HomeMy WebLinkAboutMINUTES - 07251989 - T.3 T.3a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 25, 1989 by the following vote:
AYES: Supervisors Schroder, McPeak, and Torlakson
NOES: None
ABSENT: Supervisors Powers and Fanden
ABSTAIN: None
SUBJECT: Land Use and Transportation Planning for the Contra Costa
County Byron Airport area
The Board this day adopted Resolution 89/507 authorizing
eminent domain proceedings for the acquisition of certain real
property needed for the development of the Contra Costa County Byron
Airport.
In connection with discussion of the above action,
Supervisor Torlakson suggested that it would be desirable to get a
report from the Airport Manager and the Airport Advisory Commission on
a detailed planning process for the area around the airport to be
included in the new County General Plan. He also suggested developing
a detailed program of working to attract the kind of businesses wanted
for a business park development around the airport and developing a
time schedule to achieve the different phases.
Supervisor Schroder commented that along with land use
around the airport, access to and from the airport and the
transportation configuration needs to be developed and he would like
the Airport Manager to work with the Community Development Department,
including its Transportation Division, to prepare a report so that the
Board can be assured that there is a plan underway relative to
transportation and land use.
IT IS BY THE BOARD ORDERED THAT the Public Works Director
and the Director of Community Development are requested to report to
the Board as soon as possible relative to land use and transportation
planning in the area surrounding the Contra Costa County Byron
Airport.
I hereby owft that this b a ow erd 0~am d
an actin taken and aft an ft mbtuba d 60
Board of btD� on dab aborta.
ATTESTED:
PHIL BAT ELDR, tha Board
of acrd Admlabirato/
By .Do"
cc: Public Works Director
Community Development
County Administrator
.. II T 3b
1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
2
3 Condemnation of Property )
For Public Airport Purposes )
4 Contra Costa County Byron Airport ) RESOLUTION OF NECESSITY
F.A.A. •- A. I.P. Project ) NO. 89/507
5 No. 3-06-008-02,3 ) (Code Civ. Proc. § 1245.230)
4724-4670 (6X5350, 5351) )
6 Byron Area
7
8 The Board of Supervisors of Contra Costa County,
9 California by vote of two-thirds or more of its members, .RESOLVES
10 that:
11 Pursuant to Government Code sections 25350. 5 and
12 26060(a ) , Contra Costa County intends to construct a public
13 airport, a public improvement, and, in connection therewith,
14 acquire interests in certain real property.
15 The property to be acquired consists of six parcels and
16 is generally located in the Byron area. The property is more
17 particularly described in Appendix "A" , attached hereto and
18 incorporated herein by reference.
19 On June 27, 1989 and June 30, 1989, a notice of the
20 County's intention to adopt a resolution of necessity for the
21 acquisition by eminent domain of the real property described in
22 Appendix "A" was sent to persons whose names appear on the last
23 equalized County Assessment Roll as owners of said property. The
24 notice specified July 25, 1989, at 11 :00 a .m. in the Board of
25 Supervisors Chambers in the Administration Building, 651 Pine
26 Street, Martinez, California, as the time and place for the
27 hearing thereon.
28
e.� LW
RESOLUTION NO . 89/507
Y
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and 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
g good and the least private injury; and _
10 3. The property described herein is necessary for the
11 proposed project; and
12 4. The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The County Counsel of this County is hereby AUTHORIZED
15 and EMPOWERED:
16 To acquire in the County's name, by condemnation, the
17 titles, easements and rights of way hereinafter described in and
18 to said real property or interest(s ) therein, in accordance with
19 the provisions for eminent domain in the Code of Civil Procedure
20 and the Constitution of California: Parcels 2, 3, 4, 5, 6 and 7
21 are to be acquired in fee title.
22 To prepare and prosecute in the County's name such
23 proceedings in the proper court as are necessary for such
24 acquisition.
25 To deposit the probable amount of compensation, based
26 on an appraisal, and to apply to said court for an order
27 permitting the County to take immediate possession and use said
28 real property for said public uses and purposes .
-2-
i
1 PASSED and ADOPTED on July 25, 1989 , by the following
2 vote:
3 AYES: Supervisors Powers, Schroder, McPeak and Torlakson
4 NOES: None
5 ABSENT: Supervisor Fanden
6 ABSTAIN: None
7
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 and regularly introduced, passed and adopted by the vote of two-
10 thirds or more of the Board of Supervisors of the Contra Costa
11 County, California, at a meeting of said Board on the date
12 indicated.
13 Dated: July 25, 1989
14 Phil Batchelor, Clerk of the
Board of Supervisors and
15 County Administrator
16 A
17 By:
18 Deputy
19 cc: Public Works Department
Real Property Division
20 Auditor-Controller
County Counsel (certified copy)
21 County Administrator
22
23
24
25
26
27
28 SLA-.da
da l mirpor t.res
-3-
6m
PARCEL TWO
DESCRIPTION :
All that real property situated in the unincorporated area of
the County of Contra Costa, State of California, described as
follows:
A portion of Section 15, Township 1 South, Range 3 East, Mount
Diablo Meridian which lies within Contra Costa County, State of
California, described as follows:
The South 1/2 of the Southwest 1/4 and the Southwest 1/4 of the
Southeast 1/4 of said Section 15 (T I Sr R 3 E, M. D. M. ) .
AP No. 002-200-001
MARIA L. COELHO
APPENDIX "A"
PARCELS THREE AND FOUR
DESCRIPTION:
All that real property situated in the un-incorporated area, County of Contra
Costa, State of California, described as follows:
PARCEL TNREF
The west 1/2 of the east 1/2 of Section 22, Township 1 South, Range 3 East,
Mount Diablo Rase and Meridian.
PARCEL FOUR
The East 1/2 of the Southeast 1/4 of Section 22 and the South 2/3 of the
Southeast 1/4 of the Northeast 1/4 of Section 22, Township 1 South, Range 3,
East, Mount Diablo Base and Meridian.
AP NO: 001-011-009
001-011-013
THELMA SOUZA
APPMWIX "A"
`r
PARCEL FIVE
DESCRIPTION:
All that real property situated in. the un-incorporated area, County of Contra
Costa, State of California, described as follows:
The Northwest 1/4 of Section 26, Township 1 South, Range 3 East, Mount Diablo Base
and Meridian.
EXCEPTING FRM PARCEL FIVE: The interest conveyed to Contra Costa County by
deed recorded February 8, 1902, Book 92, Deeds, page 388, over the vest Z5 feet
thereof.
AP NO: 001-031-013
LOUIS B. SOUZA, Jr. , Trustee
APPENDIX "A"
PARCEL SIX
Page 1
DESCRIPTION:
.All that real property situated in the un-incorporated area, County of Contra
Costa, State of California, described as follows:
The southwest 1/4 of Section 239 Township 1 South, Range 3 East, Mount Diablo
Base and Meridian.
Excepting Therefrom:
1. Rights reserved in the deed from Rate Dillon Winship, recorded December 16,
1911, Book 175, Deeds, page 161, as follows:
"All oil, petroleum, asphaltum, gas or any other mineral substance existing on
said premises, whether discovered or undiscovered, together with the right for
herself, her successors or assigns, or her agents for the period of twenty (20)
years from the date to enter upon said premises, and prospect for and or deve-
lop said oil, petroleum, asphaltum, gas or other mineral substances, and to
convey same over and from said premises, including all necessary rights of way
and other easements for wagon roads, pipe, telephone or telegraph lines, sites
for rigs, shops, power houses, employee dwellings, tanks or any and all struc-
tures necessary for the full development and marketing of said oil, petroleum,
asphaltum, gas or other mineral substances, either in crude or refined form".
"The party of the first part shall have the right to bore for and develop and
use sufficient water for said oil operations."
2. That parcel of land described in the deed to Contra Costa County, recorded
July 5, 1912 in Volume 181 of Deeds, at page 560, as follows:
"Beginning at the 1/4 section corner between Sections 22 and 23, T. 1 8. , R. 3
E. , M.D.M. , said point is in the center of County Road established June 11, 1872
in the petition of the R. H. Wight, at al, for a public road in Contra Costa
County; thence running N. 89' 40' E. 74.15 chains to station in westerly line of
County Road established Feb. 21, 1887, in the petition of J. Amos, at al, for
public road; thence running along the westerly line of said County Road S. 36
3/4' E. 63 links to station in said road being 50 feet South and at right angles
from the first described line; thence S. 89' 40' W. 74.52 chains to station in
County Road, in line between Sections 22 and 23 aforesaid; thence N.. 1/4' W. 50
feet into place of beginning, containing an area of 5.57 acres of land".
3. The triangular shaped parcel of land distributed to Bertha A. Hansen by
decree of distribution of the Estate of Ida Helena Bruns, dated August 21, 1933
(local court, Case No. 7988), a certified copy of which decree was recorded
August 21, 1933 in Volume 344 of Official Records, at page 273, described as
follows:
(Legal Description Continued)
APPENDIX 'A'
Page 2
(Legal Description Continued)
"Comeencing at a point in the easterly boundary line of the southwest one
quarter M of Section 23, Township 1 South, Range 3 East, M. D. B. & M. 33.94
feet northerly from the southeast corner of said quarter section; thence along
the said easterly boundary line of said quarter section south to the corner
thereof; thence at right angles and along the southerly boundary line of said
southwest quarter of Section 23, Township l South, Range 3 East, M. D. B. 6 M.
33.94 feet to a point; thence northerly to the point of beginning.
AP N0: 001-031-014
JOSEPHINE SOUZA, et al.'
APPENDIX W
PARCEL SEVEN
DESCRIPTION:
All that real property situated in the unincorporated area of
the County of Contra Costa, State of California, described as
follows:
A portion of that parcel of land described in deal:to Frank W. ml dem and
Nbrem Gutiemmm-recorded Jbly 26; 3.982 is Hoo1C.108W at:pegs 2.4• of. Official
FAcc=1s of Contra Cmta County, cal if'n niav lying- inthe Ent 1/2 of the:
Nartbeast V4 of Section 22, Tmavi ip L Souk. Raza' 3: Fast Mott Nablo
Meridian, described as fa]1ows:
ming ata paint on the east line at said Suction 22, 880 feet South of
the rj=tbeast comer at said Section 22, said.point-of opt baing at
the sa rMeast === of the parcel of land described in-thedeed from Anew
A. Jctamm to F.awst Webster, dated April. 6y 2885 ani recorded April 6, 1885
in volume 47 of- Deeds, at Page 153: -beet: ftsm said point of t,
south along the east line of Section 22, 880 feet to the north Lim of the
parcel of lard described in the deed: from Azo A. Jbbm= to Richard
Wilkes, dated .April 6', 1885 and reoar�de J. Apmil 6; 1885 is value 47 Deeds,
at page 155: tim= west along said north lana, 555. feet to tha westerly
Lim of the Nyr+o:r-B� n=gat ,on Company, right- of way dmscribed as
FOMMI in the instrument recorded Atvj=t 3; 1925 is Book 243 of Deeds at
page 378, records of C=nt=a Costa Cm mty and. tba Pb7nt of B9ginning of the
fallowing described Parcel of land: thence. ftva said. Point of Begin niM
almg said north line (47 D 255) west 765 feet: thenca north 880 feet to the
South line of said Webster parcel (47 0 153) ; thence east along said lim
765 feet to the westerly i-i of way lits oC tha said Baran-BStbm -
Ilrigation Cm parry (243 D 378) ; tm= slang said.line south 880 feet to the
said north line of the Wilkes parcel (47- Q 155) , the. Point of Beginning.
AP No. 001-011-011
FRANK W. CALDERA
NORENE GUTIERREZ
APPENDIX "A"
60�_ _