Loading...
HomeMy WebLinkAbout09-027RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY SY 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 N0.059-180-02$, (Knifong} 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 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 Cade §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 incorparated 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 Ro11. 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: 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 The offer required by §7267.2(x) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all the factual disclosures provided by Government Code §7267.2(x). f. AlI conditions and statutory requirements necessary to exercise the power of eminent domain ("the nght 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, Bntce 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 far 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 Califoznia, this 24~' day of February, 20x9, by the following vote: AYES' Supervisors Connelly, Dolan, Kirk, Yamaguchi NOES: Supervisor Lambert ABSENT: None NOT VOTING: None Bill Connelly, Chair, Boaz of Supervisors County of Butte, State of California ATTEST: GREGORY G. IT - A Interim. Chie 'stra~jve Officer and Clerlc f th B ,~ar~l~~ervisoz By 3 EXHYBYT A `4EXIcII$IT A" Owner: Matthew Gerspacher and Rosalind Gerspacher Larry Knifong and Laura Ann 1Caiifong Tax Parcet: 059-180-028 Project Name: Forest Highway 171 From: Sta. 120+80.79 Ta: Sta. 127+05.95 In: BUTTE COUNTY, CA. A portion of that tract of land described as Parcel I in Document Number 94-31777, County of Butte Records located within the Northwest quarter of Section 28, Township 2S North, Range 4 East, M_D.M., County of Butte, State of California, described as follows: A strip of land 60 feet wide, the right sideline of said strip being coincident with the following described centerline: Commencing at the center quarter corner of Section Z8, Township ZS North, Range 4 East, rr~onumented by a 1 %Z" iron pipe with tag LS 2780; thence coincident with the South line of the Northwest quarter of said Section 28 North 89°30'59" West 1,993.60 feet to the southerly prolongation of the West line of said Parcel I; thence along said southerly prolongation, North 0°07'38 "West, 15.57 to said centerline and the POINT OF SEGYNN)<NG; 1 _ Thence South 81°46'40" East, 25.06 feet to the beginning of a curve to the left having a radius of 900.00 feet; 2. Thence along the arc of said curve, through a central angle of 7°49'47", 122.99 feet; 3. Thence South 89°36'28" East, 56.07 feet to the beginning of a curve to the left having a radius of 240.00 feet; 4_ Thence along the ax•c of said curve, through a central angle of 35°42'37",149.58; 5. Thence N 54°40'55" E, 271.46 feet to the east line of said Parcel I described in Document Number 94-31777 and being the terfninus of this strip, from which said center quarter comer of said Section 28 bears South 81 ° 13' SS" East, 1445.15 feet. The sideline of the hereinabove described strip to be lengthened or shortened to terminate at said west line and east line afraid parcel I. Together with underlying fee interest, if any, contiguous to the above-described property in and to Skyway Road. We take your position precisEfy. 11661 Blocker Drive, Suite 200, Auburn, CA 95603 • 530.885,7072 • 800.400 T072 • 530 8$5.5798 Fax Auburn. CA Truckee. CA Vacaviife, CA • Reno. NV Containing: A gross area of.35,785 sq. ft_ {fl.822 acres}, more or less, of which 13,608 sq. ft. {0,314 acres}, rr~ore or less, lies within existing prescriptive highway right-of way, and i b,834 sq_ if, (0.386 acres), more or less lies within encumbered highway right-of--way leaving a net area of 5,283 sq. f1. (0.121 acres), more or less. The basis of bearings for this description is the California State Plane Coordinate System of 1983 {CC583), Zone 2. All distances herein are grid distances in U.S_ Survey Feat_ To compute ground distance, divide grid distances by fl_9998.3695_ Attached hereto is a plat labeled "Exhibit B" and by this reference made a gait hereof. This real property description lZas been prepared by nte, or under any direction, in conformance with the Professional Land Surveyors Act. END OF DESCRIPTION ~` nn 4.r~ ~q`} P H~71~ ~~. U x ~ ~ ~ ~ It 2~ Z,vo~ -~ F- c~ Thomas P~ Holt3nberg, LS No~ 73b3 Date * rYNO''`~;~,p7 ,~ For and on behalf of'ANDREGG Geomatics, sgre 4fi ~AL~Fo~ EXHIBIT B s C~RSPACN~R & K~1JF'DI~JG PARCEL J DR~9~--~~J3f 777 R=900..00 7'49' 47" L~ 122.99' POB --581'46'40"E 25.06' -~ PER OR 94--031777 X50' EASEMENT PER BOOK i 95 PAGE 376 R=240.D0 ~=35'42'37" L~149.58' LS89'35' 28" E A: 120+80.79 56.07' x'07' 38 15.57 LEGEND STA: 127+05.95 LIMIT OF PRE5CRIPTIVE RIGHT OF WAY 81 Ri3,55~,E i 445.15' ~~ I r i ~~ ~~ r C .SEC 28 1 `. ~ N54'40'55"E 271,46' ~- ~ _ •, ~ ~~~ . ~ ~~ ~ ~: ~ . ~ / ~ 4 ~ ~ i ~ ~~ i ~ i i N89'30'59"W 1993.6f}' SOUTH LINE OF' THE NW ~ OF SEC 28 PRapOSEO RIGHT OF WAY EJNE -~-- PROposeo cENTERUNE aF Raw N 5ECT10N LI E --- ----- -- EXISTING EASEMENT (R) RAQIAL ENCUM6F_RED AREA NET RIGHT aF WAY AREA GROSS AREA 35,785 54. FT (0.822 ACRES) ENCUMBERED AREA 16,834 SR• FT. (0.386 ACRES)t NE`f RIGHT OF WAY AREA 5,283 Sa. FT_ {0.721 ACRES) N ~~ ~ v i1 cs ~ ;_ 0 5Q ~-NDR~GG G E[7 MATIi. C S www.sn[[rs~g.aom eaa-aoo-~o~z `~~u ~~ BRAWN $Y: ANDREGG PATE: 11/29/06 FOREST H~CaHWAY 17~ EXHIBIT CHECKED BY: SCALE: 1" = 100' ACaU1SiT]CN PARCEL n ~~ ' ~~~n SEC 28 T25N R4E -~ ~ APPROVEd:. G~Gf' '~~w~ DEPUTY DIRECT4ft OF PUBLIC WORKS APN~ 059-~80-028 ss~EET 1 OF } Attachment 1 ~~'~r ~- ~l] T TF /~ o 0 !r o v ! o 0 ~4 v o `~~ eau N,~y ° p~Clc W~`~5 DEPARTMENT OF PUB~.IC WORKS COUNTY O F BUTT E J. Michael Crnmp, Director CERTIFIED MAIL January 9, 2009 Matthew/Rasalind Gerspacher and Larry/Laura Knifox-g 320D Fawnridge Ct Paradise, CA 95969 APN: 059-180-028 7 Count}+ Center Drive Qroville, CA 959b5-3397 (530)538-7b81 (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 059-180-028 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 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 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 Attachmen# 1 (which property shall be referred to herein as the Property.) 2. Notice of Your Right to Appear and Be Heard. Please take notice that the Butte County Board of Supervisors, at a regular meeting to be held on February 24, 2009 at 1.1:00 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 Code of Civil Procedure § 1245.220 for the commencement of an eminent domain proceeding to acquire real property. ~. You have a right to appear and be heard before the Butte County Board of Supervisors at the above scheduled hearing on the following matters and issues, and to have the Butte County Board of Supervisors give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity and make the findings listed therein: a. Whether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code §7267.2(x), 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 summazy were in a form and contained all of the factual information required by Government Code §7267.2(x), 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 regazding the right to take said property by eminent domain; and £ 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 Boazd of Supervisors for 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 Code §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 within Fifteen. (15) Days after the Notice was Mailed will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the clerk of the governing board within fifteen (15} days after this Notice was mailed.. You must file your request to be heard xt: 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 (15) days after this Notate 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 appeaz and be heard within fifteen (15} days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the Butte County Board of Supervisors at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of iaw 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. 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 thaf 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 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) 538-76$1. . Sincerely, Mike Crump, Director Butte County Department of Public Works Stuart Edell, Manager -Development Division Original Notice dated and mailed on 7anuary 9, 2009. ATTACHMENT 5 EXHIBIT A "EXI3ISIT A" Owner: Matthew Gerspacher and Rosalind Gerspacher Larry Knifong and Laura Ann Knifong Tax Parcel: D59-1$0-028 Project Name: Forest Highway 171 From; Sta. 120+80.79 To: Sta. 127+05.95 In: BUTTE COUNTY, CA. A portion of that tract of land described as Parcel I in Dacurnent Number 9431777, County of Butte Records located within the Northwest quarter of Section 28, Township 25 North, Range 4 East, M.D.M., County of Butte, State of California, described as follows: A strip of land 60 Feet wide, the right sideline of said strip being coincident with the following described centerline: Commencing at the center quarter corner of Section 28, Township 25 North, Range 4 East, monumented by a 1 1z" iron pipe with tag L5 2780; thence coincident with the South line of the Northwest quarter of said Section 28 North 89°30'5}" West 1,993.60 feet to the southerly prolongation of the West line of said Parcel I; thence along said southerly prolongation, North 0°D7'38 "West, 15.57 to said centerline and the P©INT OF BEGINNING; l . Thence South 81°46'40" East, 25.06 feet to the beginning of a curve to the left having a radius of 90DAD feet; 2. Thence along the arc of said curve, through a central angle of 7°49'47", 122.99 feet; 3. Thence South 89°36'28" East, 5b.07 feet to the beginning of a curve to the Ieft having a radius of 240.00 feet; 4. Thence along the arc of said curve, through a central angle of35°42'37", 149.58; 5. Thence N 54°40' S5" E, 271.46 feet to the east line of said Parcel l described in. Document Number 9431777 and being the terrninus of this strip, from which said center quarter corner of said Section 28 bears South 81°13'55" East, 1445.15 feet. The sideline of the hereinabove described strip to be lengthened or shortened to terminate at said west line and east line of said parcel I. Together with underlying fee interest, if any, contiguous to the abav~described property in and to Skyway Road. We take your position precisely. 11661 Blacker Drive, Suite 200, Auburn, CA 95603 • 530.885.7072 • 800.400 7072 • 530 885.5798 Fax Auburn. CA • Truckee. CA • Vacaville. CA - Reno. NV Containing: A gross area of 35,785 sq. ft. (U.822 acres}, more or less, of which 13,668 sq. $. (0.314 acres},more or less, lies within existing prescriptive highway right-of way, and 16,834 sq. ft. (0.3$6 acres}, more ar less lies within encumbered highway right-of way leaving a net area of 5,2$3 sq. it. {0.121 acres}, more or less. The basis of bearings for this description is the California State Plane Coordinate System of 1983 (CCS83}, Zone 2. All distances herein are grid distances in U.S_ Survey Feet_ To compute ground distance, divide grid distances by 0.99983695_ . Attached hereto is a plat labeled "Exhibit B" and by this reference made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Sr~rveyors Act. END OF DIESCRIPT~ON ~a~~,E~~ s~R . ~~ Bp`s P No~~L~`~ Q.w, -` ^ ~ ~ Z9 2 ors (o i- c~ ~ x~ ~ ~ ?homas P. Holmberg, LS No. 7363 Date 'k sxNa~ 7~~~Q7 ~ ~~ For and on behalf of ANDREGG Geom;atics. 9~ of Cl~~-~F~~ ATTACHMENT 5 EXHIBIT B ~~F2SPACH~R & KNIPD~C PARCEL ~ OR---9~-•U3 j x'77 ~ PER OR 94-D~1777 R=90D.D0 X50' EASEMENT PER BOOK 195 ~=7`49'47" PAGE 376 L=122.99' R=24D.00- ~POB A-X5`42'37" --581'46'40"E L~149.58' 25.06' X589'36'28"E A: 120+80.79 56.D7' 15.57 w STA: 127+05.95 LIMIT Ot' PRESCRIPTIVE RIGHT OF WAY N54'40'S5"E 271.46' jr . ~r i ~~ ~ i ~ ~ ~ ~ ~ ~ ~i i i i i N89'30'S9"W 1993.6D' DE1TH LINE OF THE NW ~ OF SEC 28 PROPOSED RIGHT OF iYAY UNE PROPOSER CENTERLINE OF ROW N uNE SECTIO --- ----- --r ~-- EXISTING EASEMENT {R) RACIAL ENCUMBERED AREA NE7 RIGHT OF VYAY AREA GRDSS AREA 35,785 5Q. ~ (0.822 ACRES)t ENCUMBERED ARSA 18,834 SQ. ~ (0.386 ACRES) NET RIGHT OF WAY AREA 5,283 SO- EZ_ (p_121 ACRES) 87 `? 355_"E 2 445..15' ~~ r i A' .'~~ r r i C .SEC 28 ~ `. i ~~~ ~a II U 25 '!DD Q 50 AN DREGG G Ea MATT CS www.urfclweg~.oom 8DD-40Q-7072 ~~ ~~ ORAWh! BY: ANDREGG DATE: 11 29 os F4REST HEGNWAY 171 EXHIBIT' °° °° cHECK~o 8Y: scALE: 1~ =too' ACC~UISIT14iV PARCEL n~~ ° SEC 28 T25N R4E '~,r~ wow' DEPUTY DIRECTOR OF PUBLIC- WORKS APN~ 059-1$~-U28 SHEET 1 OF 1 ATTACHMENT 5 EXH~3IT C COPY OF PROPOSED RESOLUTION _., RESOLUTION OF NECESSITY REGARDING ACQUISITION OF REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC ROAD PURPOSES; ROAD CONSTRUCTION (CODE OF CNIIa PROCEDURE §1245.230(x)}, SKYWAY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1(1), PARCEL NO.OS9-180-028 The Butte County Board of Supervisors, by vote oftwo-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: 1. County of Butte and the Federal Higliway Administration, intends to reconstruct the Skyway FH-171 Highway. The "project", a public use, and, in connection therewith, acquire int~.rests in certain real property. Said project is for a public use which is a function ofthe County of Butte. 2. County of Butte is authorized to acquire the property shown in Exhibit A and described in Exhibit B herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure § 1230.010 et 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 shown in Exhibit A and described in Exhibit B, attached hereto and incorporated herein by reference together thereof 4. On ianuary 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 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 RaIl 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 an 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. Knifong AP 059-3.80-028 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 wi11 be most compatible with the greatest public good and the least private injury. a 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 Civii Procedure § 1240.d 10 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 all the factual disclosures provided by Government Code §7267.2{a). f. All conditions and statutory requirements necessary to exercise the pourer 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 fiarther FINDS, DETERMINES, DECLARES AND RESOLVES that County Counsel and Contract Counsel, Brace 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 far an order permitting the County of Butte to take immediate possession and use of said property for said public uses Knifong AP 059-180-02g Exhibit C Paga 2 of 3 and purposes. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 24`t' day of Febrtaary 2009, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: BRIAN C. HADDIX Chief Administrative Officer and Clerk of the Board of Supervisors By Clerk/Deputy Bill Connelly, Chair, Board of Supervisors County of Butte, State of California Knifang AP 059-1$0-028 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 Oraville, CA 95965 Re: Notice to Appear and Be Heard, County Project No. CA PFH I'1I-1{1), Parcel No. 059-I80-028 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. 1 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. ~ respectively request to appear at the public hearing set fourth on February 2~-, 2009 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 heazd 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, MattllewfRosalind Gerspacher and LarrylLaura Knifong 3200 Fawnridge Ct Paradise, CA 95969 Knifong AP 059-ISO-028 Attachment 2