HomeMy WebLinkAbout05-035BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
Resolution NO. 05-035
RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY
OR INTEREST 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 PFH 119-2(4),
PARCEL N0.061-440-025
The Butte County Board of Supervisors, by vote of two-thirds or more of its members, FINDS,
DETERMINES, DECLARES, AND RESOLVES that:
1. This Resolution supersedes Resolution 04-216, as adopted by the Board of Supervisors on
November 30, 2004.
2. County of Butte and the Federal Highway Administration, intends to reconstruct the
Oroville-Quincy FH-1 19 Highway. The "project", a public use, and, in comlection therewith, acquire
interests in certain real property. Said project is for a public use which is a function of the
County of Butte.
3. 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).
4. 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.
5. On February 11, 2005, 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 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.
6. The hearing referenced in said Notice of Hearing was held on 1 March, 2005 at 11:00
a.m. in the Board of Supervisors Meeting Room, 25 County Center Drive, Oroville, California as
stated therein, and all interested parties were given an opportunity to be heard. The hearing was
closed.
7. 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 § 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(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.
8. 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 1s1 day of March, 2005, by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None ~ 1
,: r
~;
Kim K. Yamaguchi,
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 ~ ' a_~
C~er eputy
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3
EXHIBIT A
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EXHIBIT B
"EXHIBIT B"
PARCEL NO. P14-1
From: Sta. 4+714
Owner: Danysh, Gregory ~ To: Sta. 4+978
Tax Parcel: 061-440-025-000
Project NO: CA PFH 119-2(4) In: BUTTE COUNTY, CA
Project Name: QUINCY-OROVILLE HIGHWAY
A 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 1993846009 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 5 East, which is monumented by a BLM monument, bears South 69° 21' 07" East a distance
of 1,023.29 feet (311.898m). Said point being on the westerly line of said parcel and on the
existing centerline of the Oroville-Quincy highway.
Thence along said westerly line, North 13° 00' 00" West, non-tangent with the following
described curve, a distance of 49.21 feet (15.000ln) to a point of curvature;
2. Thence along the arc of a curve to the left having a radius of 259.19 feet (79.000m), an arc
length of 30.41 feet (9.270m}, through a central angle of 06° 43' 23", a chord which bears
North 24° 53' 19" East, 30.39 feet (9.264m);
3. Thence North 68° 28' 26" West a distance of 19.69 feet (6.000m);
4. Thence North 21° 31' 34" East a distance of 101.74 feet (31.OlOm) to a point of curvature;
5. Thence along the arc of a curve to the right having a radius of 367.45 feet (112.000m), an
arc length of 270.19 feet (82.353m), through a central angle of 42° 07' 46", a chord which
bears North 42° 35' 27" East, 264.14 feet (80.51 lm);
6. Thence North 26° 20' 38" West a distance of 9.84 feet (3.000m);
7. Thence North 63° 39' 22" East a distance of 311.07 feet (94.815m);
8. Thence South 26° 20' 38" East a distance of 22.97 feet (7.000m) to a point of curvature;
9. Thence along the arc of a curve to the left having a radius of 137.80 feet (42.000m), an arc
length of 65.39 feet (19.930m), through a central angle of 27° 11' 20", a chord which bears
North 50° 03' 38" East, 64.78 feet (19.744m);
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10. Thence North 36° 28' O1" East a distance of 34.99 feet (10.665m) to a point on the northerly
line of said parcel;
11. Thence along said northerly line, North 87° 00' 06" East a distance of 43.97 feet (13.403m)
to a point on the existing centerline of the Oroville-Quincy highway;
12. Thence along said centerline the following courses: South 36° 23' 04" West a distance of
1.28 feet (0.389m);
13. Thence South 37° 02' 00" West a distance of 33.61 feet (10.244m);
14. Thence South 43° 34' 25" West a distance of 67.11 feet (20.454m);
15. Thence South 62° 19' S0" West a distance of 63.57 feet (19.375m);
16. Thence South 72° 33' 31" West a distance of 66.53 feet (20.278m);
17. Thence South 66° 41' 19" West a distance of 69.44 feet (2L164m);
18. Thence South 56° 16' S1" West a distance of 34.04 feet (10.374m);
19. Thence South 51° 21' 39" West a distance of 68.07 feet (20.749m);
20. Thence South 55° OS' 42" West a distance of 69.43 feet (21.163m);
21. Thence South 59° 06' 41" West a distance of 68.65 feet (20.923m);
22. Thence South 58° 24' 21" West a distance of 34.21 feet (10.428m);
23. Thence South 46° 40' 36" West a distance of 74.77 feet (22.789m);
24. Thence South 17° 29' 04" West a distance of 74.48 feet (22.703m);
25. Thence South 08° 23' 44" West a distance of 66.63 feet (20.308m)
26. Thence South 21° 33' 12" West a distance of 64.56 feet (19.678m)
27. Thence South 37° 50' 23" West a distance of 17.91 feet (5.459m) to the Point of
Beginning.
Containing: A gross area of 0.79 acres (0.320 hectares), snore or less, of which 0.73 acres (0.297
hectares), more or less, lies within existing highway right-of--way, leaving a net area of 0.06 acres
(0.023 hectares), more or less.
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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
South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a 5Omm
capped iron pipe "USFS BDY T21N RSE 1968 LS 3332".
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DEPAtZTMENT OF PUBIC WORKS
C O U N T Y O F BUTT E
J. Michael Crump, Director
February 11, 2005
Mr. Gregory Danysh
P.O. Box 743
Berry Creek, CA 95916-0743
APN: 061-440-025
7 County Center Drive
Oroville, CA 95965-3397
(530) 538-7681
(FAX) 538-7171
Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to
Acquire Certain Real Property or Interest in Real Property by
Eminent Domain (California Code of Civil Procedure §1245.235),
Oroville-Quincy FH-119 Highway Reconstruction Project, Project No. CA
PFH 119-2(4), Parcel No.061-440-025.
Dear Mr. Danysh:
The County of Butte has notified you and presented an offer to purchase a portion of your property
to complete the Oroville-Quincy FH-119 Highway Reconstruction project. Due to requirements
set forth by the State of California to enable the County to secure funding for the reconstruction
project, agreements or right of possession for required right of way is required in order to certify
the project for funding. The cut off date for certification is quickly approaching. The apparent
impasse in negotiations requires the County to proceed with the next step in the right of way
acquisition process. The negotiations will continue in hopes to purchase the needed right of way
prior to completion of Eminent Domain.
On November 10, 2004, the County mailed you a notice on the Board of Supervisors intent to
adopt a similar Resolution of Necessity. On November 30, 2004, the Board of Supervisors held a
public hearing and adopted Resolution 04-216. However the County is concerned that you may
have not received an actual notice of that Board of Supervisors hearing and has determined it is all
parties best interest to hold a second public hearing and ask the Board of Supervisors to reconsider
the adoption of a Resolution of Necessity. This second hearing is scheduled for 11:00 a.m. on
March 1, 2005, in the Board of Supervisors chambers, 25 County Center Drive, Oroville,
California.
The Eminent Domain process involves specific steps which will assist you in responding to the
process:
1. Notice of the Intent of the Butte County Board of Supervisors to Adopt a
Resolution of Necessity. The Butte County Board of Supervisors intends to consider the
adoption of the attached Resolution of Necessity on March 1, 2005 at 11:00 a.m. which, if adopted
will authorize the County of Butte to acquire the property described herein by eminent
Gregory Danysh February 11, 2005
Notice of Hearing
domain for the Reconstruction of the Oroville-Quincy FH-119 Highway.
A map, along with the description of the property being considered for acquisition and a~1
appraisal summary statement, marked Exhibit A, Exhibit B, and Exhibit C respectively are
provided with the proposed Resolution of Necessity marked Exhibit D. A copy of each is attached
to this Notice and identified as Attachment 1 (which property shall be referred to herein as the
Property.)
2. Notice of Your Right to Appear and Be Heard. Please take notice that the
Butte County Board of Supervisors, at a regular meeting to be held on March 1, 2005 at 11:00
a.m., or as soon thereafter as the matter maybe heard, at the Board of Supervisors Meeting Room,
25 County Center Drive, Oroville, California, will hold a hearing on whether such a
Resolution of Necessity should be adopted, as required by California Code of Civil
Procedure § 1245.220 for the commencement of an eminent domain proceeding to acquire real
property.
You have a right to appear and be heard before the Butte County Board of Supervisors
at the above scheduled hearing on the following matters and issues, and to have the Butte
County Board of Supervisors give judicious consideration to your testimony prior to
deciding whether or not to adopt the proposed Resolution of Necessity and make the findings listed
therein:
a. Whether the public interest and necessity require the proposed project;
b. Whether 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. Whether the property sought to be acquired by eminent domain and described in
the Resolution of Necessity is necessary for the proposed project;
d. Whether the offer required by Government Code §7267.2(a), together with the
accompanying statement and summary of the basis for the amount
established as just compensation, was actually made to you and whether said
offer and statement in summary were in a form and contained all of the factual
information required by Government Code §7267.2(a), a copy of which is
attached hereto;
e. Whether the County of Butte has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain to acquire
the properly described herein, as well as any other matter regarding the right to
take said property by eminent domain; and
f. Whether the County of Butte has the statutory authority to acquire the property
by eminent domain.
A copy of the proposed Resolution of Necessity, which will be recommended to the Butte
County Board of Supervisors for adoption and accompanies this Notice as Exhibit D.
Your name appears on the last equalized Butte County assessment roll and in the preliminary
title report as Owner of the property required for the proposed project.
The statutes which authorize the County of Butte to acquire the property by eminent
domain for this proposed project are Government Code §25350.5, Streets and Highways Code §943
2
Gregory Danysh February 11, 2005
Notice of Hearing
and California Code of Civil Procedure § 1240.410.
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days after the
Notice was Mailed will Result in Waiver of the Right to Appear and Be Heard. If you desire
to be heard, please be advised that you must file a written request with the clerk of the
governing board within fifteen (15) days after this Notice was mailed. You must file your request
to be heard at: Clerk of the Board, 25 County Center Drive, Oroville, California, 95965. A Notice to
be Heard form is attached as Attachment 2, for your convenience.
Should you elect to mail your request to the clerk of the board, it must be actually received
by the clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing
appears at the end of this Notice.
California Code of Civil Procedure § 1245.235(b)(3) provides that "failure to file a written
request to appear and be heard within fifteen (15) days after the Notice was mailed will result
in waiver of the right to appear and be heard" on the above matters and issues which are the subject of
the hearing.
The amount of the compensation to be paid for the acquisition of the property is not a matter
or issue being heard by the Butte County Board of Supervisors at this time. Your
nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in
and as determined by a court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between you and the representatives
of the County of Butte on the amount of compensation to be paid for your property.
If you elect not to appear and not to be heard, you will only be foreclosed from raising
in a court of law the issues which are the subject of this noticed hearing and which are
concerned with the right to take the property by eminent domain.
If the Butte County Board of Supervisors elects to adopt the Resolution of Necessity,
then within six months of the adoption of the Resolution, the County of Butte will commence
eminent domain proceedings in Superior Court. In that proceeding, the Court will determine
the amount of compensation to which you are entitled.
If you have additional questions about the property agreement, right of possession or any
other additional items, please contact me at (530) 538-7681.
Sincerely,
Mike Crump, Director
Butte County Department of Public Works
~~ u~i ~^~~'wC~
Stuart Edell, Deputy County Surveyor
Original Notice dated and mailed by First Class Mail, on February 11, 2005
3
Date:
(must be prior to February 28, 2005)
Clerk of the Board
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Re: Notice to Appear and Be Heard, County Project No. CA PFH 119-2(4),
Parcel No. 061-440-025
Honorable Board of Supervisors:
The County of Butte has notified me and presented an offer to purchase a portion of my
property to complete the Oroville-Quincy FH-119 Highway Reconstruction project. I
understand that due to requirements set forth by the State of California to enable the
County to secure funding for the reconstruction project, agreements or right of
possession for required right of way is required in order to certify the construction
project for funding.
I respectively request to appear at the public hearing set fourth on March 1, 2005, at
11:00 a.m. in the Butte County Board of Supervisors Meeting Room located at 25
County Center Drive, Oroville CA, and have my concerns heard in regards to the
proposed Adoption of a Resolution of Necessity to Acquire Property owned by me,
utilizing Eminent Domain procedures.
A map and description of the property being considered for acquisition, marked Exhibit A
and Exhibit B, have been received by myself along with the proposed Resolution of
Necessity and a copy of each has been provided.
Sincerely,
Mr. Gregory Danysh
P.O. Box 743
Berry Creek, CA 95916-0743
APN: 061-440-025
ATTACHAZENT 1 EXHIBIT A
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ATTACHMENT 1 EXHIBIT B
"EXHIBIT B"
PARCEL NO. P14-1
From: Sta. 4+714
Owner: Danysh, Gregory To: Sta. 4+978
Tax Parcel: 061-440-025-000
Project NO: CA PFH 119-2(4) In: BUTTE COUNTY, CA
Project Name: QUINCY-OROVILLE HIGHWAY
A 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 1993846009 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 5 East, which is monume ltded pint beinM on he westerrly line of said parce0l andaon thestance
of 1,023.29 feet (311.898m). Sa p g
existing centerline of the Oroville-Quincy highway.
1. Thence along said westerly line, North 13° 00' 00" West, non-tangent with the following
described curve, a distance of 49.21 feet (15.000m) to a point of curvature;
2. Thence along the arc of a curve to the left having a radius of 259.19 feet (79.000m), an arc
length of 30.41 feet (9.270m), through a central angle of 06° 43' 23", a chord which bears
North 24° 53' 19" East, 30.39 feet (9.264m);
3. Thence North 68° 28' 26" West a distance of 19.69 feet (6.000m);
4. Thence North 21° 31' 34" East a distance of 101.74 feet (31.01 Om) to a point of curvature;
5. Thence along the arc of a curve to the right having a radius of 367.45 feet (112.000m), an
arc length of 270.19 feet (82.353m), through a central angle of 42° 07' 46", a chord which
bears North 42° 35' 27" East, 264.14 feet (80.51 lm);
6. Thence North 26° 20' 38" West a distance of 9.84 feet (3.000m);
7. Thence North 63° 39' 22" East a distance of 311.07 feet (94.815m);
8. Thence South 26° 20' 38" East a distance of 22.97 feet (7.000m) to a point of curvature;
9. Thence along the arc of a30m e throe h a central ang el of 2 71 3 1 8200'e a chordOwhich bears
length of 65.39 feet (19.9 ), g
North 50° 03' 38" East, 64.78 feet (19.744m);
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10. Thence North 36° 28' Ol" East a distance of 34.99 feet (10.665m) to a point on the northerly
line of said parcel;
11. Thence along said northerly line, North 87° 00' 06" East a distance of 43.97 feet (13.403m)
to a point on the existing centerline of the Oroville-Quincy highway;
12. Thence along said centerline the following courses: South 36° 23' 04" West a distance of
1.28 feet (0.389m);
13. Thence South 37° 02' 00" West a distance of 33.61 feet (10.244m);
14. Thence South 43° 34' 25" West a distance of 67.11 feet (20.454m);
15. Thence South 62° 19' S0" West a distance of 63.57 feet (19.375m);
16. Thence South 72° 33' 31" West a distance of 66.53 feet (20.278m);
17. Thence South 66° 41' 19" West a distance of 69.44 feet (21.164m);
18. Thence South 56° 16' S 1" West a distance of 34.04 feet (10.374m);
19. Thence South 51° 21' 39" West a distance of 68.07 feet (20.749m);
20. Thence South 55° OS' 42" West a distance of 69.43 feet (21.163m);
21. Thence South 59° 06' 41" West a distance of 68.65 feet (20.923m);
22. Thence South 58° 24' 21" West a distance of 34.21 feet (10.428m);
23. Thence South 46° 40' 36" West a distance of 74.77 feet (22.789m);
24. Thence South 17° 29' 04" West a distance of 74.48 feet (22.703m);
25. Thence South 08° 23' 44" West a distance of 66.63 feet (20.308m)
26. Thence South 21° 33' 12" West a distance of 64.56 feet (19.678m)
27. Thence South 37° 50' 23" West a distance of 17.91 feet (5.459m) to the Point of
Beginning.
Containing: A gross area of 0.79 acres (0.320 hectares), more or less, of which 0.73 acres (0.297
hectares), more or less, lies within existing high`~~ay right-of--way, leaving a net area of 0.06 acres
(0.023 hectares), more or less.
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W:\PR07ECTS\21 IOPHII\LegalslLEGALS FOR RESOLUTION OF NECESSITY TO ACQUIREUtNA-p14-l.doc
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
South Quarter Corner being a 25mm iron pin and the Center-South Sixteenth Corner being a SOinm
capped iron pipe "USFS BDY T21N RSE 1968 LS 3332".
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3/27/2004
W'~PR07ECTS~21 IOPHII~L.egalslLEGALS FOR RESOLUTION OF NECESSITY TO ACQUIREIRNA-p14-1. oc
ATTACHMENT 1 EXHIBIT C
The appraisal summary statement was included in the February 11, 2005, letter to Mr.
Danysh. Since this is an offer to buy it is not public information. If you need additional
information please contact:
Mike Crump
Director of Public Works
7 County Center Drive
Oroville, CA 95965
Tel: 530-538-7266
Fax: 530-538-7171
COUNTY OF BUTTE
SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY
OR AN INTEREST THEREIN Danysh
The COUNTY of BUTTE is proposing to: Reconstruct and improve a portion of Federal Highway 119. The
purpose of this project is to standardize lanes, improve the drainage and correct some curve alignment. The
Federal Highway Agency is the lead agency responsible for design and construction. Butte County is
responsible for the acquisition of the required property rights.
Your property located on Oroville-Quincy Highway between Lake Madrone and Stanwood Saddle is within the
project area, and is also identified by the COUNTY Assessor's as APN: 061-440-025
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the
California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom
the COUNTY purchases real property or an interest therein or each tenant owning improvements on said
property be provided with a summary of the appraisal of the real property or interest therein, as well as the
following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have
heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro
rata portion of real property taxes which are allocable to any period subsequent to the passage of title or
possession.
The COUNTY will offer to purchase any remnant(s) considered by the COUNTY to be an uneconomic
unit(s) which is owned by you or, if applicable, occupied by you as a tenant and which is contiguous
to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document(s)
covering this transaction and owned by the grantor(s) herein or, if applicable, owned by the tenant, are being
conveyed unless other disposition of these improvements have been made.
4. The property interests being purchased comprise 0 06 of an acre in fee and 0.73 of an acre in underlying fee.
Said property is described in the enclosed deed and is delineated on the map identified as Exhibit "B"
attached to the enclosed purchase agreement.
The market value of the property being purchased is based upon a market value valuation which is
summarized on the attached Appraisal Summary Statement and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased;
b. Is not less than the approved appraisal of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to
the date of valuation caused by the public improvement for which the property is to be acquired or by
the likelihood that the property would be acquired for such public improvement, other than that due to
physical deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other
benefits which the owner is entitled to receive under an agreement with the COUNTY.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property
which will be affected by the purchase of the required property, may be entitled to compensation for the loss
of goodwill. Entitlement is contingent upon the owner's ability to prove such loss in accordance with the
provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the COUNTY's offer for your property, you are entitled to have the amount
of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation of all or part of your interest in
real property sought to be acquired by the COUNTY as set for in Streets and Highways Code Sections
104.2.
ATTACHMENT 1 EXHIBIT D
RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL
PROPERTY OR INTEREST 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 PFH 119-2(4), PARCEL N0.061-440-025
This is the same Resolution included in the Board of Supervisors agenda. The entire
Resolution with all attachments was included in the February 11, 2005, letter to Mr.
Danysh.
ATTACHMENT 2
Date:
(must be prior to February 28, 2005)
Clerk of the Board
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Re: Notice to Appear and Be Heard, County Project No. CA PFH 119-2(4),
Parcel No. 061-440-025
Honorable Board of Supervisors:
The County of Butte has notified me and presented an offer to purchase a portion of my
property to complete the Oroville-Quincy FH-119 Highway Reconstruction project. I
understand that due to requirements set forth by the State of California to enable the
County to secure funding for the reconstruction project, agreements or right of
possession for required right of way is required in order to certify the construction
project for funding.
I respectively request to appear at the public hearing set fourth on March 1, 2005, at
11:00 a.m. in the Butte County Board of Supervisors Meeting Room located at 25
County Center Drive, Oroville CA, and have my concerns heard in regards to the
proposed Adoption of a Resolution of Necessity to Acquire Property owned by me,
utilizing Eminent Domain procedures.
A map and description of the property being considered for acquisition, marked Exhibit A
and Exhibit B, have been received by myself along with the proposed Resolution of
Necessity and a copy of each has been provided.
Sincerely,
Mr. Gregory Danysh
P.O. Box 743
Berry Creek, CA 95916-0743
APN: 061-440-025