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HomeMy WebLinkAbout09-028Resolution 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-17i HIGHWAY PROJECT, PROJECT NO. CA PFH i7i-i(i), PARCEL N0.059-180-034, (Harness) 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 far the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure § I230A10 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 praperiy 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. 5. The hearing referenced in said Notice of Hearing was held an 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 Code §7267.2(a}. f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the County of Butte. 7. The Butte County Board of Supervisors further FINDS, 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 far 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. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 24~' day of February, 2009, by the following vote: AYES: Supervisor Connelly, Dolan, Kirk, Yamaguchi NOES' Supervisor Lampert ASSENT: None NOT VOTING: None Bill Connelly, Chair, Board of Supervisors County of Butte, State of California ATTEST: GREGORY G. Interim Chief 1 and Clerk tl sy EXHIBIT A "EXHIBIT A" Owners: Kevin W. Alexander Krista La Von Alexander Krista L. Harness Kevin W. Alexander From Sta: 137•+92.'71 To Sta: 150+39.5? Tax Parcel: 059-i80-034 Project Name: Forest Highway 171 In: Butte County That portion of the tract of land described in Document Number 1999-006469, of Butte County Official 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 left sideline of said strip being coincident with the fallowing described centerline: Commencing at the center quarter corner of Section 28, monumented by a 1 1IZ" iron pipe plugged LS 2780; thence coincident with the east line of said Northwest quarter of Section 2$, North 00°23'56" East, 884.56 feet to the southeast corner of said tract of land described in Pocurnent Number 1399-006449; thence along the south Tine of said tract of land, North 89°38'20" West, 774.53 to said centerline and the POINT OF BEGINNING; I . Thence North 11 ° 19'2$" East, 32.31 •feet to the beginning of a curve tv the left, having a radius of 500.00 feet; 2. Thence along the arc said curve through a central angle of O 1 °08'45", 10.00 feet; 3_ Thence North 10°10'43" East, 73.05 feet to the beginning of a curve to the left, having a radius of 150A0 feet; 4. Thence along the arc of said curve tluough a central angle of 75°37'08", 197.97 feet; 5. Thence North 6S°26'ZS" West, 76.02 feet to the beginning of a curve to the right, having a radius of 1SOA0 feet; 6. 'Thence along the arc of said curve through a central angle of 23°56'17", 62.67 feet; 7. Thence North 41°30'08" West, 238.02 feet to the beginning ofa curve to the right, having a radius of 150.00 feet; 8. Thence along the arc of said curve tluvugh a central ankle of 20°29'56", 53.67 feet; 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 - Rena. NV 9. Thence North 21°00'12" West, 99.13 feet to the beginning of a curve to the left, having a radius of 150.00 feet; 10. Thence along the arc of said curve through a central angle of.32°S8'24", 84.32 feet; 11. Thence North 53°58'36" j7Vest, 106.92 feet to the begiruzing of a curve to the right, having a radius of 100.00 feet; 12. Thence along the arc of said curve through a central angle of 106°00'2!", 1$ 5.02 feet; 13. Thence North S2°01'48" East, 25.71 feet more or less to the North line of that tract of land described in Book 1999006469, of Butte County Official Records, being size terminus of this strip, from which the North quarter corner of Section 28, znonun-zented by a 1" iron pipe bears North 58°29' 10" East, 1,538.85 feet_ The sidelines of the hereinabove described strip to be lengthened or shortened to terminate at the said south and north lines of said tract of land described in Document Number 1999-006469. Together with underlying fee interest, if any, contiguous to the above-described property in and to Skyway Road. Containing: A gross area of 78,079 sq, ft. (1.792 acres} more or less, of which 19,597 sq. ft. (0.452 acres) more or less, lies within existing prescriptive highway right-of--way, and 6,135 sg. ft. (0. i41 acres), rnore or less lies within encumbered highway right-of way leaving a net area of 52,247 sq. th (1.199 acres) €nore or less. The basis of bearing 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 0.99983695. 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 Surveyors Act. END QF DESCRIPTION ~ ~HI~ID S(i Thomas P. Holrrlberg, LS No. 7 6 Date ~ ~• ''~31~°~ Id0 7353 .~T 1`ar and an behalf of ANDTt1=GG Geozriatics. ~9rr pr. ~~~~F~~ EXHIBIT B ~~ STA• 350-F 39.52 N~S'29~~5 E--___`__ ~f/, _- _ - ' ~ 538•_ r -~ _ -~ ~ ~ ~ ,~i~~ N52'01'48"E ~ ~ ~/ 25.71' R= 3 00.00 1 ~~ . ~=ia6•aa'24" .AP~1 Q~9-- ~ 30-~03~ ,~~~ \ ~ , ~.-185.02' HARN~sS be AL~XANi7~R ~ i, N53'S8'36"W ~ 999--•d~6~59 -~-. ~ 146.92' NZ s1~4'32°W /;r R=150.04 R= 154.00 ` ~ A=-2a"29'56" Or32'S8'24" ~ ~ `/. L=53.67' -~- f_=86.32' / N 41 '30'08"W ,; 23B.02' ~ o UMfT OF \ ~ R=150.00 ~ `~ PRESCRIPTIVE ~~ C1-=23'55'17" y :-- RIGHT OF WAY \ ~=62-6N65'26'25"W 50 2Do i r /i,,~ ~=~ ` ~ - 76.42' a 1 Do ~,5a' EASEMrrNT •' ,f PER BOOK 195 t , ~ R=15[7.04 PAGE 376 ti ~~ A=75'37`08" . L- i 97.9T . 10'10'43"E 73.05' R=544.44 ~ ~ N11 •~ 9'2s"~ . b=1'08'45" / ~ 32.37 ` L=10.40' ~ `/ N89'3$'20"W POB 774.53' STA: i 37+92.7 LEGEND ~~a`-~ ND~~~~ .. = ~, ~ ~ PROAOSEO RIGHT OF WAY UNE ~ ~ ' U --~-~~- -~- PROPOSED CENTERi.,EKE OF ROH1 ~ tl i ~ sECTIDN uNE ~ ~ _ ,c, - - - - - - EXISTING EASEMENT EXP. 12/31/Q7 (R) RADIA4. trJ, NO. 7363 ~ '9 ~ ~ ® ENCUMBERED AREA jF ~ OF CA~-~F a z NET RIGIiT c>= wAY AREA GROSS AREA 78,079 SQ. FT. (1..792 ACRES}~ ~, ~ ~ R E~' ~' G ~ ~4 ENC~IMBERED AREA fi,i35 5D- FT_ (0.11 ACRES}~ NET RIGHT OF WAY AREA 52,247 SQ. FT. (1.199 ACRES}~ GEVM/gTIGS SEC 2g www. gel t~ tl r~gb. o a r~1 S00-dOD ~U72 ~~'~~ DRAWN BY: ANDREGG BATE: ii/22/DS F4AE5T HfGHWAY 171 EXHIBIT ° ~° a o CHECKED 8Y: 5CAl.E: 1" = 20D' ` A~+QUtSlTiON PARCEL SEC 28 T25N R4E ~ ~y }~ FV{ ~ APPROVED: ~ `~r,~ DEPUTY DIRECTOR OF PU6UC WORI(S APN~ X59 X80-~34 SHEET i OF 1 Attachment 1 . v~Q~~"^~-vr o~ .,~ ~;urTF a %ro o ~4 O ~ ~~ o 0 `\ pCOU N~~S ~trc wo~''~ DEPA :TMENT OF PUB ~C WORKS COUNT Y O F B UT T E J. Michael Crump, Direclor 7 County Center Drive Oroville, CA 95965-3397 (530)53$-7681 (FAX) 538-7171 CERTIFIED MAIL January 9, 2409 Krista La Von Harness 103 Triff Ct. Folsom, CA 95630 APN': 059-180-034 Re; Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Certain Real Properly or Interest in Real Property by Eminent Domain {California Code of Civil Procedure §1245.2357, Skyway Road >F'H-171 Reconstruction Project, Project No. CA PFH 171-1(1}, Parcel No 059-180-034 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 ar 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 2~4, 2049 at 11:00(} 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 Native 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 beheld on February 24, 2009 at 11:00 a.rn., or as soon thereafter as the matter maybe heard, at the Board of Supervisors Meeting Room, 25 County Center Drive, Oroville, California, will hold a hearing an 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 Prap~S'• You have a right to appear and be heard before the Butte County Board of Supervisors at the above scheduled hearing an 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 goad and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code §7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement in summary were in a form and contained all of the factual information required by Government Code §7267.2(a), a copy of which is attached hereto; e. Whether the County of Butte has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the 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 and accompanies this Notice as Exhibit C. Your name appears on the last equalized Butte County assessment tali 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 Gaiifornia Code of Civil Procedure § 1240.41, 0. 3. Failure to ale a Written Request to Se Heard within )E~ifteen {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 {1S) 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, far 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 Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure ~ 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the Butte County Board of Supervisors at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the County of Butte an 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 ar 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) 538-7681. 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 6 EXHIBIT A s~EXHi$IT A" Owners: ICevin W. Alexander 1Crista La Van Alexander Krista L. Harness Kevin W. Alexander From Sta: 137-92.71 To Sta: 150+39.52 Tax Parcel: 059-180-034 Project Narne: Forest Highway 17l In: Butte County That portion of the tract of land described in Document Number 1999-006469, of Butte County Qfficial Records, located within the Northwest quarter of Section 28, Township 25 North, Range 4 East, M_D.M., County of Butte, State of California, described as follows: A strip of land 60 feet wide, the left sideliire of said strip being coincident with the fallowing described centerline: Commencing at the center quarter comer of Section 28, monumented by a 1 112" iron pipe plugged LS 2780; thence coincident with the east line; of said Northwest quarter of Section 2$, North 00°23'56" East, 88455 feet to the southeast corner of said tract ofland described in Document Nurrrber 1999-006469; thence along the south line of said tract of land, North 89°38'20" West, 774.53 to said centerline and the POINT Or BEGINNING; l . Thence North 11 ° 19'28" East, 32.31 feet to the beginning of a curve to the left, having a radius of 500.00 feet; 2, Thence along the arc said curve khrough a central angle of 01 °08'45", i 0.00 feet; 3. Thence North 10°10'43" East, 73.05 feet to the beginning of a curve to the left, having a radius of 150.00 feet; 4. Thence along the arc of said curve through a central angle of 75°37'0$", 197.97 feet; 5_ Thence North 65°26'2S" West, 76.02 feet to the beginning of a curve to the right, having a radius of~ 150.00 feet; 6. Thence along the arc of said curve through a central angle of 23°56'17", Ci2.67 feet; 7. Thence North 4}°30'08" West, 238.02 feet to the beginning of a curve to the right, having a radius of 150.00 feet; $. Thence along the ar•c of said curve tluaugh a central angle of ZO°29`56", 53.67 feet; We take your position precisely. 'i966i Biocker Drive, Suite 200, Auburn, CA 95603 • 530.885.7072 • 800.400.7072 • 530.885 5798 i'ax Auburn, CA • Truc[cee. CA • Vacaville, CA • Reno. NV 9. Thence North 21°00'12" West, 99.13 feet to the beginning of a curve to the left, having a radius of 150.00 feet; 10. Thence along the arc of'said curve through a central angle of~.32°S8'24", 86.32 feet; l l . Thence North S3°58'36" West, 106,92 feet to the beginning of a curve to the right, having a radius of 100.00 feet; 12_ Thence along the arc of said curve through a central angle of 106°fl0'24", 185.02 feet; 13. Thence North 52°01'48" East, 25.71 feet more or less to the North line of that tract of land described in Boole 1999-OOd~lfi9, of Brrtte County Official Records, being the terminus of this strip, from which the North quarter corner of Section 2$, monurrrented by a 1" iron pipe bears North 58°29' 10" East, 1,538.85 feet. The sidelines of the hereinabove described strip to be lengthened ar shortened to terminate at the said south avid north lines of said tract of land described in Document Number 1999-0064fi9. Together with underlying fee interest, if any, contiguous to the above-described property in and to Slcyway Road. Containing: A gross area of 7$,079 sq. ft_ (1.792 acres} more ar less, of which 19,697 sq. ft. (0.452 acres) more or less, lies within existing prescriptive Highway right-of way, and 6,135 sq. ft. {0.141 acres), more or less lies within encumbered highway right-of way leaving a net area of 52,247 sq. f~ { 1.199 acres} more ar iess. The basis of bearing for this description is the California State Plane Coordinate System of 198.3 {CCS83), Zone 2. All distances herein are grid distances in U.S. Survey beet. 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 Surveyors Act. END OI+ DESCRJIPTIDN ~!~[~l~ 3 ~~~~ P 1-lp ~~L~, Uf ~ P ~~ ~ t ~~ 'yoo ~ ~ S' ! ~ Thomas P. HolrrEberg, LS No. 7 6 Date * ~xP. °-/3i/°~ Na 7363 ~~-~- i~or and on behalf of ANDREGG Geoinatics. ~~9~C p~- C~~-~F~4~" ATTACHMENT 6 EXHIBIT B STA: 150+39.52 / / - ~r ~ 538.85 - _ _ ~ / _ - C ! _ _ - ~ ~ ~ _ -_ ' J r ;lam//~ r ~5G'~i'4~n~ ~ ~ ~ 25.7i' R= i DD.4Q 1 ~/ 6=tb6'DO'24" l~P~) Q~~~ ~ ~~-~Q3~4 ~ l~%1 L=1$5.02' HAR '~ ' NESS do AL~~(AND1;R \ ///i, N53`58 36"W ~~ ' ~ 999-rD06~63 ~ iD6.92 -T--- ~ ~ td21'DO'12"W ~ ~, 99.i 3' %;i R=i 5000 >~=i50.aD 1 ~ ~=2D"29'56" Or=32'58'24" \ '~~~ L=53.67' ' ~ -N- L=86.32 /f N4i'30'0$" W 238.02' ~ o \/~ R=i50.Ofl ~ N LIMIT OF \~ A= 23'56'17" ~+ :- PRESCRjPl1VE ` ~ L=62 67' \ RIGHT QF WAY r%r . SD zoo N65'26'25"W ~~~ ,, ~~~ ~~ 7fi.42' 0 1 oQ x,50' EASEMENT ~ '~ PER BOOK i95 '' \ // PAGE 376 ~ ' ~ pW.75'37'D8" ~ L=197.97' . % i0'1D'43"E ' 73.05 ~ ' ' " R=504,00 ` !Vi 1 19 28 E . Q=1'48'45" ' / ~ 32.3i' L=io.OD ~ ;l N89'38'2C]"W P4B 77q~ 53' STA: 137E 92.7 . LEGEND ~~,o`-~~'°o~~L ~ ~ ~ ~ '{' ~ --- PROP05ED RIGHT OF WAY LINE n PROPO D N F UN ~ • ~ SE CE TE 2 E OF ROW ~ `~ [ ~ SECTION LINE cfl ~ ~ ~ - - - - (R) - - EXISTING EASEME'IVT EXP. 12/31/fl7 RADIAi ~ ® . tnJ, N0. 7363 ~ ENCUMBERED AREA '~~ O~ F ~ 0 0 O ~ aF cA~-~ z NET RIGHT OF WAY AREA GR05S AREA 78,079 SQ. FT. (1.7$2 ACRES) AN DR~GG ENCUMBERED AREA fi 135 50 i4 FT O ~ ~~'~' , . ( . 1 ACRES)t NET RIGHT OF WAY AREA 52,247 5Q. FY. (1.199 ACRES)t ~ EQ n~~T~ CS SAC 2~ www ~tndrr-~d.oom 800-400-7fl72 ~0 s~F°~ DRAWN BY: ANDREGG DATi=: 122/06 FpREST HIGHWAY X71 EXHIBIT o a e° ° CHECKED BY: scALE: 1" ~ zoa' ACQUISfff~~fpp[ONjjrP,,ApR^C~EL ~~ 6Q TGSiY R4E ~ ~ APPROVED: qua w~ pEPUTY DIRECTOR OF PUBLlC WORKS APN~ 059 180-034 SHEET 1 DF 1 ATTACHMENT b EXHIBIT C COPY OF PROPOSED RESO~LUTTON 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(x)}, SKYWAY FH-119 HIGHWAY PROJECT, PROTECT NO. CA PFH 171-1(1), PARCEL N0.059-180-034 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 Highway Administration, intends to reconstruct the Slcyvvay 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 Couxrty 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 Govemrnent 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 7anuary 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 Rat! as having an interest in the pmperiy 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 Febru 2009 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. Harness AP 059-180-034 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 fallowing: 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 § 1240.414 e. The offer required by §7267.2{a} of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all the factual disclosures provided by Government Code §7267.2{a). f. All conditions and statutory requirements necessary to exercise the power of eminent domain {"the right to take"} to acquire the property described herein have been complied with by the County of Butte. 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 acquiure 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. Ta 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 pernutting the County of Butte to take immediate possession and use of said property for said public uses Harness AP b59-180-034 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 24`x' day of Febru 2009, by the following vote: AYES: NOES: ABSENT: NOT VOTXNG: 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 Harness AP 059-184-034 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 N©. CA PFH 171-1{1}, Parcel No. 059-1.$0-03~ 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. h 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 appeaz 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 25 County Center Drive, Oroville CA, and have my concerns heard in regards to the proposed Adoption of a Resolution of Necessity to Acquire Property owned by me, utilizing Eminent Domain procedures. A map and description of the property being considered for acquisition, marked Exhibit A and Exhibit B, have been received by myself along with the proposed Resolution of Necessity and a copy of each has been provided. Sincerely, Krista La Von Harness 103 Triff Ct. Folsom, CA 95630 Harness AP 059-180-034 Attachment 2