The URL can be used to link to this page

Home My WebLink About04-216~~~t.t^t~s+t ~~s ~~ ;IUP, r,+ ~•i '. f ////~~ ~• !E ~~/I ^ r .*; '*. ~i~~. ~~Nr~ '••.R; covr„~.••' if1/ttttt'* BOARD OF SUPERVISo1~S COUNTY OF BUTTE, STATE OF CALIFORNIA Resolution No. 0~-216 RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION {CODE OF CIVIL PROCEDURE §1245.230(a)), OROVILLE-QUINCY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 119-2(4), PARCEL N0.061-440-025 The Butte County Board of Supervisors, by vote of two-thirds or more of its members, FINDS, DETF,RMINES, DECLARES, AND RESOLVES that: 1. County of Butte and the Federal Highway Administration, intends to reconstruct the Oroville-Quincy FH-119 Highway. The "project", a public use, and, in connection therewith, acquire interests in certain real property. Said project is for a public use which is a function of the County of Butte. 2. County of Butte is authorized to acquire the property shown in Exhibit A and described in Exhibit B herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of` Civil Procedure § 1230.010 et seq. and pursuant to Government Code 425350.5; Streets and Highways Codey~943 and Code of Civil Procedure § 1240.410 (uneconomic remnant). 3. The property to be acquired is more particularly shown in Exhibit A and described in Exhibit B, attached hereto and incorporated herein by reference together thereof. 4. On November 10, 2004, there was mailed a Notice of Hearing on the Intent of the Butte County Board of Supervisors to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property shown in Exhibit A and described in Exhibit B herein, which Notice of Hearing accompanies the Resolution of Necessity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit B, and to the address appearing on said Roll. Said Notice of 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 30 November, 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 Supervisors vote oftwo- thirds or more of its members, further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following: a. The public interest and necessity require the proposed project. b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The property shown in Exhibit A and described herein in Exhibit B is necessary for the proposed project. d. A portion of the property to be acquired is a remnant and, although a necessary component of the project itself, is also being acquired pursuant to Code of Civi] Procedure § 1240.410 e. The offer required by §7267.2(x) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statemendsummary were in a form and contained a]1 the factual disclosures provided by Government Code §7267.2(x). f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Albert, are hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of Butte County, by condemnation, the property described in Exhibit B, attached hereto and incorporated herein by this reference in accordance with. the provisions of the California Eminent Domain Law and the Constitution of California; b. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit B, herein.; c. To prepare or have prepared and to prosecute in the name of the County of Butte such. proceedings in the proper court as are necessary for such acquisition; d. To deposit the probable amount of compensation based on an appraisal, and to apply to said court for an order permitting the County of Butte to take immediate possession and use of said property for said public uses and purposes. 2 PASSED AND ADOPTED by the Board of Supervisors of the Co~mty of Butte, State of California, this 30`f' day of November, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSF,NT: Supervisor Josiassen NOT VOTING: None ,; f R. J. Beelef, Chair, Board of Supers-isors County of Butte, State of California ATTEST: PAUL E. McIN"POSH Chief Administrative Officer and Clerk of the Board of Supervisors By ~:~ ~~~ ~ - , ,~ C1erklDeputy 3 EXHIBIT A i _ ~= . ~~ ~ _ N ' b. 3 U w ~ a - i ~~ ~ ~ k/. ~ i ~yLL I >- Q G~ ~- x ~ _ w o ~ 2~ >-~~ ~ ~~' ~ z ~ I n d z ~ ~ _ ~ o oo~ ~ ~ ~ s i ~ ~ ~ ~ ~ -~ W _ _ i, - i ~~ - i i i „~ ,, ~. ~ _ ~ ~ ~ z _ ~ ~ ~ ~.__. ~-._ ___ ~~ U ~. ~ t._ FXIIIBI'T I3 "EXHIBIT B" PARCEL NO. P1~-1 Owner: Danysh, Gregory From: Sta. 4+714 Tax Parcel: 061-440-025-000 To: Sta. 4+978 Project NO: CA PPH 119-2(4) Project Name: QUINCY-OROVILLE HIGHWAY In: BUTTE COUNTY, CA A parcel of land within the Southwest Quarter of Section 14, Township 21 North, Range ~ East from the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 1993846009 in the Official Records of said county, described as follows: Beginning at a point from which the South Quarter Corner of Section 14, Township 21 North, Range 5 Fast, which is ~nonumented by a BLM monument, bears South 69° 21' 07" East a distance of 1,023.29 feet (311.898m}. Said point being on the westerly line of said parcel and on the existing centerline of the Oroville-Quincy highway. 1. "1~hence along said westerly line, North 13° 00' 00" West, non-tangent with the following described curve, a distance of 49.21 feet (15.OOOm} to a point of curvature; 2. Thence along the arc of a curve to the left having a radius of 259.19 feet (79.000m}, an arc length of 30.41 feet (9.270m), through a central angle of 06° 43' 23", a chord which bears North 24° 53' 19" East, 30.39 feet (9.264m); 3. Thence hlorth 68° 28` 26" West a distance of 19.69 feet (6.OOOm); 4. "Thence North 21° 31' 34" East a distance of 101.74 feet (31.01 Om) to a point of curvature; 5. Thence along the arc of a curve to the right having a radius of 367.45 feet {112.000m), an arc length of 270.19 feet (82.353m), through a central angle of 42° 07' 46", a chord. which bears North 42° 35' 27" East, 264.14 feet (80.51 lm); 6. `T'hence North 26° 20' 38" West a distance of 9.84 feet (3.OOOm}; 7. Thence North 63° 39' 22" East a distance of 311.07 feet (94.815m); 8. Thence South 26° 20' 38" East a distance of 22.97 feet (7.000m} to a point of curvature; 9. Thence along the arc of a curve to the left having a radius of 137.80 feet (42.000m), an arc length of 65.39 feet (19.934m), through a central angle of 27° ll' 20", a chord which bears North 50° 03' 38" East, 64.78 feet (19.744m); Page 1 of 3 3 2712004 \~:;PIZ.O.ILC"T'S\21 lOPI31i\Lcgals\LEGAI,S FOR RESOLUTION OF NECESSITY TO r1CQUIRE\RNA-p14-l.doc 10. Thence North 36° 28' O1" East a distance of 34.99 feet (10.665m) to a point on the northerly line of said parcel; 1 1. Thence along said northerly line, North 87° 00' 06" East a distance of 4397 feet (13.403m) to a point on the existing centerline of the Oroville-Quincy highway; 12. Thence along said centerline the following courses: South 36° 23' 04" West a distance of 1.28 feet (0.389m), 13. Thence South 37° 02' 00" West a distance of 33.61 feet (10.244rn); 14. Thence South 43° 34' 25" West a distance of 67.11 feet (20.454m); 15. Thence South 62° 19' S0" West a distance of 63.57 feet (19.375m); 16. 'Thence South ?2° 33' 31" West a distance of 66.53 feet (20.278m); 17. Thence South 66° 41' 19" West a distance of 69.44 feet {21.164m}; 18. Thence South 56° 16' Sl" West a distance of 34.04 feet (10.374m); 19. Thence South 51° 21' 39" West a distance of 68.07 feet (20.749m); 20. Thence South 55° OS' 42" ~~i~est a distance of 69.43 feet (21.163m); 21. "Thence South 59° 06' 41" West a distance of 68.65 feet (20923m); 22. Thence South 58° 24' 21" West a distance of 34.21 feet (10.42$m); 23. "Thence South 46° 40' 36" West a distance of 74.77 feet (22.789m); 24. Thence South 17° 29' 04" West a distance of 74.48 feet (22.703m}; 25. Thence South 08° 23' 44" West a distance of 66.63 feet (20.308m) 26. 'Thence South 21° 33' 12" West a distance of 64.56 feet (19.678m) 27. Thence South 37° 50' 23" West a distance of 17.91 feet (5.459m) to the Point of Beginning. Containing: A gross area of 0.79 acres (0.320 hectares), more or less, of which 0.73 acres (0.297 hectares), more or less, lies within existing highway right-of--way, leaving a net area of 0.06 acres (0.023 hectares), more or less. Page 2 of 3 ~r271200~9 w:APIZC~JI C~I~S~21 if)PHII\l,cga]ssI.EGALS hOR RESOLUT[ON pF NGCT;SSITY TO ACQUIRE\RNA-pI4-l.doc Basis of Bearings: Bearings for this description are based on the measured bearing of North 02° 07' 25" West between the South Quarter Corner of Sectian 2~, and the Center-South Sixteenth Corner of Section 22 Township 21 North ,Lange 5 East, Mount Diablo Base and Meridian. '1 he South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOmm capped iron pipe "USFS BDY T21N RSE 1968 LS 3332". Page 3 of 3 3i2~%2001 «~:APROJIJC"TS\21 IOPfIII\Legals\LE~ALS FOR RESOI,U"ITON OI' NIJCTSSI~I~Y "l~0 ACQL'I1ZIARN,~-p]4-I.d~c