HomeMy WebLinkAbout06-059Resolution
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)),
COUNTY OF BUTTE INTERSECTION EXPANSION AND TRAFFIC SIGNAL INSTALLATION
PROJECT AT THE 1TERSECTION OF LINCOLN BLVD. & OPHIR ROAD, COUNTY
PROJECT N0.21461-98-2, ASSESSOR'S PARCEL NO'S. 036-270-028 (OLD) 078-090-041 {NEW)
AND 036-270-082 (OLD} 078-090-042 (NEW}.
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 intends to reconstruct, expand and install Traffic Signals at the Intersection of
Lincoln Blvd. & Ophir Road, herein after called "Project" 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 described in Exhibit A and shown 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.
3. The property to be acquired is more particularly described in Exhibit A, and shown in Exhibit B
attached hereto and incorporated herein by reference together thereof.
4.On March 24, 2006, 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
described in Exhibit A and shown in Exhibit B. Said 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 Roll as having an interest in the property
described in Exhibit A, 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.
S. The hearing referenced in said Notice of Hearing was held on 11 April, 2006 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 described in Exhibit A and shown in Exhibit B herein is necessary for
the proposed project.
d. 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 and contained all the factual
disclosures provided by Government Code §7267.2(a).
e. 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 A, 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 A, 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 tape immediate possession
and use of said property for said public uses and purposes.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this 11'~ day of A a,~rf'1, 2006, by the following vote:
AYES: Supervisors Connelly, Dolan, Yamaguchi and Cinair 3osiassen
NOES: None
ABSENT: None
NOT VOTING: Supervisor Hoag
Chair,
of Butte, State of California
ATTEST:
PAUL E. McINTOSH
Chief Administrative Officer
and C1erlC of the Board of Supervisors
B ~
Cler ep ty
a
7 ~ 00
~ QO W N
a 00
u J i ~ _ ~
N t0
Z ~ ~
~_
_Iz~ a N
O
M
((,~ ~,
U ~ o
y Z ~
~ \ o
3 J m ~
a ~ ~
\
Im v ~ 000
.,
..
^
ro N F
!~y U O lil 74! ~
lO
o ~ N '
Q A A V
~ o^
~
N
Z ~ ~
~ "
c ~`
i
,
rc
i x
~ ~ M
~ s
~
° ~
'O o
fU =
z0
a
3
=a
O ~ " "`
a
J
w
7
>~~
~i~
~~
1/n\I
~J
:".
8
i~
O ~'1
,~
i
~I
i 11
IE
1 T
'~
~ I
it
> O :•
' O:1
.+;
;~~
~.
~(
~I
o'. i
,~i1 '
,O '. 1
a ._
~~~1J1J ~~
~€ g
~~ - ~-
08 rn
~~
~~ ~ -
EmWa~:it ~~::I ~ a.: o
.~X ''' ~~~ ;iy`
-~ g,
ae : ~ ~ ~~ ,
~3 ES oar ~~~~.. 3$' I'I i
,m~
3 s i
F 1 '~` ~ R
~~ ~ as . ® $ m~~~ I S ~v' i~ 1
~~~4 ~K ~ R 94.40.1 OUi~6.r N ~. T ~:
gLL ~ Z ~~ Sb'6l I I ~' ° 3~i
w B ~p~" ~o Il~j~.~~' .~ F.
¢~QQ'~ ~~ Zu WLl! /BWry r ('y rryfl'I ~.•~ •l
~ Q tl $o U C ~ ~ iCf• ^ ~!
p 99y¢ 40" RT
u ~ n a~E ~~ W~b m0` F ~mp gj. ~( .'>]I. ~ ~ 1 41+26:82
~ ~ R E, V m C] ~ p : $ ~ •y'67i >' "s,; ~~ I ! ~9I+26.62:'
,p ~ ~ ~ ~ F R' ~ ~ ~ _ d < ~ R t y9'99'E A7' :T ~ a'
$ ~ 0.a ~ { . 9as• eh_ , . ~' i .~.H~51' R~w:,
C e m 119.69' 69.7-~ Q~~, ~ ~,_, 4;~
~ _o
v G `k I
' 329.98' S01'58'E 40~ RAW 175.59' n 4990: •39' S86'S4'S]'W ~ ^~ ' fi.
.._L________.-_~.._ -. ._ 49.44 ~-7H5"$Obt'S8'E'a ".~~7.. ~ 6~ ai~^~:.•~::=~y--_'_~~c f,~
~_. ~__.__'. 165.03' NO'O1'S9•W _ Y ,M... -po-p^'~I ,_c _-~p~, _.~ ..
.y e ~JI
i ~ :~
a. . a ..P 9Af6 11' E (MR ~ +
- - -
r - - - - _ _ - - p =: ~ -30.`- T ' ~EX. 30' R/W NOb7'S8'W 165.D3'(N) '' st~sp6~'19'E~+~.) ..-- •v_ ''~ . ~ _ i _._ __
___.
____
..___
._._. ....... ._.._ _...... ._._. .__.. _.__ ..__... .~_.. .._._ _._... .__._ ___.._.__. .~ OVm~ OPkIR'RDAD'"'_5_~. AHO v
'1 ...__~ _509+37.5] 396166 m b"7~ y
LINCOLN BLVD. LINCOLN ~` ~N6EB-p]RD3~09' °°"'9 ~` mob"
00 _ 407+00 _ _ ~ -_L1NE _~QQ 09 . _ ---..----399+DO- -- -'-_.. ~ lW yMLN fiLYj 39fi19638 b
__ . .-.__ _- ___ __ r _a . _-,._
~ .-
-_ ._=._~._~.__._..__ ._.--_._'_"~ y ''16 ~ -~... a RR SP XE Vf k
___ ~, Ic~xM
PARCEL°C' PARCEL) /~Ye PER 185 DEED6106 ~ ~' jI `
.... ...._.. ....__ ._30'CT.... ..'501'5$°E __._ __._ __.. 30'RT ._.._._ _... E_va2^_ .... NOtl9t'S8'w e64.41'9 __ __ 3964 ~ ,I _ a_
_,p I 1003 OR 04 ._..._.__.._._.__._...-.. ~._..___.___ _~_:~ -'L'-49'bt _ __ of
+80.33 131.74' 400+28.42 _~~~=.:.tom..-__ _..,Y.._~.__.1..-._.=~_.._..___......~_.__.:; ....-_+..- _ _ f+dl....;,_ttl(u7. ___ ~i `..-et 9Dt~.]$R}~~ ___S00'0 S~B~
,
~~ Yv,. ~ '~ - - 590b1'S7' E 26502'(R) r E)OSTING A5'~R7Y!-SO0b1'5B E-r1~~~ Y'65.Y7'(FA) -~7 ~ ~~ ~672i'(R) M) `'
u _
,i .. ~r-
1
•~
Z
U_
EXHYSYT A
EXHIBIT "A"
Robert W. Schulz
APN 03b-270-028
Parcel A
Being a portion of the Northeast one-quarter of Section 32, Township 19 North.; Range 4 East,
M.D.M., and also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Parcel 2 from GRANT M. ELLIOTT, JR., and DOTTIE 30 ELLIOTT, his wife,
GARY L. ELL10T and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHCJLZ, a single man
recorded May 31st, 1979 in Book 2405 of Official Records at Page 361 in the Office of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way neap labeled OPHIR ROAD AND LINCOLN BLVD., on file in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows;
COMMENCING at a point being the North one-quarter corner of said Section 32, being a found
2 %z" Brass topper stamped RCE 13062 as shown on said Record of Survey for EDWARD
LAZ2ARESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California April 25 , 1986 in Book 10I of maps at Page 40, and also being shown on
said Right of Way map on file under File No. E-2509 as Engineer's Centerline Station `L'
403+60.80;
THENCE, South 00°01'88" East along said centerline of Lincoln Blvd., a distance of 494.42 feet
to a point in the centerline of said Lincoln Blvd. being Engineer's Centerline Station `L'
398+66.38, said point lying North 00°41'58" West, a distance of 170.00 feet from a found
railroad spike with punch mark being the centerline intersection point of Ophir Road and Lincoln
Blvd., as shown on said Right of Way map on file under File No. E-2509, as Engineer's
Centerline Station `L' 396+96.38; -~
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd., North 89°58'02" East, to the
point of intersection of the East right of way line of said Lincoln Blvd. with the South line of said
parcel 2, said point being 30.00 feet Right of Eng'ineer's Centerline Station `L' 398+66.38 and
the TRUE POXNT OF BEGINNING;
Thence, North 00°01'58" West along the said East right of way line of Lincoln Blvd., a distance
of 165.03 feet to a point on the North line of said Parcel 2, said point being 30.00 feet Right of
Engineer's Centerline Station `L' 400+31.41;
THENCE, leaving said East right of way Tine of Lincoln Blvd., North 88°54'57" East, a distance
of 10.00 feet along the most Northerly property line of said Parcel 2 to a point being 40.00 feet
Right of Engineer's Centerline Station `L' 404+31.59;
THENCE, parallel with said centerline of Lincoln Blvd., South 00°01'58" East, a distance of
165.03 feet to a point lying on the most Southerly property line of said Parcel 2;
EXHIBIT "A"
Page 1 of 10
THENCE, South 88°54'57" West along said property line a distance of 10.00 feet to the TRUE
POINT OP BEGINNING containing 0.04 Acres (1,650 square feet), more or less.
Together with underlying fee interest, if any, contiguous to the above described property in and
to said Lincoln Blvd.
The bearing of South 00°01'58" West taken along the centerline of L' incoln Blvd., as shown on
the OPHIR ROAD AND LINCOLN BLVD..Right of Way Map on file with the County of Butte
Departrnent of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCRYPT~ON.
LAND ~~
Approved: ~=~ti ~~~ ~ ~~L~~
V ~ ~N 0i~
No. 6967
Michael Mays '°r ~X~. os~sola~ ~`
Deputy County Surveyor `r~qr a~~`~
County of Butte, California F ~F CA~~F
Date:~~z ~~6~
EXHIBIT "A"
Page 2 of 10
EXHIBIT "A"
Robert W. Schulz
APN 036-270-082
Parcel B
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Pazcel 1 from GRANT M. ELLIOTT, JR., and DOTTIE 70 ELLIOTT, his wife,
GARY L. ELLIOT and DEBBIE L. ELLIOTT,1nis wife to ROBERT W. SCHULZ, a single man
recorded May 31st, 1979 in Book 2405 of Official Records at Page 361 in the Office of the
Recorder, County of Butte, State of California, and also being shown an that certain County of
Butte Right of Way map labeled OPHIR ROAD AND LINCOLN BLVD., on file in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being Snore
particularly described as follows:
CONIlV111NCING at a point being the North one-quarter corner of said Section 32, being a found
2 '/2" Brass topper stamped RCE 13062 as shown on. said Record of Survey for EDWARD
LAZZARESCHI, which ma~ was fled in the Office of the Recorder of the County of Butte,
_ State of California April 25 , 1986 in Book 101 of reaps at Page 40, and also being shown on
said Right of Way map on file under pile No. E-2509 as Engineers Centerline Station `L'
403+60.84;
THENCE South 00°01'58" East along said centerline of Lincoln Blvd., a distance of 494.42 feet
to a point in the centerline of said Lincoln Blvd. being Engineer's Centerline Station `L'
398+66.38, said point lying North 00°01'58" West, a distance of ].70.00 feet from a found
railroad spike with punch mazk being the centerline intersection point of Ophir Road and Lincoln
Blvd. as shown on said Right of Way map on file under File No. E-2509, as Engineer's
Centerline Station `~L' 396+96.3$;
THENCE leaving said Engineer's centerline of Lincoln Blvd., North 89°58'02" East, to the point
of intersection of the East right of way line of said Lincoln Blvd. with the North line of said
Parcel 1, said point being the northeast comer of that parcel described in that Grant Deed to the
County of Butte recorded September 7, 1988, as instrument number 88-030309, Official Records
of Butte County, said point also being 30.00 feet Right of Engineer's Centerline Station `L'
398+66.38 and the TRUE POINT OF BEGINNING;
THENCE along said East right of way line of Lincoln Blvd. as described in said Grant Deed to
the County of Butte, South 06°08' 11" Easfi, a distance of 94.05 feet to the point of beginning of a
non-tangent curve to the left, having a radius of 40.00 feet, the radius point of which bears North
89°58'02" East;
THENCE southeasterly along the arc of said curve through a central angle of 9i°03'05", a
distance of 63.57 feet to a point of tangency on the most northerly right of way line of said Ophir
EXHIBIT "A"
Page 3 of 10
Road, as said right of way line is described in said Grant Deed to the County of Butte, said point
being 35.00 feet Left of Engineer's Centerline Station `L' 91+39.28;
THENCE North 88°54'57" East, along said northerly tight of way line of Ophir Road, a distance
of 578.72 feet to a point being 35.00 feet Left of Engineers Centerline Station `L' 97+18.00;
THENCE leaving said northerly l:uae of Ophir Road, North 87°14-'28" West, a distance of 268.60
feet to an angle point being 53.00 feet Left of Engineer's Centerline Station `L' 94+50.00;
THENCE South 8$°54'57" West, a distance of 140.00 feet to a angle point being 53.00 feet Left
of Engineer's Centerline Station `L' 93+10.00;
THENCE North 01°05'03" West, a distance of 11.00 feet to a angle point being 64.00 feet Left
of Engineer's Centerline Station `L' 93+10.00;
THENCE South 88°54'57" West, a distance of 180.00 feet to a angle point being 64.00 feet Left
of Engineer's Centerline Station `L' 91+29.90 on said.Ophir RQad;.
TI-iENCE North 45°36'33" West, a distance of 43.30 feet to a angle point being 40.00 feet Right
of Engineer's Centerline Station `L' 397+92.00;
. THENCE North 04°01'58" Wesf, a distance of 74.56 feet to a point on the Northerly property
" Brie of said Parcel 1 being 40.00 feet Right of Engineer's Centerline Station `L~ 398+66:56; ~ - ..~:.-- ~ ~ . :. .
THENCE along said Northerly property line of Parcel 1, South 88°54'57" West, a distance of
10.00 feet to the TRUE POINT OF BEGINNING.
Containing 0.27 Acres (11,647 square feet), snore or less
The bearing of South-04°01'58" West taken along the~centerline of Lincoln Blvd., as shown on-~ ~~~
the OPHIR ROAD AND LINCOLN BLVD. Right of Way Map on ~.le with. the County of Butte
Department of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCRIPTION.
Approved:
Michael Mays
Deputy County Surveyor
County of Butte, California
4 LAND SG
~' ~,Q.rG~- C 'QG~
~~~ ~~
No, fi967
~~9 EXP. 09130J07~~\*
\~ OF CAS-~F/
Z~ZZ~d(o
Date:
EXHIBIT "A"
Page 4 of 14
EXHIBIT "A"
Robert W. Schulz
APN 036-270-028
STORM DRAIN EASEMENT DE-I.
Being a portion of the Northeast ane-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of that certain. parcel of land as described in that Individual
Grant Deed as Pazce12 from GRANT M. ELLIOTT, JR., and DOTTIE JO ELLIOTT, his wife,
GARY L. ELLIOT and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHULZ, a single man
recorded May 31st, 1979 in Book 2405 of Official Records at Page 361 in the Office of the
Recorder, County of Butte, State ~of California, and also being shown an that certain County of
Butte Right of Way map labeled OPHIR ROAD ~ AND LINCOLN BLVD., on file in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows; ...... ...._. _.
COIVIMENCING at a point being the North one-quarter corner of said Section 32, being a found
2 %Z" Brass topper stamped RCE 13062 as shown an said Record of Survey far EDWARD
LAZZARESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California April 25 ,1.986 in Book -101 of maps at Page 40, ,and also being shown on.
~_" ..:saiii Right of Way map on file under File No. ~E-2509 as Engineer's Centerline ~Station~-`L'_,.,._.,__ ..
403+60.80;
THENCE, South 00°01'58" East along said centerline of Lincoln Blvd., a distance of 494.24 feet
to a point in the centerline of said Lincaln Blvd. being Engineer's Centerline Station `L'
398+66.56, said point lying North 00°01'58" West, a distance of 170.18 feet from a found
railroad spike with poach mark being the centerline intersection point of Ophir Road and Lincoln
Blvd:, -as shown '~o~n'said-~Ri'ght-'af "Way map -on file under File No.- E-2509 as Engineer's-
Centerline Station `L' 396+96.38;
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd., North 89°58'02" East, to a
point being on the mast Southerly property line of Parcel 2, said paint being 40.00 feet Right of
Engineer's Centerline Station `L' 398+66.56 and the TRUE POINT OF BEGINNING;
Thence, parallel with said centerline, North 00°OI'S8" West, a distance of 49.44 feet to a point
being 40.00 feet Right of Engineer's Centerline Station `L' 399+16.00 as shown on said Right of
Way map on file~under File No. E-2509;
THENCE, South 09°39'09" East, a distance of 49.99 feet to a point on the most Southerly
property line of said Parcel 2 being 48.35 feet Right of Engineer's Centerline Station `L'
398+66.72, as shown on said Right of Way map;
EXHIBIT "A"
Page5of10
THENCE, along said Southerly property line of said Parcel 2, South $$°54'57" West, a distance
of 8.35 feet to the TRUE POINT OF BEGINNING.
Containing 0.005 Acres (207 square feet}, more or less.
The bearing of South 00°01'5$" West taken along the centerline of Lincoln Blvd., as shown on
the OPHIR ROAD AND LINCOLN BLVD. Right of Way Map on file with the County of Butte
Department of Public Works, f le no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCRIPTION.
Approved:
Michael ays _ .
Deputy County Surveyor
County of Butte, California
~ SAND S
~~~`~~\G~p,~L L. ~RL~o Date: z.`az 6 ~
~ ~ ~
No. 6987
~ EXP. 09130107~`*
~9T~ 0~ CAS-~F~~
EXHIBIT "A"
Page 6 of 10
EXHIBIT "A"
Robert W. Schulz
APN 036-270-082
STORM DRAIN EASEMENT DE-Z
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Parcel 1 from GRANT M. ELLIOTT, JR., and DOTTIE 30 ELLIOTT, his wife,
GARY L. ELLYOT and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHULZ, a single man
recorded May 31st, 1979 in Book 2405 of Official Records at Page 36I in the Office of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way map labeled OPHIR ROAD AND LINCOLN BLVD., on f~Ie in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows;
COMMENCING at a point being the North one-quarter corner of said Section 32, being a found
2 %z" Brass topper stamped RCE 13062 as shown on said Record of Survey far EDWARD
LAZZARESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California April 25 , 19$6 in Book 101 of maps at Page 40, and also being shown on
• - said~RCW map on file under File No: E-2509 as Engineer's Centerline Station•`L' -403+60:80; -~~•,--~ -~~ -
THENCE, South 00°01'58" East along said centerline of Lincoln Blvd., a distance of 494.24 feet
to a point in the centerline of said Lincoln Blvd. being Engineer's Centerline Station `L'
398+66.56, said point lying North 00°01'58" West, a distance of 170.18 feet from a found
railroad spike with Bunch mark being the centerline intersection point of Ophir Road and Lincoln
Blvd., as shown on said Right of Way map on file under File No. E-2509 and also being shown
as Engineer's Centerline Station `L' 396+96.3 8; ~ ~ ~- -
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd., North $9°58'02" East, to a
point being on the most Northerly property line of Parcel 1 as shown on said individual grant
deed., said point being 40.00 feet Right of Engineer's Centerline Station `L' 398+66.56 and the
TRUE POINT OF BEGINNING;
Thence, along said Northerly property line of said Parcel 1, North 88°59-'S7" East, a distance of
8.35 feet to a point being 48.35 feet Right of Engineer's Centerline Station `L' 398+66.72;
THENCE, leaving said Northerly property line of said Parcel 1, South 09°39'09" East, a distance
of 69.70 feet to a point being 60.00 feet Right of Engineer's Centerline Station `L' 397+98.00;
THENCE, South 49°23'02" East, a distance of 30.82 feet to a point being 80.00 feet Left of
Engineer's Centerline Station `L' 9I+42.76, as shown on said Right of Way map on file under
File Na_ E-2509;
EXHIBIT "A"
Page7of10
THENCE, North 88°54'57" East, a distance of 188.24 feet to a point being 80.00 feet Left of
Engineer's Centerline Station `L' 93+31.00;
THENCE, South 78°18'09" East, a distance of 122.02 feet to a point being 53.00 feet Left of
Engineer's Centerline Station `L' 94+50.00;
THENCE, South 88°54'57" West, a distance of I40.00 feet to an angle point being 53.00 feet
Left of Engineer's Centerline Station `L' 93+I0.00;
THENCE, North OI°05'03" West, a distance of 11.00 feet to an angle point being 64.00 feet Left
of Engineer's Centerline Station `L' 93+10.00;
TI-IENCE, Sfluth 88°54'57" West, a distance of 180.00 feet to an angle point being 64.00 feet
Left ofEngineer's Centerline Station `L' 9I+29.90;
THENCE, North 45°36'33" West, a distance of 43.30 fee# to~ an angle point being 40A0 feet
Right of Engineer's Centerline Station `L' 397+92.00;
THENCE, North 00°01'58" West, a distance of 74.5b feet to the TRUE POINT OF
BEGINNING.
Containing 0.15 Acres (6,595 square feet}, n3.ore or less.
END OF DESCRIPTION.
y~ANb
Approved: ~o sG
~~ °~
Michael Mays
Deputy County Surveyor
County of Butte, California
No. 6967 Date: Z~zz~°~
'k ~xP. osl3olo7 'k ' ,
~~9TF ~F CA4~F~~~`F~
EXHIBIT "A"
Page 8 of 10
EXHIBIT "A"
Robert W. Schulz
APN 036-270-082
TEMPORARY CONSTRUCTION EASEMENT-TCE-~
Being a portion of the Northeast one-quarter of Section 32, Township i9 North, Range 4 East,
M.D.M., anal also being a portion of the County of Butte Assessor's parcel number 436-274-082,
and also being a portion of that certain parcel of land as shown in that Individual Grant Deed as
Parcel I from GRANT M. ELLIOTT', JR., and DOTTIE JO ELLIOTT, his wife, GARY L.
ELLIOT and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHULZ, a single man recorded
May 31st, 1979 in Baok 2445 of Official Records at Page 36I in fine Office of the Recorder,
County of Butte, State of California, and also being shown on that certain County of Butte Right
... .of. Way map labeled OPHIR ROAD. AND LINCOLN BLVD.., -dated 12-07-05 on_.file..in the
Office of the Butte County, Department of Public Works under File No. E-2549 and also being
more particularly described as follows;
COMMENCING at a found railroad spike with punch mark being the centerline intersection
point of Ophir Road and Lincoln Blvd., as shown on said Right of Way reap on file under File
No: 'E-2549 ,and aiso~ being 'shown as Engineer's Centerline Station `L' 396+96.38`{Lincolri~ - - '~
Blvd.) anal Engineer's Centerline Stations `L' 94+5'7.89 Ahead and `L' 94+57.79 Back (Ophir . ~~. .
Road};
THENCE, North 88°54'57" East, clang said centerline of Ophir Road, a distance of 145.62 feet
to a point in the centerline of said Ophir Road being Engineer's Centerline Station `L' 92+03.51;
THENCE, leaving said centerline of Ophir Road, North O1°05'03" West, to a point being 84.40 - ~ -
feet Left of Engineer's Centerline Station `L' 92+03.52 and the TRUE POINT OF
BEGINNING;
THENCE, North Q I°04'48" West, a distance of 19.45 feet to a point being 99.45 feet Left of
Engineer's Centerline Station `L' 92+03.52 as shown on said Right of Way on file under File
No, E-2509;
THENCE, North 88°SS' 12" East, a distance of 40.40 feet to a point being 99.45 feet Left of
Engineer's Centerline Station `L' 92+43.52; -
THENCE, South 41°04'48" East, a distance of I9.45 feet to a point being 80.00 feet Left of
Engineer's Centerline Station `L' 92+43.SI;
THENCE, South 88°54'57" West, a distance of 40.00 feet to the TRUE POINT OF
BEGINNING.
EXHIBIT `A'
Page 9 of 14
Containing 0.02 Acres ('178 square feet}, more ar less
The bearing of South 00°01'58" West taken along the centerline of Lincoln Blvd., as shown on
the OPHIR ROAD AND LINCOLN BLVD. Right of Way Map on file with the County of Butte
Departrnent of Public Works, file no. E-2509 was taken as the basis of bearings far this
description.
END OF DESCRIPTION.
Approved:
~~~ ~~~~~
Michael Mays ~
Deputy County Suaveyor
County of Butte, California
~Q LAND SU
~~~5`,rp.E~ C. ,~~L~,o
G
~ ~ cn ~
No. 6967
~ F~GP.09130107 ~*
~TF DF CAS-~F~~~
Date: z az ~~ .
EXHIBIT `A'
Page i 0 of 10
Road, as said right of way line is described in said Grant Deed to the County of Butte, said point
being 35.00 feet Left of Engineer's Centerline Station `L' 91+39.28; -
TP]ENCE North 88°54'57" East, along said northerly right of way line of Ophir Road, a distance
of 578.72 feet to a point being 35.00 feet Left of Engineers Centerline Station `L' 97+18.00;
THENCE leaving said northerly line of Ophir Road, North 87°14'28" West, a distance of 268.60
feet to an angle point being 53.00 feet Left of Engineer's Centerline Station `L' 94+50.00;
THENCE South $8°54' S7" West, a distance of 140.00 feet to a angle point being 53.00 feet Legit
of Engineer's Centerline Station `L' 93+10.00;
THENCE North 01°05'03" West, a distance of 11.00 feet to a angle paint being 64.00 feet Left
of Engineer's Centerline Station `L' 93+10.00;
THENCE South 88°54'57" West, a distance of 180.00 feet to a angle point being 64.00 feet Left
of Engineer's Centerline Station `L' 91+29.90 on said.Ophir Road;.
THENCE North 45°36'33" West, a distance of 43.30 feet to a angle paint being 40.00 feet Right
of Engineer's Centerline Station `L' 397+92.00;
THENCE North 04°01'58" West, a distance of 74.56 feet to a point on the Northerly property
liri.e of said Parcel 1 being 44.00 feet Right of Engineer's Centerline Station `L'• 398+66:56; = - ~=~ .•~~- ~ ~ - -
THENCE along said Northerly property line of Parcel. 1, South 88°54'57" West, a distance of
10.00 feet to the TRUE POINT OF SEG]Ti'NING.
Contaan~.ng 0.27 Acres (11,647 square feet}, mare ar less
The bearing of South-00°01'58" West taken along the centerline of Lincoln Blvd., as shown on-• --- •
the OPHIR ROAD AND LIl~GOLN BLVD. Right of Way Map on file with the County of Butte
Department of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCRIPTION.
Approved:
Michael Mays
Deputy County Surveyor
County of Butte, California
~~ LAND SG
~`~ Et. L, ~L~
No. 6967
~ EXP. 09/36107 `*
~qT~ OF CA~~Fp~
2.~~ 2/d ~
Date:
EXHIBIT "A>'
Page4af10
ATTACHMENT 2
COPY OF PROPOSED RESOLUTION
BOARD OF SUPERVISORS, COUNTY OF BUTTE, STATE OF CALIFORNIA
Resolution No.
RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR
INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROAD
PURPOSES; ROAD CONSTRUCTION (CODE. OF CIVII~ PROCEDURE §1245.230{a}),
COUNTY OF BUTTE INTERSECTION EXPANSION AND TRAFFIC SIGNAL INSTALLATION
PROJECT AT THE INTERSECTION OF LINCOLN BLVD. & OPHIR -ROAD, COUNTY
PROJECT N0.21461-98-2, ASSESSOR'S PARCEL NO'S. 036-270-028 (OLD) 078-090-041 (NEW}
AND 036-270-082 (OLD) 078-094-042 (NEW).
The Butte County Board of Supervisors, by vote of two-thirds ar more of its members, FINDS,
DETERMINES, DECLARES, AND RESOLVES that:
I. County of Butte intends to reconstruct, expand and install Traffic Signals at the Intersection of
Lincoln Blvd. & Ophir Road, herein after called "Project" 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 described in Exhibit A and shown in Exhibit
B herein and exercise the power of eminent domain far 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.
3. The property to be acquired is more particularly described in Exhibit A, and shown in Exhibit B
attached hereto and incorporated herein by reference together thereof.
4.On March 24, 2006, 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
described in Exhibit A and shown in Exhibit B. Said 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 an the bast equalized County Assessment Roll as having an interest in the property
described in Exhibit A, and to the address appearing an said RoII. 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 11 April, 2006 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 ar located in the manner that will be most
compatible with the greatest public good and the least private injury.
c. The property described in Exhibit A and shown in Exhibit B herein is necessary for
the proposed project.
d. The offer required by §72b7.2(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 Govemment Cade §7267.2(a).
e. 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 A, 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 A, 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 praperry for said public uses and purposes.
2
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this 11`h day of April, 2006, by the following vote:
AYES:
NOES:
ABSENT.
NOT VOTING:
Curt Jasiassen, 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
C1erk/Deputy
ATTACHMENT 3
Date:
{must be prior to April 10, 2046)
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. 21461-98-2,
Assessor's Parcel No's. 036w270-028 (OLD} 078-090-04~. (NEW}
And 035-270-082 (OLD) 078-090-042 {NEW).
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 County of Batte Intersection Expansion and Traffic Signal
Installation Project at the Intersection of Lincoln Slvd. & Ophir Road.
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 are required in order to certifiy the construction
project for funding.
I respectively request to appear at the public hearing set fourth on April 11, 2Q06, at
1430 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 description and map 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,
Robert W. Schulz
122 Cottonwood Circle
Oroville, CA 95965-5841
Q
~ N
s
N
~ o
U 00
pj
~ W
m
a W
~ ra
J s I = ~
m •o
v' N W f0
~
Z ~ {
J z CO a
N
W O P T N
F" y
~ ~ Z ~
J ~ \
f` O .
\
a
~ ~
N c
\
Z
~S°N
~
~
a
I
U Q
V _
W
6
t
F L
Q ]
C Q FA A-A 4
^ ~
Z ~ ~';N
CJ
£ 4
1' +
~ ~ __~
~~~
°
~
~:
O o
U =
z0
a ~'
=
i
O Z c
i
Q
J
J
ss
~ .
-°'®`Zl
- -- ~~~,
y~ o
U
O
J j
U ~
W
& a
M IfpSRR
~ 1-~f -
I
~~~,
J I' ~ -'f-'"""~
~_-O '~_ ~~~' .. .__.
---~Z ~
$~
~~
~~
a=
cs
o$ ~~'
~~~ i
~~~ '~ ~ ~
~w~~~~
IRA III IR 01
~~v~v~~d~ ~ 1
II ~~
s
S~w8~st -
N°1 R~,a
0
~a~a~~ ro
x
eq p~
LL~
~~:
F
R ~.
I~
O II~
2
os
~~~ s
~~~ .. s
sa
U
R tq
Lq W~ ~~~
dd t- W ^ Rm N
^ F~°d ~
,g .
g ~
3~,
33 r^wbO~o ~ ~g
1
91
40
a~ ~ArcoC~~ ~
J ,
,
.
.s4.6E
~
LL ~ ` O N
~ l
~ C m
pZ ~~
6~ a~E ~ ~ < >:o G~iN ~
~
q
6~
1 ~
~~
c
^
Oa'v~
O g
l
g
~z$
~
. ~
I I ~
n d~$ G
Whc a
,-rv
~~~ OQ
~
~ ~1¢ -
ar
^• ~~q ^
1
~ p ya
b~°
., ~
g
v b
_ ll4~ m
~ ~
7i 509'39'09'E
t
O
329,98' 50'1'58"E
4p' R w
i
'
d ~ ?'
e
115.59' ~'
99:
~e~"' 19.49 '~A9' 988'S4'S7'W n~
^N:.fe'-50O1'S8'E ~ , _ ~Y
.
..
.
'
_
___
- - - - - ,
______1__~_. ~ ~
A 165.03' NO'01'56'W
..n I9Nd.'NSRL
~"
'
'
" ' fM'at
~ ~ ~, C ,1.[ " J.:+•~>'"
..
"~ 94.05'S6V6'it Er(M
'OB'29'E(~5~=~_^~'--"•"
'
~ _ -.70r..RT ~
': £X, 30' R W W I6S.OJ
(M)
NO'Ot
S9 30'ftT S96
` N e 9390
~~.~..._
_
__ .__ ___ .__. _.__
LINCOLN ~___ _,_ ~ aaa+airu _._ __ -.
..
BLVD. -- --'-~NCOLN 398+6fi.36 ~R E-1696 PARfA 1
F-
°~ a R~,.a9=v99399
-""°'_
`00
) _u, _.~
-.v... ~:...- -- ~ ____
401+00 _ _ _ L'_ ~NE~,_4OOtpO..,-....__.-.-.__.___.__.-•399+00--_--:_ =a ~
._...... _ ..._..__ ._.__ _-- '-
.~..._~._= : ~ )...___ ..._.._..__ ~_._..._._._..____I ...._..--•.---~ °j ~_N00O136'N 661.42'(RI(M) J9
T
TPOB
. .__ __.- .3V' CI ._. '-'"9O7'SE1°E '-__ ._
4 1+60.33 131.74'
. . -
.~. <`;
~ `
PoR¢E T
PARCEL "C' 30' R PER f A9 OEE05 109
_. ~cLJ2_._ _
_.. __. 30"'RT ._ ._ .__. ._. .__. ...ri,; itx~.--_~ _ ._..:_ :::':.._ ~ '~~.
a0o+za.az 2093 aR o.
O (..-_..l ~_ _. _ ._.._.._+y_ __i,_.___~~~-_---~;r-_..__..r.'_'. Vl.-._ 39)f„91Y1~M)
--_ ..-. -.- -- :~ EXISTING aC'~R%W-~."--,E ~ 269.Z]'
.RiUT'L6bZ- 50091'61' E 265.01'CR) rr 90091'59 C~~
I
:
V?~
~
3n :.:I: x
'?I
: ~.~~'
: :..RC
. Y,~
I<:
?' .
{~
.
L._I~s.
i'dft
+tY~ ~IX
1P f I
,oil
tj
W :f
'~I 1
• .~
A~
I~ I
~~
o ;i
~ . I
'~ '
' s. ~
o.'
o:l
+ :-r
„o;`
'.rn;
.~
~'~ is
ifi
I ~ %~
! al I
S; V'
~ =~
ii;
~:~
''';
i
\ 8:'~:
~:,V-,-,
3
M is ' K
Z Q
F f
S
W N
~ __ w
~g.~ l+
a ~ w.
s
,~ --
36'
-~ 1
n ~ i_ ~I, ~ q~.~ ~i
~ I,
~' ' 3
iI
S ~'a! r'
i +
°~0 n
,~~i' ? t7
L m 1 : i ( 4p'''RT
91Fy6.62
~ ~~91+26.62 '•
R :~` ; ~~
1 I :.44:31' R} ~:
C .Y
AXO
AK
EXHIBIT B
o~P~-rn~~rvr o~
o~uTT~o
p 0
0 0
0 0
~, pcOUN~~y
GgLIC WQR~
Department of Pub~~~ Works
C o u m y o f B U T T E
J. Michael Crump, Director
Shawn H. O'Brien, Assistant Director
March 24, 2006
Robert W. Schulz
122 Cottonwood Circle
Oroville, CA 95965-5841
APN'S: 036-270-028 (OLD) 078-090-041 (NEW) and
036-270-082 (OLD) 078-090-042 (NEW)
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), County of
Butte Intersection Expansion and Traffic Signal lnstaDation Project at the
Intersection of Lincoln Blvd. & Opl:ir Road, Assessor's Parcel No's. 036-
270-028 {OLD) 078-090-041 (NEW) and
036-270-082 (OLD) 078-090-042 (NEW)
Dear Mr. Schulz:
On March 14, 2004, fine Board of Supervisors, County of Butte, and State of California held a hearing
to adopt a Resolution of Necessity regarding acquisition of a portion of your real property by Eminent
Domain. At this meeting the Butte County Board of Supervisors failed to achieve a vote of
two-thirds or more of its members. The Resolution of Necessity will be presented to the
Board of Supervisors during their regular meeting on April 11, 2006 for reconsideration.
The County of Butte has notified you and presented an offer to purchase a portion of your property to
complete the Intersection Expansion and Traft"ic Signal Installation Project at the Intersection of Lincoln
Blvd. &. Ophir Road. Due to requirements set forth by the State of California to enable the County to
secure fiinding 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.
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 a
Resolution of Necessity on April 11, 2006 at 10:30 a.m. which, if adopted, will authorize the County of
Butte to acquire the property described herein by eminent domain for the intersection
Expansion and Traffic Signal ins#allation Project at the Intersection of Lincoln Blvd. & Ophir
Road.
Descriptions of the property and a map being considered for acquisition, marked Exhibit A
and Exhibit B, are provided with the proposed Resolution of Necessity and 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. Nance of Yaur Right to Appear and Be Heard. Please take notice that the Butte
County Board of Supervisors, at a regular meeting to be held on A ril 11 2006 at 10:30 a.m., or as
soon thereafter as the matter may be heard, at the Board of Supervisors Meeting Raom, 25 County
Center Drive, Oroville, California, will hold a hearing on whether such a Resolution of Necessity
should be adopted, as required by California Cade 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 adapt the proposed Resolution of Necessity:
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 acquiured 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
property 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, accompanies this Notice as Attachment 2.
Your name appears an 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, and Streets and Highways Code
§943.
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days after the Notice
vvas 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, 959b5. A Notice to be Heard form is
attached as Attachment 3, for your convenience.
2
Should you elect to mail your requesf to the clerk of the board, it must be actually received by
the clerk for filing within fifteen {1S) days after this Notice was mailed. The date of mailing appears
at the end of this Notice.
California Code of Civil Procedure § 12~-5.235(b)(3) provides that "failure to file a written
request to appear and be heard within f fteen (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 far 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 fine amount of compensation to be paid for your property.
Tf 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 (S30} 538-7681.
Sincerely,
~~ ~
Mike Crump, Director
Butte County Department of Public Works
Original Notice dated and mailed on March 24, 2006.
Attachnrxents
cc: Douglas Bortz, State of California-DOT-Local Programs, 720 Yuba Street, P.O. Box 411,
Marysville, CA 95901
ATTACHMENT Y EXHIBIT A
EXH.IBYT "A"
Robert W. Schulz
APN 036-270-028
Parcel A
Being a porkion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Parcel 2 from GRANT M. ELLIOTT, JR., and DOTTIE r0 ELLIOTT, his wife,
GARY L. ELLIOT and DEBBIE L. ELLIOTT, his wife to ROBERT'W. SCHULZ, a single man
recorded May 31st, 1974 in Book 2405 of Offr.cial Records at Page 361 in the Office of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way map labeled OPHIIt ROAD AND LINCOLN BLVD., on file in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows;
CONIlI7ENCING at a point being the North one quarter corner of said Section 32, being a found
2 YZ" Brass topper stamped RCE 13062 as shown on said Record of Survey for EDVitARD
LAZZARESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California April 25 , 1986 in Book 101 of maps at Page 40, and also being shown on
said Right of Way map on file under File No. E-2509 as Engineer's Centerline Station. `L'
403+60.80;
THENCE, South 00°01'58" East along said centerline of Lincoln Blvd., a distance of 494.42 feet
to a point in the centerline of said Lincoln Blvd. being Engineer's Centerline Station `L'
398+66.35, said point lying North 00°O1'S8" West, a distance of 170.00 feet from a found
railroad spike with punch mark being the centerline intersection point of Ophir Road and Lincoln
Blvd., as shown on said Right of VJay map on file under File No. E~2509, as Engineer's
Centerline Station. `L' 396+96.38;
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd, North 89°58'02" East, to the
point of intersection of the East right of way Iine of said Lincoln Blvd. with the South line of said
parcel 2, said point being 30.00 feet Right of Engineer's Centerline Station `L' 398+65.38 and
the TRUE POINT OF BEGINNING;
Thence, North 00°01'58" Vi~est along the said East right of way line of Lincoln Blvd., a distance
of 165.03 feet to a point on the North line of said Parcel 2, said point being 30.00 feet Right of
Engineer's Centerline Station `L' 400+31.41;
THENCE, leaving said East right of way line of Lincoln Blvd., North 88°54' S7" East, a distance
of 10.00 feet along the most Northerly property line of said Parcel 2 to a point being 40.00 feet
Right of Engineer's Centerline Station `L' 400+31.59;
THENCE, parallel with said centerline of Lincoln Blvd., South 00°01'58" East, a distance of
165.03 feet to a point lying on the rn.ost Southerly property line of said Parcel 2;
EXHIBIT "A"
Pagelofl0
THENCE, South 8$°54'57" West along said property line a distance of 10.00 feet to the TRUE
pOTNT OF gEGZNNfNG containing 0.04 Acres X1,650 squaw feet), more or Iess_
Together with underlying fee interest, if any, contiguous to the above described property in and
to said Lincoln Blvd.
The bearing of South 00°01'58" West taken along the centerline of L' incoln Blvd., as shown on
the OPHIR ROAD AND LINCOLN BLVD. Right of Way Map on file with the County of Butte
Departrnent of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DE~CR~PTZON.
Approved:
Michael Mays
Deputy County Surveyor
County of Butte, California
/Q ~.AIVD ~,G~
~ ~~U ~~ p
No. 6967
~9rF pF CAS-~F~~~
Date: 2 ~ z UG
EXHIBIT "A"
Page 2 of 10
EXHIBIT "A"
Robert W. Schulz
APN 036-270-082
Parcel B
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of that certain parcel of land as described in That Individual
Grant Deed as Parcel I from GRANT M. ELLIOTT, JR., and DOTTIE 30 ELLIOTT, his wife,
GARY L. ELLIOT and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHULZ, a single m.an
recorded May 31st, 1979 in Book 2405 of Official Records at Page 361 in the OfFice~of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way map labeled OPHIR ROAD AND LINCOLN BLVD., on file in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows:
CONIll~NCJENG at a point being the North one-quarter coraser of said Section 32, being a found
2 '/z" Brass topper stamped RCE 13062 as shown on said Record of Survey for EDWARD
LAZZARESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California Apri125 , 1986 in Book 101 of maps at Page 40, and also being shown on
said Right of Way map on f le under File No. E-2504 as Engineers Centerline Station `L'
403+60.80;
THENCE South 00°O1' S$" East along said centerline of Lincoln Blvd., a distance of 494.42 feet
to a point in the centerline of said Lincoln Blvd. being Engineer's Centerline Station `L'
398+66.38, said point lying North 00°01'58" West, a distance of 170.00 feet from. a found
railroad spike with punch mark being the centerline intersection point of Ophir Road and Lincoln
Blvd. as shown on said Right .of Way map on file under File No. E-2509, as Engineer's
Centerline Station `L' 396+96.38;
THENCE leaving said Engineer's centerline of Lincoln Blvd., North 89°58'02" East, to the point
of intersection of the East right of way Iine of said Lincoln Blvd. with the North Iine of said
Parcel 1, said point being the northeast comer of that parcel described in that Grant Deed to the
County of Butte xecorded September 7, 1988, as instrument number 88-030309, Official Records
of Butte County, said point also being 30.00 feet Right of Engineer's Centerline Station `L'
398+66.38 and the TRUE POICNT OF BEGXNNiNG;
THENCE along said East right of way line of Lincoln Blvd. as described in said Crrant Deed to
the County of Butte, South 06°08' 11" East, a distance of 94.05 feet to the point of beginning of a
non-tangent curve to the Left, having a radius of 40.04 feet, the radius point of which bears North
89°58'02" East;
THENCE southeasterly along the arc of said curve through a central angle of 91 °03'05", a
distance of 63.57 feet to a point of tangency on the most northerly right of way line of said Ophir
EXHIBIT "A"
Page3of10
E~HIBiT "A"
Robert W. Schulz
APN 03b-270-028
STORM DRAIN EASEMENT DE-X
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., anal also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Parcel 2 from GRANT M. ELLIOTT, 3R., and DOTTLE IO ELLIOTT, his wife,
GARY L. ELLiOT and DEBBIE L. ELLIOTT, his wife to ROBERT W. SCHULZ, a single man
recorded May 31st, 1979 in Book 2405 of Official Records at Page 361 in the Office of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way map labeled DPH1R ROAD AND LINCOLN BLVD., on file in the Dice
of the Butte County, Department of Public Works under File No_ E-2509 and also being more
particularly described as follows; .... . . .... . . ...
COMMENCING at a point being the North one-quarter corner of said Section 32, being a found
2 '/2" Brass topper stamped RCE 13062 as shown on sand Record of Survey for EDWARD
LAZZARESCHI, which ma~ was filed in the Office of the Recorder of the County' of Butte,
State of California April 25 , 1986 in Book 101 of maps at Fage 40, and also being shown on.
'-`~" "`'s'aid Righf of Way map on file udder File No. -E-254g~~as ~Engineerzs Centerline ~Stati:on~-~L'~~-~~- •~-
403+60.80; .
THENCE, South 00°01'58." East along said centerline of Lincoln Blvd., a distance of 494.24 feet
to a point in the centerline of said LincohY Blvd. being Engineer's Centerline Station `L'
39$+66.56, said point lying North 00°0].'58" West, a distance of 170.18 feet from a found
railroad spike with pinch mark being the centerline intersection point of Ophir Road and Lincoln
Blvd:, -as shown "o~ ~ said-'Ri~ght of -Way 'map 'on file under File 1No.- E-2509 as Engineer's
Centerline Station `L' 396+96.38;
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd., North 89°58'02" East, to a
point being on the most Southerly property line of Parcel 2, said point being 40.00 feet Right of
- Engineer's Centerline Station `L' 398+66.56 and the TRUE POINT OF BEGINNING;
Thence, parallel with said centerline, North 00°01'58" West, a distance of 49.44 feet to a point
being 40.00 feet Right of Engineer's Centerline Station `L' 399+16.00 as shown on said Right of
Way map on f~le'under File No. E-2509;
THENCE, South 09°39'09" East, a distance of 49.99 feet to a point on the most Southerly
property Iine of said Parcel 2 being 48.35 feet Right of Engineer's Centerline Station `L'
398+66.72, as shown on said Right of Way reap;
EXHIBIT "A"
Page 5 of 10
THENCE, along said southerly property line of said Parcel 2, South 88°54'57" West, a distance
of 8..35 feet to the TRUE POINT OT BEGINNING.
Containing 0.005 Acres (207 square feetj, more or less.
The bearing of South 00°01'58" West taken along the centerline of Lincoln. $lvd., as shown on
the OPHIR ROAD AND LINCOLN BLVD. Right of Way Map on file with the County of Butte
Department of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCR~PTI[ON.
Approved:
Michael ays
Deputy County Surveyor
County of Butte, California
~0 SAND SCE
~~$`~`G~~,~CL C. ~~G~O Date: 2.~2Z/f6
~ ~' ~P
No. 6967
~ F~CP.49l34I07 `*
~q~~ ~F CAS-~~~~~
EXHIBIT "A"
Page6of10
EXHIBIT "A"
Robert W. Schulz
APN 036-270-082
STORM DRAIN EASEMENT DE--2
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., ar~d also being a portion of that certain parcel of land as described in that Individual
Grant Deed as Parcel 1 from GRANT M. ELLIOTT, JR., and DOTTIE JO ELLIOTT, his wife,
GARY L. ELLZOT and DEBBIE L. ELLIOTT, leis wife to ROBERT W. SCHULZ, a single man
recorded May 31st, 1979 in Boak 2405 of Official Records at Page 361 in the Office of the
Recorder, County of Butte, State of California, and also being shown on that certain County of
Butte Right of Way map labeled OPH1R ROAD AND LINCOLN BLVD., an fle in the Office
of the Butte County, Department of Public Works under File No. E-2509 and also being more
particularly described as follows;
COMMENCI:N'G at a point being the North one-quarter corner of said Section 32, being a found
2 '1z" Brass topper stamped RCE 13062 as shown on said Record of Survey for EDWARD
L.AZZ.A_RESCHI, which ma~ was filed in the Office of the Recorder of the County of Butte,
State of California April 25 , 1986 in Boak I01 of maps at Page 40, and also being shown on
' ~ ` said RIW map on file under File Na: E-2509 as Engineer's Centerline Stationr`L''403-+60:80; ~-~-`~-~ - °~
THENCE, South 00°OI'S8" East along said centerline of Lincoln Blvd., a distance of 494.24 feet
to a point in the centerline of sand Lincalza~ Blvd. being Engineer's Centerline Station `L'
398+66.56, said point Iying North 00°01'58" West, a distance of 17Q18 feet from a found
railroad spike with punch mark being the centerline intersection paint of Ophir Road and Lincoln
Blvd., as shown on said Right of Way map on file under File No. E-2509 and also being shown
as Engineer's Centerline Station `L' 396+96.3 8; . • •• ~ • ~ - •
THENCE, leaving said Engineer's Centerline of said Lincoln Blvd., North 89°58'02" East, to a
point being on the most Northerly property line of Parcel 1 as shown on said individual grant
deed,, said point being 40.00 feet Right of Engineer's Centerline Station `L' 398+66.56 and the
TRUE POINT OF SEGIl~TNTNG;
'Thence, along said Northerly property line of said Parcel 1, North 88°54'57" East, a distance of
8.35 feet to a point being 4$.35 feet Right of Engineer's Centerline Station `L' 398+56.72;
THENCE, leaving said Northerly property line of said Parcel i, South 09°39'09" East, a distance
of 69.70 feet to a point being 60.00 feet Right of Engineer's Centerline Station `L' 397+98.00;
THENCE, South 49°23'02" East, a distance of 30.$2 feet to a point being 50.00 feet Left of
Engineer's Centerline Station `L' 91+42.76, as shown on said Right of Way map an file under
File No. E-2509;
EXHIBIT "A"
Page 7 of i 0
THENCE, North S8°54'S7" East, a distance of 188.24 feet to a point being 80.00 feet Left of
Engineer's Centerline Station `L' 93+31.00;
THENCE, South 78°1$'09" East, a distance of 122.02 feet to a point being 53.00 feet Left of
Engineer's Centerline Station `L' 94+50.00;
THENCE, South 88°S4'S7" West, a distance of 140.00 feet to an angle point being 53.00 feet
Left of Engineer's Centerline Station `L' 93+10.00;
THENCE, North 01°OS'03" West, a distance of 11.00 feet to an angle paint being 64.00 feet Left
of Engineer's Centerline Station `L' 93+10.00;
THENCE, South 88°54'57'" West, a distance of 180.00 feet to an angle point being 64.00 feet
Left of Engineer's Centerline Station `L' 91+29.90;
THENCE, North 45°36'33" West, a distance of 43.30 feet to~ an angle point being 40.00 feet
Right of Engineer's Centerline Station `L' 397+92.00;
THENCE, North 00°01'58" West, a distance of 74.56 feet to the TRUE POINT OF
BEGINNING.
Containing 0.15 Acres (6,b95 square feet}, more or iess.
END OF DESCRIPTION.
Approved: =5~ ~P~L ~ ~~`'~~~,
~~ ~ ~~ °~
Michael Mays
Deputy County Surveyor
County of Butte, California
No. 6967 Date:_Z _zz~°~
* ~XP.0913DIa7
s~9r~ ofi cA~-~F~~~\~-
EXHIBIT "A"
Page 8 of 10
Exx~~zT "A"
Robert W. Schuh
APN 036-270082
TElY1PORARY CONSTRUCTION EASEMENT-TCE-~.
Being a portion of the Northeast one-quarter of Section 32, Township 19 North, Range 4 East,
M.D.M., and also being a portion of the County of Butte Assessor's parcel number 036-270-082,
and also being a portion of that certain parcel of land as shown in that Individual Grant Deed as
Parcel I from GRANT M. ELLIOTT, JR., and DOTTIE JO ELLIOTT, his wife, GARY L.
ELLIOT and DEBBiE L. ELLIOTT, his ~vi.fe to ROBERT W. SCHULZ, a single man recorded
May 3 I st, 1979 in Book 2405 of Offzcial Records at Page 361 in the Office of the Recorder,
County of Butte, Sta#e of California, and also being shown on that certain County of Butte Right
.of- Way rzkap labeled OPHIR ROAD AND .LINCOLN BLVD., .dated .12-07-OS on_file_.in the
Office of the Butte County, Department of Public Works under Fiie No. E-2509 and also being
more particularly described as follows;
COMMENCING at a found railroad spike with punch marls being the centerline intersection
point of Ophir Road and Lincoln Blvd., as shown on said Right of Way map on file under File
No'. E-2509 ,and also` being shown as Engineer's Centerline Station `L' 396+96.38' (Li~.calki-' - '
- Blvd.) and Engineer's Centerline Stations `L' 9D+57.89 Ahead and `L' 9D+57.79 Back (Ophir . ~. - ... -
Road};
THENCE, North 88°54'57" East, along said centerline of Ophir Road, a clistance of 145.6 feet
to a point in the centerline of said Ophir Road being Engineer's Centerline Station `L' 92+03.51;
THENCE, leaving said centerline of Ophir Road, North OI°05'03" West, to a point being 80.OQ ~- ~ -
feet Left of Engineer's Centerline Statiori `L' 92+03.52 and the TRUE POINT OF
BEGINNIIV'G;
THENCE, North D 1°04'48" West, a distance of 19.45 feet to a paint being 99.45 feet Left of
Engineer's Centerline Station `L' 92+03.52 as shown on said Right of Way on file under File
No, E-2509;
THENCE, North 8 8 °5.5' 12" East, a distance of 40.00 feet to a paint being 99.45 feet Left of
Engineer's Centerline Station `L' 92+43.52; - - ~ -
THENCE, South O I°04'48" East, a distance of I9.45 feet to a point being 80.00 feet Left of
Engineer's Centerline Station `L' 92+43.SI;
THENCE, South 88°54'57" West, a distance of 40.00 feet to the TRUE POINT OF
BEGINNING.
EXHIBIT `A'
Page9ofl0
Containing 0.02 Acres (778 square feet), more or Tess
The bearing of South 00°01'58" West taken along the centerline of Lincoln Blvd., as shown on
the OPHIR ROAD AND LI-NCOLN BLVD. Right of Way Map on file with the County of Butte
Department of Public Works, file no. E-2509 was taken as the basis of bearings for this
description.
END OF DESCRYPTION.
Approved:
Michael Mays
Deputy County Surveyor
County of Butte, Califon~ia
~Q 1~1#ND SCi
~Ci=~ `~`P'E~ [' ~GCn
~~ ~~~
No. 8967
* EXP. D913D107
`~'
q,E ~fi CAS-~~~~~
Date: z ~z ~~
EXHIBIT `A'
PagelOoflO
ATTACHMENT ]. EXHIBIT B