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HomeMy WebLinkAbout09-026Resolution 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 PROTECT, PROJECT NO. CA PFH 171-1(1), PARCEL N0.060-100-041, (Jaunarena Family Trust} 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 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 far a public use which is a function of the County of Butte. 2. County of Butte is authoz~ed 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 an the last equalized County Assessment Roil 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. 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 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: t 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 acquiured 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 statementlsummary were in a form and contained alI 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 FIl~TDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Bruce Alpert, 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 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 24~` day of February, 209, by the following vote: AYES; Supervisors Connelly, Dolan, Kirk, Yamaguchi NOES: ~°ne ABSENT: None NOT VOTING: done Bill Connelly, Chair, Boar f Supervisors County of Butte, State of California ATTEST: G)? Into anc By EXHIBIT A "EXHIBIT A" ~FVners: Douglas B. Juanarena and Susan A. Marshall, Trustees a# the l..ucille Juanarena Revocable Living Trust acid Bernece Joan Juanarena, Trustee of the Dan and Ben~ece Juanarena Fancily Trust Survivor's Trust Tax Parcel: 050-100-041 Px-aject Name: Forest Highway 171 In: BUTTE COUNTY, CA. A portion of that pr~operry described in Quitclaim Deed recorded as Document 2004- 0050545 Official Records County of Butte being a portion of the South half a# the Northwest quarter of Section 29, Township 2G North, Range 41~•ast, M.D.M., County of Butte, State of Califomia, described as follows: Beginning at a Point an the westerly line of that strip of land described in Baok 217 of Deeds, at Page 158, Butte County Records, and the Southeast comer of that property described in said Quitclaim Deed; Thence along the southerly line of said property and the northerly line of that property described in Book 527 at page 165, Official Records of Butte County, South 81°27'50" West, 6,04 feet; Thence North 09°08' 10" West, 171.56 feet; Thence North 65°27'42" West, 80.38 feet; Thence South 56°58'35" West 78..36 feet; Thence North 23°01'24" West 30.00 feet to the centerline of Humboldt Road; Thence along said centerline North 6b°58'36" East, 172.49 feet to the northerly prolongation of said westerly line of that strip of land described in Baok 217 of Deeds, at Page 158, Butte County Records; Thence clang said westerly line South 06°44'00" East ?68.25 feet to the Paint of Beginning. Containing: A gross area of 9,662 sq. ft. (0.222 acres) more or Iess, of which 8,013 sq. fl. (0.184 ac€~es) mare or less, lies within tl}e existing prescriptive highway right-of=way, leaving a net area of 1,649 sq. ft_ (0.037 cores} mare ar less. The basis of bearings for this description is the California State Plane Coordinate System of 1983 (CCS83)~, Zone 2. All distances herein are grid distances in U.S. Survey Feet. Ta compute ground distance, divide grid distances by 0.99983595. We fake yarn position precisely. I1663 Stocker Drive, Suite Z00, Auburn, CA 955{}3 • 530.885.7072 • 800 400.7072 • 530 885.5798 Fax Auburn. CA • Truckee. CA • Vaca~iile, CA • Reno NV Attached hereto is a plat labeled "Exhibit B" and by this reference made a part hereof: This real property description has been prepared by me, ar under my direction, in conformance with the Professior-al Land Surveyors Act. END OF DESCRIPTION ~`~Ll~idD S~'1' 1 a~' i - Q~L2o_Za~~ ~ w Thomas P. Holmberg, LS No. 7363 Date ~. ExP. ~z/sr;or S rlo 73G3 \z' For and a~i bel~aEfofANDRLGG Geanaties. ~ql ~- ~` ~ OF GNP-~~~ EXHIBIT B r ~ `~ ~ ~p0 1,- ~ ~' '~J6 _~__°_ 136~~ g~ 80 566 r ©~ ©~~ Q~[L ~ o . ~ ~ ~- Q / 1 ~ ~ ~ %' Q Cl, ~ ~~ ~ - l -- _ . f ~7 , 4 ~ i uf I ~ ~ y 4 - ~ F ~ ~ =i ~_ o (p s X _ ~ ~~ t ~ ~ °cn a rr+ -I ~- 1 y 2 [ ~, ,,! ~ l ~ t~ o ~ /. 40 4 u, ~ r cp f D 4 rn I ~~ / / p r,' N 4 /. ~ t . ~ i.. cA i S ~ t l ,• ~ 1 :~ l ~` ~ i~ 6 4 ~ rn is ~ ~ S~q -27 5D 6~Q~' LEGEND (R) ~~~ PROPOSEG RIGHT OF WAY LINE PROPOSED GENTERLINI: OF ROW SECTION LINE RADIAL NET RIGHT OF WAY AREA PRESCRIPTIVE RIGHT OF WAY AREA NET RIGH7 OF WAY AREA t,64H SQ. PT: (0.037 ACRES) PRESCRIPTIVE RIGHT OF WAY AREA 8,013 SR- FT. (0.184 ACRE5)~ M ll v , 5D D 25 LAND .~' F P.~ f ~1 /07 NO. '7363 ~Q'I C AN DREGC~ GEUMATiCS www.endre~gg.aom aoo-aoo-~o~z ~~37 e~ DRAW>~E 6Y: AIVDREGG 12/13/06 FQREST HIGHWAY 17~! EXHIBIT a CHECKED BY: SCALE: 1" _ ~~~ AGG~UiS1T#aN PARCEL ~ ~ 0 0 ~Q /J~ SEC 29 T. 26 N., R. 4 E. ° UNi~ 4 APPROVED: ~'`~ "~trc DEPUTY DIRECTaR DF PUBLIC WDRKS p1PN~ 460-'~00--041 sHeET 1 OF 1 ~4 4 t ~ ~t ~ ~4 i ~PO~ t Attachment 1 ~Q AFtTMfiJ1f T ~ ~V T TF j o b - 1 0 -•--~ 1 \~~ X011 N "~~ o~ 0 0 0 0 DEPARTMENT OF PUB~~C WORKS COUNTY O F BUTT E J. Michael Crump, Director A ~r ~ ~~rc woF`~` CERTIFIED MAIL January 9, 2009 Dan and Bernece Jaunarena Family Trust 11154 Lone Pine Ave Chico, CA 95928 APN: 060-100-041 7 County Center Drive Oroville, CA 95965-3397" {S30}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), Skyway Road FH-171 Reconstruction Project, Project No. CA PFH 171-1(1), Parcel No 060-100-041 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 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 pioceed 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 Domaiin. 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 Resalution 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 for 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 Se Heard. Please take notice that the Butte County Board of Supervisors, at a regular meeting to be held on 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, 2S 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 Propetty 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 §72b7.2(a), a copy of which is attached hereto; e. Whether the County of Butte has complied with ail 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 far adoption and accompanies this Notice as Exhibit C. 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 Cade §25350.5, Streets and Highways Code §943 and California Code of Civil Procedure § 1240.410. 3. Failure to File a Written Request to Be Heard withi3n 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 ofthe Board, 25 County Center Drive, Oroville, California; 9S9b5. 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. Califomna Code of Civil Procedure § 1245.235(b)(3) provides that "failure tQ file a written request to appear and be heazd 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 Gourt will determine the amount of compensation to which you are entitled. If you would like to discuss fiirther 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 doctuments before February 24, 2009, the Resolution of Necessity will be pulled from the Board 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 Cntmp, Director Butte County DepartE~nent of Public Works ~ ~~ Stuart Edell, Manager -Development Division Original Notice dated and mailed on January 9, 2009. 3 ATTACHMENT 3 EXHIBIT A "EXHIBIT A" Owners: Douglas B. Juanarena and Susan A_ Marshall, Trustees of the Lucille Juanarena Revocable Living Trust and Bernece Jaan Juanarena, Trustee of the Dan and Bernece .fuanarena Fancily Trust Survivor's Trust Tax Parcel: 060-100-041 Project Name: barest Highway 171 In: BUTTE COUNTY, CA. A portion of that property described in Quitclaim Deed recorded as Document 2004- 0060645 Official Records County of Butte being a portion of the South half of the Northwest quarter of Section 29, Township 26 North, Range 4 East, M.D.M_, County of Butte, State of California, described as follows: Beginning at a 3?©int an tl~e westerly line ofthat strip ofland described in Book 217 of Deeds, at Page 158, Butte County Records, and the Southeast carver of that property described in said Quitclairr- Deed; Thence along the southerly Iine of said property and the northerly line of that property described in Book 527 at page 365, Official Records of Butte County, South 81°27'50" West, 6.04 feet; Thence North 09°08' 10"West, 171.66 feet; Thence North 65°27'42" West, $0.38 feet; Thence South 66°58'36" West 78,36 feet; Thence North 23°03'24" West 30.00 feet to the centerline of I~umbvldt Road; Thence along said centerline North 66°55'36" East, 372.49 feet to the northerly prolongation of said westerly line ofthat strip of land described in Book 217 of Deeds, at Page 358, Butte County Records; Thence along said westerly line South 06°44'00" East 268.25 feet to the Point of Beginning. Containing: A gross area of 9,662 sq. ft. (0.222 acres} snore or Iess, of which 8,013 sq. ft_ (0.384 acres} rnore or less, lies within the existing prescriptive highway right-of--way, Ieaving a net area of I,649 sq, ft. (0.037 acres} snore or less. The basis of bearings for this description is the Califarrria State Plane Coordinate System of 1983 (CCS83}~, Zone 2. All distances herein are grid distances in U.S. Survey Feet. To compute ground distance, divide grid distances by 0.99983695. We take your position precisely. ii661 Blocker drive, Suite 200, Auburn, CA 95603 • 530.885.7072 • 80D.400.7072 • 530 885.5798 Fax Auburn. CA • '~ruckee, CA • Vacaville, CA Rena iVV Attached hereto is a plat labeled "Exhibit B" and by this reference made a part hereof. This real property description has been prepared by me, or under niy direction, in conformance with the 1'rnfessional Land Surveyors Act.. END OF DESCRIPTXON L• ~ P Ho, L, ~ . g~LZa-?.nab- ~ ~ ~ -emu Thomas P. Holmberg, LS Na. 7363 Date * EXP. 12/si/o7 s, iio 73G3 ~T por and on behalf of ANDRL~GG Geomatics. qT~' nr ,, ,,, ~C~~ ATTACHMENT 3 EXHIBIT B ~' 1 ~ "~ ;1 ' ~ : ~~'R~~p 0 1 .- 0 r~ ~6~~ 8p 8 56~' ~ ~ 1 ~''} f ~..+! ~ ~] ~ ~ ~ ~ ~ ~ ~ r p I . ~ ~ ~~ 0 o `~ ~~ 'i ~ ~~ I ~ I _-_ ~ - - cn l ~ 4 - --~ ~ ~ m -~ '~ ~ } o ~ ~~~~~ ~~ 1 ~ I - .~ 4 ~ ~ -~' q _, -_ ~ 1Z.~o I~ y ~~ } r ~: ~ I ~~ + = l ' ~ .~ i ~ ~ - %~~ 4 ~ ; ~ f ~ l~ f I ~ ; ~ ,~ - t I ~ i. I /, ~ ~ ,. ~ ~.. ~ , ~ ~ I N I ~ ~' ~ I ] I ~ i~ ~I I ~ ~ ~ ~ I rn ~; ~ , f i l ~ i I ` f ~ ;. I I ti4 I ~~* u 58'["27 50 I_~GEND (R) /` PROP05ED RIGHT OF WAY LINE PROP05ED CENTERLINE OF ROW SECTlbN LINE RADEAL NET RIGHT OF WAY AREA 1 a "~ II ~ _ 5Q o z~ SAND P.,/D7 - NA_ 7353 C'~ c .~,~ PRESCRIPTIVE RIGHT bF WAY AREA NET RIGHT OF WAY AREA 1,649 5Q. FT. (6.037 ACRES) ~~ ®~ ~~~ PRESCRIPTIVE RIGHT DF WAY AREA 8,013 SR~. FT. (b.i84 ACRES) GEOMATICS www.anclragg.com 800-400.7072 d~~ ~~~ DRAWN BY: ANDREGG ,zi~iiDS _ FOREST HlGHVIIAY ~~ EXHIBIT o ~° CHECKED BY: SCAtE: i" = 50~ ACCUISITION PARCEL ~ ~n SEC 29 T. 26 N. R. 4 E. UNZ-l c APPROVED: ~"''-~~ ;L _ . ~ °~r.1C wow" DEPUTY DIRECTOR OF PUBLIC WORKS APN~ ~fi0-~1~t}--(}41 S~IE~T i OF i ATTACHMENT 3 EXHIBIT C COPY OF PROPOSED ~tESOLUTxON 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 FP1-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1(1}, PARCEL NO.ObO-100-041 The Butte County Board of Supervisors, byvote oftwo-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 for a public use which is a function of the County of Butte. 2. County of Butte is authorized to acquire the property shown in Exhibit A and described in Exhibit B herein and exercise the power of emuaent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure § 1230A10 et seq. and pursuant to Government Code §25350.5; Stxeets and Highways Code §943 and Code of Civil Procedure § 1240.410 {uneconomic remnant). 3. The property to be acquired is more particularly shown in Exhibit A and described in Exhibit B, attached hereto and incorporated herein by reference together thereof 4. On January 9, 2009, there was mailed a Notice of Hearing on the Intent of the Butte County Board of Supervisors to Adapt a Resolution of Necessity far acquisition by eminent domain of the real property shown in Exhibit A and described in Exhibit B herein, which Notice of Hearing is accompanies the Resolution of Necessity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit B, and to the address appearing an said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. 5. The hearing referenced in said Notice of Hearing was held on 24 February_ 2409 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. Jaunarena Family Trust AP Ob0-100-041 exhibit C Page 1 of 3 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 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 staterrtentlsummary were in a form 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 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 Jaunarena Family Trust AP 060-100-041 Exhibit C Page 2 of 3 and purposes. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of Califorxvia, this 24`~ day of Februai 2009, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Bill Connelly, Chair, Board of Supervisors County of Butte, State of California ATTEST: BRIAN C. HADDI~K Chief Administrative Officer and Clerk of the Board of Supervisors By Clerk/Deputy Iaunarena Family Trust AP Ob0-100-041 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, County Project No. CA PFH 171-1(1}, Parcel No.060-100-041 Honorable Board of Supervisors: The County of Butte has notif ed me and presented an offer to purchase a pardon 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 funding. I respectively request to appear at the public hearing set fourth on February 24,,,2409, 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 far 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, Dan and Bernece Jaunarena Family Trust 11154 Lane Pine Ave Chico, CA 95928 Jaunarena Family Trust AP 060-100-04lAttachment 2