The URL can be used to link to this page

Home My WebLink About04-165~~••~'F SUp,~+'*•, • • p • • ~'': ~• O. ,~. ; -~~ ~ '~- ~ BOA~tD O~ SUPERVI~Oi~ '+.'~'. ~~~' •' "a.'' . G~,, , ., . ;. ~~,. COUNTY OF BUTTE, STATE OF CALIFORNIA •'•.~,E'••••••.•••••''' ,.• . ` ~':~ R~solutioyz No. o4-ihs , •.. ~ovK' RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY BY E>vIINENT DOIYIA[N FOI2 PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION (CALIFORNIA CODE OF CIVIL PROCEDURE §1245.230(a), FEllEItAL BRIDGE 12EPLACEMENT PROJECT NO. STPLF-5912(0]4), STATE BRIDGE NO. 12C-233 & 234, COUNTY PROJECT N0.23201-95-1, NARCEL NO'S 029-020-012, 017 & 018 (BUTTE COUNTY) & PARCEL NO.O15-020-003-9 (GLENN COUNTY), The Butte County Board of Supcrvisors, by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, :AND RESOLVES that: 1. County of BIIttC and the Federal Highway Administration, intends to replace the bridge over Butte Creek on Aguas Frias Road. The "project", a public use, and, in connection therewith, acquire intcr-ests in certain real property. Said project is I'or a public use tivhich 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 California Eminent Domain Law, Code of Civil Procedure ~ 1230.010 et seq. and pursuant to Government Codc 525350.5; Streets and Highways Codc §943 and Codc of Civil Procedure j 1240.410 (uneconomic remnant). 3. The property to be acquired is more particularly shown in Exhibit A and dcscribcd in Exhibit B, attached hereto and incorporated herein by reference together thereof. 4. On July 19, 2004, there was mailed a Notice of Hearing on the Intent of the Butte County Board of Supcrvisors to Adopt a Resolution of Ncccssity for acquisition by eminent domain of the real property shown in Exhibit A and dcscribcd i~1 Exhibit B herein, which Notice of Hearing is accompanies the Resolution of Ncccssity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose nat»es appear on the last equalized County Assessmait Roll as having art interest in the property descrbed in Exhibit B, and to tl~ic address appearing on said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. 5. The hearing referenced in said Notice of Hearing was held on 3 August, 2004 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. 6. Based upon the evidence presented, the Butte County Board of Supcrvisors vote oftwo-thirds or more of its members, further FINDS, DETERMINES, DECLARES .4ND RESOLVES cacti of the following: a. "I'he public interest and necessity require the proposed project. b. The proposed project is planned or located i^ the manner that will be most compatible with the greatest public good and the least private injtu-y. c. The property shown in Exhibit A and dcscribcd herein ir1 Exhibit B is necessary for the proposed project. d. A portion of the property to be acquired is a remnant and, although a ncccssary component of the project itself, is also being acquired pru-suant to Codc of Civil Procedure ~ 1240.410 e. The offer raluired by §7267.2{a) of the Gova-iui~ent Codc, together with the accompanying statement of and sununary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statemeiv`summary were in a form and contained all the factual disclosures provided by Government Codc 57267.2(a). f. All conditions and statutory requirements ncccssary to exercise the power of eminent domain ("the right to take") to acquire the property dcscribcd 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, arc hereby AUTHORIZED and EMPOtVERED: a. To acquire in the name of Butte County, by condenu~ation, the property dcscribcd in Exhibit B, attached hereto and incorporated hcrcin by this reference in accordance with the provisions of the California Eminent Domain Law and the Constitution of California; b. To acquire the property in fcc simple absolute uulcss a lesser estate is dcscribcd ii~r Exhibit B, hcrcin; c. To prepare or have prepared and to prosecute in the name of the County of Butte such proceedings in the proper court as arc ncccssary 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 Supervisors of the County of Butte, State of California, this 31st day of 1~ugust: , 2004, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None -, i K. J. Bcclcr, Chair, Board of Supervisors County of Butte, State of California ATTEST: PAUL E. McINTOSH Chief Administrative Officer and Clerk of the Board of Supervisors Clerk/D uty :ATTACHMENT 1 EXHIBIT A x ~~ 8 I l ~ 33d ~ \ ~ W ~ 3H8 Si ~ 336 / 3 N - l H Y W ~ ~ f-~ Q O t H Y ~ I ~. et) _ ti 1~ g ob ~. m} ° P " ag ~ ~Y s ° ~ a ~ I~ k~ ~~_ ~ ~c ~ °.9a ~~ f rg OCj' f p` Q A~ s o t ~ ~~ ( I ~ ~ ~~ s ~~ / n ~~ ~ $ ~~ ~ m~ ~ a S _ ~ I _ = ~ ~~~ ~ 1 r~ / Z r~ ~ ~ o a ~ ? ~ S 1 ~ ~ d ,~ $ ~ ~ ~ oo W ~~ I I ~N . e rv' C.S C~" a^ I I ~ ~ ~ ~ ~~ F ° ~ ~~ ~~ ~ ., H ~ ' 3Y ~ b- ~y Q ~~ I I rva ~ ~ ~, Rh 3NEi101 , ~I 1 ~g LLI ~~ 4Z z~~ ~ =„~:= , hxh k +9 ^ ' SteS,, t~ w a _'~. w ~ $ ~ I Iwr uiE z n .~ fib. ~ ~4 a.` ~ . ~ W J Y ~' . ~ A 1 ~ , ' .pea ~ ~ ~ ~+ 2 sy 2 M1 a^ g W ~ ~ to I z ~ ~ r _ ~ ~~~ ,°~'y~ ,~~'`' ~ ` ~ ~ ~° ~ ~ ~ ,E{ 7 ~ zn, ~ ~ c, m ~ y ti ~ fr Ys _ ~ ~ `~ ~. r~ ~ a ~ ~ o Z _ O ~ Yi ~ ~ Td 3 ~ ~ ~y @~' "~~ ~ , 4r t / 4] R ~ ~. o EMS EER fFb Z Y etl ' ~ ' E • . < ~ Z ~ ~ I I Z ~ ~Z. ~~~ls ~ ~~ a ~ ~ ` ' ~ ~ ; 5 I I m m ~ , ~f ' a- g ' ~ ;.+ app o~~ ~ a ~Ta hW E<i >t Z W _~ t (y~ 3 ~ 8 ~ ` d15193tl S .. ' Yw t R ~ ~-. ' ~ J.. ' ~ b rr r r ~ y m S ~ e- ( .S \'~' ~ ~'P}7 147' ! l ~3r` t~ ~ ~ W i~ '3 ~ n~ l 5 ~~ } Z W rr 4 .~, ; ~ ~ Wzo~ t- ~'Y > A ~ '° I ~ 1z a ~?s B P r- ~~ ~~ W W ~ ~~N"' °,f y. ~~°' .e~'"'~fi '` J ~ - N 4 ~, i pp ~~ ~~ ~ J ~ `B ~ ub~=~ >`rc y ~'~(} ~"f'rcu y~.?~'~ tRrPOe~~:1 ~ ~ 4 2~ ~~` ,' °~ -"~ ~~~~ ~~ pia ,c •j d' ~~~~ to 'w~Bf r~ P, ,~4 PF +~~J .S~ F d- ~o ? ~ o I.L • ~ r ~ 11 4 .+4 ~ `~r ~ ~ ~' ~ t ~~ O 5 ~ ~ a ~ t 2 ~ ~~ ., ' 9 ~! ~6 ` R ~ h t -~ ,~ ~~4, d s ~ S ~ j r 3 ~ ~ ~ ~ &~ ~~'' a ~ / UY J 3 ' ' ~ / ~' o~ ~ ~ y . ~ ~ ' e s ~~~a F ~~ ~ ,3 'fie a ~ a ~ k gg ~ Z z ~ ~ ~ ~ ~i 6R ~ ~ AOC 4 Y ^ ~ ~ ~ ( - i°ar ~ ~ C E~ R ~ ~ ~ d/~J ~`~ i dad ~ A°H3 aI ' a ~ t~ `~"m~ ,~ `~ ~ ~i ~ ~ ° ' * vW ~~`~J' ~ k~ ~CCq r-'. .~` 4''tt ~ ~~ ~ 3 ~ n ~ s '_2 a _ ~ ~ } ~e S -~, ~ 4y F- ~~?q ..~* ~ x ~ ~ ~ _ , ~g of z ^ ~ w ~ ` ~ c Y ~ v - ..____ y~` h Y j ¢ ~ s'J' ~ ~ T ,r'n M ~r~L~Cv(r~r i~r, ! ~ i ~,nw , y~ C & S LS C d .. L 9 ., . xo cto, ~ / b 4 ~ ~ 3 MW «c~rcH < p # Q ~ < ~ a & }` ~ ~ F .+' g~+°o a` ma a =~ ~a~ E I t ~ ~~ ~~'8~g ~ c ~ M ~ i g c ~ ~ ~ ~ ~~ ~ ~ ` ~ R ~" ~ ~ ~ ~ ~ ~ ~8 ~ „ ~' w ~ s j b ~? ~ 3 ` ~ ~ ,,. pp±p5,,, o ~~ ~ ~ 4 £~ tQ ~~ ~ ff - ~ k ~ Z S - Z p F y4 "`' kJ' q a~~ ~ ~ Z ~ ~ .c ~ ~~ a~ ~~ a~ ~ ~ E ~~ a~ u8 ~ a~ ~~~ ~~ 1 33HH I g $ ~ ~QQ HL 35~ `p` q$~ 3 ~ ~ ° q~~ 3 ~ ~ y y ~ ~ ~ ~ ~': ~t 3 N13 a YW ' ~.y y ~ p f p G ~ ~5p~ L m_ .~ W uNnoo auna WQW ~~ ~' ALNt)O~ NN3l'J WQW 1~ ~ .-. w W ~ Uzi o z UJ ~ ~ ~ ~ ~ ~ Z ' Z j 7' O ~ Q Q O J N ~ o ~ 1 ~ g Z ~ G Z 4 ~ a ~ C onto `a~ _ M o ~ 0 ~ m W ~ ?d 1 I e l I ~ o / ~ . ~:~ ~ ~~ ~ k, 1 ~~ r I ^~ ~ U 4~ h a z~ ~ ~ ~ ~ ~ $ ,~ ~ T / .~ 3 2 ~ ~ ~ JJ W V h ~ U ~~ ~ _g~ ~ 4 o~ d o J x~ ~3 =o ~_ ~ ~ ~~ ~~~ < 1 _~ < _ ~. ~ e7 6 / ~ $ ~ $ ~ ~ ~ 1 ~_ ,~ .o, °~~'` ~~ `~~ ~ f ~ pp ~?,pp Q / ~ ~ ~d~ ~~~ ,, / p` ~~ T ~~ ~~ ~t„ o g z_ z°~~~ ~ 4I2~ .z~~ :£~ tiE N OZ 1 ,~,~~EI NF661 Q ~ ~a d a t~ r T 4 2E Ja 4 e ~$ ~~ ~~` _q ~ SY $ ~ m Q $ < C7 Q Im j ~ w I .,I I ~ -~ . 8 ~ ~ ~~ ~ 4 ~ 8ea~ ~ ~ v ~ a z ~~~ ~ - ~ ~ o o h" qR 3'~ Z ~_3.. ~~ e~f~:'i~ S A> 2 °~ 3~ o~ ~3 N O ~ ~,~° O ~ ~~ ~~ ,~~: '~ z ~ „~ O,` ~ ~ .~' tl! ~9 R V ~~ a /J ~ ~ 4 ~ ~ ~/ s - J / ~~ // 3~8 ~ ~ yb m~ ~~ lY 9 R~ ' V ~ (y~ / ~ / L ~~ ~~ ( oza~ o ~~ ww«:AHdW<oor J~~o.^,w ~' na ~uzWQ_ w~op°'z ..ow: V "add pI '~'~.~a'rcaas'a~~`~'~aa'sa'c&&a~a~.~~a."aa Y'~S aa ;H~gg~ggg~8555~~ggg~~~frag8~$5886~~gH~a~ 3 ~ I ~I ........ .......... ... ...... .. ~a$Yn~a^a"@e~nsx~~~aa~s~^.~g~a~m~~~a r ~~~~„a~~~$a 9~$g~~am~~~Aaa~~~asa^en~~~~ g g X41„~g`"A$QO~~~~AB°ffi~3Rr~~3$~,mv~.'gm?~~a ~~~~o"s m;aaaaa.:~4~ ~~3~~~~~asw~ a~~a gg _ a Z N }} I .~~nA~Y:.^...^Y.Y:Rnn2x~5nRom6»~nee,.~~~_~~ ~nnnnnn~nnnn~nn'nnn':. n'nnnnnnnn`nnnnnnnn~n z Z 4 O ~ oU ~ ~ U O ~ ~Ia gg~p3p~~$$S$$$88$$$$$$$5$5$8 $$8$58$58A$$8 i z ~ 5 8$8 ffs&sga>a F~aga»agga agggggS Eg a Z ¢ o 14 O Y Z t aW' i8 ~ x 9 4~,~ 5$~R $ .~5~ $ m d d ~.oe~ ~ ~~3~§~ ax 3x4$ r31Y434 4 a~ ~~ ~ 0 ^ ..~~ a ~a~x~am~a~cn$om3mg~~~~o~~~~a~s?~s~~~ ~ ~ ax N~~ ~~x ~ ka~ ~"" ~a ~~~ "~ " ° ° _ s ~~g~ x~~a ~~a sssam s" ~~~~ s x -~ _ . -___ - _ _ i _ __ _ ___ _ ' jjssaaxasease__ ____aanaar~xgaax~aax~x '.{4 7 4 ~ ~' ~ r~ f ~~ ~~~ ~~ m gg E ~ Z ~ °l Y cc33 ~ Z~~ ~~ _ ~~ ~~ =~A ~~ ~,m~ ~~o gzHo REEK i G h w ? a o ~ ~ ~ '~.~ wz ~N =~~v r~ ~~a o- ~ ~ ~o o s Y . ~N m< Q N ~3 ~ Z O M m U d' °~ ~ g N Ia. ~ Q c ~ 0 ~~ N ~~~~ ~~ i N\` Z~ VJa~~ ~~ ¢ C ~o Q ~ O ym m - ~ ~.. _ z W W ~ i VI ~~ a~ ~ z~`o~" _ O ~ ~ ia~w ~ W~ = W`~ ~ ~~ r a A F- ~ aq" z ~:d ~ w ~~G{NEER y4z ~~~ oq ~o ~ ~ ~ ~ ~ to ~a315fp3U *~~ boy z >s~`'~ a ~ <~~ W I ~~~`1~~s' ~ r`o~ ~ : ~ I>a~ (/7 J''z ~ rcw~k w ~°~~ > ~~~~ ~h =o~ f'1 ~ 3 3 (3 3 3 = ~ ~ ~ ~ ~ ~ ° ~ ~ ~ ~~ w~ S j 3 ~~ I ~ I~ i} ; ~ ~ ~~ua y~a~ ~~~~ 4 ~. 9~~F ~~ ~~~~ bn ~85a S~a~ 5 ~ ~ ~ y°zya ~ ya ~ a 3 ~y:y a y°y~ o <~;®~P :~ }m 9m ~ ATT~CHII~IENT I EXHIBIT B Escrow Na 02300264-North State Title Co. A.P. No. 015-020-003-9 (U]enn Co.) W.O. 3807 File No. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 9596 GRAINY DEED For value received Mary Compton Goni, C. William Johnson and Borel Banl: & Trust Company, Successor Co-Trustees of the Trust created under the will of Henria P. Compton, deceased, and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page 543. Grants to COUNTY OF GLENN, a political subdivision of the State of California all that real pro~crty situate in the County of'Glenn, State of California, described as follows: (Sec H;XHIBIT "B" for legal descriptions) 1 EXHIBIT "B" AQUAS FRIAS ROAll I3RIllGE AT BUT'T'E CREEK ACQUISITION PARCEL NO. 1 Otivner(s} C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN: 015-020-003-9 (Glenn Co.) All that real property situate in an unincorporated area of the County of Glenn, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 4, Township I9 North, Range I Fast, M.D.M., County of Butte, State of California, and also being a pardon of the County of Glenn Assessor's Parcel No. 015-020-003-9, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JUE4NSON and BOREL BANK c4c TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 11'x, 1992, under Serial No. 92-025794 in the Office of the Recorder, County ofButte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, "hownship 19 North, Range I East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO A(i SUBDIVISION" for Graco Ag, which map was recorded December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru 11 in the Office of the Recorder, County of Butte, State of California; "l~E II?NCE, South 00°28'06" West along the Section line between Sections 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 1,158.63 feet (353, 152 meters) to a point where the Centerline of Butte Creek intersects the North and South Section Line between Sections 3 and 4, "I~ownship 19 North, Range 1 East, M.D.M., said point also being the ending point of that certain 60 foot wide grant of Right of ~4'ay for Aguas Frias Road (formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COUNTY OF BUTTE recorded October 9`~, 18$9 in Baok 32 of Deeds at Page 261 in the Office of the Recorder, County of Butte, State of California, said point also being on the Political Boundary line between said Counties of Glenn and Butte, and said point also being 19.76 feet (6.024 meters) Left of Engineers Centerline Station 14+646,993, as shown on said Right of Way Map E- 2552, and also being the POINT OF BEGINNING; THENCE, South 25°26'45" West, along said Centerline of Butte Creek and Political Boundary line, a distance of 23.39 feet (7.129 meters); 2. THENCE, leaving said Centerline of Butte Greek and Political Boundary line, North 00°30'35" Nest, a distance of 236.91 feet (72.210 meters); Tl-II~NCI:, South 89°29'25" ~'~'est, a distance of'45.d6 Feet (I3.8~6 meters); "THENCE, North 00°30'35" West, a distance of 306.62 feet (93.459 meters); THENCE, North 15°10' 18" East, a distance of 136.34 feet (41.556 meters) to a point being on the Westerly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5«, 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, and said point also being 38.60 feet (11,768 meters) Left of Engineers Centerline Station 14+846.261 as shown on said Right of Way Map E-2552; THENCE, South 00°2$'06' West, along said Westerly Right of Way of Aguas Frias Road, a distance of 265.89 feet (81.042 meters) to a point being the begiruiing of anon-tangent curve, (to the Left), having a radius of 19$.90 feet (60.625 meters), (from which a radial bearing bears North 83°26'55" East, said point also being on the Westerly Right of Way line of Aguas Frias Road; "f HENCE, Southeasterly along the arc of said curve through a central angle of 25°42'31", a distance of 89.25 feet (27.202 meters) to the end of said curve being a point on said Westerly Right of Way line of Aguas Frias Road lying 14.57 feet (4.441 meters) Left of Engineers Centerline Station 14x739.700; TI-IENCE, South 00°28'06" West, a distance of 304.20 feet (92.721 meters) to the POINT OF BECINN[1~G. Containing: 0.42 Acres (18,407 square feet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range I East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDNISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x, 1990 in Book 122 of Maps, at Pages 6 thru I land also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Blrtte County Department of Public Works 1~'i1e No. E-2552 was taken as the basis of bearings for this description. "Together with and Subject to covenants, easements and restrictions of Record. ENll OF I)ESCRIPTI~N. AI'PI~UVED: ~ /~,' ~~~arner C. Phillips R.C.E. 29551 ~~ t~ ~ ~- E!d : ~' .~~ ~~ ~~Yt~3/~, ~`?,~~r ~~~ i Date: ~ 1!~ ..~ GRANTOR'S SIGNATURES Dated this ... , ..... day of The undersigned Successor Co-trustees of the "frost ...................... 2004. created under the will of I Ienria P. Compton, deceased and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page 543. Signed and delivered in Mary Compton Goni Date the presence of ....... . ....................... C. ~rilliam Johnson Date Borel Bank & Trust Company Date Capacity to sign as f S"]'~A"fE~ OI~ CALIFORNIt~ } SS. C(JL1N"fY OF' } Qn before me, Notary Pubic, personally appeared ^ pcrsonal]y known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person{s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his!herltheir authorized capacity (ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 4 1 S~I~EITE OF C~IL,IFOIZNI~ } SS. COUNTY OF On before me, Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instniment and ackno~~~ledged to me that helshe/they executed the same in his/her/their authorized capacity (ies), and that by his/herltheir signature(s) on the instrument the person(s~, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature } S~h~1"hI OI~ C~Lff'ORNIA ; SS. COLON"I~Y OI~ ; On before me. Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity (ies), and that by his/her/their signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 5 Escrow No. 207332 A.P. No. 029-020-017 W.n. 3807 File No. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED Eor value received Ma--y Compton Goni, C. William Johnson and Borel Bank & "Trust Company, Co-Trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to County of Butte, a political subdivision of the State of California all that real property situate in the County of Butte, State of California, described as follo~~=s: (Sec EXHIBIT "B" for legal descriptions) 1 EXHIBIT "B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREED ACQUISITION PARCEL NO. 2 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APiV`: 029-020-017 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Friar located in Fractional Section 4, Township 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-017, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. ~~'ILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANK ~c TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June I Ire', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map I-~ile No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, Township I9 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Friar Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19"', 1990 in Book 122 of Maps, at Pages 6 thru 11 in the Office of the Recorder, County of Butte, State of California; THENCE, South 00°28'06" West along the Section line between Sections 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 34.34 feet {10.468 meters) to a point being 30.00 feet (9.144 meters) Right of Engineers Centerline Station 14-{-9$9,471; said point also being on the Easterly Right of ~~'ay line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUT"I`E recorded August Sri', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, as shaw~~i on said Right of Way Map E-2552, and also being the POINT OF BEGINNING; 'THENCE, South 00°2$'06" West, along said Easterly Right of Way line of Aguas Friar Road, a distance of 732.85 feet, {223.373 meters) to a point being the beginning of anon-tangent curve, (to the Left), having a radius of 138.90 feet (42.337 meters), (from which a radial bearing bears No1~th 82°08' I 1"Fast); 2 THENCE, Southeasterly along the arc of said carve through a central angle of 28°53'34", a distance of 70.04 feet (21,350 meters) to the end of said curve being a point lying on said Easterly Right of Way line of Aguas Frias Road; "1~HENCE leaving said Easterly Right of Way line of Aguas Frias Road, North 00°30'35" West, a distance of 83.72 feet (25.526 meters) to a point being 42.65 feet (13.000 meters) Right of Engineers Centerline Station 14+772.035, as shown on said Right of Way Map E-2552; THENCE, North 89°12'20" East, a distance of 4.92 feet (1.500 meters); THENCE, North 00°30'35'West, a distance of 93.12 feet (28.384 meters), "hHENCE, North I 1°45'51 "West, a distance of 33.21 feet (10.122 meters); TIIENCE, North 02°47'41" West, a distance of 278.17 feet (84.787 meters); 1'I-IENCE, North 00°45'4$" West, a distance of 130.81 feet (39.870 meters); "fIIENCE, North 00°30'35" West, a distance of 178.89 feet (54.527 meters) to the PO[NT O[' I3EUINNING. Containing: 0.22 Acres (9,787 square feet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section Iine between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`", 1990 in Boak 122 of Maps, at Pages 6 thru l hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Together with and Subject to covenants, easements, and restrictions of Record. LNll Ur llESCRIPTIUN. APPRQVEU: /°' ,,~ Warner C. Phillips R.C.F. 29551 ~, ~ ~~~~~ ~ ~ ~ ~ ~~. ~ ~ ~ ~~ ~ ~3, ~~ ~-~ ~_ ~.^a, Date: U C'G? G7 -- 3 GRANTOR'S SIGNATURES Dated this......... day of ....................... . 200. Signed and delivered in the presence of The undersigned trustees of the tnrst created under the will of Henria P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and Borel Bank & Tnrst Company as to an undivided 47.355 percent interest. Mary Compton Goni Date C. William Johnson Date I3orel Bank & Trust Company Date Capacity to sign as C. ~~illiam .iohnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. 4 STATE OF CALIFORNIA COUNTY Ol~ On before me, Notary Public, personally appeared 1, 1 } SS. } ^ personally lalown to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelihey executed the sarne in hislherltheir authorized capacity (ies}, and that by hisfherltheir signature(s) on the instniment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FITNESS my hand and official seal. Notary's Signature STATE: OF CALIFORNIA COIJN"hY Ol~' On before mc, Notary Public, personally appeared t } SS. i ^ personally kno~~~n to me ---0R--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheldley executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instnunent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 5 STA"I'L OF CALIFORNIA COUN"1'Y OF OI7 before me, Notary Public, personally appeared } } SS. } ^ personally known to me ---OR--- ^ proved to me an the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 6 CERTIFICATE OF ACCEPTANCE AND CONSENT "phis is to certify that the interest in the real property conveyed by the Grant Deed dated . from to the County of Butte, a political subdivision of the State of California, organized and existing under and by virtue of the Constitution and Government Code of the State of California, is hereby accepted by the undersigned on behalf of the County of Butte, pursuant to that authority granted by Minute Order No. 98-366 approved on December 15, 1998 and the grantee consents to recordation thereof by its duly authorized officer. COUNTY OF BUTTE llEPARTMENT OF PUBLIC WORKS Bv: Mike Crump Director of Pl~lblic Works Date: 7 Escrow No. ?073 32 A.P. No. 029-020-O17 & 018 W.O. 3807 File No. 242.3807 After Recording Retul-n To: County of Butte Dept. of Publie «lorks 7 County Cezlter Drive Oroville, CA 95965 GRANT DEED For value received Maly Compton Goni, C. William Johnson and Borel Bank & 'Trust Company, Co-Trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.64 percent interest. Grants to County of Butte, a political subdivision of the State of California alb that real property situate in the County of Butte, State of Califoi-~1ia, described as follows: (See EXHIBIT "~3" for legal descriptions) 1 EXHIBIT "B" AGUAS FRIAS I20AD BRIDGE AT BUTTF. CREF,K ACQUISITION PARCEL NO. 3 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Sorel Bank & Ti•ust Company APN'S: 029-020-017 & 018 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias and also being a portion of Lot 5 of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`x', 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof filed for confirmation in the U.S. Surveyors General's Office in San Francisco, California, all in Township I9 North, Range I Last, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel Numbers 029-020-017 & 018, and also being a portion shown on that certain grant deed from MARY COMP"hON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co- trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOIINSON and BOREL BANK & TRUST COMPANY, co-trustees of the trust created Linder the will of Henria P, Compton, deceased, for the benefit of Mary Compton Goni recorded June 1 1 °i, 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest comer of Section 3, Township 19 North, Range I East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru I1 in the Office of the Recorder, County of Butte, State of California; ~hI-IINCE, South 00°28'06" West along the Section line between Sections 3 and 4, "Township 19 North, Range 1 East, M.D.M., a distance of 1,158.63 feet (353.152 meters) to a point where the Centerline of Butte Creek intersects the North and South Section line between Sections 3 and 4, "Township 19 North, Range 1 East, M.D.M., said point also being the ending point of that certain 60 foot wide grant of Right of Way for Aguas Frias Road (formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COUNTY OF BUTTE recorded October 9t", 1889 in Book 32 of Deeds at Page 261 in the 2 Off ice of the Recorder, County of Butte, State of California, said point also being on the Political Boundary line between said Counties of Glenn and Butte, and said point also being 19.76 feet (6.024 meters) Left of Engineers Centerline Station 14+646,993, as showlz on said Right of Way Map E- 2552, and also being the POINT OF BEGINNING; TI IENCE, North 00°28'06' Fast along said Section line, a distance of 304.20 feet (92.721 meters) to a point being the beginning of anon-tangent curve, (to the Left), having a radius of 198.90 feet (60.625 meters), (from which a radial bearing bears North 57°47'57" East), said point also being on the Westerly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5`~', 1921 in Book 195 of Deeds at Page $3 in the Office of the Recorder, County of Butte, State of California, and said point also beitlg 14.57 feet (4.441 meters} Left of Engineers Centerline Station 14+739.700 as shown on said Right of Way Map E-2552; THENCE, Southeasterly along the arc of said curve through a central angle of OS°33'47", a distance of 19.31 feet (5.886 meters) to a point lying on said Westerly Right of Way line of Aguas Frias Road; TIIENCI~, South 37°45'50" East, along said Westerly Right of Way line of Aguas Frias Road, a distance of 65.02 feet (19.818 meters); THENCE, leaving said Westerly Kight of Way line of Aguas Frias Road, South 89°29'25" West, a distance of 5.71 feet (1.742 meters); THENCE, South 00°30'35" East, a distance of 956.70 feet (291.604 meters) to a point being on said Northerly Right of Way line of said Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5~~', 1921 in Book l 95 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; THENCE. South 39°25'04" West, along said Northerly Right of Way line of Aguas Frias Road, a distance of 50.98 feet (15.539 meters) to a point being on the Easterly Right of l'Vay line of that certain 60 foot wide grant of Right of Way for Aguas Frias Road (formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COtTNTY OF BUTTE recorded October 9t~, 1889 in Book 32 of Deeds at Page 261 in the Office of the Recorder, County of Butte, State of California; ~hHENCE, North 00°28'06" East, along said Easterly Right of Way line of Aguas Frias Road, a distance of 811.04 feet (247.206 meters) to a point being in the Centerline of Butte Creek, said point also being on the Political Boundary line between said Counties of Glenn and Butte; THENCE, South 30°23'07" West, along said Centerline of Butte Creek and Political Boundary line, a distance of 57.25 feet (17.450 meters) to the POINT OF BEGINNING. Containing: 0.72 Acres (31,508 square feet), more or less, 3 The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range l East, M.D.M., as shown on that certain map entitled "GRAC'O AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru l land also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. ]'ogether with and Subject to covenants, easements and restrictions of Record. I~.ND OF DL+'SCRIY'TION. A1'PROVFU: ~~ ~, Warner C. Phillips R.C.E. 29951 /' ~~~ ~~~~F~ ~~ _ Date ~ ,~ ~ ~ `, ~, ;tom. ~~s~ ~ \~ ~.~ ~'! ~ ~> r -3__ `t GRANT'OR'S 4IGNA`TURI:S Dated this..... , . , . day of The undersigned trustees of the trust created .................... . 2004. under the will of~Henria P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and ~ore1 Bank & "Trust Company as to an undivided 47.355 percent interest. Signed and delivered in Mary Compton Cioni Date the presence of ............................... C. ~uilliam Johnson Date Borel Bank & Trust Company Date Capacity to sign as C. William Johnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. J } STATE OF CALIFORNIA ; SS. COUNTY pF } On before me, Notary Public, personally appeared ^ personally known tome ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity (ies), and that by hisfherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insh~ument. WITNESS my hand and official seal. Notary's Signature STA"fE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared t } SS. } ^ personally kno~m to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person{s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/llerltheir authorized capacity (ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 6 s~rA~r~ or c~ar.IF~o~zNra COUNTY OF On before me, Notary Public, personally appeared l 1 ss. } ^ personally ]mown to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose names} islare subscribed to the within instrument and acknowledged to me that helshe/they executed the sa~r~e in his/herltheir authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. FITNESS my hand and official seal. Notary's signature CERTIFICATE OF ACCEPTANCE AND CONSEN This is to certify that the interest in the real property conveyed by the Grant Deed dated from to the CoLmty of F3utte, a political subdivision of the State of California, organized and existing under and by virtue of the Constitution and Government Code of the State of California, is hereby accepted by the undersigned on behalf of the County of Butte, pursuant to that authority granted by Minute Order No. 98->66 approved on December 1 ~, 1998 and the grantee consents to recordation thereof by its duly authorized officer. COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS By Mike Crump Director of Public Works Date: 8 Escrow No. 207332 & 02300264 NS t~.P. No. 015-020-003-9 (Glenn Ca.) V.O. 3807 File No. 242.3807 After Recording Return 'I'o: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED (Easement for levee purposes) For value received Mary Compton Goni, C. William Johnson and Bo-~el Bank & Trust Company, Successor Co-Trustees of the Trust created under the will of Henria P. Compton, deceased, and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 2$, 1962 in Book 440 of Official Records of Glenn County, at page 543. Grants to "the Sacramento and San Joaquin Drainage District, acting by and through the Reclamation Board of the State of California" all that real property situate in the County of Glenn, State of California, described as follows: (See EXHIBIT "B" for legal description) '1 FXHISIT "13" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREEK ACQUISITION FOR DWR 3 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN: 015-020-003-9 (Glenn Co.} All that real property situate in an unincorporated area of the County of CJlenn, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 4, Township 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Glenn Assessor's Parcel No. 015-020-003-9, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henna P. Compton, deceased, for the benefit of Mary Compton Goni to MARY C:OMPTON GONI, C. WILLIAM JOHNSON and BOREI, BANK & TRUST COMPANY, co-trustees of the trust created ~~mder the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 11'x', 1992, under Serial No. 92-025794 in the Office of the Retarder, County of Butte, State of California, and also being shown an that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows COIti~IMENCING at the Northwest corner of Section 34, "Township 20 North, Range 1 Fast, M.D.M., said corner being a found iron pipe tagged LS 5181 in the centerline intersection of Aguas Frias Road and Nelson Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`f', 1990 in Book 122 of Maps, at Pages 6 thru 1 I, and also being shown on that certain map entitled "Record of Survey for Elizabeth Barmann Borgnino, which map was recorded in the Office of the Recorder of the County of Butte, State of California, October 17r~', 1986 in Book 101 of Maps, at Page 86; THENCE, South 00°30'35" East; along the Section line between Sections 33 and 34, "I~ownship 20 North, Range 1 East, M.D.M., a distance o1' 5,295.45 feet, (1614.057 meters} to a found railroad spike accepted as the Northwest corner of Section 3, Township 19 North, Range 1 East, M.D.M. as shown on said map for Graco Ag. "THENCE, South 00° 28' 06" West along the section line between Section 3 and 4, 'Township 19 North, Range I East, M.D,M., a distance of 899.32 feet, (274.114 meters) to a point being on said Section line and also being on the northerly easement and Right of Way line of the West Levee of Butte Creek as shown on that certain deed from ORLIN C. HARTER and ESTER W. HARTER, 2 his wife to the SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT, a public agency recorded May 14th, 1957, and recorded in Book 354 Official Records at Page 597 in the Office of the Recorder, County of Glenn, State of California, said point also being 15.34 feet (4.677 meters) Left of Engineers Centerline Station 14+726.017 as shown on said Right of Way map E-2552; THENCE, South 45°24'07" West along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 62.37 feet (19.010 meters) to the POINT OF BEGINNING. THENCE, leaving said Northerly easement and Right of Way line of the West levee of Butte Creek, South 89°29'25" West, a distance of 15.32 feet (4.(71 meters); THENCE, North 00°30'35" West, a distance of 215.41 feet (65.658 meters) to a point being 75.46 feet {23.000 meters) Left of Engineers Centerline Station 14+778.450; THENCE, South 30°43'38" West, a distance of 66.15 feet (20.162 meters); THENCE, South 16°16'08" West, a distance of 68.02 feet (20.734 meters); THENCE, South OS°51' 15" East, a distance of 112.66 feet (34.338 meters); "1'HFNCE, South 39°53'31" West, a distance of 47.56 feet (14.497 meters) to a point being the beginning of a curve, (to the Left), having a radius of 40.00 feet (12.192 meters); THENCE, Southwesterly along the arc of said curve through a central angle of 58°58'50', a distance of 41.18 feet (12.551 meters) to the end of said curve being a point on said Northerly easement and Right of Way line of the West levee of Butte Creek; TI-IENCE, North 45°24'07" East, along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 134.30 feet {40.934 meters) to the PC)INT OF I3EG[NNING. Containing: 0.26Acres (11,514 square I`eet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the Cotimty of Butte, State of California, December 19rE' 1990 in Book 122 of Maps, at Pages 6 thru 1 hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. 3 Together with and Subject to covenants, easements, and restrictions of Record. I?1Vll OF DESCRIPTION. APPROVED: i' ;/ / ~~ ~.~/' . Date: f ~/ f ~ W~ -ner .Phillips ~`' ~;~~`~~ ~ ~ R.C.F. 29551. ~",~~~~'~~ ~+.~~ ', ~ ' ~ ~ !~ .~9 ,~, w ~~ ? ~ t ~ "~ ~~~~,~ ~,~,'~ GRANTOR'S SIGNATLIRCS Dated this....,.... day of "I'he undersigned Successor Co-trustees of the Trust ...................... 2004. created under the will of Henria P. Compton, deceased and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page X43. Signed and delivered in Mary Compton Goni Date the presence of -------- ------ ............................... C. William Johnson Date ............................... Borel Bank & `Trust Company Date Capacity to sign as S'I~A"IT OI± CALIFORNIA COUN"IY OF OTl before mc, Notary Public, personally appeared l 1 } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisfher/their authorized capacity (ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. WITNF,SS my hand and official seal. Notary's Signature 5 S"PA'I'L OF CALIFORNIA COONTY OF O11 before me, Notary Public, personally appeared } } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instnTment and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity (ies), and that by hislherltheir signature(s) an the instrument the persons}, or the entity Upon behalf of which the person(s) acted, executed the instrument. V1'ITNESS my hand and official seal. Notary's Signature S"KATE OF CALIFORNIA COUN'I~Y OF Tl before mc, Notary public, personally appeared } } SS. } ^ personally known to me ---0R--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity (ies}, and that by his~erltheir signature(s) on the instrument the person{s), or the entity upon behalf of which the person{s) acted, executed the instrument. WITNIJSS my hand and official seal. Notary's Signature 6 F~acrow No A.P. No. W.U. File No. 207332 029-020-017 3807 242.38Q7 After Recording Return To: County of Butte De}~t. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED {Casement for levee purposes) For value received Mary Compton Goni, C. William Johnson and Borel Banl: & Trust Company, Co-Trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of l~lary Compton Goni, as to an undivided 4"7.35 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.b45 percent interest. Grants to "the Sacramento and San Joaquin Drainage District, acting by and through the Reclamation Board of the State of California" all that real property situate in the County cif Butte, State of California, described as falhws: (Sec EXHIBIT "B" for legal description) 1 EXHIBIT `B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREEK ACQUISITION FOR DWR 4 Owner(s) C. William Johnson Project Number. 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN: 029-020-017 A11 that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Friar located in Fractional Section ~, Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-017, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henna P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMP~hON GONI, C, WILLIAM JOHNSON and BOREL BANK & TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 11 `~', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map an file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 34, "I~ownship 20 North, Range 1 East, M.D.M., said corner being a found iron pipe tagged LS 5181 in the centerline intersection of Aguas Friar Road and Nelson Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru 11, and also being shown on that certain map entitled "Record of Survey for Elizabeth Barmann Borgnino, which map was recorded in the Off ice of the Recorder of the County of Butte, State of California, October 1 ern, 19$6 in Book 101 of Maps, at Page 86; TI IENCE, South 00°30'35" East, along the Section line between Sections 33 and 34, To~~~nship 20 North, Range 1 Fast, M.D.M., a distance of 5,295.45 feet (1614.057 meters} to a found railroad spike accepted as the northwest corner of Section 3, To~~nship 19 North, Range 1 East, M.D.M. as shown on said map for Graco Ag. THENCE, South 00°28' 06" West, along the Section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 908.13 feet (26.980 meters) to a point being on said Section line and also being on the Northerly easement and Right of Way line of the West Levee of Butte Creek as shown on that certain deed from ORLIN C. HARTER and ESTER W. HARTER, his wife to the SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT, a public agency 2 recorded April 29`x, 1957, in Book 887 Official Records at Page 189 in the Office of the Recorder, County of Butte, State of California, said point also being 15.50 feet (4.724 meters) Left of Engineers Centerline Station 14+723.151 as shown on said Right of Way map E-2552; THENCE, North 44°36'03" East, along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 82.08 feet (25.017 meters) to a point being 42.65 feet (13.00 meters) Right of Engineers Centerline Station 14+740.809, said point also being the POINT OF BEGINNING: THENCE, North 00°30'35" West, a distance of 102.45 feet (31.226 meters) to a point being 42.65 feet (13.000 meters) Right of Engineers Centerline Station 14+772.035, as shown on said Right of Way Map E-2552; fH1NC1~, North 89°12'20" East, a distance of 4.92 feet (1.500 meters); "I~I IENCE, North 68°23'59" East, a distance of 31.38 feet (9.565 meters); THENCE, North 89°29'25" East, a distance of 34.09 feet (10390 meters); THENCE, IvTorth 54°4T55" East, a distance of 107.69 feet (32.823 meters); THENCE, South 75°45' 12" East, a distance of 6.39 feet (1.948 meters) to a point being on said Northerly easement and Right of Way line of the West levee of F3utte Creek; THENCE, South 40°57'43" ~TVest, along said Northerly easement and Right of Way line, a distance of 123.33 feet (37.589 meters) to an angle point in said Northerly easement and Right of Way line; THENCE, continuing along said Northerly easement and Right of Way line of the West levee of Butte Creek. South 44°36'03" West, a distance of 114.81 feet (34.993 meters) to said POINT ©I{ BEGINNING. Containing: 0.18 Acres (7,725 square feet}, more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG St1BDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19t~, 1990 in Book 122 of Maps, at Pages 6 thru I band also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Va'orks file No. E-2552 was taken as the basis of bearings for this description. 3 Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. Together with and Subject to covenants, easements, and restrictions of lZecord. END OF DESCRIPTION. APPROVED: 'arner C. Phillips R.C.1~,. ?9951 ~_~ t~~~, ~~~ Date ~ q ~ ~~ ~ ~ ~ ~.~9 ~~~ c~~4~ ~~- 1 l ~ /~ G1 .~ 4 GRANTOR'S SIG~ATCIRES Dated this......... day of The undersigned trustees of the trust created ....................... . 2004. under the will of Henria P. Compton, deceased far the benefit of Mary Compton Goni, C. William Johnson and Bore1 Bank & Tn,ist Company as to an undivided 47.35 percent interest. Signed and delivered in Mary Compton Goni Date the presence of ....... . ....................... C. William Johnson Gate Borel Bank & Trust Company Date Capacity to sign as C. William Johnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. 5 S~l`A"I'I~ OF CALIFORNIA COUN"I'I~ OF On before me, Notary Public, personally appeared J } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hershe/they executed the same in hislher/their authorized capacity (ies), and that by hisfher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FITNESS my hand and official seal. Notary's Signature S"fA"I'I? OI~' CALIFORNIA COt1NTY OF On before me, Notary Public, personally appeared t } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence} to be the person(s) whose names) islare subscribed to the wvithin instrument and acknowledged to me that helshe/they executed the same in histher/their authorized capacity (ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 6 STATE OF CALIFORNIA C'OUN~IY OF On before me, Notary Public, personally appeared } } ss. ^ personally known to me ---0R--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s} is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisfher/their authorized capacity (ies), and that by his/herJtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 7 Fscrow~ No. f1.P. No. W.O. File No. 207 332 029-020-018 3807 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED (Easement for levee purposes) For value received Mary Compton Goni, C. William Johnson and Borel Bank & Trust Company, Co-Trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to "the Sacramento and San Joaquin Drainage District, acting by and through the Reclamation Board of the State of California" all that real property situate in the County of Butte, State of California, described as follows: (See EXHIBIT "B" for legal description) 1 EXHIBIT "B" AQUAS FI2IAS ROAD BRIDGE AT BUTTE CREEK ACQUISITION FOR DWR 5 Owner(s) C. William Johnson Project Number: 23201-95-I Mary Compton Goni Borel Bank & Trust Company APN: 029-o2o-OI$ All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 5 of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`", 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof filed for confirmation in the U.S. Surveyors General's Office in San Francisco. California, all in Township 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-01 $, and also being a portion. shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL, BANK & TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Comptan, deceased, for the benefit of Mary Compton Goni recorded June 11`x, 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being mare particularly described as follows COMMENCING at the Northwest corner of Section 34, Township 20 North, Range 1 East, M.D.M., said corner being a found iron pipe tagged LS 5181 in the centerline intersection of Aguas Frias Road and Nelson Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19tt', 1990 in Book 122 of Maps, at Pages 6 thru 1 l in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain map entitled "Record of Survey for Elizabeth Barmann Borgnino, recorded ,October 17`'' 1986 in Book 101 of Maps, at Page 86; in the Office of the Recorder, County of $utte, State of California; THENCE, South 00°30'35" Fast, along the Section line between Sections 33 and 34, Township 20 North, Range 1 Bast, M.D.M., a distance of 5,295.45 feet (1614.057 meters) to a found railroad spike accepted as the northwest corner of Section 3, Township 19 North, Range 1 East, M.D.M. as shown on said map for Graco Ag. 2 'I~HENCE, South 00° 28' 06" West, along the Section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 2,005.61 feet (61 1.311 meters} to a point being on said Section line and also being on the boundary line as shown on that certain property boundary line agreement between O. CLYDE HARTER, RICHARD W, HARTER, JAMES O. HARTER, GERALD C. HARTER and ORLIN C. HARTER and GEORGE W. BREWER and FRANCES E. BREWER recorded April 12`x', 1.966, in Book 1422 Official Records at Page 218 in the Office of the Recorder, County of Butte, State of California, and also being on the centerline of a 60 foat wide grant of Right of Way for Aguas Frias Road as sho~m on that certain deed conveying interest from WILLIAM JAMES AND JENKIN MORGAN to the COUNTY OF BUTTE recorded October 9, 1889, in Book 32 of Deeds at Page 261 in the Office of the Recorder, County of Butte, State of California, said point also being 34.16 feet (10.413 meters) Left of Engineers Centerline Station 14+388.834, as shown on said Right of Way Map E-2552; THENCE, North 37°06'02" East, along said property boundary agreement line, a distance of 50.28 feet (15.325 meters) to an angle point in said property boundary agreement line; 'hI-IENCE, continuing along said property boundary agreement line, North 39°25'04" East, a distance of 350.07 feet (106.701 meters) to the POINT OF BEGINNING. THENCE, leaving said property boundary agreement line at a right angle, North 50°34'56" West, a distance of 40.21 feet (12.257 meters), to a point being 190.30 feet (58.005 meters) Right of Engineers Centerline Station 14+490.70 as shown on said Right of Way Map E-2552; THENCE, North 02°29' 1 ] "' West, a distance of 10.04 feet (3.060 meters); THENCE, North 23°49' 13" East, a distance of l 02.46 feet (31.231 meters) to a point being the beginning of a curve, (to the Right) having a radius of 229.66 feet (70.00 meters); THENCE, Northeasterly along the arc of said curve through a central angle of 35°39'05", a distance of 142.90 feet (43.556 meters) to the end of said curve; THENCE, North 59°28' 18" East, a distance of 87.15 feet (26.563 meters) to a point being 402.01 feet (122.531 meters) Right of Engineers Centerline Station 14+567.18$ as shown on said Right of Way Map E-2552, and also being on the Westerly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPF,R to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; THENCE South 42°42'34" East, a distance of 56.36 feet (17.177 meters) to a point being on said property boundary agreement line, said point also lying within that certain Right of Way granted from MARY JAMES (a single person), HARRIETT M. SKAGGS {a single person), JAMES H. DOOLITTLE and SUSAN DOOLITTLE (his wife) to the COUNTY OF BUTTE, State of California recorded August 5`E', 1.921 in Book 195 of Deeds at Page 82 in the Office of the Recorder, County of Butte, State of California, and also lying within that certain Right of Way granted from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE, State of California recorded 3 August 5`~', 1921 in Book 195 of Deeds at Page 83 in the Off ce of the Recorder, County of Butte, State of California; THENCE, South 47°17'26" West, along said property boundary agreement line, a distance of 57.28 feet (17.59 meters) to an angle point in said property boundary agreement line; THENCE, South 4~°16'53" West, along said property boundary agreement line, a distance of 104.51 feet (31.855 meters) to an angle point in said property boundary agreement line; THENCE, South 39°25'04" West, along said property boundary agreement line, a distance of 159.94 feet (48.749 meters) to the POINT OF BEGINNING. Containing: A net area of 0.19 Acres (8,493 square feet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`", 1994 in Book 122 of Maps, at Pages 6 thru 1 land also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte Count~~ Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Excepting therefrom any portion there of lying within that grant of right of way and easement between GEORGE W. BIZEI~ER and FRANCES E. BREWER, his wife and SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT, a public agency recorded August 10`", 1954, in Book 733 Official Records at Pale 375 in the Office of the Recorder, County of Butte, State of California. Together with all underlying fee appurte~lant to the above-described parcel in and to the existing levee deed. Together with and Subject to covenants, easements, and restrictions of Record. END OF DESCRIPTION. r~PPI,tOVED: J ~i ~~ arner C. Phillips R.C.E. 29951 ~y~~~ t~' ~ ~~ ~~ ,. ~ °" ~ ~ ~ ~ Date: O ~ ~ / 3 3~ ~~ ~'~ ~~ ~ ~~ ~~~~ ~.~a~.yE~~- 4 GRANTOR'S SIGNATURES Dated this......... day of ....................... . 204. Signed and delivered in the presence of The undersigned trustees of the trust created under the will of Henria P. Compton, deceased for the benefit of Mary Campton Goni, C. William Johnson and Borel Bank & Trust Company as to an undivided 47.35 percent interest. Mary Compton Goni Date C. William Johnson Date Borel Bank & "Trust Company Capacity to sign as C. William Johnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. Date 5 STATE OF CALIFORNIA COUNTY Oh On before me, Notary Public, personally appeared } } ss. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signatw~e } STATE OF CALIFORNIA } SS. COUNTY OF } 011 before me, Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) an the instrument the persons}, or the entity upon behalf of which the person(s) acted, e~eeuted the instrument. WITNESS my hand and official seal. Notary's Signature 6 STATE OF CALIFORNIA COUNTY OF 011 before me, Notary Public, personally appeared } } ss. t ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorised capacity (ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. «'ITNESS my hand and official sea]. Notary's Signature EXHIBPT "B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREEK ABANDONMENT PARCEL "A" Otivne~r(s) C. ~~illiam Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company A I'N' S: 029-020-017 Sz 018 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 3, Township 19 North, Range I Last, M.D.11~I., County of Butte, State of California, and also being a portion of Lot 5 of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`x', 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof filed for confirmation in the U.S, Surveyors General's Office in San Francisco, California, a]1 in Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No's 029-020-017 ~ O1$, and also being sho«m on that certain Right of Way Map on file in the Butte Count}' Department of Public Works Right of Way Map File No. E-2532 and also being more particularly described as follows; COMMENCING at the Northwest corner of Section 3, Township I9 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which Map was recorded December 19`'', 1990 in Book 122 of Maps, at Pages 6 thru I 1 in the Office of the Recorder, County of Butte, State of California; ~hI-IINCE, South 00° 28' 06" West along the Section line between Section 3 and 4, Township 19 North, Range I East, M.D.M., a distance of $54.47 feet {260.431 meters) to a point being on said Section line, and also being 15.71 feet (4,789 meters) Left of Engineers Centerline Station 14+719.343; TIdENCE, at right angles to said Section line, South 89°31'54" East, a distance of 51.43 feet (15.677 meters) to a point lying on the Southwesterly Right of Way line of Aguas Frias Road as shaven on that certain deed can~~eying interest from O.L. RAPER & ALICE M. RAPER to the COUI~ITY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page ~3 in the Office of the Recorder, County of Butte, State of California, said point also being the POINT ON BEGINNING; THENCE, North 89°29'25" East, a distance of 6.94 feet {2.114 meters); Abandonment Parcel "A" Page 1 of 4 Project No. 23201-95-I APN. 029-020-017 c&, 018 THENCE, North 00"30'35" West, a distance of 90.00 feet (27.431 meters); to a point lying on the Northeasterly Right of Way line of Aguas Frias Road as shown within that certain deed conveying interest from O.L. RAPER cS'c ALICE M. RAPER to the COUNTS OF Bt1"hTE recorded August 5, 1921, in Book I95 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; THENCE, South 37°45'SO" East, along said Northeasterly Right of Way line of Aguas Frias Road, a distance of 668,53 feet (203.769 meters); '1'IIENCE, South 17°56'06" East, along said Northeasterly Right of Way line of Aguas Frias Road, a distance of 74,12 feet (22.593 meters), to a point being on the property boundary agreement line as shown on that certain property boundary line agreement between O. CLYDE HARTER, RICHARll W. HARTER, JAMES O. IIARTF,R, GERALD C. HARTER and ORLIN C. I IAR"1-ER and GEORGE W. BREWER and PRANCES E. BR1:~~'ER recorded April 12`x', 1966, in Book 1422 Official Records at Page 218 in the Office of the Recorder, County of Butte, State of California, said point also lying within that certain 35 foot strip of land granted from MARY .TAMES (a single person), HARRIET"T M. SKAGGS (a single person), JAMES I-I. DOOLITTLE and SUSAN DOOLITTLE (his wife) to the COL1N'TY OF BU"TTE, State of California recorded August 5~~', 1921 in Book 195 of Deeds at Page 82 in the Office of the Recorder, County of Butte, State of California, and also lying within that certain 60 foot ~~~ide strip of land granted from O.L. RAPER K ALICE M. RAPER to the COUNTY OP BUT"TL:,, State of California. recorded August 5t'', 192I in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, and said point also being 469.55 feet (143.118 meters) Right of Engineers Centerline Station 14-+562.159 as shown on said Right of Way Map E-2552; TI-IENCE, South 47°17'26" West, along said property boundary agreement line, a distance of 97.35 feet (29.673 meters) to an angle point in said property boundary agreement Tine; "hHENCE, South 44°16'53" West, along said property boundary agreement line, a distance of 104.51 feet {31.855 meters) to an angle point in said property boundary line; THENCE, South 39°25'04'' West, along said property boundary agreement line, a distance of 457.76 feet (139.524 meters) to a point being 30.00 feet (9.144 meters) Right of I~ngineers Centerline Station 14+413.224; '~fIIENCE, leaving said property boundary agreement line, North 00°30'35" West, a distance of 46.74 feet (14.247 meters), to a point being on the Northerly line of said 35 foot strip of land granted from MARY JAMES (a single person), HARRIETT M. SKAGGS (a sil~igle person), JAMES H. DOOLITTLE and SUSAN DOOLf'I'1'LE (his wife) to the COUNTY OF BUTTE, State of California recorded August 5`", 1921 in Book 195 of Deeds at Page 82 in the Office of the Recorder, County of Butte, State of California; Abandomnent Parcel "A" Page 2 of 4 Project No. 23201-95-1 APN. 029-020-017 & 018 "I'I IENCE, North 39°25'04" East, along said Northerly line of said 35 foot strip of Land, a distance of 423,19 feet (l 28.987 meters); "fHENCE, North 44°16'53" East, along said Northerly_ line of said 35 foot strip of land, a distance of 101.85 feet (31.045 meters); `I'I ILNCE, North 29°20'33" East, along said Northerly line of said 35 foot strip of land, a distance oi' 62.42 feet (19.026 meters), to a point lying on the Southwesterly Right of Way line of Aguas hrias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COON"fY OF BUTTE recorded August 5, 1921, in Boak 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; "1~HI?NCE, North 17°56'06" West, along said SouthG~~esterly Right of Way line of Aguas hrias Road, a distance of 37.37 feet (1 1.392 meters); 'I~III~NCE, North 37°45'50" West, along said Southwesterly Right of Way line of Aguas hrias Road, a distance of 590.61 feet (180.019 meters), to the POINT OF I3E(~INNING. Containing: 1.39 Acres (60,437 square feet), more or less. The bearing of South 00°30'35" Last between found monuments, being the Section line between Sections 33 & 34, 'township 20 North, Range I East, M.D,M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`h, 1990 in Book 122 of Maps, at Pages 6 thru l hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. 1XCl~P"KING AND RESERVING, any existing public service easement as defined in Streets and Highways Code Chapter 1 of Part 3 of Division 9 in Section 8306, and/or rights at any time, or from time to time, to maintain, operate, replace, remove, renew and enlarge the existing public service facilities and facilities incidental thereto, including access to protect the property from all hazards in, upon, and over the highway herewith to be abandoned. A11 of that portion of property denoted as ABANDONMENT "A" on said Right of Way map E- 2552 is hereby combined with and become a part of those lands as described in that grant deed from Mr1RY COMPTON GONI, C. WILLIAM JOHNSON and VdEI~LJS LARGO BANK, co- trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of MANY COMPTON GONI; to MARY COMPTON GONI, C. WILLIAM JOI-INSON and BOREL BANK & TRUST COMPANY, co-trustees of the trust created under the will of Heilria P. Compton, deceased, for the benefit of MARY COMPTON GONI recorded June I1, 1992, under Serial number 92-025794 in the Office of the Recorder, County of Butte, State of California. No additional lots or parcels are created hereby. Abandonment Parcel "A" Page 3 of 4 Project No. 23201-95-1 APN. 029-020-017 & 018 Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. Sce Right of Way Map on frle at the Butte County Department of Public Works I~ile Na E-2552. F;Nll tJF UESCRIPTIUN. AI'PI2~QVED: (~/ ~ ~_' ' ' ~ f'~ - - --!~r'''% a per C. Phillips R.C.E. 29951 ,.. ~ .~ ~ ~ ~~~ C7 ~ ~ ~ Date: /p ~ to "~ ~, ---- f Abandonment Parcel "A" Project No. 23201-95-1 ~,,~. ~ ~ ~°~~4'~ ` ~` q ~21 ~h ~'yp~p-c6 p Ay~+~ Page 4 of 4 APN. 029-020-017 & (118 EXHIBIT "B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREEK I?ASF,VIENT AREA DESCRIPTION Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Bore1 Bank & Trust Company APN'S: 029-020-018 All that real property situate in an unincorporated area of the County of I3utte, State of California, and being a portion of l,ot 37 of the Rancho Aguas Fri as located in Fractional Section 3, 'fo~vnship 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of Lot ~ of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Cror_e shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`x', 1$76 in Map Book 5, ai Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof fled for confirmation in the U.S. Surveyors General's Office in San Francisco, California, all in Township 19 North, Ran<~e I East, M.D.M., County of F3utte, State of California, and also being a poi~ion of the County of Butte Assessor's Parcel No. 029-020-018, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map bile No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, Township 19 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which Map was recorded December 19''', 1990 in Book 122 of Maps, at Pages 6 thru I I in the Office of the Recorder, County of Butte, State of California; THF?NCE, South 00° 28' 06" West along the Section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 1860.81 feet (567.176 meters) to a point being on said Section line; THENCE, at right angles to said Section line, South 89°31'54" East, a distance of 61.76 feet (18.823 meters) to a point being 30.00 feet (9,144 meters) Right of Engineers Centerline Station 14~-432.678, and also being the POINT OF BEGINNING; TIIENCF, North 39°35'25" East, along the Northerly toe of the Fast levee of Butte Creek, a distance of 248.87 feet (75.857 meters); "1'CE Easement Area Description Page 1 of 3 Project No. 23201-95-1 APN. 029-020-018 'THENCE, leaving said Northerly toe of the Fast levee of Butte Creek, North 02°29' ] 1" West, a distance of 10.04 feet (3.060 meters}; 17 IENCE, North 23°49' ] 3" Cast, a distance of 102.46 feet (3 ] .231 meters) to a point being the beginning of a curve, (to the Right) having a radius of 229,66 feet (70.00 meters); THENCE, Northeasterly along the arc of said curve through a central angle of 35°39'05", a distance of 142.90 feet (43.556 meters) to the end of said curve; "Tl-IENCE, North 59°28' 18" Cast, a distance of 87. ] 5 feet (26.563 meters) to a point being 402.01 feet (122.531 meters) Right of Engineers Centerline Station 14+567.18$ as shown on said Right of Way Map F-2552, and also being on the Westerly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; TTIF_,NCE, North 17°56'06'' West, along said Westerly Right of Way line of Aguas Frias Road, a distance of 29,26 feet (8.918 meters); "THENCE, North 37°45'50" West, along said Westerly Right of Way line of Aguas Frias Road, a distance of 444.70 feet (135.546 meters} to the Southeasterly top of bank of Butte Creek; "THENCE;, South 32°22'21" West, along said Southeasterly top of bank of Butte Creek, a distance of 70.83 feet (2] .591 meters); "THENCE, continuing along said Southeasterly top of bank of Butte Creek, South 27°05'27" West, a distance of 108.07 feet (32.941 meters); THENCE, continuing along said Southeasterly top of bank of Butte Creek, South 24°24'36" West, a distance of 13.08 feet (3988 meters) to a point being on the proposed Easterly Right of Way line of Acquisition Parcel No. 3 as shown on said Right of Way Map E-2552; THENCE, South 00°30'35" East, along said proposed Easterly Right of Way line of Acquisition Parcel No. 3 as shown on said Right of Way Map E-2552, a distance of 656.36 feet (200.058 meters) to the POINT OF BEGINNING. Containing: 3.61 Acres (157,084 square feet), more or less. TCE basement Arca Description Page 2 of 3 Project No. 23201-95- ] APN. 029-020-018 The bearing of South 00°30'35" Last between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru l hand also being shown on the Aguas Frias Road Bridge; at Butte Creek Project No. 23201-95-1 Right of Way Map, on ale with the Butte County Department of Public works File No. E-2552 was taken as the basis of bearings for this description. APPROVF,D: ~~ _ ~~ r r C. Phillips ~~ R.C.E. 29951 Date ~~~~~~~ ~ ~~ ~~ ~ ~ ~ p ~ (I _ 9 i v _ ~fCIJ Easement Area Description Project No. 23201-95-1 ~ 'Z„ l~ i /6 ~~ 2~ pn ,~ , ~., ~9k~O~ ~ Page 3 of 3 APN. 029-020-018 OAP p,~tTM ENT O ~~ ,, o~vTTfi '~~~ o 0 a =~ _ o ~ Q~ o l .~ " A~~ ~ ~'~ ~ 5 ~'~t~c wop`~ DIi~PARTMFNT OF PUBLIC W~lRKS CQUNTY Or, BUTT - - 7 County Center Drive J. Michael Crump, Director Oraville, CA 95965-3397 (530) 538-7681 (FAX) 538-7171 CERTIFIED MAIL July 19, 2004 C. William Johnson, etas P.O. Box 1009 Durham, CA 95938 APN'S 029-020-012, 017 & 018 (Butte County 015-020-003-9 (Glenn County) Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property Uy Eminent Domain (California Code of Civil Procedure §1245.235), Federal Bridge Replacement Project No. STPLF-5912(014), State Bridge No. 120- 233 & 234, County Project No. 23201-95-1, Parcel No's 029-020-012, 01.7 & 018 (Butte County) & Parcel No. 015-020-003-9 (Glenn County). Dear Mr. Johnson, etal The County of Butte has notified you and presented an offer to purchase a portion of your property to complete the Aguas Frias Road Bridge Replacement Project over Butte Creek. Due to requirements set forth by the State of California to enable the County to secure funding for the reconstruction project, agreements or right of possession for required right of way is required in order to certify the project for funding. The cut off date for certification is quickly approaching. The apparent impasse in negotiations requires the County to proceed with the next step in the right of way acquisition process. The negotiations will continue in hopes to purchase the needed right of way prior to completion of Eminent Domain. The Eminent Domain process involves specific steps which will assist you in responding to the process: 1. Notice of the Intent of the Butte County Board of Supervisors to Adopt a Resolution of Necessity. The Butte County Board of Supervisors intends to consider the adoption of a Resolution of Necessity on August 3 2004 at 11:00 a.m. which, if adopted, will authorize the County of Butte to acquire the property described herein by eminent domain for the Aguas Frias Road Bridge Replacement Project aver Butte Creek. A map and descriptions of the property being considered for acquisition, marked Exhibit A and Exhibit B, are provided with the proposed Resolution of Necessity marked Exhibit C and a copy of each is attached to this Notice and identified as Attachment 1 {which property shall be referred to herein as the Property.) 2. Notice of Your Right to Appear and Be Heard. Please take notice that the Butte County Board. of Supervisors, at a reg<zlar meeting to be held on August 3 2004 at 11:00 a.rn., or as soon thereafter as the matter tray be heard, at the Board of Supervisors Meeting Room, 25 County Center Drive, Oroville, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the Butte County Board of Supervisors at the above scheduled hearing on the following matters and issues, and to have the Butte County Board of Supervisors give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code §7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement in summary were in a form and contained all of the factual information required by Government Code §7267.2(a), a copy of which is attached hereto; e. Whether the County of Butte has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the County of Butte has the statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of I~Tecessity, which will be recorrunended to the Butte County Board of Supervisors for adoption and accompanies this Notice as Exhibit C. Your name appears on the last equalized Butte County assessment roll and in the preliminary title report as Owner of the property required for the proposed project. The statutes which authorize the County of Butte to acquire the property by eminent domain for this proposed project are Government Code §25350.5, Streets and Highways Code §943 and California Code of Civil Procedure § 1240.410. 3. Failure to File a Written Request to Be Heard within Fifteen (15} Days after the Notice was Mailed will Result in ~'Yaiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the clerk of the governing board within fifteen (15) days after this Notice was mailed. You must file your request to be heard at: Clerk of the Board, 25 County Center Drive, Oroville, California, 95965. A Notice to be Heard faun is attached as Attachment 2, for your convenience. Should you elect to mail your request to the clerk of the board, it must be actually received by the clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure § 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the Butte County Board of Supervisors at this time. Your nonappearance at this noticed hearing will nat prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Iti?otice is not intended to foreclose future negotiations between you and the representatives of the County of Butte on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues which are the subject of this noticed hearing and which are coneer~ed with the right to take the property by eminent domain. If the Butte County Board of Supervisors elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the County of Butte will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. if you have additional questions about the property agreerment, right of possession or any other additional items, please contact me at (530) 538-76$1. Sincerely, Mike Crump, Director Butte County Department of Public Works Stuart Edell, Deputy County Surveyor Original Notice dated and mailed on July 19, 2004. Attachments cc: Susan Sears, State of California-DOT-Local Programs, 720 Yuba Street, P.O. Box 911, Marysville, CA 95901 cc: Tirn Kelleher, Rice Law}Ter, Kelleher & Olivera, L.L.P., 508 Forbes Avenue, Second Floor, South, Yuba City, CA 95991 ATTACH~11/NT 1 EXHII3I'I: A * ~ i ! 3H 3311 " ~ ~ w o ~ _ ~ 3N8 S I 336 / 3 N 1 H Y W ~ t H Y \ ' ~ ~ Ge ei) R ' '"1~ } ~ O 3 f 6 p ~ 3 Qi a~ ~- W a M N _ ~ ~ ~. m~ a _ ~ 1 I ~ ~ ~~~ ~ ~~ ~ ~ ~~ ~ o~ ~ M~ s o \ $ a ~ a S np:~~ ~ 66 g /// 9 dbr r",~lr¢ ~ ~ ~ Z L J Z' (!I o~ g w _ ~ O ~ ~ F ~ G / ~ ~ • o% ~ O o ~ ~ ~yey n' ' ' ~ ~ 3 ~ ~ tl ° `~ ~ ~"rP ~ tr ~ a O .. N as f ' ~ ~ ~ ~~ 5 ~ ~~ ~~ ~ ' ~ ~ ~ ~ ~ ' ~3~ ~ .J ~ `Y~7 & ~ ~ z - ~ $ ~ aM ~ ~ °1 Rtia ~~ ' ~ ~ ~ aNnloi ~ ~ a~ ~ ~I ~ W ~' ~~ s . zQ w< J. - - ~ ~ ~ ~~ W M ~,a ~~ ~.~ ~ c i % ~ ~ ~ ~ ~ar plc - ~ ~ $ vv ~~ 'u ~ `.pa''~ : ~~ 2~ ~ u~7 i,~ ~ ~' ~ C ~ d ' ~ ~ ~ cL a ~ ~ ' n O T . 6.~amt ~~ 1' t R ~-, H k ~ a~ W i = Z ~ ~ ~ yg ~ ' ski' a~ ~~''~ e'~ ~ p ~y E .-~, i .~~i bo ~' ~ ~ J ; ' .y1a. 1" `'ap ~ ~ .f ~y^ W ' ~ ~ ± } ~•, ~ ~ ~ ~ ~ f 2 ( I ~UU zza ~ V W Z 6 O V ~ ~ A ~ V~ r~~pb ~~ bra ~~ ~ m chi ~ ~ s ~ ~~ ,x I Oa ~ I ~ ~ ~ < ~ ~~Z a ~ OJ QS'~ ,~, L ~' <~ ~ ~ ~ I p ~ < a ~S ;a .r ~ ; ** _ ~ ~ ~ ' SNEER , 4 + ~ C a is ~ ' ~ Q x ,; - ~ ~ ~ ~ a' ~r O ~~, ~~ ~ 4 ... 3/Sf'J3tl / Ee 1 .1 ». lE ! Z ~ g h 8 ; ~/a p Gj ,. a P ' ~ s~§ I ~'~ s ~ ~ 0 U _- -'" ', s F 'area. .'~`~~\ ~~ t- I ~" t q I 7 , s fi Sf .}. 1 R ~ I I W f i # Zj~ I ~ W , a . k `~' ~ \ i ~ i • m ) W ,~ w ~ . . , k~ s l M f i . \ ~ ryQ § ~tt ~ / z F ~'~ pi°~ o. ~ a z c?o~i`~ to ~~ a~ ~ m °d ' V I ~<~; ~ _~_ /~ e~ ~~ m iZ $ ~~ qg ,~+°~o ~~~ .a?~`'~~'' J4C'J ¢ a.~ v~,~~ w Y~"- r ~ ~t+ ~ ~~ ~ ~~ ~ ~ ~ ~ ~ `y g $~~k ~ ~' fe o~'~~ ~D`a 2i ~ wv ~5 ~ u~~ e ~' 3 ! ~ ~ ~ ' e $ ~ ~ ' ! ~ ~ ~ , '~ ~ ~ '~~ ~~ ~ ~ ~ n,, n 6 5 e~',~ 1t T_ ,}' ~1 a / ~ ~ ~ ~ ` ~ ~ b ' ~ ~ yy~'~~ c'~ ~~ *1 .~~~. I Ib a e n ,~ jEC j ~ ~ g ~ f ~ . W 66E W t J3 .. y s~ e ' ~' / .' ~~ ' Y a ~ f ~ ~ ~ ~ ~ 4 ~ r ~ ~ ~ y ~ ~, ~ ~~ f~ ~ 5 a~~ r4 ~'aa= A - X xza _ ~~ ~ o _ ~~ ~ ~ a ~k € s ~~ j 58 a A ~fy7'R ~s~~ g~ ' ' g ~~ a Y $ ~ gg ~ ~ ` ~~ {' W m ^ e°~~ ~~ ~ W /f ~..~ ... ~-~~ .; r» ~ ~ WWI? ~ ~ ' ~ ~ ~ Q \ ' ; ~ L a p ` z g ~ at ~ g ~ ~ : ~ ~ c q e ~ _ ___ -- e` ~ _ ~ e ~ ~ ~ , q ' ` ~ ; usns.sas ~ ~' ' z ~ ~ ^" g ~ ~ ~ x & >oo c .c~ ! i r / ~y0 `a` ~~ ~ / ~ ~t~mridre« : „ a ~ e ~ ~ Y " ~ ~ ', ~ 3~ 4~'0~~ rw..,~, ~ :.a ~~~ ~ ~ / ~ W ~ ~ g ~ ~ ~ 5 ~ I c a ~ c E 6 K ffy ~ / ~ ~~ f ' ~ " ~ ~ ~ T' y ' 8 0~ ' ~ I' m w. ffi Y ~ g ~ ~ ~} ~ w I ~ - ll ~ ~~ / ~ ~' - .~ ~ ~~ -~ ~g~ C 'g~ uC -g~ ~B ~ Q ~ ' ~ ~ 133HS . ~. INl 3S ~ ~~ p ~~ ~ ~ y ~ ffi ~ ~~ "~ ~~ a a ~ 3 N1'1 ~ YW Z ' m ad ~ ~4 ~ 9~ i "' S ~ g4 '.' i~~~ ~? 3 i~a_ ." i 6 X W W W C7 Z Q7 n. Q 0 Z Q ('7 z 0 U W tl) z U uNnan acme Wow ~~ ~' uNnO~ NN31`J W4W Id ~ $ .-. w vVi 0 W ~ ~~~ ~ $ ~ it z ~ ~ c ^' 2 U N Z O a U ~.N c5 z~~ ~ RVZZ ~~ p~ O ~ m l ° I ~ ~ ~ /~~~ a~' 1 1 K ~, 1 / N «« ~ 14~d ~3~ / fi~ ` ~~ c ~,~ _ 3S T / ~ o ~ = W V zq'Y / N i5 -EI ~ 6 Q Z Z t7 O N~ _ M 1 x ~~ a ~ ~LL ' ~ o / ~ =p~ R't C Z ~. _ a _ ~ 3 Y E'1 R ~ ~ ~ ~- d 1 1 ~~~ ; ,~~ ~. ~~~ .~ ~ ~ J/ ~ ~~ v v .~ ~e 3 ^ W ~ ° -^ y y 2 q M ~ ~ a ~m ~}~ m; ~Pd « i c+J ; y n w ~i~a ~y m° ~W~6a m l`i Q ~ n t ~ ~-2' O Qo_ ~ ~ ti ~ O z < g ~ ~~::~ o a~ `E tRE NOZl ~ ~¢"~ ~ m b ^ ~~g N 661 ~ J ' ~ _ M1i*~ _ Y o Y x P.'S ~ I, Q °~ o ; w ~ r ~ ~« W 4 H ~ ~ ~. g ~ ta- ~ Y i (n a ~ m - ''. F a;a a sagaag$paaaaaaaaeaaaaaaaa~sa~~saggggaa o " a . w j jl[ffft€€fB$ .€i€E€ff.%£3f.££ €t.>`.fE«g W i+~ ~'"''a? Q _ ~ ~~ .......... ..................... ...... y~ ~ ~ `~~W ~- i?53 aAa:x? :s:esR~~~as;°sx3aa~~s:~g~~ » e g .r ~'$s3~3R$~~AaA'aRgsa"ss~~~^=.j:^~a~~~~"s r ~a ~ ;s~ ag.«aax« ~aa xaaa- ~A-a»..^.«3 ~ W _ _ ~GtNEER % ~< ~ 3 . ~F~F~ay~=R~~~~3~~~~~a>s3>as_^a_s"s_5;~a~ c ~ a §~ o ~_ "~ d~~ „> ~~ a z ~~^axs_xsxxs:ra~:axaaaax::::::¢::«F«a W ~ ~.a" ~ ~+ = a o3a.~+Rl~3tl ;yam $ O ~ N 8 ~ ~ ~3 tS o ag~aaa $$~a~e55~a s~aaaaaggaas~ggabaaggees • Zd ~ 'gd.€£E~Bf€£:T.g~€££€aa:8€fa.4Hf EFCHHg ~~ g ~ y z 3 . r- > ~ ~ e, ~a °~ gi. ... .. .. .... z ~; a $ . ~m r ..... ............ ..... ~ `6~Wi ~ z 5t ~ ~ x $ ~~ k~aa s° x3axas~xa ~«a $xaa ~ W g ~° a o 0 3 ~2~ s_ a x.,~ 7sadR :r ..4. °~? U S ~ O j d'_~S _.daad ~ao _y_gd '~_^fj ~. 2~ * Gz 1 ~ aznW '" m ~ ~ ^~ R„ «a «a~ z a S x-a:ax ~ to ~^>_ ~ e" "~^~3roa «sx ~ W « ~ .. ~, i^ rya"a?~g^"~a d^--C.TAo ~^ ~~$~ b 3 ~'asaaaaasass^^==_^ <°snaa~s_aa«R_aaxaa ~ ~ ~ g ~ _ 1 ~' .. _ C ~_~ sy~~6 ~ s ~ - F - ~ ~ pR ;h C ~~~ ~ ~ ~~ ~ « o 3 u` 3 ^ 3 po d ~~ ~ tL ~ ~ ~~ j~s ~ ^y j~fd 2 j Yle t ~ d 4 tM 2$ ~ ~~~«Q5Q( d« ~ 5 «^ ~S~ a ~. p~~ F F z ~~ Y 2 Y a j J ~ =~'~ ~,''^J" ~: 'b ~'~~~ I- ~~j w r' 1 SV '~ a °~ a ~ 3 ~ ft z ~~~ ~ O -~ ~~ H~=~« a a ~ a ~ ~ ~~ sa~a~ N~o~„ u~~~ ~ ~ u~>~ ~ e s~ e: aaa:a:a a: a= ad ~ $" 1J 1Y Sa °~S a~i ~~}j 3~3~ Y~ /~' I ATTACHMENT 1 EXHIBIT B Escrow No. 02300264-North State Title Co. A.P. No. 015-020-003-9 (Glenn Co.) W.O. 3807 File No. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED I~or value received Mary Compton Goni, C. William Johnson and Borel Bank ~ 'Trust Cornpany, Successor Ca-Trustees of the Trust created under the will of Henria P. Compton, deceased, and the Decree of Distribution of her estate, a certitied copy thereof being recorded on November 28, 1962 in Book 4~t0 of 0-fficial Records of` Glenn County, at page 543, Grants to COUNTY OF GLENN, a political subdivision of the State of California all that real property situate in the County ol~Glenn, State of California, described as follows: (See L:XHII3IT "I3" for legal descriptions) 1. EXHIBIT "B" AGUAS FRIAS ROAD BRIllGE A'I' BU'T'TE CREEK ACQUISITION PARCEL NO. 1 Otivner(s) C. Witham Johnson Project Number: 23201-95-1 Mary Compton Goni Boret Bank & Trust Company APt~1: 015-020-003-9 (Glenn Co.) All that real property situate in an unincorporated area of the County of Glenn, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section ~, Township I9 North, Kange I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Glenn Assessor's Parcel No. 015-020-003-9, and also being a portion shown on that certain grant deed from MARY COMPTON GOM, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANK & "I'RUS"I' COMPANY, co-trustees of the trust created under the will of Ilenria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 11`f', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map Nile No. E-2552 and also being more particularly described as follows COMMENCING at the North~~rest corner of Section 3, 'T'ownship 19 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as sho~~~n on that certain map entitled "GRACO AG SUBDIV[SION" for Graco Ag, which map was recorded December 19~~', 1990 in Book 122 of Maps, at Pages 6 thrtz 11 in the Office of the Recorder, County of Butte, State of California; THENCE, South 00°28'06" West along the Section line between Sections 3 and 4, "hownship 19 North, Range 1 East, M.D.M., a distance of 1,158.63 feet (353.152 meters) to a point where the Centerline of Butte Creek intersects the North and South Section line between Sections 3 and 4, Township 19 North; Range 1 East, M.D.M., said point also being the ending point of that certain 60 loot wide grant of Right of Way for Aguas Frias Road (formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COUNTY OP BUTTE recorded October 9r~, 18$9 in Book 32 of Deeds at Page 261 in the Offce of the Recorder, County of Butte, State of California, said point also being on the Political Boundary line between said Counties of Glenn and Butte, and said point also being 19,76 feet (6.024 meters) Left of Engineers Centerline Station 14+646.993, as shown on said Right of Way Map E- 2552, and alsa being the POINT OF BEGINNING; "1'I IENCE, South 25°26'45" West, along said Centerline of Butte Creek and Political Boundary line, a distance of 23.39 feet (7.129 meters); 2 1~TIENCE, leaving said Centerline of Butte Creek and Political Boundary line, North 00°30'35" West, a distance of 23691 feet (72210 meters); TI-IENCE, South 89°29'25" Vl'est, a distance of 45.46 feet (13.86 meters); "1'I IENCE, North 00°30'3S' West, a distance of 306.62 feet (93.459 meters): `THENCE, North 15°10' 18" East, a distance of 136.34 feet (41.556 meters} to a point being on the ~~~esterly Right o1~ Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August Srf', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, and said point also being 38.60 feet (11.768 meters} Left of Engineers Centerline Station 14+846.261 as shown on said Right of Way Map E-2552; "THENCE, South 00°28'06' West, along said Westerly Right of Way of Aguas Frias Road, a distance of 265.89 feet (81.042 meters) to a point being the beginning of anon-tangent curve, (to the Left), having a radius of 198.90 feet (60.625 meters), (from which a radial bearing bears North 83°26'55" East, said point also being on the Westerly Right of Way line of Aguas Frias Road; "1'III~NCE, Southeasterly along the arc of said curve through a central angle of 25°42'31", a distance of 89.25 feet (27.202 meters) to the end of said curve being a point on said Westerly Right of Way line of Aguas C'rias Road lying 14.57 feet (4.441 meters) Leff of Engineers Centerline Station 14+739.700; TIiENCE, South 00°2$'06" West, a distance of 304.20 feet (92.721 meters) to the POINT OF BEGINNING. Containing: 0.42 Acres (1$,407 square feet), more or less. ~['he bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graeo Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Book 122 of Maps, at Pages 6 thrll 1 band also being shown on the Aguas }Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Together with and Subject to covenants, easements and restrictions of Record. ENll OF DESCRIPTION. APPI~(?VEll: Warner C. Phillips R.C.E. 29551 ,~ ~, ~~ ~~ . ~~~ ~~~~~ E ~~~~ ~ . ~~,.: Date: ,~,~ /~%~/i'.,~~ GRANTOR'S SiGNATURF,S Dated this......,.. day of The undersigned Successor Co-trustees of the Trust .... . ................. 2004. created under the will of Henria Y. Compton, deceased and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page 543. Signed and delivered in the presence of S"C~1"hF, OF C~ILIFORNI_A COUN"I~Y Ol On Mary Compton Goni Date C. William Johnson Date 13orel Bank & 'Crust Company Capacity to sign as i } SS. i before me, Notary Public, personally appeared Date ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by histherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~ITNGSS my hand and official seal. Notary's Signature 4 S"I'f1TE OF CEILIFORNIA COUNTY OF On before me, Notary Publie, personally appeared } } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence} to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the persons}, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature } S"fATr Oh Cf1LIFORNIA } SS. COUNTY OF On before me, Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the persons} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the salve in his/herltheir aLrthorized capacity (ies), and that by his/her/their signature(s) on dle instrument the person(s), ar the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 5 Escrotiv No. 207332 A.P. No. 029-020-017 ~~'.O. X807 File Na. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 9596 GRANT DEED For val~le received Mary Compton Goni, C. William Johnson and I3ore1 Bank c~ 'T'rust Company, Co-Trustees of the trust created under the tivill of Henria P. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to County of Butte, a political subdivision of the State of California all that real property situate in the County of E3utte, State of California, described as follows: (See EXHIBIT "B" for legal descriptions) 1 EXHIBIT "B" AGLIAS FR1AS ROAD BRIDGE AT BUTTE CREEK ACQUISITION PARCEL NO. 2 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Cornpany APN: 029-020-01.7 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 4, Township 19 North, Range I Fast, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-017, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS I=ARGO BANK, co-trustees of the trust created under the will of Henria P, Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANK & TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 11`", 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of V4'ay Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, Township 19 North, Range l East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19`f', 1990 in Book 122 of Maps, at Pages 6 thru 11 in the Offcce of the Recorder, County of Butte, State of California; 1'I-IENCE, South 00°28'06" West along the Section line between Sections 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 34.34 feet (10.468 meters) to a point being 30.00 feet (9.144 meters) Right of Engineers Centerline Station 14+989.471; said point also being on the Masterly Right of Way line of Aguas Frias Road as shourn on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUT'T'E recorded August 5`~', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder. County of Butte, State of California, as shown on said Right of Way Map E-2552, and also being the POINT OF BEGINNING; THENCE, South 00°28'06" West, along said Easterly Right of Way line of Aguas Frias Road, a distance of 732.85 feet, (223.373 meters) to a point being the beginning of anon-tangent curve, (to the Left), having a radius of 13890 feet (42.337 meters), (from which a radial bearing bears North 82°08' 11" East); 2 TI IENC'E, Southeasterly along the arc of said curve through a central angle of 28°53'34", a distance of 70.04 feet (21.350 meters} to the end of said curve being a point lying on said Easterly Right of Way line of Aguas Frias Road; "hHENC;E leaving said Easterly Right of Way line of Aguas Frias Road, North 00°30'3S' West, a distance of 83.72 feet (25.526 meters) to a point being 42.65 feet (13.000 meters) Right of Engineers Centerline Station 14+772.035, as shown on said Right of Way Map E-2552; THENCE, North 89°12'20" East, a distance of 4.92 feet (1.500 meters); THENCE, North 00°30'35"West, a distance of 93.12 feet (28.384 meters); "TIIENCE, North 11 °45'51 "West, a distance of 33.21 feet (10.122 meters); THENCE, North 02°47'41" West, a distance of 278.17 feet (84.7$7 meters); THENCE, North 00°45'48" West, a distance of 130.81 feet (39.870 meters); THENCE, North 00°30'35'' West, a distance of 178.89 feet (54.527 meters) to the POINT OF I3F(iINNING. Containing: 0.22 Acres (9,787 square feet), more or less. The bearing of South 00°30'35" Fast between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO ~G SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19~~, 1990 in Book 122 of`Maps, at Pages 6 thru 1 hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Together with and Subject to covenants, easements, and restrictions of Record. I?,ND OF DLSCRIPTION. t1PI'I2OVEll: ~%' ~'~ Warner C. Phillips R.C.E. 29551 ~ ~~ ~ ~~ ~ ~ ~~ ~C3.~1 ~~~ ,~ J~,~D7 ~~ Date: CJ ~'~? /(,? 3 GRANTOR'S SIGNATURES Dated this......... day of ....................... . ?004. Signed and delivered in the presence of "The undersigned tnistees of the trust created under the will of Henria P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and Borel Bank & Tnist Company as to an undivided 47,355 percent interest. Mary Compton Goni Date C. William Johnson Date Borel Bank & Tnist Company Date Capacity to sign as C. William Jotu~son, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. 4 S"I'A'I'E OF CALIFORNIA COUNTY OI~ } SS. } On before me, Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/herltheir signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature S"PATE. OF CALIFORNIA COUNTY O1! Oll before me, Notary Public, personally appeared } } SS. } ^ personally known to me ---0R--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 5 STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared i } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity (ies), and Chat by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNTSS my hand and oflicial seal. Notary's Signtrture 6 C1±,12T[FICATE OF ACCEPTANCE AND CONSENT "This is to certify that the interest in the real property conveyed by the Grant Deed dated from to the County of Butte, a political subdivision of the State of California, organized and existing under and by virtue of the Constitution and Government Code of the State of California, is hereby accepted by the undersigned on behalf of the County of Butte, pursuant to that authority granted by Minute Order No. 98-366 approved an December 15, 1998 and the grantee consents to recordation thereof by its duly authorized officer. COUNTY OF BUTTE DEPARTMENT OF PUBLIC ~YORKS 13v: Mike Crump Director of Public Works Date: 7 Escrow No. 207332 A.P. No. 029-020-017 & O1 b W.O. 3807 I~'ile hio. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 Counri~ Center Drive Oroville, Cn 95965 GRANT DEED Tor vahie received Mary Compton Goni, C. William Johnson and Borel Bank & Trust Company, Co-Trustees of the trust created under the will of Henria Y. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to County of Butte, a political subdivision of the State of California all that real property situate in the County of Butte, State of California, described as follows: (See EXHIBIT "B" for legal descriptions) 1 EXHIBIT `B" AGIJAS FItIAS ROAD BRIDGE AT BUTTE CREEK ACQUISITION PARCEL Nt). 3 Owner(s) C. William ,Johnson Project Number: 23201-9~-1 Mary Compton Goni Borel Bank & Trust Company APN'S: 029-020-017 & 018 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias and also being a portion of Lot 5 of hractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by .Iolu1 La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`x', 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January l 858 and shown on the Official map thereof filed for confirmation in the U.S. Surveyors General's Off-ice in San Francisco, California, all in Township 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel Numbers 029-020-017 & 018, and also being a portion shown on that certain grant deed I'~°om MARY COMPTON GONI, C. WILLIAM JOHNSON and FELLS FARGO BANK, co- trustees of the trust created under the will of Hem-ia P. Compton, deceased, for the benefit of Mai}r Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANK cYt TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June 1 1t~', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, Township 19 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru 11 in the Office of the Recorder, County of Butte, State of California; THENCE, South 00°28'Ob" West along the Section line between Sections 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 1,158.63 feet (353,152 meters) to a point where the Centerline of Butte Creek intersects the North and South Section line between Sections 3 and 4, hownship 19 North, Rance 1 East, M.D.M., said point also being the ending point of that certain 60 foot wide grant of Right of Way for Aguas Frias Road {formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COUNTY OF BUTTE recorded October 9'~', 1889 in Book 32 of Deeds at Page 261 in the 2 Office of the Recorder, County of Butte, State of California, said point also being on the Political Boundary line between said Counties of Glenn and Butte, and said point also being 19.76 feet (b.024 meters) Left of Engineers Centerline Station I4+646.993, as sho~~~~ on said Right of Way Map E- 2552, and also being the POINT OF BEGINNING; "fHENCE, North 00°28'06' East along said Section line, a distance of 304.20 feet (92.721 meters) to a point being the beginning of anon-tangent cun~e, (to the Left), having a radius of 19$.90 feet {60.625 meters), (from which a radial bearing bears North 57°47'57" East), said point also being on the ~tiesterly Right of Way Line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUT"TE recorded August 5`f', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, and said point also being 14.57 feet (4,441 meters) Left of Engineers Centerline Station 14+7;9.700 as shown on said Right of Way Map E-2552; "fHENCE, Southeasterly along the arc of said curve through a central angle of OS°33'47", a distance of l 9.31 feet (5.886 meters) to a point lying on said Westerly Right of Way line of Aguas Frias Road; I'HENCI, South 37°45'50" East, along said Westerly Right of Way line of Aguas Frias Road, a distance of 65.02 feet (19.818 meters}; TITENCE, leaving said Westerly Right of Way line of Aguas Frias Road, South 89°29'25" West, a distance of 5.71 feet (1.742 meters); "I'1IENCE, South 00°30'35" East, a distance of 956.70 feet (291.604 meters) to a point being on said Nol-thcrly Right of Way line of said Aguas Frias Road as shown on that certain decd conveying interest from QL. RAPER & ALICE M. RAPER to the COUNTY OF BUT`I E recorded August ~''', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte; State of Califoniia; THENCE, South 39°25'04" West, along said Northerly Right of Way line of Aguas Frias Road, a distance of 5098 feet (15.539 meters) to a point being on the Easterly Right of Way line of that certain 60 foot wide grant of Right of Way for Aguas Frias Road (formerly known as Goodspeed Watt Road) as shown on that certain deed conveying interest from WILLIAM JAMES and JENKIN MORGAN to the COUN'T'Y OF BUTTE recorded October 9t", 1889 in Book 32 of Deeds at Page 261 in the Office of the Recorder, County of Butte, State of California; TT~IENCE, North 00°28'06" East, along said Easterly Right of Way line of Aguas Frias Road, a distance of 81 l .04 feet {247.206 meters) to a point being in the Centerline of Butte Creek, said point also being on the Political Boundary line between said Counties of Glenn and Butte; 'T'HENCE, South 30°23'07" West, along said Centerline of Butte Creek and Political Boundary Tine, a distance of 57.25 feet (17.450 meters) to the POINT OF BEGINNING. Containing: 0,72 Acres (31,508 square feet), more or less. 3 "hhe bearing of South 00°30'35" Fast between found monLUnents, being the Section line bet~~~een Sections 33 & 34, Township 20 North, Range l Cast, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Ofliee of the Recorder of the County of Butte, State of California, I:~ecember I9`h, 1990 in Book 122 of Maps, at Pages 6 ihru l land also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this desci°iption. Together with and Subject to covenants, easements and restrictions of Record. FND OF DESCRIPTION. APPROVED: Warner C. Phillips ~ '~~' R.C.C. 29951 ~~~~~ ~h~~~~, ~ Date ,~ ~ ~ '! -!~. j~ ~ ~r ~°~ r;x~ E-,~,~.~~ l ~_ 4 GRANTOR'S SIGNA'TURGS Dated this.. , ...... day of Tl7e undersigned trustees of the trust created .................... . 2004. under the will of Henria P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and Borel Bank ~ 'hrust Company as to an undivided 47.355 percent interest. Signed and delivered in Mary Compton Goni Date the presence of ............................... C. William Johnson Date Borel Bank & Trust Company Date Capacity to sign as C. William Johnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. 5 } srl~A~rF, of cALII~ORNtA } sS. CC)tJNTY OF } On before me, Notary Public, personally appeared ^ personally known to rne ---OR--- ^ proved to one an the basis of satisfactory evidence) to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _____... Notary's Signature i STATE OF CALIFORNIA } SS, COtTNTY OF } On before me, Notary Public, personally appeared ^ personally knovv~l tome ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity (ies), and that by hislherJtheir signature(s) on the instrument the person(s), ar the entity upon behalf of which the person{s) acted, executed the instrument. WI'I`N~SS my hand and official seal, l~rotary's Signature 6 S"1'A"1'L OI~ CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared } } SS. ~. ^ personally known io me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose dame(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity (ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off cial seal. Notary's Si~~naturc 7 CERTIFICATE OF ACCEP'T'ANCE AND CONSENT "Phis is to certify that the interest in the real property conveyed by the Grant Deed dated from __ _ _ _ ___ _ __ to the County of Butte, a political subdivision of the State of California, organized and existing under and by virtue of the Constitution and Government Code of the State of California, is hereby accepted by the undersigned on behalf of the County of Butte, pursuant to that authority granted by Minute Order No. 98-36b approved on December I5, 199$ and the grantee consents to recordation thereof by its duly authorized officer. COtJN'i'Y OF BUTTE DEPARTMENT OF PUBLIC WORKS Ry Mike Crump Director of Public Works Date: 8 Escrow No. 207332 & 02300264 NS A.P. No. 015-020-003-9 (Glenn Co,) W.O. 3807 File No. 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Orovillc, CA )5965 GRANT DEED (Casement for levee purposes) For value received Mary Compton Goni, C. William Johnson and Borel Bank & Trust Company, Successor Co-Trustees of the Trust created under the will of Hcnria P. Compton, deceased, and the llecree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page 543. Grants to "the Sacramento and San Jaaquin Drainage District, acting by and through the Reclamation Board of the State of California" all that real property situate in tl~e County of Glenn, State of California, described as follows: (See EXHIBIT "B" for legal description) 1 EXHIBIT "B" AQUAS FRIAS R(?AD BRIDGE AT BUTTE CREEK AC(~UISITION FOR D~VI2 3 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Sorel Bank & Trust Company APN: 015-020-UU3-9 (Glenn Ca.} All that real property situate in an unincorporated area of the County of Glenn, State of California, and being a portion of L,at 37 of the Rancho Aguas Frias located in Fractional Section 4, "township 19 North, Range I East, M.D.M., County of Butte, State of California, and also being a portion of the County of Glenn Assessor's Parcel No. 015-020-003-9, and also being a portion shown an that certain grant deed from MARY COMPTON GONI, C, WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to Ib1ARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANK & TRUST COMPANY, co-trustees of the trust created under the will of IIenria P. Campton, deceased, for the benefit of Mary Compton Goni recorded June I lr~, 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Fight of Way Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 34, Township 20 North, Range I East, M.D.M., said corner being a found iron pipe tagged LS 5181 in the centerline intersection of Aguas Frias Road and Nelson Road as shotivn on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru 1 I, and also being shown on that certain map entitled "Record of Survey for Elizabeth Barmann Borgnino, which map was recorded in the Office of the Recorder of the County of Butte, State of California, October I7`~', 1986 in Book 101 of Maps, at Page 86; THENCE, South 00°30'35" East, along the Section line between Sections 33 and 34, Township 20 North, Range 1 East, M.D.M., a distance of 5,295.45 feet, {1614.057 meters) to a found railroad spike accepted as the Northw=est corner of Section 3, Township 19 North, Range 1 East, M.D.M. as shown on said map far Graco Ag. Tf-IENCE, South 00° 2$' 06" West along the section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 899.32 feet, (274.114 meters) to a point being on said Section line and also being on the northerly easement and Right of Way line of the West Levee of Butte Creek as shown on that certain deed from ORLIN C. HARTER and ESTER W. HARTER, 2 his wife to the SACRAMENTO AND SAN JOAQUIN DRAINAGE DIS"TRIG"I', a public agency recorded May 14th, 1957, and recorded in Book 354 Official Records at Page 597 in the Office of the Recorder, County of Glenn, State of California, said point also being 15.34 feet (4.677 meters) Left of Engineers Centerline Station 14+726.017 as shown an said Right of Way map E-2552; THENCE, South 45°24'07" West along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 62.37 feet (19,010 meters) to the POINT OF BEGINNING. THENCE, leaving said Northerly easement and Right of Way line of the West levee of Butte Creek, South 89°29'25" West, a distance of 15.32 feet (4.671 meters); "I'IIENCE, North 00°30'35" West, a distance of 215.41 feet (65.658 meters) to a point being 75.46 feet (23,000 meters) Left of Engineers Centerline Station 14+778,450; THENCE, South 30°43'38" West, a distance of 66.15 feet (20.162 meters); THENCE, South 16°16'08" West, a distance of 68.02 feet (20.734 meters); fEIENCE, South OS°51' 15" East, a distance of 112.66 feet (34.338 meters); "THENCE, South 39°53'31" Nest, a distance of 47.56 feet (14.497 meters) to a paint being the beginning of a curve, (to the L,eft), having a radius of 40.00 feet (12.192 meters); THENCE, Southwesterly along the arc of said curve through a central angle of 58°58'50', a distance of 41.18 feet (12.551 meters) to the end of said curve being a paint an said Northerly easement and Right of Way line of the West levee of Butte Creek; THENCE, North 45°24'07" East, along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 134.30 feet (40.934 meters) to the POINT OF BEGINNING. Containing: 0.26Acres (11.,514 square feet), more ar less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACQ AG SUBDIVISION" far Graco Ag, which map was recorded in the Off ce of the Recorder of the County of Butte, State of California, December 19t~, 1990 in Boak 122 of Maps, at Pages 6 thru 1 band also being shown on the Aguas Frias Road Bridge at Butte Creek Project Na. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. 3 Together ~ti~ith and Subject to covenants, easements, and restrictions of Record. END OF DESCRIPTION. APPROVED: i ,/ t ,; ~~ ~ ~' ~ ~..--~-~'" ,/~__~~,,-i Date : ~ ~ r~ W~ ner .Phillips ~"'~ ~ =~` ~ R C.L,. 29551 ~~'~~ ~~~~~~ ~~ '~~ ~' .~~9 ~ z-~ ;.r,~rc- . GRANTOR'S SIGNAT'UIZES Dated this......... day of The undersigned Successor Co-trustees of the Trust ..................... 2004. created under the will of Henria P. Compton, deceased and the Decree of Distribution of her estate, a certified copy thereof being recorded on November 28, 1962 in Book 440 of Official Records of Glenn County, at page 543. Signed and delivered in Mary Compton Goni Date the presence of ............................... C. ~~illiam Johnson Date I3orel Bank & Trust Company Date Capacity to sign as S'CA`TI~ OF CfILIFORNI~I COUNTY OF On before me, Notary Public, personally appeared } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in histher/their authorized capacity (ies), and that by his/her/their signature(s) ot~ the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 5 S"fA"fE OF CALIFORNZ~ COUN"I'Y C)F On before me, NotarS~ Public, personally appeared } } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies}, and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature } S"PATE OI' CALIFORNIA } SS. CC)UNI'Y OF } On before mc, Notary Public, personally appeared ^ personally known to Ine ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the persons} whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 6 I~;scro~~~ No. A.I'. No. W.U. File No. 207332 029-020-017 3807 242.3807 After Recording Return To: County of Butte Dept, of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED (Easement for levee purposes) For value received Mary Compton Goni, C. V4rilliam Johnson and Borel Bank & Trust Company, Co-Trustees of the trust created under the will of Ilenria Y. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to "the Sacramento and San Joaquin Drainage District, acting by and through the Reclamation Hoard of the State of California" all that real property situate in the County of Butte, State of California, described as follows: (Sec EXHIBIT "I3" for legal description) 1 EXHIBIT "B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CRF,EK ACQUISITION FOR Dti'~'R 4 Owner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN: 029-020-017 Al( that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 3, Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-017, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and V4'ELLS FARGO BANK, ca-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of iVlary Compton Goni to MARY COMP"TON GONI, C. WILLIAM JOHNSON and BOREL BANK & ~I'RUS"I' COMPANY, co-tnistees of'the trust created under the will of Henria P. Compton, deceased, far the benefit of Mary Compton Goni recorded June 11~~', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map bile No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 34, Township 20 North, Range 1 East, M.D.M., said corner being a found iron pipe tagged LS 5181 in the centerline intersection of Aguas Frias Road and Nelson Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`x', 1990 in Boak 122 of Maps, at Pages 6 thru 1 1, and also being shown on that certain map entitled "Record of Survey for Elizabeth Barmann Borgnino, which map was recorded in the OFfice of the Recorder of the County of Butte, State of California, October I7`n 1986 in Book 101 of Maps, at Page 86; "hI-IENCE, South 00°30'35" East, along the Section line between Sections 33 and 34, "Township 20 North, Range 1 East, M~D.M., a distance of 5,295.45 feet (1614.057 meters) to a found railroad spike accepted as the northwest corner of Section 3, Township 19 North, Range 1 East, M,D.M. as shown on said map for Graco Ag. THENCE, South 00°28' 06" Nest, along the Section line between Section 3 and 4, Township 19 North, Range I East, M.D.M., a distance of 908.13 feet (276,980 meters) to a point being on said Section line and also being on the Northerly easement and Right of Way line of the West Levee of Butte Creek as shown on that certain deed from ORLIN C. HARTER and ESTER W. HARTER, his wife to the SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT, a public agency 2 recorded April 29`t', 1957, in Book 887 Official Records at Page 189 in the Office of the Recorder, County of Butte, State of California, said point also being 15.50 feet (4.724 meters) Left of Engineers Centerline Station 14+723.151 as shown on said Right of Way snap E-2552; THENCE, North 44°36'03" East, along said Northerly easement and Right of Way line of the West levee of Butte Creek, a distance of 82.0$ feet (25.017 meters) to a point being 42.65 feet {13.00 meters) Right of Engineers Centerline Station 14+740.809, said point also being the POINT OF I3EGINI~ING: "hHENCE, North 00°30'35" West, a distance of 102.45 feet (31.22G meters} to a point being 42.65 feet (13.000 meters} Right of Engineers Centerline Station 14+772.035, as shown on said Right of Way Vlap E-2552; "I'HI?NCE, North 89°12'20" East, a distance of 4,92 feet (1.500 meters); THENCE, North 68°23'59" East, a distance of 31.38 feet (9.565 meters); TIIENCE, North 89°29'25" Fast, a distance of 34.09 feet {10.390 meters}; "fIIENCE, North 54°47'5"" East, a distance of 107.69 feet {32.823 meters); TI-IENCE, South 75°45'12" East, a distance of 6.39 feet (1.948 meters) to a point being on said Northerly easement and Right of Way line of the West levee of Butte Creek; "i'i 1lNCE,, South 40°57'43" West, along said Northerly easement and Right of Way line, a distance of 123.33 feet {37,589 meters) to an angle point in said Northerly easement and Right of Way line; "I~IIENCE, continuing along said Northerly easement and Right of Way line of the West levee of I3uttc Creek, South 44°36'03" West, a distance of 114.81 feet (34.993 meters} to said POINT OF 131,GINNING. Containing: 0.18 Acres (7,725 sduare feet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range I East, M.D.M., as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Retarder of the County of Butte, State of California, December l9`~, 1990 in Book 122 of Maps, at Pages 6 thru 1 band also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on felt with the Butte County Dtpartmtnt of Public Works File No. E-2552 was taken as the basis of bearings far this description, 3 Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. ~hogether with and Subject to covenants, easements, and restrictions of Record. END OF DESCRIPTION. APPROVED: ~~ "arner C. Phillips R.C.E.29951 ~~~ '~ ~ ~ ~ Date ~ ~ ~ ~.~9 ~ it i ~~i/v~ ~~,~ ~ivt~. ~~ 4 GRANTCIR'S SIGNATURES bated this......... day of The undersigned trustees of the trust created ....................... . 2004. under the will of Henna P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and Borel Bank & Trost Company as to an undivided 47.355 percent interest. Signed and delivered in Mary Compton Goni Date the presence of ............................... C. William Johnson Date ............................... Borel Bank & Trust Company Date Capacity to sign as C. WiIliam Johnson, as a married man, as his sole Lllate and separate property, as to and undivided 52.645 interest. 5 STATF. OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared 1 J } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged to me that helshe/they executed the same in his/herltheir authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~V[TNIJSS my hand and official seal. Notary's Signature STATF OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared } SS. 'r ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in histherltheir authorized capacity (ies), and that by his/her/their signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Notary's Signature 6 S"PATE OF CALIFORNIA ; SS. COUNTY OF } On before me, Notary Public, personally appeared ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his~her/their authorized capacity (ies), and that by hisJher/their signature(s) on the instrument the persons}, or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 7 Escrotiv No A.P. No. W.O. File No. 207 332 029-020-018 3807 242.3807 After Recording Return To: County of Butte Dept. of Public Works 7 County Center Drive Oroville, CA 95965 GRANT DEED (Easement for levee purposes) For value received Mary Compton Goni, C. William Johnson and Borel Bank & Trust Company, Co-Trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni, as to an undivided 47.355 percent interest; and C. William Johnson, a married man, as his sole and separate property, as to an undivided 52.645 percent interest. Grants to "the Sacramento and San Joaquin Drainage District, acting by and through the ,Reclamation Board of the State of California" all that real property situate in the County of Butte, State of California, described as follows: (See EXHIBIT "B" for legal description) 1 EXHIBIT "B" AGUAS FRIAS ROAD BRIDGE AT BUTTE CREEK ACQUISITION FOR DWR 5 Owner(s) C. ~'Villiam Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN: 029-020-018 All that real property situate in an unincorporated area of the County of Butte, State of Califonnia, and being a portion of Lot 5 of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25`h, 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof filed for confirmation in the U.S. Surveyors General's Office in San Francisco, California, all in "Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-018, and also being a portion shown on that certain grant deed from MARY COMPTON GONI, C. WILLIAM JOHNSON and WELLS FARGO BANK, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni to MARY COMPTON GONI, C. WILLIAM JOHNSON and BOREL BANIf & TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of Mary Compton Goni recorded June ll`~', 1992, under Serial No. 92-025794 in the Office of the Recorder, County of Butte, State of California, and also being shown on that certain Right of Way Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being mare particularly described as follows COMMENCING at the Northwest corner of Section 34, Township 20 North, Range 1 East, M.D.M., said corner being a found iron pipe tagged LS ~ 181 in the centerline intersection of Aguas Frias Road and Nelson Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which map was recorded December 19`x, 1990 in Book 122 of Maps, at Pages 6 thru 11 in the Office of the Recorder, County of Butte, State of California.. and also being shown on that certain map entitled "Record of Survey for Elizabeth Bannann Borgnino, recorded ,October 17`", 1986 in Book 101 of Maps, at Page 86; in the Office of the Recorder, County of Buttc, State of California: THENCE, South 40°30'35" East, along the Section line between Sections 33 and 34, Township 20 North, Range 1 East, M.D.M., a distance of 5,295.45 feet (1 f 14.057 meters) to a found railroad spike accepted as the northwest corner of Section 3, Township l9 North, Range 1 East, M.D.M. as shown on said map for Graco Ag. 2 TIIENCE, South 00° 28' 06" West, along the Section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 2,005.61 feet (611.311 meters) to a point being on said Section line and also being on the boundary line as shown on that certain property boundary line agreement between O. CLYDE HARTER, RICHARD W. HARTER, JAMES O. HARTER, GERALD C. HARTF,R and ORLIN C. HARTER and GEORGE, W. BREWER and FRANCES E. BREWER recorded April 12'x', 1966, in Book 1422 Official Records at Page 218 in the Office of the Recorder, County of Butte, State of California, and also being on the centerline of a 60 foot wide grant of Right of ti'Vay for Aguas Frias Road as showm on that certain deed conveying interest from WILLIAM JAMES AND JENKIN MORGAN to the COUNTY OF BUTTE recorded October 9, 1889, in Book 32 of Deeds at Page 261 in the Office of the Recorder, County of Butte, State of California, said point also being 34.16 feet (10.413 meters) Left of Engineers Centerline Station 14+388.834, as shown on said Right of Way Map E-2552; THENCE, North 37°06'02'' East, along said property boundary agreement line, a distance of 50.28 feet {15325 meters) to an angle point in said property boundary agreement line; THENCE, continuing along said property boundary agreement line, North 39°25'04" East, a distance of 350.07 feet (106.701 meters) to the POINT OF BEGINNING. THENCE, leaving said property boundary agreement line at a right angle, North 50°34'56" West, a distance of 40.21 feet (12.257 meters), to a point being 190.30 feet (S$.005 meters) Right of Engineers Centerline Station 14+490.70 as shown on said Right of Way Map E-2552; THENCE, North 02°29' 11" West, a distance of 10.04 feet (3.060 meters); THENCE, North 23°49' 13" East, a distance of 102.46 feet (31.231 meters) to a point being the beginning of a curve, (to the Right) having a radius of 229.66 feet (70.00 meters); THENC'F_, Northeasterly along the arc of said curve through a central angle of 35°39'05", a distance of 142.90 feet (43.556 meters) to the end of said curve; THENCE, North 59°28' 1$" East, a distance of 87.15 feet (26.563 meters) to a point being 402.01 feet (122.531 meters) Right of Engineers Centerline Station 14+567.1$8 as shown on said Right of Way Map E-2552, and also being on the Westerly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; THENCE South 42°42'34" East, a distance of 56.36 feet {17.177 meters) to a point being on said property boundary agreement line, said point also lying within that certain Right of Way granted from MARY JAMES {a single person), HARRIETT M. SKAGGS (a single person), JAMES H. DOOLITTLE and SUSAN DOOLITTLE (his wife) to the COUNTY OF BUTTE, State of California recorded August 5`~, 1921 in Book 195 of Deeds at Page 82 in the Office of the Recorder, County of Butte, State of California, and also lying within that certain Right of Way granted from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE, State of California recorded 3 August 5`~', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; THF_,NCE, South 47°17'26" West, along said property boundary agreement line, a distance of 57.2$ feet (17.459 meters) to an angle point in said property boundary agreement line; THENCE, South 44°16'53" West, along said property boundary agreement line, a distance of 104.51 feet (31.855 meters) to an angle point in said property boundary agreement line; THENCE, South 39°25'04" West, along said property boundary agreement line, a distance of 159.94 feet (48.749 meters) to the POINT OF BEGINNING. Containing: A net area of 0.19 Acres (8,493 square feet), more or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled ``GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19`h, 1990 in Book 122 of Maps, at Pages 6 tlu-u l hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-1 Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. Excepting therefrom any portion there of lying within that grant of right of way and easement between GF,ORGE W. BREWER and FRANCES E. BREWER, his wife and SACRAMENTO AND SAN JOAQllIN DRAINAGE DISTRICT, a public agency recorded August 10`h, 1954, in Book 733 Of~eial Records at Page 375 in the Office of the Recorder, County of Butte, State of California. Together with all underlying fee appurtenant to the above-described parcel in and to the existing levee deed. Together with and Subject to covenants, easements, and restrictions of Record. END OF DESCRIPTION. APP OVED: 1 arner C. Phillips R.C.E. 29951 Date: D 4 GRANTOR'S SIGNATURES Dated this......... day of ....................... . 2004. Signed and delivered in the presence of The undersigned trustees of the trust created under the will of Henria P. Compton, deceased for the benefit of Mary Compton Goni, C. William Johnson and Borel Bank & Trust Company as to an undivided 47.355 percent interest. Mary Compton Goni C. William Jolu~son Borel Bank & Trust Company Date Date Date Capacity to sign as C. William Johnson, as a married man, as his sole Date and separate property, as to and undivided 52.645 interest. 5 STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared } } SS. } ^ personally known to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand aid off cial seal. Notary's Signature S'l'A"I'E OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared i 1 } SS. } ^ personally knov~m tome ---OR--- ^ proved to me on the basis of satisfactory e~ridenee) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity (ies), and that by his/herltheir signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature 6 STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared } } sS. } ^ personally kno~~=n to me ---OR--- ^ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnunent. WITNESS my hand and official seal. Notary's Signature 7 F,XHII3I I' "B" AGIIAS FI21AS ROAD I3ItiDGE AT BUTTE CRI?F,K ABANDONMENT PARCEL "A" Owner(s) C. William Johnson Project Number: 23201-9~-1 Mary Compton Goni Borel Bank & Trust Compa»y APN'S: 029-020-01.7 & 018 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Friar located in Fractional Section 3, "Tatvnship 19 North, Range 1 Fast, M.D.M., County of Butte, State of California, and also being a portion of Lot 5 of Fractional Section 3, as shown oil the Subdivision of the Rancho ~'lguas Frias by John La Crone shown 0n the Official Maps filed in the Office of the Recorder of the County of Butte, State 01~ California, 011 September 25`x', 1876 in Map Book 5, at Page 28, and also, as surveyed by J. L. Trask in January 1858 and shown on the Official map thereof filed for confirmation in the U.S. Surveyors General's Office in San Francisco, California, all in Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No's 029-020-017 & O1$, and also being shown on that certain Right of ~Vay Map on file in the Butte County Department of Public Works Right of Way Map File No. E-2552 and also being more particularly described as follows; COMIt~1ENCING at the Northwest corner of Section 3, 'I~ownship 19 North, Range I East, M.D.M., said corner being a found and accepted railroad spike in the centerline 0f Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Chaco Ag, which Map was recorded December 19°i, 1990 in BOOk 122 of Maps, at Pages 6 thru 1 1 in the Office of the Recorder, County of Butte, State of California; 'THENCE, South 00° 28' 06" West along the Section line between Section 3 and 4, Township 19 North, Range 1 East, M.D.M., a distance of 854.47 feet (260.431 meters) to a point being on said Section line, and also being 15.71 feet (4.789 meters) Left of Engineers Centerline Station 14+719.343; THENCE, at right angles to said Section line, South 89°31'54" East, a distance of 51.43 feet (15.677 meters) to a point lying on the Southwesterly Right of Way line of Aguas Frias Road as shown on that certain deed conveying interest from O,L. RAPEIL & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County 0f Butte, State of California, said point also being the POINT OF BEGINNING; TI-IENCL, North 89°29'25" East, a distance of 6.94 feet (2.1 I4 meters}; Abandonment Parce] "A" Page 1 0f 4 Project No. 23201-95-1 APN. 029-020-017 & 018 THENCE, North 00°30'35" West, a distance of 90.00 feet (27.431 meters); to a point lying on the Northeasterly Right of Way line of Aguas Frias Road as shown within that certain deed conveying interest from O.L. RAPEK ~ ALICE M. RAPER to the COUNTY OF BUI°TE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; `I~I-IENCE, South 37°45'50" I/ast, along said Northeasterly Right of Way Iine of`Aguas Frias Road, a distance of 668.53 feet (203.769 meters); `I'1 IENCE, South 17°56'06" East, along said Northeasterly Right of Way Iine of Aguas Frias Road, a distance of 74.12 feet (22.593 meters), to a point being on the property boundary agreement line as shown on that certain property boundary line agreement between O. CLYDE HARTER, RICHARD W. IIARTER, JAMES O. IIARTER, GERALD C. HARTER and OI2LIN C. 1-IARTER and GEORGI: W. BREWER and FRANCIS E. BREWER recorded April 12`x', 1966, in Book 1422 Official Records at Page 218 in the Office of the Recorder, County of Butte, State of California, said point also lying within that certain 35 foot strip of land granted from MARY JAMES (a single person), HARRIETT M. SKAGGS (a single person), JAMES H. DOOLITTLE and SUSAN DOOI_ITTLE {his wife) to the COUN"TY OF' BUTTE, State of California recorded August ~`~', 1921 in I3ook l 95 of Deeds at Page 82 in the Off-ice of the Recorder, County of Butte, State of California, and also lying within that certain 60 foot wide strip of land granted from O.L. KA~PER & ALICE M. RAPER to the COUNTY OF BUTTE, State of California recorded August St}', 1921 in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California, and said point also being 469.55 feet (143.118 meters) Right of Ingineers Centerline Station 14+562.159 as sho~m on said Right of Way Map E-2552; THENCE, South 47°17'26" West, along said property boundary agreement line, a distance of 97.35 feet {29.673 meters) to an angle point in said property boundary agreement line; "CHENCE, South 44°16'53" West, along said property boundary agreement line, a distance of 104,51 feet (31.855 meters) to an angle point in said property boundary line; THENCE, South 39°25'04" West, along said property boundary agreement line, a distance of 457.76 feet (139.524 meters) to a point being 30.00 feet (9.144 meters) Right of Engineers Centerline Station 14+413.224; "THENCE, leaving said property boundary agreement line, North 00°30'35" West, a distance of 46.74 feet (14.247 meters), to a point being on the Northerly line of said 35 foot strip of land granted from MARY JAMES (a single person), HARRIETT M. SKAGGS (a single person), JAMES H. IllOOLI"TILE and SUSAN DOOLITTLE (his wife} to the COUNTY OF BUTTE, State of California recorded August 5`h, 1921 in Boak 195 of Deeds at Page 82 in the Office of the Recorder, County of Butte, State of California; Abandonment Parcel "A" Page 2 of 4 Project No. 23201-95-1 APN. 029-020-017 & 018 "I~I-IENCE, North 39°25'04" Last, along said Northerly line of said 35 1`oot strip of land, a distance of 423.19 feet (128.987 meters); TIIENCE, North 44°16'53" Last, along said Northerly line of said 35 foot strip of land, a distance of 101.85 feet (31.045 meters); "I'IIENCE, North 29°20'33" East, along said Northerly line of said 35 foot strip of land, a distance of 62.42 feet (19.026 meters), to a point lying on the Southwesterly Right of Way line of Aguas hrias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Page 83 in the Office of the Recorder, County of Butte, State of California; WHENCE, North 17°56'06" West, along said Southwesterly Right of Way line of Aguas Frias Road, a distance of 37.37 feet (1 1.392 meters); fIIENCE, North 37°45'50" West, along said Southwesterly Right of Way line of Aguas I~'rias Road, a distance of 590.61 feet (180.019 meters), to the POINT OF BEGINNING. Containing: l .39 Acres (60,437 square feet), mare or less. The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, "Township 20 North, Range 1 East, M.D.M., as shown on that certain map entitled ``GRACO AG SUBDIVISION" for Graco Ag, which map was recorded in the Office of the Recorder of the County of Butte, State of California, December 19'x', 1990 in Book 122 of Maps, at Pages 6 thru l 1,and also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-I Right of Way Map, on file with the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. I;XCEP"KING AND RESERVING, any existing public service easement as defined in Streets and Highways Code Chapter 1 of Part 3 of Division 9 in Section 8306, and/or rights at any time, or from time to time, to maintain, operate, replace, remove, renew and enlarge the existing public seltirice facilities and facilities incidental thereto, including access to protect the property from all hazards in, upon, and over the highway herewith to be abandoned. All of that portion of property denoted as ABANDONMENT "A" on said Right of Way map E- 2552 is hereby combined with and become a part of those lands as described in that grant deed from MARY COMPTON GONI, C. WILLIAM JOHI'~ISON and WELLS FARGO BAND, co- trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of MARY COMPTON GONI; to MARY COMP"I'ON GONI, C. WILLIAM JOI-INSON and BOREL BANK ~ TRUST COMPANY, co-trustees of the trust created under the will of Henria P. Compton, deceased, for the benefit of MARY COMPTON GC)Nl recorded June 11, 1992, under Serial number 92-025794 in the Office of the Recorder, County of Butte, State of California. No additional lots or parcels are created hereby. Abandonment Parcel "A" Page 3 of 4 Project No. 23201-95-1 APN. 029-020-417 & 018 Together with all underlying fce appurtenant to the above-described parcel in and to the existing levee decd. See Right of Way Map on file at the Butte County Deharttnent of Pub}ic Works File No. E-2552. END OF DESCRIPTION. APPI~VED: ~ ;` ~ a per C. Phillips }Z.C.L. 2951 Abandonment Parcel "A" Project No. 23201-95-1 4 ~ -~° ~ ~ ~ ~( ~ ~td- ~- ~ ~~ ~ eQ`...a. ~ ~~3`! -r, j ~t"~' ~ ,'"f late: ~C,~ ;'~ ~ ---- l ~' ~° Page 4 of 4 APN. 029-020-017 & O1 ~ EXHIBIT "B" AQUAS FI2IAS ROAD BRIDGE AT BUTTE CREEK EASEMENT AREA DESCRIPTION Oti~~ner(s) C. William Johnson Project Number: 23201-95-1 Mary Compton Goni Borel Bank & Trust Company APN'S: 029-020-018 All that real property situate in an unincorporated area of the County of Butte, State of California, and being a portion of Lot 37 of the Rancho Aguas Frias located in Fractional Section 3, Township 19 North, Range 1 East,. M.D.M., County of Butte, State of California, and also being a portion of Lot 5 of Fractional Section 3, as shown on the Subdivision of the Rancho Aguas Frias by John La Croze shown on the Official Maps filed in the Office of the Recorder of the County of Butte, State of California, on September 25t~', 1876 in Map Book 5, at Page 28, and also, as surveyed b_y J. L. Trask in January 1858 and shown on the Official neap thereof filed for confirmation in the U.S. Surveyors General's Office in San Francisco, California, all in Township 19 North, Range 1 East, M.D.M., County of Butte, State of California, and also being a portion of the County of Butte Assessor's Parcel No. 029-020-018, and also being shown on that certain Right of ~~ay Map on file in the Butte County Department of Public Works Right of EVay Map File No. E-2552 and also being more particularly described as follows COMMENCING at the Northwest corner of Section 3, Toti~IShip 19 North, Range 1 East, M.D.M., said corner being a found and accepted railroad spike in the centerline of Aguas Frias Road as shown on that certain map entitled "GRACO AG SUBDIVISION" for Graco Ag, which Map was recorded December 19`x', 1990 in Book 122 of Maps, at Pages 6 thru 1 1 in the Office of the Recorder, Couniy of Butte, State of California; "THENCE, South 00° 28' 06" Nest along the Section line between Section 3 and 4, Township I9 North, Range I East, M.D.M., a distance of 1860.81 feet (567.176 meters) to a point being on said Section line; THENCE, at right angles to said Section line, South 89°31'54" East, a distance of 61.76 feet (18.823 meters) to a point being 30.00 feet (9.144 meters) Kight of Engineers Centerline Station 14+432.67$, and also being the POINT' OF BEGINNING; TIIENCE, North 39°35'2S" East, along the Northerly toe of the East levee of Butte Creek, a distance of 248.87 feet (75.857 meters); 'hCE Easement Area Description Page 1 of 3 Project No. 23201-95-1 APN. 029-020-018 THENCE, leaving said Northerly toe of the Fast levee of Butte Creek, North 02°29' 11" West, a distance of 10.04 feet (3.060 meters); '1~1 ~F,NCE, North 23°49' l 3" East, a distance of 102.46 feet (~ 1.23 I meters) to a point being the beginning of a curve, (to the Right) having a radius of 229.66 feet (70.00 meters); THENCE, Northeasterly along tl~e arc of said curve through a central angle of 35°39'05", a distance of 142.90 feet (43.556 meters) to the end of said curve; "TI IENCI~, North 59°28' 18" East, a distance of 87.15 feet (26.563 meters) to a point being 402.01 feet {122.531 meters) Right of Engineers Centerline Station 14+567.J 88 as shown on said Right of Way Map E-2552, and also being on the Westerly Right of Way line of Aguas Prias Road as shown on that certain deed conveying interest from O.L. RAPER & ALICE M. RAPER to the COUNTY OF BUTTE recorded August 5, 1921, in Book 195 of Deeds at Pa~,e 83 in the Office of the Recorder, County of Butte, State of California; TIfENCE, North 17°56'06" West, along said Westerly Right of Way line of Aguas hrias Road, a distance of 29.26 feet (8.918 meters); THENCE, North 37°45'50" West, along said Westerly Right of Way line of Aguas I'rias Road, a distance of 444.70 feet (135.546 meters} to the Southeasterly top of bank of Butte Creek; THENCE, South 32°22'21" West, along said Southeasterly top of bank of Butte Creek, a distance of 70.83 feet (21.591 meters); THENCE, continuing along said Southeasterly top of bank of Butte Creek, South 27°05'27" West, a distance of 108.07 feet (32941 meters); TI-IENCE, continuing along said Southeasterly top of bank of Butte Creek, South 24°24'36" West, a distance of 13.08 feet (3988 meters) to a point being on the proposed Easterly Right of Way line of Acquisition Parcel No. 3 as shown on said Right of Way Map E-2552; THENCE, South 00°30'35'" East, along said proposed Easterly Right of Way line of Acquisition Parcel No. 3 as shown on said Right of Way Map E-2552, a distance of 656.36 feet (200.058 meters) to the POINT OF BEGINNING. Containing: 3.61Acres (157,084 square feet), more or less. TCI I?asement Arca Description Page 2 of 3 Project No. 23201-95-1 APN. 029-020-018 The bearing of South 00°30'35" East between found monuments, being the Section line between Sections 33 & 34, "I~o~~~nship 20 North, Range 1 East, M.D.M., as shown on that certain map entitled "GRACO AU SUBDIVISION" for Graeo Ag, which map was recorded in the Office of the Recorder of the Co~mty of Butte, State of California, December 19`x, 1990 in Book 122 of Maps, at Pages 6 thru 1 hand also being shown on the Aguas Frias Road Bridge at Butte Creek Project No. 23201-95-I Right of Way Map, on file wish the Butte County Department of Public Works File No. E-2552 was taken as the basis of bearings for this description. APPROVED: ~ ,, ~~~~ -. W r r C. Phillips RC.E. 2951 TCE Easement Area Description Project No. 23201-95-I .--' ~~~`' Date ~~R --- ~~ ~ ~ ~ e~ . ~ ~ ,d -~~-~ I Page > of 3 APN. 029-020-0 18 ATTACHMENT 1 EXHIBIT C COPY OF PROPOSED RESOLUTION BOARD OE SUPERVISORS, COUNTY OF I3U'T'hE, STATE OE CALIFORNIA R~s~lutiofz Na. Rl?SOLU"PION OF NI?CI?SSITY REGARDING AC(1UIS1"PION Oh IZh;AL 1'ROPI?R"I'Y OR INI'I?RI?ST IN REAL PROYP;It"I'Y SY EMINENT DOMAIN EOI2 PUBLIC ROAD PURPOSES; ROAD CONS"CRUCTION (CALll~012NIA CODE OE CIVIL PROCEDURE, ~I2=4~.230(<Y), FEDERAL BRIDGE, RI?PLAC 1?:~1EN"I' I'RO.IECT NO. STPLF-5912(pl-t), S"I'A"I'F: BRIDGE NO. 12G233 S 23-I, COUNTV PROJI?CT NO. 23201-9S-1, PARCEL NO'S 029-020-012, 017 ~S; 018 (BU"I"Ci~? COUNTY} zC PARCEL NO. OlS-020-003-9 (GLENN COUN"I'Y}, I~hc E3uttc County Board ol~Supcrv~isors, by vote oftwo-thirds or more u(~its members, ENDS, UE'CL;I2MINE.S, DECLARES, AND RF;SOLVI?S that: I . Co~mty of~E3utte and the 1=cdcral [Ji~~hway fldministration, intends to replace the hrid~~e t>ti~cr E3uttc C'rccl: on /~~~uas k~~rias Road. ~l~hc "~~rojeet". a E~ublic nsc, and. in connection therctivith, acc~uirc interests in certain real property. Said pru,ject is for a public use which is a function ol~the County of~l3uttc. ?. County of Butte is authorized to acquire the properly shorn in Exhibit ~1 and dcscrihcd in E~hihit 13 hcrcin and exercise the power of eminent domain for the public use set lorth herein in accordance ~4ith the California Constitution and the California Eminent Domain Law, Code o(~Civil I'rocedurc j f 230.010 et seq. and pursuant to Government Code ~2~350.~; Streets and 1 fi~~hwavs Code j~)~4 ~ and Code of~Civil Procedure j 12~O.d I (~ (uneconomic remnant}. ~. `f~he property to he ~icquired is more particularly shown in Exhibit /~ and dcscrihcd in l;xhibit [3, attached hereto and incorporated herein by reference together thcreof~. d. On July 19. 2004, there tivas mailed a Notice of'1 lcarin~a on the Intent of~thc I3uttc Count~~ Board of~ Supervisors to ;ldopt a Resolution of Necessity for acquisition by eminent domain of the real propert~~ shown in E~:xhibit ~1 and dcscrihcd in Exhibit f3 herein, tivhich Notice of~ llearin~~ is accompanies the. Resolution oC Necessitr~ and is incorporated hcrcin by this reference. Said Notice of f~~al'In~.? 4G~~IS I11aI~Cd ttl A~~ ~~CI"SC)nS ~VhOSC namCS appe8r l)n lhC ~a51 CC~Ua~IZCd ~~ULinl)' f~SSCSSIlICIlt ~~0~~ aS havin~~ an interest in the property dcscrihcd in Inhibit 13, and to the address appearing on said Roll. Said Notice of~ I learin~~ advised said persons of their ri~~ht to be heard on the matters referred to therein on the date and at the time and place stated therein. ~. ~I~hc hearing referenced in said Notice o1~ l Icaring was held on 3 /~u~aust, ?UO-~ at the time ~u1d pfaCe Slati:d t~lel'Cln, and fdl IlltereSted partlCS ~b'CI"e gIVCn all Opf~Ql'lUnlty to bC hCAi"d. ~ hC heal'In~~ t1~a5 CIOSCd. 6. E3ased upon the evidence presented, the E3uttc County Board of~ Supervisors vote of two- thirds or more obits members, i'urther I~INI~S, ICE"I~ERMINES, DECLnRE~S nNl~ RESOI.VE.S cacti ul~thc followin~~: a. 'I~he public interest and necessity require the proposed project. b. "I'hc proposed project is planned or located in the manner that will be most compatible with the ~~reatest public good and the (cast private injury. c. "fhe property shu~~~n in Exhibit A and described herein in Exhibit B is necessary for the praposcd project. d. /\ portion of~the property to be aa~uircd is a remnant and, althou~~h a necessary component of the project itself, is also being acquired pursuant to Code of Civil I'roced~u~e ti I?40.41~ c. "I~hc offer rei~uired by ~7267.2(a) of the Government Code, to~~ethcr ~~~ith the aCCOI11panyU1g slateillenl O1 and snlllmiU'y o~ the baS1S Cl?I` the amount Cslab~(shed aS ~nSi compensation, was made to the owner or owners of record, which oflcr and accompanyin~~ statement/summary were in a corm and contained all the tactual disclosures provided by Government Code ~7?67?(a). I~. nll conditions and statutory requirements necessary to exercise the poti~cr ol~ eminent domain ("the ri~~ht to take") to ac~~uirc the property described herein have been complied ~~~ith b~ the County of Butte. 7. ~(~he (3utte County E3oard ol~Supervisors further FINDS. DI."I1~.RMINES, Dt~:CLAIZES ~1Nf) I:I~:SOI.VI~:S that Cixu~t~ CollnsC) and Contract Counsel, l3rucc .~~Ibert, arc hereby ~1U"l~l IC)lrl"l.I~:D and I:MPC?VVERI~.D: a. ~l~o acquire in the name oCl3utte County, by condemnation. the property described in Exhibit C3, attached hereto and incorporated herein by this reference in accordance ~~~ith the provisions of the California Eminent Domain Law and the Constitution oCCalifornia: b. ~fo acquire the property in Ice simpic absolute unless a lesser estate is described in Exhibit l3. herein: c. ~I~o prepare or have preparcxi and to prosecute in the name of the County of Butte such proceedings in the proper court as arc necessary for such acquisition; d. 'fo deposit the probable amount o(~compcnsation, based on an appraisal, and to apply to said court lur an order permitting the County ol~ E3utte to take immediate possession and use of said propert}' for said public uses and purposes. PASSED AND ADOYT[~.D by the E3oard of Supervisors ol~the County ol~[3uitc, State uf~ California, this day of . ?004, by the followin~~ vote: AYES: N(JF:S: AI3S1?N"I': NOT VOTING: IZ..f. [3eelcr, Chair, Board of Supervisors County of Butte, State ofCalilornia r1~1'1~I~:S'I~: ChicClldministralive Ul~ficcr and Clcrl: of~thc Board of~Supcrvisors I3~. Clerl:/Ucputy ATTACHMENT 2 Dale: (Must be prior to t'1u~~ust ?, ?OU~Lj Clerk of`the Board E3uttc County (3oard ol~Supcrvisors ?5 County Center Urive Orovillc_ C~~ 9~9G5 Rc: Notice to Appear and Be Heard, Federal l~rid~;e Replacement Project No. S"1'PL1~'- 5912(01=~), State 13ridgc No. 12C-233 & 23-x, Counh~ Project No. 23201-95-1, Assessors Parcel No's 02t)-020-012, 017, & 018 (13uttc County} & 015-U20-0032-9 (Glenn County). I lonorable Board o1~Supervisors: The County of~ Butte has notilicd me anti ~~resented an uClcr to purchase a portion ol~ n~~; ~~ropert~~ <<> cumplele the n~~uas I~rias Road 13rid~ze Rc~~laccment 1'rojcct over 13utt~ Creek. I understand that due to requircmenis set forth by the State of California to enable the Co~u~t~~ to 4eCUt`e fUI~C{lll~~ ti}1' the reCC?llSlrUCllC>IZ ~?1~0~(:Ct, a~_',l'CC111CI115 C)1" rl<~?hl C~~ pC)SSCS51011 jUl' reyuircd right ~~f~~ti~a~~ is rcyuircd in order to ccrtil~~' the co»sU~uction project 1«r Cundin~u. i respectively request to appear at the public hcarin~~ set luurth on August 3, ?004. a~ 1 l :OU a.m. in the Butte County E3oard ol~ Super~~~isohs ~lcctin~~ Roo~~~ lacatcd at ?~ C'c~u~~ty Ce~~tcr f~rivc, Oroville C'A, and have my concerns heard in re~~ards to the proposed fidc~ptiun ol~ a lZcsolution ol~ Nccessit_v to tlcgrurc property o~~ncd by me. utilizing! L;minrnt I7on~lain procedures. A map and description of the prohcrty bcin~a ct>nsidercd (ter acrluisition, marked Exhibit ~1 and l~xhibit li, have been received by m~~self~ alone ~~~ith the prop~>sed Resolution of Necessity and a copy ol~cach has been pro~~ided. `~inccrely, C. William Johnson, etal