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HomeMy WebLinkAbout04-220*y~r~^•a~ '.. •••••••up~••••~+•••• • '{~~'' •.'rN •©: ~~ • BOARD ~~ SUPERVIC~RS ~'~' '"~+~' COUNTY OF BUTTE, STATE OF CALIFORNIA '~,~+'••~•.....•••' ~.• Resolution No. o4-zzo •.. ~avr~"~';•• •rrr~rrrrs 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 PROCEllURE ~1245.230(a)), OROVILLE-QUINCY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 119-2{4), PARCE I. N0.062-600-022 The Butte County Board of Supervisors, by vote of two-thirds or more of its members, FINDS, DETFRMINES, DECLARES, AND RESOLVES that: 1. County of Butte and the Federal Highway Administration, intends to reconstruct the Oroville-Quincy FH-119 Highway. The "project", apublic 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 X943 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 anal 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 ail 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. G. 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 ar 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 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. "I'he 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`x' day of November, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSENT: Supervisor .7osiassen NOT VOTING: None . ~ f~ ~ t R. J. Beeler, Chair, Board of Supervisors County of Butte, State of California A"fTES'I': PAUL E. McINTOSH Chief Administrative Officer and Clcrk of the Board of Supervisors ~y 1. ~ ~ ,_ ---- , .4 Clerk%Deputy 3 F,XHIBIT A EXFIIBIT B "EXHIBIT B" PARCEL NO. P15-4 Owner: Alpine Sierra, LLC From: Sta. ~+322 'Tax Parcel: 062-600-022-000 To: Sta. 5+445 Project NO: CA PFH 119-2(4) Project Name: QUINCY-OROVILLE HIUI-IWAY In: BUTTE COUNTY, CA A parcel of land within the Southeast Quarter of Section 14, Township 21 North, Range 5 Bast from the Mount Iaiablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 200280046521 in the Official Kecords of said county, described as follows: Beginning at a point from which the South Quarter Corner of Section 14, Township 21 North, Range S least, which is monumented by a BLM monument, bears South 26° 09' 46" West a distance of 1505.49 feet (459.787m). Said point being on the westerly Line of said parcel at the existing centerline of the Oroville-Quincy highway. l . "Thence along said centerline the following courses: North 55° l 1' S9" East a distance of 42.40 feet (12.922m); 2. 'T'hence North 57° 33' 16" East a distance of 45.04 feet {13.725m); 3. 'T'hence North 57° 39' 34" East a distance of 45.71 feet (13.932m); 4. Thence North 57° 16' 20" East a distance of 42.15 feet (12.545m); ~. Thence North 57° 13' 25" Last a distance of 76.25 feet (23.249m); 6. Thence North 57° 04' S2" F_,ast a distance of 53.55 feet (16.322m); 7. Thence North 57° 47' 14" East a distance of 41.1.9 feet (12.556m); 5. "I~hence North 57° 20' S4" East a distance of 41.13 feet (12.535m); 9. Thence North 57° 21' 32" East a distance of 4.85 feet (1.479m) to a point on the easterly line of said parcel; 10. Thence along said easterly line, South 11° 34' 13" West a distance of 56.68 feet (17,276m); 1 1. "f hence South 57° 00' 39" West a distance of 355.28 feet (108.2$9rn) to a point on the southerly line of said parcel; Page 1 of 2 11/112(101 ~y;~,~~}Z{)~(,(;I-5\ZI lOPIIII\Le~~a1s~.L1~,G;1LS FOR 1~1=..SOLUTION OPNI:CI~SSI~1~Y "1~O.AC~1'1RI;~RN,1-p15-4.~loc 12, Thence along said southerly line, South 87° O1' 43" West a distance of 20.21 feet (6.161 m) to the southwesterly corner of said parcel; 13. Thence along the westerly line of said parcel, North O1° 46' 38" West a distance of 39.13 feet (11928m) to the Point of Beginning; Containing: A gross area of 0.37 acres (0.149 hectares), more or less, of which 0.20 acres ((?.082 hectares), more or less, lies within existing highway right-of-way, leaving a net area of 0.17 acres (0.067 hectares), more or less. Basis of Beal-in~s: 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 ,Range 5 Last, Mount Diablo Base and Mca-idian. 'I~he South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOnu~~ capped iron pipe "USFS BDY T21N R5I? 1968 LS 3332". Pale 2 of 2 11/10i2~0~ ~~ :APROIEC~~St21 J0PI3iPLcgalsiLEC~ALS FOR RESOI_,U~l'IQN OF NECESSITY "f0 ACQUIRE\RNA-p] ~-4.doc "EXHIBIT B" PARCEL NO. TCF15-( Owner: Alpine Sierra, LLC From: Sta. 5+322 Tax Parcel: 062-600-022-000 To: Sta. 5+340 Project NO: CA PFH 119-2(4) Project Name: OROVILLE-QUII~ICY HIGHWAY In: BU7„fF, COUNTY, CA A Temporary Construction Easement over, under andlor across that parcel of land within the Southeast Quarter of Section I4, Township 21 North, Range 5 Fast frorTl the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of land described in a deed recorded as 200280046521 in the Off cial Records of said county, described as follows: Beginning 39.37 feet (12.OOOm) right of the right-of-way centerline at right-of-way station 5+322.391, said parcel being of various width, contiguous to the easterly right of~-way of Project CA PFH 119-2(4), through a point 49.21 feet (15.OOOn7) right of the right-of-way centerline at station 5+327.584 and extending to a point 49.21 feet (15.OOOm) right of centerline at right-ofd-way station 5 ~-339.998. Containing: 0.01 acres (0.005 hectares) The Temporary Construction Easement described above shall terminate upon recording of `Notice of Comp]etion" of the project known as the Oroville Quincy I Iigh~~ay CA 119 Reconstruction Project Phase II from the Lake Madrone T)am site to Stanwood Saddle /Project No. CA PFH 1.19-2(4). Page l of l ~ 29J'G0~ ~~':'~.PROJLC"TS`~.2110PH11 Legals\LL-'GALS FOK RL'SQI,li7~lON Ol NLCI:SSJ~1-Y ~1~(? ACQUIIZEI}ZNA-"fCl'1S-6.doc GGI~X I~II)[T 1777 PARCEL NU. 'I'CEIS-7 pwner: Alpine Sierra, LLC From: Sta. 5+3~5 Tax Parcel: 062-600-022-000 To: Sta. 5+397 Project NO: CA PFH 119-2(4) Project Name: ORO~ILLI QUINCY IIIUH~~JAy In: BU'I:"hI COUN"fY, CA A Temporary Construction Easement over, under and/or across that parcel of land within the Southeast Quarter of Section 14, Township 2I North, Range 5 l ;ast 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 200280046521 in the Official Records of said county, described as follows: Beginning 05.62 feet (20.000m) right of the right-of--way centerline at right-of-way station 5+375.000, said parcel being 26.25 feet (B.OOOm) in width, contiguous to the caslerly right-of=way of Project CA PFH 119-2(4), and extending to a point 65.62 acct (20.000m) right of centerline at right-of-way station 5+395.000. Containing; 0.04 acres (0.016 hectares) The Temporary Construction Easement described above shall terminate upon recording of "Notice of Completion" of the project known as the Oroville Quincy Highway CA 119 fZeconstruction Project Phase II from. the Lake Madrone Dam site to Stanwood Saddle /Project No. CA PFII 119-2(4). Page 1 of 1 3i29J2004 1~r:`:YItOJI;CI~S\21 ] OP~}lll\I,cgais\],l?(iA],S I~OR RL'SOI.ll~(~ION C)P NLCP.SSI'I~Y TC) ~1C(21 i]RE\RNC1-TCI? 1 ~-7.doc "EXIII131~I' B" P,1RCP~L NO. PE15-fi Owner: nlpine Sierra, LLC From: Sta. 5+356 Tax Parcel: 062-600-022-000 To: Sta. 5+357 Project NO: CA PFH 119-2(4) Project 1'vamc: QUINCY-OROVILLL; I IIGIIWt~Y In: BU'l'"1~L COUN"I~Y, C~ Public Service F_,asement as defined in Section 8306 of the Streets and I Iighway Code in, over, under and 1 or across that parcel of land within the Southeast Quarter of Section 14, 'T'ownship 21 North, Range 5 East from the Mount Diablo Base and Meridian in Butte County, Califo~7~ia, being a portion of that parse] of land described in a deed recorded as 200280046521 in the Official Records of said county, described as follows: Beginning at a point from which the South Quarter Corner of Section 1 ~, "I~ownship 21 North, Range 5 Last, which is monumentcd b~, a BLM monument, bears South 29° 31' S2" West a distance of 1,581.83 feet (482. l 42m). 1. Thence North _57° 00' 39" I~;ast a distance o1 5.00 feet (I.524m); 2. Thence South 32° _59' 21" Fast a distance of 10.00 feet (3.048m); 3. Thence South 57° 00` 39" Wcst a distance of 5.00 lcet (l .524m); 4. `I hence North 32° 59' 21" ~tiest a distance of 10.00 feet {3.048m} to the Point of Beginning; Containing: A net area of 50 square feet (5 square meters), more or less. Basis of Bearings: Bearings for this description are based on the measured bearing of I~~orth 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. `hhe South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a 50mm capped iron pipe "USFS BDY T21N RSE 1968 LS 3332". Pale 1 of 1 1 1 i' ] OIZ 004 V~':APRU]~C"I~S\21 IOPFIIIU~cgals\I EGr1LS Pf.)R RISOLIi"fIOit Ut NGC:ISSI"I~Y'1~0 hCQI ~IRI;ARTv~~1-pc15-Ci.doc