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HomeMy WebLinkAboutRESOLUTIONS - 07251989 - 89-507 u r. 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. 4 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 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 9 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, 31 41 51 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- 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 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 SIA-.da dalmirperc.res -3- 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 151 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 THREF The west 1/2 of the east 1/2 of Section 22, Township 1 South, Range 3 East, Mount Diablo Base 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 TH L1A SOUZA APPENDIX "A" v 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 114 of Section 269 Township L South, Range 3 East, Mount Diablo Base •ud Meridian. %XCEPTING FRM PARCEL FIVE: The interest conveyed to Contra Costa County by deed recorded February 8, 1902, Book 92, Deeds, page 388, over the vast 25 feet thereof. AP NO: 001-031-013 LOUIS B. SOUZA, Jr. , Trustee APPENDIX 'A' is PARCEL SIX Page 1 DESCRIPTION: A11 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 23, 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." Z. 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. R. Wight, et al, for a public road in Contra Costa County; thence running N. 89' 401 E. 74.15 chains to station in westerly line of County Road established Feb. Z19 1887, in the petition of J. Amos, et 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 Z1, 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) "Cosm+encing at a point in the easterly boundary line of the southwest one quarter M of Section M. 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. & M. 33.94 feet to a point; thence northerly to the point of beginning. AP N0: 001-031-014 JOSEPHINE SOUZA, et al.' APPENDIX 'A' L 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 lard described In darn to Ptank W. chldera and Norma Gutierrez reoor<led JU1y 26; 1982 in Book 10866 at page 14• at Official al li==ds of CMtra Omt3 Qmnty, CLUE *„iar lying- in- the M%st 3,/2 a2 the Northeast 1,/4 of Section 22-, Tmnbip 1 South,. Rm= 3: Fhst Norah IIiab�lo Leri Ai an r described as follows: ammer ing at. a point an the east line of said S4ctiat 22, 880 feet south of the northeast cower of said. Section 22 r said.point of: t baiaxg at the southeast ommer of the parcel of lard described ia-tbs.deed frim Andrew A. Jchnson. to Ernst Webster, dated April 6, 1885 and.rectar]e 1 April c 3885 in Value 47 of. Deeds, at page 153; that 1. 1 frrvw said point of south alcaq tbs east Line of Sectim 22 r 880-feat to the north Line of the parcel cf lard described in the doer. fraa Arm X. Jdmm to Ridmrd Willkes r dated April 6F 1885 and reoarr4 4 ApriL- 6; 1885 in Volume 47 Deader at page 155; tbenoe west alanq said north line, 555. feet to the wes*=ly line of the Byron-Bethany 11xi.gaticn Cmpany right. of way described as PM= in tbs twtrum it recorded A vy=t 3; 1915 ia- Book 243 of Deeds at P198 378t records of'.C>tTt= Costa Cxusutyy aid the Point of Begitning of the fo.Llowinq described parcel of land; the wm firm said. Point of Ba4zzdmg a1=9 said north line (47 D 155) west 765 feet; tbenoa north 880 feet to the south line of said Webster pastel (47 R 153) ; thence- east along said line 765 feet to the: westerly rd o t of wray lire af' the said Byrtai-Butbzin 2trigat:ion C *=T (243 D 378) ; the= along said.line south 880 feet to tbs said naRrth line of the Wilkes parcel (4T D 155) , the Point of Begin. AP No. 001-011-011 FRANK W. CALDERA NORENE GUTIERREZ APPENDIX "A"