HomeMy WebLinkAboutRESOLUTIONS - 11091982 - 82/13291
2
;3
•i
5
,s
?
8
9
10
11
12
13
14
15
16
17
18
1.9
20
21
22
23
24
25
:~6
:~7
:~s
BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, CALIFORNIA
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
for Buchanan Field Airport, )
Clear_~one 19R,ADAP ) No. 82/1329
Project No. 6-06-0050-03, ) (C.C.P. §1245.230)
M.A.L.S Lighting System )
Concord Area )
Project No. 0841-4016-6X5320)
)
The Board of Supervisors of Contra Costa County, California, by
vote of two-thirds of more of its members, RESOLVES THAT:
Pursuant to Government Code §§25350.5 and 26020, the County of
Contra Costa intends to acquire certain clear zone avigation ease-
ments and construct an air navigational light facility, a public
improvement, and in connection therewith, acquire an interest in
certain real property.
The property to be acquired is generally located easterly of
Solano Way and in close proximity to the northeasterly corner of
Buchanan Field Airport, consisting of six parcels.
Said property is more particularly described in Appendix·~~
attached hereto and incorporated herein by this reference, and
said parcels are to be acquired as easements, as set forth in
Appendix ''A'~
On October 19, 1982, this Board passed a Resolution of
Intention to Adopt a Resolution of ;Necessity (Resolution No.
82/1257) for the acquisition by eminent domain of the property
described in Appendix "A", and fixing November 9, 1982 at 10:30
a.m. in its Chambers in the Administration Building, 651 Pine
Street, California, as the time and place for the hearing thereon.
The hearing was held at that time and place, and all
interested parties were heard, and upon the evidence presented to
RES0LUTI0 1·'. rio. 82/1329
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
it, this Board FINDS, DETERMINES and hereby DECLARES the
following:
1. The public interest and necessity require the proposed
projeet;
2. The proposed project is planned and located in the manner
which will be most compatible with the greatest public good and
the least private injury; and
3. The property described herein is necessary for the pro-
posed project.
The County Counsel of this County is hereby ·AUTHORIZED and
EMPOWERED:
To acquire in the County's name, by condemnation, the titles,
easements and rights-of-way hereinafter described in and to said
real property or interest(s) therein, in accordance with the pro-
visions of eminent domain in the Code of Civil Procedure and the
Constitution of the State of California: Parcels 5, 7, 13 and 14
are to be acquired as clear zone avigation easements; Parcel 13-A
is to be acquired as a permanent easement for an air navigational
light facility;
To prepare and prosecute in the County's name such proceedings
in the proper court as are necessary for such acquisitions; and
To deposit the probable amount of compensation, based on an
appraisal, and to apply to said court for an order permitting the
County to take immediate possession and use said real property for
said public uses and purposes.
Ill
Ill
Ill -2-
'i ;,/t.Jd), 9
!If -t
it:
.,
i
l
i
l
f -~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED and ADOPTED on November 9, 1982, by at least a two-thirds
vote of the Board of Supervisors of Contra Costa County.
AYES:
NOES:
Supervisors Falden, Schroder, Torlakson and McPeak
None
ABSENT: Supervisor Powers
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly introduced, passed, and adopted by the vote of two-
thirds or more of the Board of Supervisors of Contra Costa County,
California, at a meeting of said Board on the date indicated.
Dated: November 9, 1982'.
cc: Public Works Dept.
R/P Division
Auditor-Controller
J. R. OLSSON, County Clerk and
ex officio Clerk of the Board of
Supervisors of Contra Costa
County, California
By: (} ~
Deputy
County Counsel (certified copy)
-3-
1;../1~:;. 9
Appendix.· "A"
Buchanan Field Clear Zone
19R -M.A.L.S.
Parcel 5 -A clear zone avigation easement for the passage of aircraft over
the following described real property together with and including the right
to enter said airspac~ and the ground beneath and remove from said easement
area any encroachment or interference of any kind therein:
Portion of Lot 70 as said lot is shown on the map of Avon Acres, Unit
No. One, filed August 10, 1942 in Book 26 of Maps, at page 898, Records of Contra
Costa County, Californiaj lying in the Rancho Monte Del Diablo, described as
follows:
Beginning at the most northerly corner of said Lot 70 (26 MB 898}; thence,
from said point of beginning along the northwesterly line of said Lot 70 South
56° 46 1 02" West, 60.00 feet to the southwesterly line of the parcel of land
described in the deed to Carole A. Whitlow, recorded December 28, 1973 in Book
7122 of Official Records, at page 796, Records of said County; thence, along
said southwesterly line South 33° 13' 58" East, 33.62 feet; thence, North 330
00' 33" East 65.56 feet to the northeasterly line of said Lot 70 (26 MB 898);
thence along said northeasterly line North 33° 13' 58" West, 7.21 feet to the
point of beginning.
The location and airspace easement area of Parcel 5 are further described
following .the description of Parcel 14 herein.
Reiirvin~ from Parcel 5, the right of the underlying fee title owner to
maintain the existing ground and fence encroachments into the easement area
hereinbefore described as said encroachments existed on September 1, 1982.
Parcel 7 -A clear zone avigation easement for the passage of aircraft over
the following described real property together with and including the right
to enter said airspace and the ground beneath and remove from said easement
area any encroachment or interference of any kind therein:
Portion of Lot 2, as said lot is shown on the map of Hillcrest Terrace
-Unit No. 1, filed February 26, 1952 in Book 45 of Maps, at page 45, Records
of Contra Costa County, ca·lifornia, lying in the Rancho Monte Del Oiablo, described
as follows:
All of that portion of said Lot 2 (45 MB 45} lying northwesterly of the
following described line:
Beginning on the southwesterly line of said Lot 2, distant thereon South
33° 13' 58" East, 81.99 feet from the most northerly corner of said Lot 2; thence,
from said point of beginning North 33° 00' 33" East, 54.63 feet to the northeasterly
line of said Lot 2.
The location and airspace easement area of Parcel 7 are further described
following the description of Parcel 14 herein.
1
t~//Jd.9
...
Parcel 13 -A clear zone avi~ation easement for the passage of aircraft over
the following described real property together with and including the right
to enter said airspace and the ground beneath and remove from said easement
area any encroachment or interference of any kind therein:
Portion of the right of way of the Southern Pacific Railroad Company, San
Ramon Branch, lying in tbe Rancho Monte Del Diablo, Contra Costa County, California,
described as follows:
All of the said Southern Pacific Rai l road Company right of way lying southerly
of the southerly right of way for State Highway 4 (Arnold Industrial Highway)
as said State right of way is describe in part "4" in the joint deed between
the Southern Pacific Railroad Company and the State of California recorded February
21, 1955 in Book 2480 of Officia l Records at page 327, records of said County,
and lying northerly of the following described line:
Commencing at the most westerly corner of Lot 71 as said Lot is shown on
the map entitled "AVON ACRES -UNIT NO. ONE" filed August 10, 1942 in Book 26
of Maps at page 898; thence, from said point of co1T1Tiencement along the southwesterly
line of said Lot 71, South 33° 13' 58" East 22.64 feet to the point of beginning
of the following described line; thence, from said Point of Beginning South
33° 00' 33" West to the wester l y line of the said Southern Pacific Railroad
Company right of way.
The location and airspace easement area of Parcel 13 are further described
following the description of Parcel 14 herein.
Reserving from Parcel 13, the right of the underlying fee title owner to
maintain moving railroad transportation uses within an area of 23 feet above
the railroad tracks that exist as of September 1, 1982.
Parcel 13-A -An easement fer the installation and maintenance of air navigational
light facilities described as follows:
Portion of tlhe strip of land, 100 feet wide, described in the deed to the Southern
Pacific Railroad Company, a corporation, recorded July 17, 1891 in Book 60 of
Deeds, at page 205, Records of Contra Costa County, California, lying.in the
Rancho Monte Del Diablo, described as fol l ows:
Commencing on the centerline of said strip of land, 100 feet wide (60 D
205) at Mile Post 41.0 (Station 153 + 81.4) as shown on the State Board of
Equalization Map No. 872-7-40A; thence, from said point of conmencement North
86° 04' 09" West 50.00 feet to the westerly line of said strip of land, 100
feet wide {60 D 205) from which a radial line of a non-tangent curve to the
right, having a radius of 1196.01 feet, bears South 86° 04' 09 11 East; thence,
northerly along said curve, through a central angle of 1° 06' 36", an arc distance
of 23.17 feet; thence northerly along a compound curve to the right, having
a radius of 1323.32 feet, through a central angle of 1° 21 1 00", an arc distance
of 31.18 feet, thence northerly along a compound curve to the right, having
a radius of 1482.47 feet, through a central angle of o0 18' 04", an arc distance
of 7. 79 feet to the True Point of Beginning of the hereinafter described parcel
of 1 and; thence, from said True Point of Beginning, continuing along said curve,
2
t-./lJ,;.9
f ••• ,..
through a central angle of o0 24' 19", an arc distance of 10.49 feet; thence,
leaving said westerly line South 65° 31' 18" East, 19.53 feet; thence, South
24° 28' 42" West, 10.00 feet; thence, North 65° 31' 18" West, 16.36 feet to
the True Point of Beginning.
Parcel 14 -A clear zone avigation ~asement for the passage of aircraft over
the following describ_ed real property together with and including the right
to enter said airspace and the ground beneath and remove from said easement
area any encroachment or interference of any kind therein:
Parcel A as said parcel is shown on the Parcel Map f i led June 24, 1976,
in Book 46 of Parcel Maps, at page 5, Records of said County.
The location and airspace easement area of Parcel 14 are further described
hereinafter.
Paree ls 511 7, 13 and 14 hereinabove described lie within the northeasterly
clear zone approach area of the Southwest-Northeast runway, designated as Runway
1L-19R at Buchanan Field Airport, Concord, California, said northeasterly clear
zone approach area being described as an area trapezoidal in form located at
the Northeasterly end of said Southwest-Northeast runway which area extends
outwardly 2,500 feet from a line that is at right angles to the extended centerline
of said runway and 200 feet from the Northeasterly end thereof and which area
is 1,000 feet wide at is inner end and 1,750 feet wide at its outer end and
whose axis coincides with the extended centerline of said runway. Said Northeasterly
clear zone approach area is more particularly delineated on said Exhibit 11 B"
attached hereto and on the Buchanan Field Airport Layout Plan adopted by the
Board of Supervisors of said County on August 8, 1974 on file in the office
of the County Airport Manager of Contra Costa County.
Parcels 5:~ 7, 13 and 14 are further described as that airspace located
above the northeasterly clear zone approach surface, being a trapezoidal plane
with a slope of 50 to 1 (one foot elevation for each fifty feet of horizontal
distance) located directly above the Northeasterly clear zone approach area,
hereinabove described, which inclined plane has an elevation of 19.0 feet above
mean sea level at its inner and lower edge along line AB, as shown on Exhibit
"B", and an elevation of 69.0 feet above mean sea level at its outer and upper
edge along l i ne CD, as shown on said Exhibit "B".
3
,~/1.3,;. 9
, ... , ...... , ..
I
I
I
I
a.1 .;;..s:. .. 00 .; ••••.
: --
' I
I
~ ...
<:) /
I
~"/ «.' /
I
I
/
I
I
I
I
I
I
I
<:..·
I
I
I
I
-----------·--··--··--·----···--·-------------"--------------
,{
, I
/ \
/ ' I \
,,,'
/ti \ , I
' I I
/ ' ' ' I I / I I
I \ \
/ ' '
, ,
1' \ I
, I I
/ I I
/ " ' ' L\"'i~... I I
/ c,0'' \ I
I
I
i
, ,
\ p~R CE\.
: 9A
pr,.RCE\..\
9 \-
' ' '
,
,
/
/
,
; ' . ' ' \ -1\ •
\~
\ ':.
I 19
E 0
\ c I
.........
. <: I I f1l.
I ::n I
I J>' I
I ~I o\)~"'i'< I J>'\ C . ' o,
\ ""\
\ ~\
\ \ / \ .. _ ....
I
" ..,.,,,,.
..,..---" ................
EXH/8/1
'B'