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Home My WebLink About04-217~•.•0~; .SUpk;'•.. ~ •.......... .~l •~ +• •••• •• ' •• „~4. ..r~,.~ . •. o. 4 Qv ~ ~ + M ~~ .~. :~. ` ' ' = BOARD OF SUPERVISOR *: * • ~~a ~ : i %"~'•• ; ~ ~~+, ~ :'~ t.• f COUNTY OF BUTTE, STATE OF CALIFORNIA ,• , , • '?- . ~'~.?~'••~......••,,~, ;:•' ' Resolution No. 04-217 •.. cov~ .•• , ,, RESOLUTION OF NECESSITY REGARDING ACQUISITION OF RF,AL PROPERTY OR INTEREST IN REAI. PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION (CODE OF CIVIL PROCEDURE §1245.230(x)), OROVILLE-QUINCY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 119-2(4), PARCEL N0.062-390-014 The Butte County Board of Supervisors, by vote of two-thirds or more of its members, FINDS, DETERMINES, 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~~'25350.5; Streets and Highways Code §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 properly described in Exhibit B, and to the address appearing on said Ro11. 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. "fhe 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 Civil Procedure § 1240.410 e. The offer required by §7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statementlsummary were in a form and contained all the factual disclosures provided by Government Code §7267.2(a). f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bi~ICe 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 Constihrtion 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 County of Butte, State of California, this 30`'' day of November, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSENT: Supervisor Josiassen NOT VOTING: None -, ~ ~ ~~~ ~~~ l ~ R. J, Beeler, Chair, Board of Supervisors County of Butte, State of California ATTEST: PAUL E. McINTOSH Chief Administrative Officer and Clerk of the Board of Supervisors ~- ClerktDeputy 3 EXHIBIT A i ~ ~~ ~~ ~ I t ~ ~ ` ~- ~~~~w= 1 '~ ! ~ ,'~3ic-Q',~ y >v 1 -'° ~~° ~ ~ ~- ~ ~ ~- 1 .~ z ~ ~ n O z,,~ ~~;~ :-,' / a !: _ ~ ~`' ~_ - o ~..., ., i I r ~, o ~~ - ~a ~, I~- - ~' r U: '~ ~~ ~ J ~~ z G E- i -- -~ -j r li ~ I'', _` ~ ~ '~( i EXI11E3I"[' B "EXHIBIT B" PARCEL NO. P19-2 Oti~~ner: A Answer, Inc. From: Sta. 6-+-680 Tax Parcel: 062-390-014-000 To: Sta. 6+729 Project NO: CA PPH 119-2(4) Project Name: QUINCY-OROVILI,E HIGHWAY In: BUTTE COUNTY, CA A parcel of land within the Northwest Quarter of Section 13, Township 21 North, Range 5 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 1996823728 in the Official Records of said county, described as follows: Beginning at a point from which the North Quarter Corner of Section 13, Township 21 North, Range 5 East, which is monumented by a C1.S. forest Service monument, bears North 52° 22' 17" Last a distance of 1,386.24 feet (422.526m). Said point being on the northerly line of said parcel. 1. `T'hence along the arc of a curve to the right having a radius of 360.89 feet (110.000m), an arc length of 180.39 feet (54984m), through a central angle of 28° 38' 23", having a chord which bears South 36° 48' S5" West, 178.52 feet (54.413m) to apoint on the westerly line of said parcel; 2. Thence along said westerly line, North 00° 1.9' 14" West, non-tangent with the previously described curve, a distance of 57.16 feet {17.423m) to a point on the existing centerline of the Oroville-Quincy highway; 3. Thence along said centerline the following courses: North 50° 25' 48" East a distance of 13.91 feet (04.239m); 4. Thence North 41° 02' 31" .East a distance of 28.64 feet (08.728m); 5. Thence North 28° 57' 02" East a distance of 37.93 feet (11.561m); 6. Thence North 18° 40' 41" East a distance of 10.70 feet {03.261m}; 7. Thence North 77° 55' 34" East a distance of 57.25 feet (17.451m} to the Point of Beginning. Containing: gross area of 0.13 acres (0.054 hectares), more or less, of which 0.1.0 acres (0,041 hectares), more or less, lies within existing highway right-of--way, leaving a net area of 0.03 acres (O.OI 3 hectares), more or less. Page 1 of 2 3l31 /2004 \V.APROJLCTS12llOP1I1T\Lcgals\L]~GALS (~OI2 RI;SOLU"hION 01~ I~'ECTSSI"I'Y "I~O ACQLIRF_~12N~1-p19-2.doc Basis of Bearings: F3earings for this description arc based on the measured bearing of North 02° OT 2~" West bet~~~een the South Quarter Corner of Section 22, and the Center-South Sixteenth Corner of Section 22 Township 21 North ,Range 5 East, Mount Diablo Base and Meridian. The 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 2 of 2 3i31120(l4 ~~i:APRO]}~,C'TS\21 IOPR]I\Lcgals\LLGALS FOR RhSOLUTION OF NBCE5S1"CY TO ACQUIRE:ARNA-pl9-2.doc