HomeMy WebLinkAboutRESOLUTIONS - 03141989 - 89-168 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
4 Condemnation of Property )
For Flood Control Purposes )
5 San Ramon Creek Bypass ) RESOLUTION OF NECESSITY
Walnut Creek Area ) NO. 89/168
6 ) (Code of Civ. Proc. S 1245. 230)
7 The Board of Supervisors of Contra Costa County,
8 California as ex-officio governing body of the Contra Costa
9 County Flood Control and Water Conservation District by vote of
10 two-thirds or more of its members, RESOLVES that:
11 Pursuant to West's Water Code, Appendix S 63-5 and
12 Deering's Water Code, Uncodified Acts, Acts 1656, S 5, Contra
13 Costa County Flood Control and Water Conservation District
14 intends to construct a flood control channel project, 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 eleven (11 )
18 parcels and is generally located in the Walnut Creek area. The
19 said property is more particularly described in Appendix "A" ,
20 attached hereto and incorporated herein by reference.
21 On February 23, 1989, notice of the District's
22- intention to adopt a resolution of necessity for the acquisition
23 by eminent domain of the property described in Appendix "A" was
24 sent to persons whose names appear on the last equalized County
25 Assessment Roll as the owners of said property. The notice
26 specified March 14, 1989 at 11:00 a.m. in the Board of
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1 Supervisors Chambers in the Administration Building, 651 Pine
2 Street, Martinez, California, as the time and place for the
3 hearing thereon.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard and
6 based upon the evidence presented to it, this Board finds,
7 determines and hereby declares the following:
8 1. The public interest and necessity require the
9 proposed project; and
10 2 . The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the least private injury; and
13 3 . The property described herein is necessary for the
14 proposed project; and
15 4 . The offer required by section 7267 .2 of the
16 Government Code was made to the owner or owners of record.
17 The District's counsel is hereby AUTHORIZED and
18 EMPOWERED:
19 To acquire in the name of the Contra Costa County Flood
20 Control and Water Conservation District, by condemnation, the
21 titles, easements and rights of way as set forth in Appendix
22- in and to said real property or interests therein, in accordance
23 with the provisions of eminent domain in the Code of Civil
24 Procedure and the Constitution of California.
25 To prepare and prosecute in the District's name such
26 proceedings in the proper court as are necessary for such
27 acquisition.
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1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3 permitting the District to take possession and use said real
4 property for said public uses and purposes .
5 PASSED and ADOPTED on March 14, 1989, by the following
6 vote:
7' AYES: Supervisors Powers , Fanden, McPeak and Torlakson
8 NOES: None
9 ABSENT: Supervisor Schroder
10 ABSTAIN: None
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12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Board of Supervisors of the Contra Costa
15 County, California, at a meeting of said Board on the date
16 indicated.
17 Dated: March 14, 1989
18 Phil Batchelor, Clerk of the
Board of Supervisors and
19 County Administrator
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By:
22 Deputy
23. cc: Public Works Department
Real Property Division
24 Auditor-Controller
County Counsel (certified copy)
25 County Administrator
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