HomeMy WebLinkAboutRESOLUTIONS - 05101994 - 94-267 11 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 ) RESOLUTION OF NECESSITY
For Flood Control Purposes ) NO. 94/267
4 Drainage Area 10, Line G ) (Code of Civ. Proc. § 1245 . 230 )
Danville Area )
5 )
6 The Board of Supervisors of Contra Costa County,
7 California as ex-officio governing body of the Contra Costa County
8 Flood Control and Water Conservation District, by vote of two-
9 thirds or more of its members, RESOLVES that:
10 Pursuant to West's Water Code, Appendix § 63-5 and
11 Deering' s Water Code, Uncodified Acts, Acts 1656 , § 5, Contra Costa
12 County Flood Control and Water Conservation District intends to
13 construct a culvert replacement project, inlet and outlet
14 structures and related flood control facilities, a public
15 improvement for flood control purposes , and in connection
161 therewith, acquire interests in certain real property.
17 The property to be acquired consists of one parcel and is
18 generally located in the Danville area . The said property is more
19 particularly described in Appendix "A" , attached hereto and
20 incorporated herein by reference.
21 On April 18, 1994, notice of the District' s intention to
22 adopt a resolution of necessity for the acquisition by eminent
23 domain of the property described in Appendix "A" was sent to the
24 persons whose names appear on the last equalized County Assessment
25 Roll as the owners of said property. The notice specified Tuesday,
26 May 10, 1994 , at 11 : 00 a .m. , in the Board of Supervisors Chambers
27 in the Administration Building, 651 Pine Street, Martinez,
28 California, as the time and place for the hearing thereon.
RESOLUTION NO. 94/267
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I The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and based
3 upon the evidence presented to it, this Board finds, determines and
4 hereby declares the following:
5 1 . The public interest and necessity require the
6 proposed project; and
7 2 . The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public good
9 and the least private injury; and I*
10 3 . The property described herein is necessary for the
11 proposed project; and
121 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The District' s counsel is hereby AUTHORIZED and
15 EMPOWERED:
16 To acquire in the name of the Contra Costa County Flood
17 Control and Water Conservation District, by condemnation, the
18 titles , easements and rights of way as set forth in Appendix "A" ,
19 in and to said real property or interests therein, in accordance
20 with the provisions of eminent domain in the Code of Civil
21 Procedure and the Constitution of California: Parcel 1744 is to be
22 acquired as a permanent easement .
23 To prepare and prosecute in the District' s name such
24 proceedings in the proper court as are necessary for such
25 acquisition.
26 To deposit the probable amount of compensation, based on
27 an appraisal, and to apply to said court for an order permitting
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RESOLUTION NO. 94/267
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1 the District to take possession and use said real property for said
2 public uses and purposes .
3 PASSED and ADOPTED on May 10, 1994 , by the following
4 vote:
5 AYES : Supervisors Smith, DeSulnier, Torlakson and Bishop
6 NOES : None
7 ABSENT: Supervisor Powers
8 ABSTAIN: None
9 I HEREBY CERTIFY that the foregoing resolution was duly
10 and regularly introduced, passed and adopted by the vote of two-
11 thirds or more of the Board of Supervisors of the Contra Costa
12 County, California, at a meeting of said Board on the date
13 indicated .
14 Dated: May 10, 1994 Phil Batchelor, Clerk of the
Board of Supervisors and County
15 Administrator
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17 By:
Deputy)
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19 cc: Public Works Department
Real Property Division
20 Auditor-Controller
County Counsel (certified copy)
211 County Administrator
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24 df11(5):b1ake.ron
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RESOLUTION NO. 94/267
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