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HomeMy WebLinkAbout04-219~~~ O~ .S UP,~'+'~i, ~ . ..............~i .~ Q~ ` . ~ . rO' .~ Wj~ '~ ril N *: ~ ~ ~F * BOARD t?F SUPERVYa~t3htS ;"~ :, ~~ ~~~,'~~,~,:"w.` . G~ ., ...z : ,. P.• COUNTY OF BUTTE, STATE OF CALIFORNIA ~~ , .. ~ G ~ ~~ tM~.~~~~~•~~ Resolution No. o~-2z9 RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPER'T'Y OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION (CODE OF CIVIL PROCEDURE §1245.230(x)), OROVILLE-QUINCY FH-119 HIGHVtJAY PROJECT, PROJECT NO. CA PFH 119-2(4}, PARCEL, NO'S. 061-650-001, 002, 003 & 005 The Butte County Board of Supervisors, by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVFS that: 1. County of Butte and the Federa] 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 Cade X25350.5; Sheets and Highways Code §943 and Code of Civil Procedure §1240.41.0 (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 Resaiution 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 ot1 the last equalized Col~nty 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 refen-ed 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 of two- 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 § ] 240.410 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 a11d contained all the factual disclosures provided by Goven~ment Code §7267.2(a). f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Albert, are hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of 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 30`'' day of November, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSENT: Supervisor .Tosiassen NOT VOTING: None R.'J. BB elei-, Chair, Board of Supervisors County of Butte, State of California ATTEST: PAUL E. McINTOSH Chief Administrative Officer and Clerk of the Board of Supervisors By ~ C/, a'~ ClerklDeputy 3 EXHIBIT A ~~ ` ~ Q /~ ,~ ~ ~~~~~~ _1}} ,0. ~~ o ~ i ~ I C7 t~ ~ _) ~ ~ _ , _ ~I Y ~f F ;1 -'~ G ~ x~ _ ~ ~~ /~ `Cu ; ~ ~~a J ,; w a ~ a ~ `: i i i ~~ ~ w z M i n V ¢ ~ O ~ I ' ~ w .~ U ~'~~: a, ` I iI -~ ~~~ ~ ~~ N c `~ ~ Cn ¢ N '~ u L_ i ' ~ rn I- ~ ~ 2 ~ _ f- ~ ~ S ~ W ~ ~ U ~ ~ ~ i Oq ~ ~ z r_ I=~'c it Ji ~ ~ r Z~ ~`~~Iz.a ~ ~ q ~ i ~ W i J O CL CJ - - i I ~~ a i° ~ i I v i ~, ; ~~~ i i .t ~ c~~-i -j---- ,; I 0. ;? .i~ ~ ~ _ _ n0 f ~ o `__ W i ,N. - "'V- ~ ~i ~ ~ ( i G, O ~ i z c I a 'i a ~ °~ __ ~ ( G ~ a EXHIBIT B "EXHIBIT B" PARCEL NO. PG-1 O~iJner: Pavlik, Rudy S. Fram: Sta. 1 ~-781 Tax Parcel: 061-650-005-000 To: Sta. 1+898 Project Number: CA PFH 119-2(4) Project Name: QU1NC~'-0ROVILLE HIGHWAY In: BUTTE COUNTY, Cl~ r~ parcel of land within the Northwest Quarter of Section 27, 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 1992RS126-69 in the Official Records of said county, described as follows: Beginning at a point from which the North (quarter Corner of Section 27, Township 21 Noi~i.h, Range 5 Tact, which is monumented by a 25mm iron pipe, bears Narih 27° 23' 08" East a distance of 1,482.46 feet (451.853m). Said point being on the westerly right-of--way line of (~roville-Quincy highway as described in said deed recorded as 1992RS126-69. 1. Thence North 30° O1' 27" East a distance of 225.73 feet (68.804m} to a point of curvature; 2. Thence along the arc of a curve to the left having a radius of 5187.01 feet (15$ I.OOOm), a1i arc length of 121.15 feet (36.925m), through a central angle of O1° 20' 17", having a chord which bears North 29° 21' 16" East, 121.15 feet (36.925m); Thence North 14° 12' 49" West, non-tangent with the previously and following described curves, a distance of 19.48 feet (5.938m) to a point of curvature, said point being on the northerly line of said deed; 4. Thence along said northerly line, and along the arc of a curve to the right having a radius of 77.55 feet {23.637m), an arc length of 40.98 feet (12.491m), through. a central angle of 30° 16' 42", having a chord which bears South 87° 27' 11" East, 40.51 feet (12.346m) to a point on said westerly right- of-way line of Orovi.lle-Quincy highway; 5. Thence along said westerly right-of--way line, non-tangent with the previously described. curve, South 25° OS' S 1" West a distance of 147.47 feet (44.94$m) to a point of curvature; 6. 'Thence continuing along said westerly right-of--way line, and along the arc of a curve to the right having a radius of 360.00 feet {109.728m), an arc length of 115.39 feet {35.171m), through a central angle of 18° 21' S3", having a chord which bears South 34° 16' 4$" West, 114.90 feet (35.020rn); 7. Thence continuing along said «~esterly right-of-«~ay line, South 43° 27' 46" West a distal~ce of 58.23 feet {17.749m) to a point of curvature; Page 1 of 2 4/25/2004 \~/:`~1'R07ECZ'S\21 IOPI-III\Legals`,LEGr1LS FOR RESOLUTION OF NECESSITY TO ACQilIRE\RT~C-p5-1.doc $. Thence continuing along said westerly right-of-way lisle, and alarlg the arc of a curve to the right having a radius of 640.00 feet (195.072m), and arc length of 62.48 feet (19.044m), through a central angle of OS° 35' 36", having a chord which bears South 40° 40' Ol " Vilest, 62.45 feet (19.036m) t© the Point of Beginning. Containing: A net area of 0.21 acres (0.086 hectares), 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 hTorth, Range 5 ]=last, Mount Diablo Base and Meridian. `]~hc South Quarter Corner being a 25m~n iron pin and the Center-South Sixteenth Corner being a SOi7~m capped iron pipe "LISTS BNDY f1,21N R51 1968 LS 3332". Paee 2 of 2 4/2fiI2004 W:APRCJEC"rS12110PI{II\Le~,als\LEGALS FOP. RESOLUTIt~N OF NIJCESSITY'I'O AC(~U1KE\RI~'C:-p6-l.doc "EXHIBI"T B" PARCEL NO. P6-2 Owner: Pavlik, Rudy S. From: Sta. 1 +994 Tax Parcel: 061-650-003-000 To: Sta. 2+020 Project Number: CA PFI-I 119-2(4) Project Name: QUINCY-OROVILLE HIGHWAY In: BUTTE COUNTY, C11 A parcel of land within the Northwest Quarter of Section 27, Township 21 North, Range 5 Last 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 199285126-69 in the Official Records of said county, described as follows: Beginning at a point from which. the North Quarter Corner of Section 27, 'I~ownship 21 North, Range 5 East, which is monumented by a 25mm iron pipe, bears North 24° 10' 00" Fast a distance of 709.38 feet (216.220m). Said point being on the northerly line of said parcel, and on the westerly right-of-way line of Orovil]e-Quincy highway as described in said deed recorded as 1992RS l 26-69. 1. `hhence along said westerly right-af--way line, and along the arc of a ew-ve to the right, having a radius of 960.00 feet (292.608m), an a1-c length of 49.26 feet (15.014m), thought a central angle of 02° 56' 24", having a chord which bears South 26° 47' 31" West, 49.26 feet (15.O13m); 2. Thence continuing along said westerly right-of--way line, North 28° 15' S2" West a distance of 12.62 feet (3.846m); 3. Thence North 62° 32' 16" West a distance of 30.49 feet (9.292m); 4. Thence North 27° 2T 44" East a distance of 53.90 feet (16.429m) to a point of curvature; 5. Thence along the arc of a curve to the left having a radius of 456.04 feet (139.OOOm), an arc length of 2.97 feet (0.904m), through a central angle of 00° 22' 21 ", a chord which bears North 27° 14' 25" East, 2,97 feet (0.904m} to a point on the northerly line of said parcel; 6. Thence along said northerly line, non-tangent with the previously described curve, South 71° 58' 20" East a distance of 30.51 feet (9.300m) to the Point of Beginning. Containing: A net area of 0.04 acres (0.017 hectares), more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of North 02° 07' 25" E~~est between 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 Page ] of 2 3/26/2004 1>v':APROJLCTS127 IOPHII\LcgalslLEGALS FOR RI'SOLU'I~ION OF NF_CI;SSI~I~Y TO ACC~UIRI~ARNA-p6-2.doc Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOmm capped iron pipe "UST's BNI)Y T21N R5~ ] 968 LS 3332". 3I2612o04 ~w':APRO.iIJCTS\21 ] OPI31I\Lc~;als\p6-2.doc Page 2 of 2 CG LJ~llll3l 1 11?7 PARCEL NO. TCE6-6 Owner: Pavlik, Rudy S. Frarn: Sta. 1+892 Tax Parcel: 061-650-003-000 To: Sta. 1+930 Project Number: CA PPH 119-2(4) Praject Name: OROVILLI~-QUINCY IIIGIIWAy 1n; BUTTIJ COUNTY, C:A A Temporary Construction Easement over, under and/or across that parcel of land within the Northwest Quarter of Section 27, Township 21 North, ]Zange 5 Fast 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 1992RS126-69 in the Off eial Records of said county, described as follows: Beginning 75.58 feet (23.036m) left of the right-of-~~~ay centerline at right-of-wa.y station l +-892.511, said parcel being of various width, contiguous to the westerly right-of-way of Project CA PFI:~~ 119-2(4), through a point 98.43 feet (30.000m) ]eft of centerline at right-of-way station 1+900.000, and extending to a point 41.63 feet (12.688n~) lest of centerline at right-of-way station l +930.000. Containing: 0.08 acres (0.033 hectares) The Temporary Construction T_:asement described above shall terminate upon recording of "Notice of Completion" of the project known as the Oroville Quincy Ilighway C1e. 1 19 Reconstruction Projcet Phase II fi-om the Lake Madrone Dam site to Stanwood Saddle l Project No. Ct~ PFH 119-2(4). Page ] of 1 ;i2CI2o04 V'~'aPRC)JECTS\21 IOPHII~L,egalslLEC;ALS FOR R~SOLU"rION OI" ~1F_C~SSITY "1'O r1CQI;~IR1~ARNA-TCL:6-G.~loc "EXHIBIT B" PARCEL NO, P7-1 (~~~ner: Pav]ik, Rudy S. From: Sta. 2~~-017 'Tax Parcel: 061-650-002-000 To: Sta. 2+080 Project I`~umber: CA PFII 119-2(4) Project Name: QUINCY-O8O~iILLh HIGIfWAY In: 13U"I°fE COUNTY, CA A parcel of land within the Northwest Quarter of Section 27, Township 21 North, Range 5 East from the Mount Diablo Base and Meridian in ~I3utte County, California, being a portion of that parcel of ]and described in a deed recorded as 1993K_57632 in the Official Records of said county, described as follows: l3cginning at a point lion which the North Quarter Corner of Section 27, Township 21 North, Range 5 East, which is monumented by a ?_5nun iron pipe, bears North 24° 10' 00" Fast a distance of 709.38 feet (216.220m). Said point being on the southerly line of said parce], and on the westerly right-of--way line of Oroville-Quincy highway as described in said decd recorded as 1993857632. ] . 'hhence along said southerly line, non-tangent with the following described curve, North 71° 58' 20" West a distance of 30.51 feet (9.300m) to a point of curvature; 2. Thence along the arc of a curve to the left having a radius of 456.04 feet (I 39.OOOn7), an arc length of 89.39 feet (27.246ni), through a central angle of 11° l3' S1", having a chord which bears North 21 ° 28' 25" Tact, 89.25 feet {27.202m); 3. Thence North I S° 51.' 31" East a distance of 102.29 feet (31178m); 4. "f hence South 74° 08' 29" East a distance of 34.25 feet (10.439m) to a point on said westerly right-of-way hne of Oroville-Quincy highway; Thence along said westerly right-of u=ay line, South 14° 1T 02" West a distance of 7.99 feet {2.A34m} to a point of curvature; 6. "f hence continuing along said westerly right-of--way line, and along the arc of a curve to the right having a radius of 960.00 feet (292.608m), an arc length of 185.00 feet (56.389ni), through a central angle of 11° 02' 30", having a chord which bears South 19° 48` 17" West, 184.72 feet {56.302m) to the Point of Beginning. Containing: A net area of 0.14 acres (0.058 hectares), more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of North 02° 07' 25" ~~~cst between the South Quarter Corner of-Section 22, and the Center-South Sixteenth Career of Section 22 Township 21 North, Range 5 East, Mount Diablo Base and Meridian. The Pale I of 2 3126; 2004 VJ:AYROJL:CTS\21 IOPIIII\Legals\LI;GALS HOR ItESOLI1"I-ION OP NF_CI~SSI'I'Y TO ACQUIRI:ARNt~-p7-l.doc South (quarter Corner being a 25mm iron pin and the Center-South Six#eenth Corner being a 50mm capped iron pipe "US1~S BNDY T21N RSI 1968 LS 3332". Page ? of 2 3 2612004 ~~,':APROJI;CTS\211OP3~lI`,I e~als'~.LEG~1]_S FOR RI~5ULU'FIQN OF NI~CI~SSI~hl' "FO ACQUIRE'~RN~'~-p7-l.doe C4LXHII3IT I3" PAI2CFL NO. P7-2 Owner: Pavlik, Rudy S. From: Sta. 2+1 I9 Tax Parcel: 06I-650-002-000 To: Sta. 2+-147 Project Number: CA PFH 119-2{4) Project Name: QUINCY-OROYILLE HIGHWAY In: BUTTE COUNTY, CA A parcel of land within th.e Northwest Quarter of Section 27, Township 21 North, Range 5 East from the Mount lliablo Base and Meridian in Butte County, California, being a portion of that parcel of ]and described m a deed recorded as 1993857632 in the Official Rceords of said county, described as follows: Beginning at a point horn which the North Quarter Corner of Section 27, Township 21 North, Range 5 East, which is monumented by a 251nm iron pipe, bears North 2&`~ 43' 33" l past a distance of 29l .65 feet (88.895n~). Said point being on the northerly line of said parcel, and an the westerly might-of-way line of the (~roville-Quincy highv,~ay as described in said deed recorded as 1993857632. 1. `],hence along said westerly right-of-way Iine, South 31 ° 49' 43" ~'esi a distance of 20.31 feet (6.192m) to a point of cw-vature; 2. Thence continuing along said ~~~esterly right-ol=way line, and along the arc of a curve to the Jeff having a radius of 540.00 feet (164.593m}, an arc Length of 70.29 feet (21.424m), through a central angle of 07° 27' 28", having a chord ~~,-hich bears South 2~° 05' S~" West, 70.24 feet (21.408m); Thence North 64° 28' S6" ~~Jest, non-tangent with the previously described curve, a distance of 4.55 feet (1.386m) to a point of curvature; 4. Thence along the arc of a curve to the right having a radius of 567.59 feet (173.OOOm), an arc length of 63.08 feet (19.228m), through a central angle of 06° 22' OS", having a chord which bears North 28° 43' S0" East, 63,05 feet (I9.218m), 5. Thence North 31° 55' Ol" East a distance of 2592 feet (7901m) to a point on the northerly line of said parcel; 6. Thence along said northerly line, South 89° 32' 44" East a distance of 3.89 feet {L185m) to the Point of Beginning. Containing: A net area of 0.01 acres (0.002 hectares), more or less. 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 Section 22, and the Center-South Sixteenth Corner of Section 22 Township 21 North, Range 5 East, Mount Diablo Base and Meridian. The Page 1 of 2 4I?_ 4; 2044 \~~:APROIEOI~S;21 IOPI-317\Legals\LEGALS FOR RESOLU7~ION OF NECESSITY TO ACQUIREiR?~':1-p7-2_doc South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOmm capped iron pipe "USES BND~ T21N R5E 1968 LS 3332". Pale 2 of 2 412F1200~ W:U'ROJECTS\21 l OPHIl~~cgals\LI;GALS FUR RL50LUTIC~i"1 OF 2~~I/CLSSTTY TO ACQtIRl~ARN~'~-p7-2doc "EXHIBIT B" PARCEL, NO. P7-3 O~}~ner: Pav]ik, Rudy S. From: Sta. 2+-146 Tax Parcel: 061-650-001-000 To: Sta. 2+233 Project Number: CA PFD-I 119-2(4} Project Name: QUINCY-OROVILLE IIIGIIWAY In: BUTTE COUN"1°~, CA A parcel of land within the Northwest Quarter of Section 27, Township 21 North, Range 5 East liom the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 1992RS126-69 in the Official Records of said county, described as follOWS: Beginning at a point from which the North Quarter Corner of Section 2.7, Township ?_1 North, Range 5 East, which is monumented by a 25mm iron pipe, bears North 28° 43' 33" East a distance of 291.65 feet (88.895m). Said point being on the southerly line of said parcel, and ol~l the westerly right-of--way line of Oroville-Quincy highway as described in said deed recorded as 1992RS 126-69. ] . "Thence along said southerly line, North 89° 32' 44" West a distance of 3.89 feet (1,185m); 2. Thence North 31° 55' 01" East a distance of 86.78 feet (26.452nz) to a point of curvature; 'Thence along the arc of a curve to the left having a radius of 94] .60 feet (287.OOOm) an arc length of 188.21 feet (57.365m), through a central angle of 1 l° 27' 08", having a chord which bears North 26° ll' 30" East, 187.89 feet (57.270m); 4. Thence South 69° 32' 08" East a distance of 4.53 feet (1.381 rn) to a point on the westerly right-of--way of said highway; Thence along said westerly right-of way line, South 20° 29' 21" West a distance of 12.12 feet (3.695m); 6. Thence continuing along said westerly right of way line, and along the arc of a curve to the right having a radius of 760.00 feet (231.648m), an arc length of 150.32 feet (45.818m), through a central angle of I 1 ° 19' S7", having a chord which bears South 26° 09' 4T' West 150.08 feet (45.743rn); 7. Thence South 31° 49' 43" West a distance of 11 L41 feet (33.958m) to the Point of Beginning. Containing: A net area of 0.03 acres (0.010 hectares), more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of North 02° OT 25" West behween the South Quarter Corner of Section 22, and the Center-South Sixteenth Corner of Page 1 of 2 a~zsiaaoa 1~,r:~I'ROJECTS\21 ] QPHII\L,ega!s\LFGALS FOR RESOLUTION OF NF.,CESSI'1'Y "I~O ACQUIRE\RIVA-p7-3.duc Section 22 Township 21 North, Kange 5 East, Mount Dr.ablo Base and Meridian. The South Qu~~rter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOmm cahped iron pipe "USFS I3NDI~ T21N RSE 1968 LS 3332". Page 2 of 2 4~~8!2004 W:'•,PROJECTS\Z1 I~PHIP~Legals\LEGALS FOR RESOLUTION O}= NLCI:SSITY TO ACQUIRE'17hiA-n7-3.doe