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HomeMy WebLinkAbout04-218~f^f/^ii1 s~. ~~ .SUp,~,•••, 4q`' °~,, ':rte ~Q"• (~ •p• a ~Y i M ©` i //~y~ : ~ ~ 9 ' Tr • '~° ~ i /~ i ,~~~~ ~~ ~i1 BOrARQ OF SUPERV~~~?t: COUNTY OF BUTTE, STATE OF CALIFORNIA Resolution No. o4-2ig RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROr~D PURPOSES; ROAD CONSTRUCTION (CODE OF CIVIL PROCEDURE §1245.230{a)}, OROVILLE-QUINCY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 119-2(4}, PARCEL. N0.062-600-008 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 X25350.5; 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 Ro11 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 Civil 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 statement/summary were in a form and contained all 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 County of Butte, State of California, this 30th day of November, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSENT: Supervisor Josiassen NOT VOTING: None R. J. Beeler, Chair, Board of Supervisors County of Butte, State of California ATTEST: PAUL E. McINTOSH Chief Administrative Officer and Clerk of the Board of Supervisors Cle~-klDeputy EXHIBIT A ~.. '' ` - E i N ~ ~ CT n ti J ' lei ~y ~~ h o. .- S ~ I 4. .LL w Z ~- w Q . i m p ~~ - C q~ i, a n. ~ Li ~ U ~ J _- I ~ ~ ~~ ' p I Cn I ~ i ri s < Q _ ~ z~; >-~~ Oa ~ Q I ~` J - ~ J > ~, ~ ~ y i ._ : _'-- I I i w > l I 1--r-~- - I, i i f i - w ° c`~. _. ~ _. - -~ ~ - i ~ ~ ~ I '~,. ¢ v i _1 '; f 0. ~ O z O ~~ ~ i -_-_ fvI _ _ _ __ 6 .a ~ ~ _. '~' V ~~ w ~ _ • ti ~ .~_ _ ® ~_ C ~ _ " T/, 4 EXIIII3IT B "EXHIBIT B" PARCEL NO. P14-2 Owner: Wilder, Jim & Manner, Lynn From: Sta. 4+708 Tax Parcel: 062-600-008-000 To: Sta. 5+013 Project NO: CA PFH 1 I9-2(4) Project Name: QUINCY-OROVILLF IIIGHW~Y In: ~I3U'fTL COUNTY, CA A parcel of lancl within the Southwest Quarter of Section 14, Township 21 North, Range 5 bast from the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as ,1.9758976415 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 ~ Fast, which is monuzne,nted by a I3LM monument, bears South 70° 52' S6" Last a distance of 999.43 feet (304.626m). Said point being on the westerly line of said parcel. 1. "l hence along said westerly line, North 13° 00' 00" West a distance of 40.01 feet (12.195m) to a point on the existing centerline of the Orovil]e-Quincy highway; 2. 'Thence along said centerline the following courses: North 37° 50' 23" Fast a distance of 10.98 feet (3.348m); 3. Thence North 21° 33` 12" Fast a distance of 64.56 feet (19.678m); 4. Thence North 08° 23' 44" East a distance of b6.63 feet (20.308m}; 5. 'Thence North 1.7° 29' 04" East a distance of 74.48 feet (22.703m); 6. Thence North 4G° 40' 36" East a distance of 74.77 feet (22.789m); 7. Thence North 58° 24' 21" East a distance of 34.21 feet (10.428m); 8. Thence North 59° 06' 41" East a distance of 68.65 feet (20.923m); 9. Thence North 55° OS' 42" East a distance of 69.43 feet (21.163m); 10. Thence North 51° 21' 39" East a distance of 68.07 feet (20.749m); 1 L Thence North 56° 16' Sl" East a distance of 34.04 feet (10.374m); l 2. Thence North 66° 41' 19" East a distance of 69.44 feet (2 L 164m); 13. Thence North 72° 33' 31" East a distance of 66.53 feet (20.278m); Page 1 of 3 4I28120~4 1~%aFRO.1FCTS\2110PHII\Legals\LEGALS FOR RESOLUTION OF :~ICESSII~Y T'O ~CQUIRF.\RN~1-p14-2.d~>c 14. Thence North 62° 19' _50" East a distance of 63.57 feet (19.375m); 15. Thence North 43° 34` 25" bast a distance of 67.11 feet (20.454m); 16. Thence North 37° 02' 00" 1=,'ast a distance of 33.61 feet (10.244m}; 17. Thence North 36° 23' 04" l:~ast a distance of 1.28 feet (0.389m) to a point on the noriher]y line of said parcel; 18. Thence along said northerly line, North $7° 00' 06" East a distance of l 31.58 feet (40.107m); 19. Thence South 51 ° 19' 09" West a distance of 80.76 feet (24.617m); 20. Thence South 36° 28' O1" West a distance of 68.51 feet (20.882m) to a point of cwwature; 21. "fhenee along the arc of a cw-ve to the right having a radius of 252.62 feet (77.OOOm}, an arc length of 119.88 feet (36.539m), through a central angle of 27° 11' 20", a chord which bears South 50° 03' 41" West, 118.76 feet (36.197m); 22. Thence South 63° 39' 22" West a distance of 311.07 feet (94.814m); 23. Thence South 74° 45' 30" West, non-tangent with the fo]lowing described cut°ve, a distance of 70.73 feet (21.560m) to a point of curvature; 24. Thence along the arc of a curve to the Left having a radius of 262.47 feet (80.OOOrn), an arc length of 122.75 feet (37.413m), through a central angle of 26° 4T 41 ", a chord which bears South 34° SS 27" West, 121.63 feet (37.073m); 25. Thence South 21° 31' 34" West a distance of 101.74 feet (31.OlOm); 26. Thence North 68° 28' 26" West a distance of 19.69 feet (6.400m) to a point of curvature; 27. Thence along the arc of a curve to the right having a radius of 324.80 feet (99.OOOm), an arc length of 9$.72 feet (30,089m), through a central angle of 17° 24' 49", a chord which bears South 30° 14' Ol" West, 98.34 feet (29.973m} to the Point of Beginning. Containing: A gross area of 1.59 acres (0.645 hectares), more or less, of which 0.51 acres (0.205 hectares), more or less, lies within existing highway right-of--way, leaving a aiet area of 1.08 acres (0.40 hectares), more or less. Pa~~e 2 of 3 4,'28i2o04 \~':lPRO,IF,CTS\2I IOPIIII\Lc~alsll,Ci(~ALS POR R1~SOI,U7~[ON OE NECESSITY' ~l~o ACQUIRI3\R'NA-p14-2.doc Basis of Bearings: Bearings far this description are based on the measured bearing of North 02° 07' 25" West between the South Quarter Corner of Section 22, and the Center-South Sixteenth Corner of Section 22 'T'ownship 21 North ,Range 5 Bast, 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 3 of 3 1231200 hv':`PKOJEC7~S121 l OPNII`,Lega]s~L,I'G~~LS FOI2 RI~SOLUTION Ol~ TiEC'ESSI"TY TO ;1CQt'TREIP.N A-p14-2.doc "EXHIBIT A" PARCEL NO. PE14-6 Owner: Wilder, Jim & Manzer, Lylm From: Sta. 4+941 Tax Parcel: 062-600-008-000 To: Sta. 4+952 Project NO: CA PFH 119-2(4) Project Name: QUINCY-OROVILL,E HMHWAY In: BUTTE COUNTY, CA A Public Service Easement as defined in Section 8306 of the Streets and Highway Cade in, over, under and / or across that parcel of land within the Southwest Quarter of Section 14, 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 19758976415 in the Official Records of said county, described as fol]ows: Beginning at a point from which the South Quarter Corner of Section 14, 1 ownship 21 North, Range 5 East, which is monumented by a BLM monument, bears South 26° 22' 49" East a distance of 868.65 feet (264.763m}. Said point being on a point on a curve; Thence along the arc of said curve to the left having a radius of 252.62 feet (77.OOOm), an arc length of 50.08 feet (15.265m), through a central angle of 11° 21' 32", a chord which bears North 48° 16' 37" East, 50.00 feet (15.240m); 2. Thence South 47° 24' O1" East a distance of 11.52 feet (3.512m); 3. Thence South 48° 50' 16" West a distance of 52.23 feet (15921m); 4, Thence North 36° 02' 24" West a distance of 11.00 feet (3355m) to the Point of Beginning. Containing: A net area of 532 square feet (49 square meters), more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of North 02° OT 25" West between the South Quarter Corner of Section 22, and the Center-South Sixteenth Corner of Section 22 Township 21 North ,flange 5 East, Mount Diablo Base and Meridian. 'hhe South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOmm. capped iron pipe "USES BDY T21N 85E 1968 LS 3332". Page l Qf I 1 1?] 0/2004 W :APRO.IEC~T~S\21 ] OP13II ;Lcgals\~~el ~-6.doc