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Resolution N0. 04-270
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RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY
OR IN'T'EREST 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 PFhI 1 t9-2(4),
PARCEL N0.062-390-028
"I'he 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 seg. 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 is 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 an 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
t11e 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 mare 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 statementlsummary were in a fornl and contained all the factual
disclosures provided by Govemment 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, Bnice 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. Ta 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, .7osiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
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R. J. fee er, 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 '~ ~~ ~' ~ ~'~
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` - Clerk/Deputy
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EXHIBIT A
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EXHIBIT B
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PARCEL i`~O. P19-3
O~~ner: Tranco, Maria From: Sta. 6-~-715
'l'ax Parcel: 062-390-028-000 To: Sta. 7+173
Project NC}: CA P1~II 119-2(4)
Project Namc: QUINCY-OROVIT,LI~, H1GH~~Jr1Y In: BUTTL COUNTY, CA
A parcel of Land within the Northwest Quarter of Section 13, Tovdnship 2.1 North, Range 5 Last
from the Mount Diablo Base and Meridia~i in Butte County, California, being a portion of that
parcel of land described i~1 a deed recorded as 1.998817416 in the Official Records of said county,
described as follows:
Ref;inning at a point from which the North Quarter Corner of Section 13, `township 21 North,
Range 5 least, which is monumented by a U.S. forest Service monument, bears I~IOrth 52° 22' 17"
Lest a distance of 1,380.24 feet {422.526m). Said point being on the southerly line of said parcel.
1. Thence alo~ig said southerly line, South 77° 55' 34" West a distance of 57.25 feet (17.451 m)
to a point on the existing centerline of the Oroville-Quincy highway;
?_. "1~hence along said centerline the following courses: North 18° 40' 41" bast a distance of
34.79 feet (10.603m);
3. 7~hcnce North 1 1° S9' 17" Last a distance of 53.39 feet (16.273m);
4. `T`hence North 12° 40' 41" East a distance of 49.55 feet (15.104m);
5. 'Thence North 18° 50' 14" East a distance of 46.56 feet (14.191 m);
6. Thence North 22° 39' S0" East a distance of 51.15 feet (] 5.592m};
7. 'f hence North 23° 20' S0" bast a distance of 52.62 feet (16.038rn);
8. Thence North 24° 39' 41" East a distance of 48.63 feet (14.8231n);
9. Thence North 31.° 02' 44" Vast a distance of 38.24 feet (11.656m);
10. Thence North 41° 07' S2" Last a distance of 42.33 feet (12.901m);
11. Thence North 49° 20' S7" East a distance of 3490 feet (10.639m);
12. Thence North 55° 11' 35" Last a distance of 58.77 feet (17.913m);
13. Thence North 57° 43' 21" Last a distance of 44.81 feet (13.659m);
Page 1 of 4
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14. Thence North 56° l8' 13" East a distance of 49.46 feet (15.076m);
15. Thence North. 53° 36' 30" least a distance of 4598 feet (14.016m);
16. Thence North 57° 31' 36" East a distance of 44.36 feet (13.520m);
17. 'Thence North 68° 26' 08" East a distance of 38.62 feet (ll.770rn);
18. '1 hence North $0° 38' 00" East a distance of 64.84 feet (19.779m);
~ y. Thence North 80° 50' 39" East a distance of 33.79 feet (10300m);
20. Whence North 71 ° 45' 05" East a distance of 37.66 feet (1 ] .480m);
21. Thence North 58° 50' 41" East a distance of 35.53 feet (10.830m);
22. '~I'hcnce North 43° 16' 06" Last a distance of 3 L02 feet (9.454m);
23. Thence North 34° 24' S6" I' ast a distance of 40.67 feet (12.396m);
24. `hhcnce North 25° 53' 36" East a distance of 45.69 feet (13.9?_5m);
25. Thence North l 6° OS' 16" East a distance of 36.98 feet (l 1..273m);
26. Thence North 07° 08' 18" East a distance of 30.05 feet (9.158m);
27. 'l~hence North 03° 52' 30" Last a distance of 48.01 feet (14.634m);
28. Thence North 07° 14' ll" East a distance of 29.95 feet (9.130m)>
29. Thence North 19° 19' S8" East a distance of 40.65 feet (12.391m);
30. Thence North 31° 15' 07 " East a distance of 31.98 feet (9.747m);
31. `thence North 42° 17' 25" East a distance of 46.13 feet (14.060m};
32. Thence North 47° 24' 04 " East a distance of 32.28 feet (9.840m);
33. Thence North 52° 31' 17" Fast a distance of 47.44 feet (14.461m);
34. Thence North 52° 50' 25" East a distance of 24.91 feet (7.594m) to a point on the southerly
line of Parcel l~'S4A-1 of U.S. Department of Transportation Federal Highvray
r~,dministration California Forest Highway Project PFH 119-2(3), dated OS-27-2003
(Revision 4);
Page 2 of 4
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35. Thence along said southerly Line, South 89° 07' 12° East, non-tangent with the following
described curve, a distance of 116.98 feet {35.657m} to a point of curvature;
36. Thence along the arc of a curve to the left having a radius of 377.29 feet {114.998m}, an arc
length of 184.55 feet (56.252m), through a central angle of 28° Ol' 35", having a chord
which bears South 51° 30' 38" West , 182.72 feet (55.693n1);
37. "Thence South 52° 30 00" East, non-tangent with the following described curve, a distance of
32.81 feet (10.000m) to a point of curvature;
38. Thence along the arc of a curve to the left having a radius of 196.85 feet (60.000n~), ~u1 arc
length of 87.64 feet (26.714n~), through a central angle of 25° 30' 35", having a chord which
bears South 24° 44' 32" West, 86.92 feet (26.494m};
39. Thence South 11° 59' 14" West a distance of 112.20 feet (34.198m) to a point of curvature;
40. Thence along the arc of a curve to the right having a radius of 295.28 feet (90.OOOm}, an arc
length of 157.18 feet (47.908m), through a central angle ol'30° 29' S8"> having a chord
which bears South 27° 14' 08" West, 155.33 feet (47.3451n);
41. Thence North 47° 31' 00" West a distance of 32.81 feet (10.000m);
42. Thence along the arc of a curve to the right having a radius of?_62.47 feet (80.000m), an arc
length of 143.61 feet (43.771m), through a central angle of 31° 20' S6", having a chord
which bears South 58° 09' 41" West, 141.82 feet (43.227m);
43. `hhence North 18° 37' 45" West, non-tangent with the previously described curve, a
distance of 22.72 feet (6926m);
44. Thence South 71° 22' 15" West a distance of 164.04 feet (SO.OOOm) to a point of curvature;
45. ~:~1lence along the arc of a curve to the(hT} having a radius of 433.07 feet (132.OOOm), an
arc length of 198.14 feet (60.394in), through a central angle of 26° 12' S2", having a chord
which bears South 58° 15' 47 West, 196.42 feet (59.868m);
46. Thence South 44° 48' 32" East a distance of 22.97 feet (7.OOOm) to a point of curvature;
47. Thence along the arc of a curve to the left having a radius of 410.10 feet (125.OOOm), an arc
length of 21.2.62 feet (64.806~n}, through a central angle of 29° 42' 18", having a chard
which bears South 30° 18' 06" West, 210.25 feet (64.083m};
48. Thence North 74° 33' 03" West a distance of 16.40 feet (S.000m);
49. "Thence South 15° 26' S7" West a distance of 114.52 feet (34.905m) to a point of curvature;
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50. 1~hence along the arc of a curve to the right 1~aving a radius ~f 360_$9 feet (] ] 0,000110; a7~
arc length of 44.30 feet (13.502m), through a central angle of 07° O1' S7", having a chord
which bears South 18 57 56 West, 44.27 feet (13.493m) to the Point of Beginning.
Containing: A gross area of 2.41 acres (0.975 hectares), more or less, of which 1.00 acres (0.402
hectares), more or less, lies within existing highway right-of--way', ]eaving a net area of 1.41 acres
(0573 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 2~, and the Center-south Sixteenth
Corner of Section 22 Township 21 North ,Range 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 SOlnm
capped iron pipe "USI~S BDY T21N RSE 1968 1,S 3332".
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"EXHIBIT B"
PARCEL 1`vTO. PF,19-~
From: Sta. 6+739
O~i~ner: hranco, Maria To: Sta. ~-I-775
Tax Parcel: 062-390-028-000
Project NO: CA PFH 119-2(4} ln; I3UT"I'F COtTNTY, CA
Project Name: ORC)VILLp,-QIJINCh HIGLIWAY
An Easement for the purpose of operating, installing, maintaining and/or reinstalling said drainage
facilities and all necessary appuT-t.enances thereto in, over, under and/or across the herei.~~ descrbed
parcel.
A parcel of land within the Northwest Quarto 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 19988.1741 ~ in the Official Records of said county,
described as follows:
Beginning at a point from which the North Quarter Corner of Section 13, "ho«~nship 21 North,
Range 5 lsast, which is monumented by a U.S. 1 orest Service monument, bears North 53° 24' 22"
F_,ast a distance of 1,349.50 feet (411.329m).
1. Thence North 15° 26` 57" East a distance of 11452 feet (34.905m);
2. Thence South 74° 33' 03 " bast a distance of 16.40 feet (S.OOOm);
3. `l~hence South 1 S° 26` 57" West a distance of 114.52 feet (34.905m);
4. `fhence North 74° 33' 03 " ~Uest a distance of ] 6.40 feet (S.OOOm) 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 No1-th 02°
OT 25" West between the South Quarter Corner of Section 22, and the Center-South Sixteenth
Corner of Section 22 Tow~~ship 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 "t1SFS BND~ T21N RSE 1968 LS 3332".
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PARCT;L NO. I'EI9-6
Owner: ~Praneo, Maria From: Sta. 6+849
Tax Parcel 062-390-028-000 7'0: Sta. 6~-967
Project NO: CA PITH 1 19-2(4)
Project Name: OR_OVILLE-QUINCY HIGHWAY In: BUTTE COtTNTY, CA
An Easei7~ent for the purpose of operating, installing, maintaining and;or reinstalling said drainage facilities and all
~lecessary appurtenances thereto in, over-, ~.mder and/or across the herein described parcel.
A parcel of land within the Northwest Quarter of Section 13, Towmship 21 Noah, Range 5 Fast Ti~om
the Mount Diablo Base and Meridian in Butte County, California, being a portion of that parcel of
land described in a deed recorded as 1998817416 in the Official records of said county, described as
follows:
Beginning at a point Ti-om which the North Quarter Corner of Section 13, Township 21 North,
Range 5 East, which is monw~~ented by a U.S. forest Service monument, bears No~-t.h 59° l 8'45"
East a distance of 718.08 feet (218~872m).
1. Thence South 4l °33' 09 "West a distance of 99.46 feet (30.315m);
?_. `T'hence Soutlr 71 °22' l 8" West a distance of 77.75 feet
(23.699m);
Thence South 79° 35'25" West, non-tangent with the following described curve, a
distance of 193.28 feet (58913m) to a point of curvature;
4. Thence along the arc of a curve to the right having a radius of 433.07 feet (13?_.000m),
an arc length of 19$.14 feet (60.394m), through a central angle of 26° 12' S2", a chord which
bears North 58° ] 5'47" East, 196.42 feet (59.868m);
5. Thence North 71 ° 22' 15" East a distance of 164.04 feet (SO.OOOm);
6. Thence South l 8° 37'45" East a distance of 22.72 feet {6.926m) to the Point of
Beginning; Containing: A net area of 0.42 acres (0.168 hectares), more or less.
Basis of Bearings: Bearings for t11is description are based on the measured bearing ofNorth 02° 07` 25"
West between the South Quarter Comer of Section 22, and the Center-South Sixteenth Corner of Section
22 Township 21 Noah, flange 5 East, Mount Diablo Base and Meridian. The South Quarter Corner
being a 25mm iron pin and the Center-South Sixteenth Comer being a SOnvn capped iron pipe "USFS
BNDY 1'21N RSE 1968 LS 3332".
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.PARCEL NO. PE20-3
O«ner: Franco, Maria From: Sta. 7+066
'Tax Parcel: 062-390-028-000 `To: Sta. 7+107
Project NO: Cfl PFH 1 ] 9-2(4)
Project Name: OR_OVILLE-QUINCY HIGHW~aY In: BUTTE COUNTY, CA
,~ln Easement for the purpose of operating, ,installing, maintaining and/or reinstalling said drainage
facilities and all necessary apptu-tenances thereto in, over, under and/or across the herein described
parcel.
A parcel of land within the Northwest Quarter of Section 13, `l~ownship 27. North, R_angc 5 Fast
from the Mount Diablo Base and Meridian i~n Butte County, California, being a I~ortiozi of that
parcel of land described in a decd recorded as 1998817416 in the Official Records of said county,
described as follows:
Beginning at a point Ii~om which the North Quarter Corner o{`Section l 3, 7~ownship 2l North,
Range 5 East, which is nzonumented by a U.S. forest Seaw~ce monument, bears South 89° 29' 10"
West a distance of 349.1.8 feet (l 06.d29m}, Sai~J point being on the northerly line of s~_Iid
North rest Quaz-ter of Section 13.
1. 'thence along said northerly line, South 89° 29' 10" last a distance of 20.08 feet (OG.121m);
2. Thence South 24° 44' 37" West a distance of 79.63 feet (24.271 m);
'hhcnce North 78° 00' 46" West a distance of 16.40 feet {S.OOOm);
4. Thence along the arc of a curve to the right having a radius of 196.85 feet (60.000m), an arc
length of 75.51 feet (23.015m), through a central angle of 21 ° 58' 39", having a chord which
bears North 22° 58' 43" Fast, 75.05 feet (22.S74n~);
5. to the Point of Beginning;
Containing: A net area of 0.04 acres (0.014 hectares), mare 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, 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 50mm
capped iron pipe "USFS BNDY T21N RSE 1968 LS 3332".
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