION OF NECESSITY
6 Oakley Area ) NO. 88/ 325
(Code Civ. Proc. S 1245.230)
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8 The Board of Supervisors of Contra Costa County, California as ex-
9 officio governing body of the Contra Costa County Flood Control and Water
10 Conservation District by vote of two-thirds or more of its members, RESOLVES
11 that:
12 Pursuant to West's Water Code, Appendix S 63-5 and Deering's Water
13 Code, Uncodified Acts, Acts 1656, S 5, Contra Costa County Flood Control and
14 Water Conservation District intends to construct a storm drain system, a public
15 improvement for flood control purposes, and, in connection therewith, acquire
16 interests in certain real property.
17 The property to be acquired consists of 3 parcels and is generally
18 located in the Oakley area. The said property is more particularly described in
19 Appendix "A", attached hereto and incorporated herein by reference.
20 On May 17, 1988, this Board passed a resolution of intention to adopt a
21 resolution of necessity for the acquisition by eminent domain of the property
22 described in Appendix "A" (Resolution No. 88/283) and fixing 10:30 a.m., June 7,
23 1988, in its Chambers in the Administration Building, 651 Pine Street, Martinez,
24 California, as the time and place for the hearing thereon.
25 The hearing was held at that time and place, and all interested parties
26 were given an opportunity to be heard and based upon the evidence presented to
27 it, this Board finds, determines and hereby declares the following:
28 1. The public interest and necessity require the proposed project; and
RESOLUTION NO. 88/325
1 2. The proposed project is planned and located in the manner which
2 will be most compatible with the greatest public good and the least private
3 injury; and
4 3. The property described herein is necessary for the proposed pro-
5 ject; and
6 4. The offer required by Section 7267.2 of the Government Code was
7 made to the owner or owners of record.
8 The County Counsel of this County, or any Counsel associated by him, is
9 hereby AUTHORIZED and EMPOWERED:
10 To acquire in the name of the Contra Costa County Flood Control and
11 Water Conservation District, by condemnation, the titles, easements and rights
12 of way as set forth in Appendix "A", in and to said real property or interests
13 therein, in accordance with the provisions for eminent domain in the Code of
14 Civil Procedure and the Constitution of California.
15 To prepare and prosecute in the District's name such proceedings in the
16 proper court as are necessary for such acquisition..
17 To deposit the probable amount of compensation, based on an appraisal,
18 and to apply to said court for an order permitting the District to take imme-
19 diate possession and use said real property for said public uses and purposes.
20 PASSED and ADOPTED on June 7, 1988, by the following vote:
21 AYES: Supervisors Powers , Fanden, McPeak, Torlakson $ Schroder
22 NOES: None
23 ABSENT: None
24 ABSTAIN: None
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1 I HEREBY CERTIFY that the foregoing resolution was duly and regularly
2 introduced, passed and adopted by the vote of two-thirds or more of the Board of
3 Supervisors of the Contra Costa County, California, at a meeting of said Board
4 on the date indicated.
5 Dated: June 7 , 1988
6 Phil Batchelor, Clerk of the
Board of Supervisors and
7 County Administrator
8 f�
9 Deputy
10 cc: Public Works Department,
Real Property Division
11 Auditor-Controller
County Counsel (Certified Copy)
12 County Administrator
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ERAINAGE AREA 29C
LIM H
PAROLS 1540, 1540T & 1541T
APPENDIX "A"
PARCEL 3.540 (PERMANENT EASEMENT)
A non-exclusive easement for storm drain purposes described as follows:
A portion of the north 1/2 of the southwest 1/4 of Section 23, Township 2 north, range
2 east, Mount Diablo Meridian, County of Contra Costa, State of California being a
strip of land 15.00 feet in width the centerline of which is described as follows:
Beginning at the southwesterly terminus of the centerline of the 15.00 feet in width
storm drain easement lying within parcel "B" as shown on the map of subdivision 6452
filed April 7, 1987 in Book 311 of Maps at Page 41 Records of said County; said point
of beginning shall hereinafter be referred to as point "A" and is further described as
bearing south 660 21' 30" east 490.36 feet from the most westerly corner of said
parcel "B" (311 M 41) ; thence leaving said point "A", the point of beginning, across
the Atchison Topeka and Santa Fe Railroad right of way south 210 37' 45" west 100.06
feet to a point on the southwesterly line of said right of way, said point shall
hereinafter be referred to as point "B" and is the southwesterly terminus of the
herein described strip of land.
Containing an area of 1,501 square feet of land more or less.
PANG 1540T (TEMRARY OWS RUCTION EASEM U)
Tb expire upon ccnpletion of construction or December 31, 1988, whichever occurs
first, over the following described lands.
A strip of land 15.00 feet in width measured at right angles lying northeasterly of
and immediately adjacent to the following described line:
Beginning at a point on the southwesterly line of said Atchison, Topeka and Santa Fe
Railroad right of way, said point of beginning bears south 660 210 30" east 20.00 feet
from point "B" as said point is described above in parcel 1540; thence leaving said
point of beginning along said southwesterly line north 660 21' 30" west 1490:01 feet
to a point on the west line of Section 23 the northwesterly terminus of the herein
described line.
Containing an area of 0.514 acre of land, more or less.
PARCEL z41T (TEmPoRARY CONsTRucI'ION EASEmEar)
To expire upon oompletion of construction or December 31, 1988, whichever occurs
first, over the following described lands.
A portion of the north 1/2 of the southwest 1/4 of Section 23, Township 2 north, range
2 east, Mount Diablo Meridian, County of Contra costa, State of California, further
described as follows:
Commencing at the northerly corner of parcel two as said parcel is described in the
deed to William Condon, et ux recorded August 20, 1964 in Book 4686 of Official
Records at Page 396 Records of said County; thence leaving said point of commencement
along the northeasterly line of said parcel (4686 o.R. 396) south 660 21' 30" east
380.70 feet to the true point of beginning for the herein described parcel of land;
thence leaving said true point of beginning continuing along said northeasterly line,
south 660 21" 30" east 40.00 feet; thence leaving said line south 230 38' 3011 west
40.00 feet; thence north 660 21' 30" west 40.00 feet; thence north 230 38' 3011 east
40.00 feet to the point of beginning-
Containing an area of 1600 square feet of land more or less.
KM:rs
EX:da29c
(4/26/88)