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Home My WebLink About03-128~~~ O~ •S U r~,•~i~ :. *: ' :*: + =~. : • ~ i ~~ ~ f ~i + BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA ~esolufian No. 0~-12~ RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN. FOR PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION (CODE OF CIVIL PROCEDURE ~1245Z30(a)), OROVILLE-QUINCY FH-119 HIGH1~'AY PROJECT; PROJECT NO. CA PFH 119-2(3), PARCEL N0.061-330-008. The Butte County Board of Supel~~isors, by vote oftwo-thirds or more of its members, FINDS, DETERM[NES, DECLARES, AND RESOLVES that: 1. County of Qutte and the Federal Highway Adminishation, intends to reconstruct the Oroville-Quincy FH-1 1$ Highway. The "project", a public use, and, in connection therewith, acquire interests in certain real property, Said project is for a public use which is a function of the County of Butte. 2. County of Butte is authorized to acquire the property shown in Exhibit A and described in Exhibit B herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the Califon~ia Eminent Domain Law, Code of Civil Procedure ~ 1230.010 et seq. and pursuant to Government Code~~'?_5350.5; St<~eets and Highways Code 5943 and Code of Civil Procedure~~' 1240.410 (uneconomic remnant). 3. The properly to be acquired is more particularly shown in Exhibit A and described in Exhibit B, attached hereto and incorporated herein by reference together thereof. 4. Gn July 25, 2003, there was mailed a Notice of Hearing on the Intent of the Butte County Board of Supervisors to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property shown in Exhibit A and described in Exhibit B herein, which Notice of Hearing is accompanies the Resolution of Necessity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose dames appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit B, and to the address appearing on said Roll. Said Notice of Heating advised said persons of their right to be heard on the matters referred to therein on the date atld at the time and place stated therein. 5. The hearing referenced in said Notice of Hearing was held on 12 August, 2003 at the time and place stated therein, and all interested parties were given an oppor-tutlity to be heard. The hearing was closed. 6. Based upon the evidence presented, the Butte County Board of Supervisors vote oftwo-thirds or more of its members, further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following: a. Tl1e public interest and necessity require the proposed project. b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the ]east private injury. c. The property shown in Exhibit A and described herein in Exhibit B is necessary for the proposed project. d. A portion of the property to be acquired is a remnant and, although a necessary component of the project itself, is also being acquired pursuant to Code of Civil Procedure § 1240.410 e. The ofter required by §72b7.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statementlsummaiy were in a form and contained all the factual disclosures provided by Government Code ~7267.2(a). f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Albert, are hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of Qutte County, by condemnation, the property described in Exhibit B, attached hereto and incorporated herein by this reference in accordance with the provisions of the California Eminent Domain Law and the Constitution of Califon~ia; b. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit B, herein; c. To prepare or have prepared and to prosecute in the name of the County of Butte such proceedings in the proper court as are necessary for such acquisition; d. To deposit the probable amount of compensation, based on an appraisal, and to apply to said court for an order permitting the County of Butte to take immediate possession and use of said property for said public uses and purposes. PASSED AND ADOPTED by the Board of Sulaeivisors of the County of Butte, State of California, this 12th day oI' August , 2003, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None ~~~~ , R. J. Beeler, Chair, Board of Supervisors County of Butte, State of California ATTEST: PAUL E. McINTOSH Chief Administrative Officer and Clerk of the Board of Supervisors ,~ CIerI~~~Deputy EXHIBIT A ~S~ x`~, N } , -' .. ,~'' G~Jy Op d X ~~ R ~ /` OS~x ~~ I ~ ~J ~P l Off; F oy~ g ~ ~\ /, ~ ~~~~ ~~ \~'~'~' ~~~~ ~o~, ~,? / LEGEND ~''r ~ PROPERTY LINE --~~y~,-- EXISTING RIGHT OF WAY PROPOSED RIGr1T OF WAY EASE/L CONSTRUCTION EASEMENT LINE EDGE OF PAVEMENT ,/ ~ ~ NET ACQUISITION AREA c `~ r~y~ AREA TO BE EXCHANGE 00 9y \~ ~~~~ ~ oa f'' P 167 a2~~ ~ ' 061-330 -008-000 KWONG KEITH J & MELODY Z P~~~ 1999R0051881 `~ 1.9.27 ACS. PROPOSED AREA TO BE CROSS RfW AREA NET ACQUISITION AREA ABANDONED OR EXCHANGE EAS'tM'tNT AREA =0.455 HECTARE =0.441 HECTARE =0.276 HECTARE =0.064 HECTARE A, =1.124 ACRES =1.089 ACRES =0.682 ACRES =0.158 ACR~ ~~~ ~~ ~~ .s :.' -~ 927.672m(3043.54') RIOHT O~ WAY DRAWII~O O~PpRTMElyT~ ,.- ~~ T T ~ ANN: o~ 1 OOO-oo~ o° °o ORO QUIf~CY HWY - CA1 19 0 0 PAO ~ 1 O ~ 2 ocoU ~y° N ~ ALeCI~ ~/Vpfx~S k N P 16-7 061-330--008-000 KWONG KEI`I'I-I J & MELODY L N 1998 -19721 ~, 19.27 ACS. ~' N o " s 0 N `~,~ E ROW .- E/ROW N y/ u ~,/` ~' CJ . , ..,,' N 1 ,„t,..- _ .. ~~ ~;1 rs~'" __'.__"_ . 'Pl~~~ _ EjROW _. ~. ~' /ROW ~_-~ SSE j ` ~ ~/-----~__,_=-v---- . ~~ ~ N ~,.r LEGEND PROPERTY LINE --~~yy- - EXISTING RIGHT OF WAY ~ PROPOSED RIGHT OF WAY EASc jL CONSTRUCTION EASEMENT LINE EDGE OF PAVEMENT f NET ACQUISITION AREA AREA TO BE EXCHANGE P 16-7 061-330-008-000 KWONG KEITH J & MELODY L 199980051681 19.27 ACS. ~-~ PROPOSED AREA TO BE CROSS RjW AREA NET ACQUISITION AREA ABANDONED OR EXCHANGE EASEMENT AREA =0.455 HECTARE =0.441 HECTARE =0.276 HECTARE =0.064 HECTARE =1.124 ACRES =1.089 ACRES =0.682 ACRES =0.158 ACRE N T^^E/vr ,- ti~U T rF~~ RIGHT OE WAY DRAWING a APN: 061 -3~0 OOg °° °° C~RO Q~~INCY HWY - CA1 19 ° U ° ° PACE 2 OE 2 ° CflU N'C-t 3 A~eLIC W0~,A5 EXHIBIT B Page 1 of 3 Parcel P16-7 December 02, 2002 RIGHT OF WAY TO BE ACQUIRED PARCEL NO. P16-7 Revised OWNER: Kwong, Keith J. & Melody L. From: Sta. 12+200 Tax Parcel: 061-330-008-000 To: Sta. 12+660 PROJECT NUMBER: CA PFH 119-2(3) PROJECT NAME: QUINCY-OROVILLE HIGHWAY IN: BUTTE COUNTY, CA A parcel of land within the Northeast One-Quarter of Section 5, Township 21 North, Range 6 East from. the Mount Diablo Base and Meridian in Butte County, California, being that portion of the parcel of land described in the deed recorded as 1999800516$1 in the Official Records, together with that portion of Parcel 4 as shown on a map filed in Book 59 of Parcel Maps at Page 29 described in the deed recorded as 1998819721 of Official Records, all records of said county, described as follows: Beginning at a point on the southerly line of said parcel of land from which the Center Quarter Corner of said Section 5, which is monumented by a 2'/z" brass cap "RCE 9365", bears South 89°00'36" West 996.21 feet (303.646 meters}; (1) Thence along said southerly line South 89°00'43" West 53.12 feet (16.191 meters) to a point on a portion of the northwesterly boundary of said parcel; (2) Thence along said northwesterly boundary North 39°34'44" East 79.60 feet (24.261 meters}; (3) Thence South 88°58'22" West 39.89 feet (12.158 meters) to a point on the existing northwesterly right-of--way of Project CA PFH 119-2(3); (4) Thence along said right-of--way North 39°49'00" East 36.49 feet (11.122 meters) to a point on anon-tangent circular curve concave northeasterly and having a radius of 100.00 feet (30.480 meters), a radial line of said curve from said point bears North 80°05'31 "East; (5) Thence leaving said existing northwesterly right-of--way line along said circular curve northwesterly 9.59 feet (2.923 meters) through a central angle of OS°29'41 "; (6) Thence non-tangent from said circular curve North 42°07'00" East 144.81 feet (44.137 meters); (7) Thence South 47°53'00" East 3.61 feet (1.099 meters) to a point on anon-tangent circular curve concave southeasterly and having a radius of 2230.00 feet (679.705 meters), said point being on said existing northwesterly right-of--way line, a radial line of said curve from said point bears South 47°31'35" East; Pagc 2 of 3 Parcel Pl6-? December t?2, 2002 (8) Thence along said existing northwesterly right-of--way line and circular curve northeasterly 1$2.99 feet (55.776 meters) through a central angle of 04°42'06"; (9) Thence non-tangent from said circular curve North 42°52'15" West 5.41 feet (1.649 meters); (10) Thence North 48°41'31" East 51.00 feet (15.544 meters); (11) Thence North 35°14'01" East 35.57 feet (10.841 meters); (12) Thence North 88°12'01" East 20.93 feet (6.378 meters) to a point on anon-tangent circular curve concave southeasterly and having a radius of 2230.00 feet (679.705 meters), said point being on said existing northwesterly right-of--way line, a radial line of said curve from said point bears South 40°12'52" East; (13) Thence along said existing narthwesterly right-of=way line through the following courses: along said circular curve northeasterly 337.85 feet (102.978 meters) through a central angle of 08°40'50" to a point of compound curvature with a circular curve concave southeasterly and having a radius of 426.17 feet (129.897 meters), a radial line of said circular curves from said point bears South 31°32'02" East; (14) Thence along said circular curve northeasterly 231.17 feet (70.461 meters) through a central angle of 31°04'45°; (15) Thence tangent from said circular curve North 89°32'43" East 217.93 feet (66.425 meters) to the beginning of a tangent circular curve concave northwesterly and having a radius of 270.00 feet (82.296 meters); (16) Thence along said circular curve easterly 103.67 feet (31.599 meters} through a central angle of 22°00'00"; (17) Thence tangent fram said circular curve North 67°32`43" East 135.07 feet (41.170 meters) to the easterly line of said parcel. of land described in the deed recorded as 1999-0051681; (18) Thence leaving said existing northwesterly right-of--way line along said easterly line South 46°22'32" West 83.52 feet (25.457 meters) to the northeasterly corner of said Parcel 4; (19) Thence along the easterly line of said Parcel 4 South OS°37'05" West 34.00 feet (10.363 meters) and South 07°41'54" West 12.48 feet (3,803 meters); (20) Thence South 68°40'07" West 160.09 feet (48.797 meters); (21) Thence South 60°13'53" West 162.24 feet (49.451 meters); Page 3 of 3 Parcel P16-7 December 02, 2002 (22) Thence South 81°42'24" West 35.58 feet (10.844 meters); (23} Thence North 82°39'22" West 150.54 feet (45.885 meters) to a point on anon-tangent circular curve concave southeasterly and having a radius of 869.42 feet (265.000 meters), a radial line of said curve from said point bears South 10°34'36" East; (24) Thence along said circular curve westerly 411.00 feet (125.273 meters) through a central angle of 27°05'07"; (25) Thence radially from said circular curve North 37°39'43" West 2.01 feet {0.612 meters) to a point on anon-tangent circular curve concave southeasterly and havil~g a radius of 2170.00 feet (661.417 meters), said point being on the existing southeasterly right-of--way line of said Project CA PFH 119-2(3}, a radial line of said curve from said point bears South 40°44'36" East; (26) Thence along said existing southeasterly right-of--way line and circular curve southwesterly 155.27 feet (47.327 meters) through a central angle of 04°05'59"; (27) Thence non-tangent from said circular curve South 47°47'38" East 1.95 feet (0.595 meters}; (28) Thence South 42°07'00" West 258.22 feet (78.705 meters); (29) Thence South 47°53'00" East 9.84 feet (3.000 meters) to a point on anon-tangent circular curve concave southeasterly and having a radius of 810.37 feet (247.000 meters), a radial line of said curve from said point bears South 47°53'00" East; (30) Thence along said circular curve southwesterly 46.55 feet (14.187 meters} through a central angle of 03°17'27"to the Point of Beginning. Containing: A net area of 1.09 acres (0.440 hectares}, more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of North 88" 58' S1" East on the northerly line of the Southeast One-Quarter of said Section 5, the Center Quarter Corner of said Section 5 which is monumented by a 2 %" Brass Cap stamped "RCE 9365 Cl/4SST21NR6E", the East Quarter Corner of said Section 5 is monumented by a Bureau of Land Management monument stamped "1/4 COR SS/4". C':~t3RADLFY-FILES\Oravi1le FHwA legals\September 2002 legalsical 19 row p16-7.doc Page 1 of 1 Parcel TCE 16-5 February 07, 2002 PERMANENT CONSTRUCTION EASEMENT FOR SLOPES TO BE ACQUIRED PARCEL NO. TCE 16-5 Revised Owner: Kwong, Keith J. & Melody L. From: Sta: 12+235 Tax Parcel: 061-330-008-000 To: Sta: 12+285 Project Number: CA PFH 119-2{3) Project Name: QUINCY-OROVILLE HIGHWAY In: BUTTE COUNTY, CA A parcel of land within Parcel 4 as shown on a map filed in Book 53 of Parcel Maps at Page 29 in the Office of the County Recorder of Butte County, California, being a portion of that parcel of land described in a deed recorded as 199980051681 in the Official Records of said county, described as follows: Beginning 36.09 feet (11.000 meters) right of the right-of--way centerline at right-of--way Station 12+235.00, said parcel being 3.28 feet (1.000 meter) in width, contiguous to the southeasterly right-of--way line of Project CA PFH 119-2(3) and extending to 36.09 feet {11.000 meters) right of said centerline at right-of--way Station 12+285.000. Containing: 0.01 acres (0.005 hectares), more or less. W:APROJECTS`X2110\RI;VISEDLEGALS3-03\STAMP-NFEDEI3leal19 tce 16-~rev2-03.doc Page 1 of 1 Parcel TCE 16-10 December 02, 2002 PERMANENT CONSTRUCTION EASEMENT FOR SLOPES TO BE ACQUIRED PARCEL NO. TCE 16-10 Owner: Kwong, Keith J. & Melody L. From: Sta: 12+251 Tax Parcel: 061-330-008-000 To: Sta: 12+290 Project Number: CA PFH 119-2(3) Project Name: QUINCY-OROVILLE HIGHWAY In: BUTTE COUNTY, CA A parcel of land within Northeast One-Quarter of Section 5 Township 21 North, Range 6 East from. the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 199980051681 in the Official Records of said county, described as follows: Beginning 42.65 feet (13.000 meters} left of the right-of--way centerline at right-of--way Station 12+250.646, said parcel. being of a Various width, contiguous to the northwesterly right-of--way line of Project CA PFH 119-2(3) and extending to 42.65 feet (13.000 meters} left of said centerline at right-of--way Station 12+260.000 and extending to 31.11 feet (9.482 meters) left of said centerline at right-of--way Station 12+290.000. Containing: 0.01. acres (0.005 hectares), more or less. ~b':\PROJEC"I'S12110'~,REVISEDLEGALS3-03\Sl'AMP-NEEDEDica114 tce ib-l0.dac 1'A~C 1 Ul 1 Parcel TCE 17-1 December Q2, 202 PERMANENT CONSTRUCTION EASEMENT FOR SLOPES AND AN APPROACH ROAD TO BE ACQUIRED PARCEL NO. TCE 17-1 Owner: Kwong, Keith J. & Melody L. Tax Parcel: 061-330-008-000 Project Number: CA PFH 119-2(3) Project Name: QUINCY-ORO~ILLE HIGHWAY From: Sta: 12+310 To: Sta: 12+385 In: BUTTE COUNTY, CA A parcel of land within Northeast One-Quarter of Section 5 Township 21 North, Range 6 East from the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 1 9998005 1 68 1 in the Official Records of said county, described as follows: Beginning 28.24 feet (8.609) meters left of the right-of--way centerline at right-of--way Station 12+310.000, said parcel being of a various width, contiguous to the northwesterly right-of--way line of Project CA PFH 119-2(3) and extending to 36.09 feet (11.000 meters) left of said centerline at right-of--way Station 12+320.000 and extending to 32,81 feet (10.000 meters) left of said centerline at right-of--way Station 12+325.000 and extending to 39.37 feet (12.000 meters) left of said centerline at right-of--way Station 12+340.000 and extending to 49.21. feet (15.000 meters) left of said centerline at right-of--way Station 12+350.000 and extending to 39.37 feet (12.000 meters) left of said centerline at right-of--way Station 12+360.000 and extending to 39.37 feet (12.000 meters) left of said centerline at right-of--way Station 12+365.000 and extending to 49.21 feet (15.000 meters) left of said centerline at right-of--way Station 12+370.000 and extending to 49.21. feet {15.000 meters) left of said centerline at right-of--way Station 12+380.000 and extending to 40.22 feet (12.260 meters) left of said centerline at right-of--way Station 12+385.000. Containing: 0.04 acres (0.01.6 hectares), more or less. Page 1 of i Parcel TCE 17-3 February 07, 2002 PERMANENT CONSTRUCTION EASEMENT FOR SLOPES AND DRAINAGE TO BE ACQUIRED PARCEL NO. TCE 17-3 Revised Owner: Kwong, Keith J. & Melody L. From: Sta: 12+350 Tax Farcel: 061-330-008-000 To: Sta: 12+486 Project Number: CA PFH 1.19-2(3) Project Name: QUINCY-OROVILLE HIGHWAY In: BUTTE COL7NTY, CA A parcel of land within Parcel 4 as shown on a map filed in Book 53 of Parcel Maps at Page 29 in the Office of the County Recorder of Butte County, California, being a portion of that parcel of land described in a deed recorded as 199980051681 in the Official Records of said county, described as follows: Beginning 39.37 feet (12.000 meters) right of the right-of--way centerline at right-of--way Station 12+350.000, said parcel. being 6.56 feet (2.000 meters) in width, contiguous to the proposed southeasterly right-of--way line of Project CA PFH 119-2(3} and extending to 39.37 feet (12.000 meters) right of said centerline at right-of--way Station 12+486.719. Containing: 0.06 acres (0.025 hectares), more or less. W:iYROJECTS\2110\REV]SEDLEGALS3-63\STAMP-NEEDED\cal l9 tce 17-3REV2-03.doc