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HomeMy WebLinkAbout09-025Resolution 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)), SKYWAY ROAD FH-171 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1{1), PARCEL N0.059-180-031, (Jewett) The Butte County Board of Supervisors, by vote of two-thuds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: 1. County of Butte and the Federal Highway Administration, intends to reconstruct the Skyway Road FH-171. 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 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 and Code of Civil Procedure § 1240.410 {uneconomic remnant). 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 January 9, 2009, 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 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 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 24 February, 2009 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. 6. Based upon the evidence presented, the Butte County Board of Supervisors vote of two- thirds or more of its members, further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following: a. The public interest and necessity require the proposed project. b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The property described in Exhibit A and shown 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 farm and contained all the factual disclosures provided by Government Cade §7267.2(a). f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Alpert, aze 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. Ta 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. z PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 24~' day of February, 2049, by the following vote: AYES: Supervisors Connelly, Dolan, Kirk, Yamaguchi NOES• Supervisor Lambert ABSENT: Done NOT VOTING: None Bill Connelly, Chair, Board a upervisors County of Butte, State of California ATTEST: GREGORY G. ITU A Interim Chic str ve Officer and Cler f S~abervisoi By 3 EXH~BTT A iiL'A.Lril~iT A1" pr~vners: Bevezly Jewett and Marten Jewett From: Sta. 100+00.00 To: Sta 109+95.81 Tax Parcel: 059-180--031 Project Name: Forest Highway 171 In: BUTTE COUNTY, CA. That portion of the Northeast quarter of the Southeast quarter of Section 29, Township 25 North, Range 4 East, M.D.M., County of Butte, State of California, described as follows: A strip of land 40.00 feet wide, lying 20.00 feet on each side following described centerline: Commencing at the Southeast corner of said Section 29, monurnented with a 3" aluminum cap stamped T25N R4E, S29~S28/S32~S33, LS 4753, 1988, US Dept. of Agriculture, Cadastral Survey Forest Service; thence coincident with the East line of said Section 29, North 00°07'32" West, 1,341.41 feet; thence South 89°52'25" West 126.96 feet to said centerline and to the PINT 4F BEGINTT.[NG; 1. Thence North 17°10'08" East, 134.22 feet to the beginning of a curve to the left, having a radius of 2000.00 feet and a point hereafter referred to as Point A; And a strip of land 80.00 feet wide, 60.00 feet on the right side and 20.00 feet of the left side of the described line: Beginning at said Point A: 1. Thence, along the arc of said curve, through a central angle of O1°53'04", 65.78 feet and a point hereafter referred to as Point l3; Together with a strip of land 120 feet wide, lying 60.00 feet on each side of the following described centerline: Beginnung at said Point B 1. Thence continuing along the arc of said curve, through a central angle of ~°4'34", 24.18 feet. 2. Thence North 14°35'3D" East,139.4D feet to the beginning of a curve to the left, having a radius of 1000.00 feet; 3. Thence, along the arc of said curve, through a central angle of 17°57'40", 313.48 feet; 4. Thence North 03°22'10" West, 32.08 feet to the beginning of a curve to the right, having a radius of 1000.OD feet; S. Thence, along the arc of said curve, tt:rough a central angle of 04°D8`36", 72.31 feet; 6. Thence North 00°46'26" East, 81.87 feet to the beginning of a curve to the left, having a radius of 1500.00 feet; 7. Thence, along the arc of said curve, through a central angle o£ 04°57'51 ", 129.96 feet; $. Thence North 04°1 I'25" West, 2.53 feet to the South line of the North IO acres of the Northeast quartet of the Southeast quarter of said Section 29, as described in deed from Robert F. Duffey, Trustee of the Robert P. Duffey Revocable Trust, to Beverly Jewett and Marten Jewett, recorded as document number 2003-0005740, Official Records County of Butte, and the terminus of this strip from which the center quarter corner of Section 28, Township 25 North, Range 4 East, M.D:M., rnonumented by a 1 112" iron pipe plugged LS 2780, bears North 82°57'47" East 2,587.77 feet. The sidelines of the hereinabove described strip tv be lengthened ar shortened to terminate at said south line of the north I0 acres of the northeast quarter of the southeast quarter and East line of said Section 29. Containing: A gross area of 66,470 sq. ft. (1.526 acres}, more or less, of which 28,789 sq. f#. (0.661 acres}, more or less, lies within existing prescriptive highway right of way, and 26,617 sq. fl. (0.621 acres), more or less lies within encumbered highway right-of--way, leaving a net area of 11,064 sq. ft. (0.245 acres}, more or less. The basis of bearing for this description is the California State Plane Coordinate System of 1983 (CCSS3}, Zone 2. All distances herein are grid distances in U.S. Survey Peet. Tv compute ground distance, divide grid distances by 0.999$3695. Attached hereto are plats labeled "Exhibit B1" and by this reference made a part hereof This real property description has been prepared by me, or under my direction, in. conformance with the Professional Land Surveyors Ac#. END OF DESCRIPTION C J~ ~~ 6[.~ ~ ~ 2 1 J ~ OL'/ * E3~. 12/3t /.09 *: Thomas P. Holmberg, LS No. 6 ats ~~, rev. 7353 ~~ For and on behalf of ANDI2EC'G Geomatics. 9~ ~~ cA~-~F~~ EXHIBIT B tv82'S7'A~7"E 2587.77' STA: io9+95.81 ~ NO 21532'Sr,W EC 28 R=i 50b.Q0' 0 J N v H y a 6=4'57'51 " L=129,96' fiE 5©' EASEMTENT PER BOOK 195 PAGE 374 ~f~N ~~9--~ ~ ~~JD3 ~ B~IIERLY ~c MAR7~N J~WE77 R=1000.00' 1s.=17'S7'4D" L=3i 3.48' 5Q 2pp 0 iao ANDRE~~- GEDMATICS wwwsnclrrr~p_com aaa-goo-7orz N14'35'3Q"E 139.40 POINT B-~ R=200Q.00' ~=-1'53'04" ~ L-65.7&' , N17`t a`oar 134.22' POB LEGEND sTA: 1 ao+oa PROPOSED RIGHT OF WAY L1NE PROPO5E0 CENTERLINE OF ROW SECTION LINE (R) EXISTING EASEMENT RADIAL ENCUMBERED AREA ® NET RIGHT OF WAY AREA GROSS AREA 66,470 5Q. FT. (1.528 ACRES)# ENCUMBERED AREA 26,&17 SQ. FT. (0.611 ACRES)t NET RIGHT OF WAY AREA 11,064 SQ. FT. (0.254 ACRES}t )'46'26"E 8i .87' ~~=1 ooa.oo' 6=4'08'36" L=72.31' N03'22'10"W ` 32.x8' LIMITS OF PRESCRIPTIVE RIGHT OF WAY ~=0'41'34" L=24.7 8' POINT A 583'S2'2~"W 126.96 ~' o J 29 8 32 33 ,~ urrF~. -DRAWN BY: ANDREGG GATE: ~z13.o1a8 FOREST H[Gf~WAY 17~ ~XHIBlT CHECKED BY: scAtE: i" = 20b' ACG?U[SiTION PARCEL pi e o ~pi~ APpROVI=o: SEC 29 T25N R4E C7 l '°~.« o>=PIaTY DIRECraR of ~uBUC waRKS APN~ 059 180-03f sHE~~ 1 aF 1 Attack~nen.t 1 . p~pP~~~+1T O,o °~uTT~° ~ a O G `1 O O `1 0 0 \~~ cDUN.~-l A~CIC W~~~S DEPAztTMENT OF PUB~~C WORKS COUNTY O F BUTT E J. Michael Crump, Director CERTIFIED MAIL January 9, 2009 Beverly and Marten Jewett 26 Anchor Drive Bay Point, CA 9.4565 APN: 059-180-031 7 County Center Drive Oroville, CA 95965-3397 (530)538-7681 (FAJC) 538-7171 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property by Enrinent Domain (California Code of Civil Procedure X1245.235}, Skyway Road FH-171 Reconstruction Project, Project No. CA PFH 171-1(1), Parcel No 059-180-031 Dear Gentlepersons: The County of Butte has notified you and presented an offer to purchase a portion of your property to complete the Skyway FH-171 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 far 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: i. 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 February 24, 2009 at 11:000_ a.m. which, if adopted, will authorize the County of Butte to acquire the property described herein by eminent domain for the Reconstruction of the Skyway FH-171 Highway. A map and description of the property being considered far acquisition, marked Exhibit A and Exhibit B, are provided with the proposed Resolution of Necessity marked Exhibit C 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. 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 an February 24, 2009 at 11:00 a.m., or as soon thereafter as the matter may be 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 Cade of Civil Procedure § 1245.220 far 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 §72b7.2(a), together with the accompanying statement and summary of the basis far the amount established as just compensation, was actually made to you and whether said offer and statement in sununary 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 £ Whether the Caunty of Butte has the statutory authority to actluire 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 C. Your name appears on the last equalized Butte Caunty 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 Cade §25350.5, Streets and Highways Code §943 and California Code of Civil Procedure § 1240.410. 3. Failure to Fife 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 Se 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 (l5} 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 2 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 § 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 appeaz and be heard" on the above matters and issues which are the subject of the hearing. The amount of the compensalion 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 corripensation, 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 would like to discuss further the right of way acquisition and/or sign the right of way agreement and grant deed, please contact either Shawn O'Brien or myself of this office as soon as possible. If we are able to execute the right of way documents before February 24, 2009, the Resolution of Necessity will be pulled from the Boazd of Supervisor's Agenda. 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 Stuart Edell, Manager -Development Division. Original Notice dated and mailed on January 9, 2009. 3 ATTACHMENT 2 EXHLSIT A "E~Ei[IS>CT Al" Owners: Beverly Jewett and Marten Jewett Frown: Sta. 100+00.00 Ta: Sta. 109+95.81 Tax Parcel: 059-180-031 Project Naive: Forest Highway 171 In: BUTTE COUNTY, CA. That portion of the Northeast quarter of the Southeast quarter of Section 29, Township 25 North, Range 4 East, M.D.M., County of Butte, State of California, described as follows: A strip of land 40.00 feet wide, lying 20.00 feet on each side following described centerline: Commencing at the Southeast corner of said Section 29, monumented with a 3" aluminum cap stamped T25N R4E, S29~S28/S32~S33, LS 4753, 1988, US Dept. of Agriculture, Cadastral Survey Forest Service; thence coincident with the East line of said Section 29, North 00°07'32" West, 1,341.41 feet; thence South 89°52'25" West 12b.96 feet to said centerline and to the POINT OF BEGINNING; 1. Thence North 17° 10'08" East, 134.22 feet to the beginning of a curve to the left, having a radius of 2400.00 feet and a point hereafter referred to as Point A; And a strip of land 80.00 feet wide, 50.00 feet on the right side and 20.00 feet of the left side of the described line: Bea nning at said Point A: 1. Thence, along the arc of said curve, through a central angle of 01°S3'04", 65.78 feet and a point hereafter referred to as Point B; Together with a strip of land 120 feet wide, lying 60.00 feet on each side of the following described centerline: Beginning at said Point B: 1. Thence confirming along the arc of said curve, through a central angle of D°41'34", 24.1.8 feet. 2. Thence North 14°35'30" East, 139.40 feet to the beginning of a curve to the left, having a radius of 1000.00 feet; 3. Thence, along the arc of said curve, through a central angle of 17°57'40", 313.48 feet; 4. Thence North 03°22'10" West, 32.48 feet to the beginning of a curve to the right, having a radius of 1000.00 feet; 5. Thence, along the arc of said curve, through a central angle of 04°08'36", 72.31 feet; 6. Thence North 00°46'2b" East, 81.87 feet to the beginning of a curve to the left, having a radius of 1500.x0 feet; 7. Thence, along the arc of said curve, through a central angle of 04°57`51 ", 129.96 feet, 8. Thence North 04°11'25" West, 2.53 feet to the South line of the North 10 acres of the Northeast quarter of the Southeast quarter of said Section 29, as described indeed from Robert F. Duffey, Trustee of the Robert 1~. Duffey Revocable Trust, to Beverly Jewett and Marten Jewett, recorded as document number 2003-0005740, Official Recoxds County of Butte, and the tezxninus of this strip from which the center quarter corner of Section 28, Township 25 North, Range 4 East, M.D:M., rnonurnented by a 1 I/2" iron pipe plugged LS 2780, bears North $2°57'47" East 2,587.77 feet. The sidelines of the hereinabove described strip to be lengthened or shortened to terminate at said south line of the north 10 acres of the northeast quarter of the southeast quarter and East line of said Section 29. Containing: A gross area of 66,470 sq, fl:. (1.526 acres), more or less, of which 28,789 sq. fi. (0.661 acres), more or less, lies within existing prescriptive highway right-of=way, and 26,6I7 sq. ft. (0.621 acres}, more or less lies within encumbered highway right-of-way, leaving a net area of I I,064 sq. ft. (0.24.5 acres}, more or less. The basis of hearing for this description is the California State Plane Coordinate System of I983 (CCS83), Zone 2. All distances herein are grid distances in U.S. Survey Peet. To compute ground distance, divide grid distances by 0.99983695. Attached hereto are plats labeled "Exhibit BI"and by this reference made a part hereof. This real property description has been prepared by me, or wader zny direction, in conformance with the Professional Land Surveyors Act. END OF DESCRIPTION Lr...v. J~ ~~~ ~ ~ ELF ~ ~~ ~~ ~~ ~~ 'Thomas P. Holmberg, LS No. 6 ~ ate ~ n~o. 7363 ~. Por and on behalf ofANDREGG Geomatics. 9~ of CAS-~F~~ ATTACYMENT 2 EXHYBYT B STA: 109+95.89 R=1500.{}0' 6=4'57'51" Lwi 29.96' ~ a J a v U ~ :- ~ 50' EASEMTENT PER BOQK 195 PAGE 374 - ly 82'57' 47"E 2587.77' ~~ C i )4`11 25 W 4 2.53 SEC 28 )0'46'26"E Si .87' R=1 aoo.ao' 6=4'08'36•' L=72.3i' ~,l~~ ~~J~~ ~ ~~-~~~ $~1/IrRLY & MAR71rN ~1~~1E77 50 200 a Sao AND~EGG G EQ M,AT>II CS www.wndr~pp.oorrl 800-400-7072 LEGEND N03'22'10"W 32.08' R=1 oao.oo' A=-17'57'40" L=313.48' Ni 435'34"E 139.40 LIMITS pF PRESCRIPTIVE RIGHT nE WAY POINT B R=2000.00' A=1'53'04" L-65.78' N17.10' PDB 134.E STA: 100+! PROPOSl=p RIGHT OF WAY -LINE PR4POSE0 CENTERLINE aF R(7W SEC710N LINE EXI57iNG EASEMENT (R) RAbIAL ENCEIMBEREO AREA ® NET RIGHT aF WAY AREA GRa55 AREA 66,470 SQ. FF. (i.526 ACRES)t ENCiJMBEREa AREA 26,617 SQ. FF (0.611 ACRES) NET RIGHT OF WAY AREA 11,C64 5i?. FT. (4.254 ACRES}~ R= 2o0a.oo' Q=0'41'34" L=24.18' POINT A -sa9•SZ'2~"w 126.96 ~ SAND V V ~ ~ ~~~ ~ ~ P. i 2/31 f 09 29 8 ~'~. NsJ. 73sa v 3233 C ~~` ~rrF~ aRAwnl BY: AN~RECC aATe: 12 as os FOREST HIGHWAY 171 EXHIBIT o a CHECKED BY: SCALE: 1° = 200' gCQU~SIT~~N PARGEL ~ ~, ° APPROVED: SEG 29 T25N R4E ~~ '~rc w~ DEPl1TY DIRECTOR OF PUBLIC WQRKS APN~ 054-180-O3f SHEET 1 aF 1 ATTACHMENT 2 EXH~B~T C COPY OF PROPOSED RESOLUT20N (~ ~] r E L`J~~4V~E~c~~~1~~da ~ ' L~ ` ~ 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)}, SKYWAY FH 119 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1(1), PARCEL N0.059-i80-03i The Butte County Board of Supervisors, byvote of iwo-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 Skyway FH-171 Highway. The "project", a public use, and, in connection therewith, acquire interests in certain real property. Said project is far 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 amd the California Eminent Domain Law, Code of Civil Procedure § 1230.010 et seq. and pursuant to Government Code §25350.5; Streets and Highways Code §9~3 and Code of Civil Procedure § 1240.E 10 (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 January 9,. 2009, there was mailed a Notice of Hearing on the latent 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 i.n 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. 5. The hearing referenced in said Notice of Hearing was held on 24 February 2009_ at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was dosed. Jewett AP 059-180-031 Exhibit C Page 1 of 3 6. Based upon the evidence presented, the Butte County Board of Supervisors vote of two-thirds or nnore 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 anal, 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 owzaers 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). All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Albert, are hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of Butte County, by condemnation, the property described in Exhibit B, attached hereto and incorporated herein by this reference in accordance with the provisions of the California Eminent Domain Lava 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 ar have prepared and to prosecute in the name of the County of Sutte 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 iauznediate possession and use of said property far said public uses Jewett AP 054-i 80-431 Exhibit C Page 2 of 3 and purposes. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 2~t'' day of Febru 2009 by the following vote: AYES: NOES: ASSENT: NOT VOTING: Bill Connelly, Chair, Board of Supervisors County of Butte, State of California By ATTEST: BRIAN C. HADDIX Chief Administrative Officer and Clerlc of the Board of Supervisors C1erk/Deputy Jewett AP 054-180-03I Exhibit C Page 3 of 3 ATTACHMENT 2 Date: (must be prior to February 23, 2009) Clerk of the Board Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Re: Notice to Appear and Be Heard, Co~xnty Project No. CA PFH 171-1(I), Parcel No. 059-18Q-031 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 Skyway FH-171 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 fiuiding. I respectively request to appear at the public hearing set fourth on February 24, 2009, at 11:00 a.m. in the Butte County Board of Supervisors Meeting Room located at 2S 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, Beverly and Marten Jewett 26 Anchor Drive Say Point, CA 94565 Jewett AP 459-180-031 Attachment 2