HomeMy WebLinkAboutRESOLUTIONS - 05071996 - 96-227 1 THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF
2 CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
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5 Re: Condemnation of Property for flood RESOLUTION OF NECESSITY
Control Purposes Drainage Area 10 No. 96/ 227
6 Line G Improvements - Danville (C.C.P. Sec. 1245.230)
Area
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8 The Board of Supervisors of Contra Costa County, California, as ex -officio governing
9 body of the Contra Costa County Flood Control and Water Conservation District, by vote of
10 two-thirds or more of its members, RESOLVES THAT:
11 West's Water Code Appendix Section 63-5 and Deerings Water Code, Uncodified Acts,
12 Act 1656, Section 5, Contra Costa County Flood Control and Water Conservation District
13 needs to acquire certain interests in real property for the construction of a culvert replacement
14 project and related improvements in connection therewith.
15 The property to be acquired consists of two (2) parcels and is generally located in the
16 Danville area. The said property is more particularly described in Appendix "A", attached
17 hereto and incorporated herein by this reference.
18 On April 15, 1996, notice of the District's intention to adopt a resolution of necessity for
19 acquisition by eminent domain of the real property described in Appendix "A" was sent to
20 persons whose names appear on the last equalized County Assessment Roll as owners of
21 said property. The notice specified Tuesday, May 7, 1996 at 9:45 a.m. in the Board of
22 Supervisors Chambersin the Administration Building, 651 Pine Street, Martinez, California,
23 as the time and place for the hearing thereon.
24 The hearing was held at that time and place, and all interested parties were given an
25 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
26 determines and hereby declares the following:
27 1. The public interest and necessity require the proposed project; and
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1 2. The proposed project is planned and located in the manner which will be most
2 compatible with the greatest public good and the least private injury; and
3 3. The property described herein is necessary for the proposed project; and
4 4. The offer required by Section 7267.2 of the Government Code was made to the
5 owner or owners of record.
6 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
7 To acquire in the District's name, by condemnation, the titles, easements and rights of
8 way hereinafter described in and to said real property or interest(s) therein, in accordance with
9 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
10 California:
11 Parcel 1745.1 is to be acquired as a permanent drainage easement.
12 Parcel 1745.1T is to be acquired as a temporary construction easement.
13 To prepare and prosecute in the District's name such proceedings in the proper court
14 as are necessary for such acquisition;
15 To deposit the probable amount of compensation, based on an appraisal, and to apply
16 to said court for an order permitting the District to take possession and use said real property
17 for said public uses and purposes.
18 PASSED and ADOPTED on May 7, 1996, by the following vote:
19 AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
20 NOES: Non7e-
21 ABSENT: None
22 ABSTAIN:None
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1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
2 passed and adopted by the vote of two-thirds or more of the Board of supervisors of the
3 Contra Costa County, California, at a meeting of said Board on the date indicated above.
4 Dated: May 7, 1996
5 Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
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By: zj"
8 Deputy
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12 cc: Public Works Department
Real Property Division
13 Auditor-Controller
County Counsel (certified copy)
14 County Administrator
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16 H1DFOTrZRIEMSLAZANV-RN.WPD
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