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HomeMy WebLinkAbout09-029Resolution 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 N0.060-100-047, {Grigg) 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; Sheets 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. 4.4n January 9, 2009, there was mailed a Notice of Hearing on the Intent of the Butte County Boazd 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 incozporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appeaz 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 refezxed 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 § 1244.410 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 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, Brace 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. PASSED AND ADOPTED by the Board of Sulaervisoxs 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: None NOT VOTING: None Bill Connelly, Chair, Boar of Supervisors County of Butte, State of California ATTEST: GR Inte and By EXHIBIT A "EXHIBIT A" Or~vners: Gary Grigg and Carol Grigg and Margaret Hill From: Sta. 598+71.19 To: Sta.. 601+b8.39 Tax Parcel: 060-100-047 Project Name; forest Highway 171 In: BUTTE COUNTY, CA. That portion of the 5outl~ half~of the Northwest quarter of Section 29, Township 26 North, Range 411ast, M.D.M., County of Butte, State of California, described as follows: A stFip of land 60.00 feat wide, the left sideline of said strip being coincident with the fallowing described centerline: Commencing at the West quarter comer of said Section 29, monumented with a 2" brass cap ska~nped T26N R4E, 114 S29~S30, LS 3675, 1978; Thence coincident with the south line of said Northwest quarter South 89°56' 14" East, 2016.91 feet; 'T'hence North 00°03'46" >~~ast, 90.49 feet to the centerline of Butte Creek, a paint on a non- tangent curve to the left, hawing a radius of 150.00 feet, the center of which bears North 70°25'34" West and the POINT OF BEGINNING; 1. Thence along the arc of said curve through a central angle of 1 S°14`20", 47.87 feet, 2. Thence North 04°20'06" East, 8S_40 feet to the beginrMing of a curve to the left, having a radius of 160.00 feek; 3. Thence along the arc of said curve, through a central angle of 44°52'56", 125.34 feet; 4. Thence North 40°32'50" Wesk, 38.59 feet to tl~e terminus of this skrip from which said West quarter corner of Section 29 bears South 79°29'21" West 2003.92 feet. Together with underlying fee interest, if any, contiguous to the above-described property in and to Skyway Road. Containing: A gross area of 19,181 sq. fk, (0.440 acres) more or less, of which 65 sq. ft. (OAOI acres) more or less, lies within existing prescriptive highway right-of--way, and 9,766 sq. ft. (0.224 acres} snore or less, lies within existing highway right-of--way (fee), leaving a net area of 9,349 sq_ ft. (0.21 S acres} more or less. We take your position precisely. tiB6S Blacker Drive, Suite 200, Auburn, CA 95603 • 530.885 7072 • 800.400.7072 530.885.5798 Fax Auburn, CA Truckee, CA Vacaville. CA Reno. iVV The sidelines of the hereinabove described strip to be lengthened or shortened to terminate at said centerline of Butte Creek and the north line of Lot 10 of Butte Meadows No. 2 recorded in Book lfl of Maps at Page 13, Butte County Records_ The basis of bearings for this description is the California State Plane Coordinate Systerrr of 1983 {CCS83), Zone ?. All distances herein are grid distances in U.S. Survey Feet. To compute ground distance, divide grid distances by 0..99983595. 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 canfor~~~-ance with the Professional Land Surveyors Act. END OF D)JSCRXPTXON ~Q~~,idD S~~. ~~'~P HpC L~, n c,r .~ ~ ~ ~~~lc~. li3o ``'~ ~° Tlion~as P. T~olinberg, LS Na_ 73 3 Date '* E~`P• E2~~1~07 S~ NO 7363 `~q T'or and o~~ behalf of ANDREGG Geomatics. qrE' p~ CAS-~F~~` EXHIBIT B 5TA: 6D1+6$.39 ~~ S7g~2? 2~„W --~op3.92 N40'32'S0"W- 38.59' _ W R=16D.00 SEC 29 Q=44'52'56" L=125.34' N~4•zo'os"~ &5.40' SAME CORNER S70 2s 34 +'~ ~ BU7TE CREEK ~ ~" l _~ ~~~ ~ ~~ `~~~ LIMIT 0~ ~ r' PRESCRIPTIVE ~ --1 € ~. , ~~, RIGN7 OF WAY a T ~ ~/ ~i ~ /: 40' RDW '~ ~i 1; ~~ ~~ 217 QEEpS 158 p ~ a ~ ~ I _. ~~ ~~ I ~., i / D=15']4'20" I L= 47.87' POB ~ STA: 598+71.19 N00'03'4s"E ~ 90.49' 589'56`14' 2616.91' -W SEC 29 LEGEND FROP05ED RIGHT OF WAY LINE "" PROpOSEQ CENTERLINE OF RQW SECTION LINE ~"' T' - -- EXISTING RIGHT OF WAY LINE (R) ~ ` RADIAL ® EXISTING RIGHT' OF WAY AREA NET RIGHT OF WAY AREA GROSS AREA 18.781 $(?. Ff. (0.44Q ACRES) EXfSTiNG RIGH7 OF WAY (FEE) AREA 9,766 SQ_ FT. (]).224 ACRES)# NET RIGHT 4F WAY AREA 9,349 SQ. F"f. (0.2i5 ACRES) ~ °o V 11 rn - ~~ ~~~~~ G EO MATf CS vs-M+w-.~rl~dta~g.com 8Q0-4Q€i-7072 ~~ r' ~ DRAWN 8Y: aNDREGG DA71=: 10 1'7 os FQREST HIGHVIIAY X71 °o CHECKf=p BY: 5CAL.E: i" ~ 100' ACQU~SmON PARCEL ° ° A~PROVEa, SEC 29 T. 26 N., R. 4 E. ~,~ .~~ DEPU71l 171RECTaR of FuOLfc WORKS APN~ 060=10Q~047 EXHIBIT n~~ ~ntt~ ~ ur ~ Attachment 1 ~Q~~~T ~l~~uTrFa ~~ o a ~ o a tit a o 0 0 cDUN~~ A~QC10 Wo~,~S DEPARTMENT OF PUB~,IC WORKS C O U N T Y O F BUTT E 7 County Center Drive ,1~. Michael Crump, Dzrector Oroville, CA 95965-3397 (530}538-768E (FAX) 538-7171 CERTIFIED MAIL January 9, 2009 Gary and Carol Grigg 1608 Oak Park Ave Chico, CA 95926 APN: 060-100-047 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 i71-1{1}, Parcel No 064-100-047 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 far 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 Boazd of Supervisors intends to consider the adoption of a Resolution of Necessity on February 24, 2009 at 1 i :000 a.rn. 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 Be 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.m., or as soon thereafter as the matter may be heard, at the Board of Supervisors Meeting Roozn, 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 far the canunencement of an eminent domain proceeding to acquire real Property. . You have a right to appear and be heard before the Butte County Board of Supervisors at the above scheduled hearing on the following matters and issues, and to have the Butte County Board of Supervisors give judicious consideration to your testimony prior to deciding whether or not to adapt the proposed Resolution of Necessity 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 §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 sand 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 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 aze Government Code §25350.5, Streets and Highways Cade §943 and California Code of Civil Procedure § 1240.410. 3. Failure to File a Written Request to Se Heard within Fifteen (15) Days after the Native 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 {i5) 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,. 959bS. A Notice, to be Heard form is attached as Attachnraent 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 Notice was mailed. The date of mailing appears at the end of Phis 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 (1S) 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 nonappeazance 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 appeaz and not to be heard, you will only be foreclosed from raising in a court of law the issues which aze 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 andlor 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. Tf you have additional questions about the property agreement, right of possession or any other additional items, please contact me at {530} 53$-76$1. Sincerely, Mike CrEUnp, Director Butte County Department of Public Works Stuart Edell, Manager -Development Division Original Notice dated and mailed on January 9, 2009. 3 ATTACHMENT 7 EXHIBIT A "EXHIl3>(T A" O~vners: Gary Grigg and Carol Grigg and Margaret Hill l;ram: Sta. S9$-X71.19 To: Sta., 601+65.39 Tax Parcel: Ob0-100-047 Pro,~ect Name: Forest Highway 171 fn: BUTTE COUNTY, CA. That portion of the South half of the Northwest quarter of Section 29, Township 26 Narth, Range 4 East, M.D.M_, County of Butte, State of California, described as follows: A strip of land 60.00 feet wide, the left sideline of said strip being coincident with the following described centerline: Commencing at the West quarter corner of said Section 29, monumented with a 2" brass cap stamped T26N R4E, 114 S29~S30, LS 3675, 1975; Thence coincident with the south line of said Northwest quarter South S9°S6' 14" East, 2016.91 feet; Thence North 00°03'46" East, 90.49 feet to the centerline of Butte Creek, a paint on a non- tangent curve to the left, having a radius of 180,00 feet, the center of which bears North 70°25'34" West and the POINT OF BEGINIMTING; 1 _ Thence along the arc of said curve through a central angle of 1 S° 14'20", 47.87 feet; 2. Thence Narth 04°20'06" East, 8S_40 feet to the beginning of a curve to the left, having a radius of 160.00 feet; 3. Thence along the arc of said curve, through a central angle of 44°52'S6", 125.34 feet; 4. Thence North 40°32'SO" West, 38.59 feet to the terinir-us of this strip from which said West quarter corner of Section 29 hears South 79°29'21" West 2003.92 feet. Together with underlying fee interest, if any, contiguous to the above-described property in and to Skyway Road. Containing: A gross area of 19,181 sq. ft, (0.440 acres) more or less, of which 55 sq. ff. (OA01 acres} more or less, lies within existing prescriptive highway right-of--way, and 9,766 sq. ft. (0.224 acres) snare or less, lies within existing highway rightwof--way (fee), leaving a net area of 9,349 sy_ ft_ (0.215 acres} more or less. We take your position precisely 1'i66i Blacker Drive, Suite 200, Auburn, CA 95603 • 530.885 7072 • 804.400.7072 • 53D.8$5.5798 Fax Auburn, CA Truckee, CA Vaca~iiie. CA Reno- iVV The sidelines of the hereinabove described strip to be lengthened or shortened to terminate at said centerline of Butte Creek and the north line of Lot 10 of Butte Meadows No. ~ recorded in Book i Q of Maps at Page 13, Butte County Records_ The basis of bearings for this description is the California State Plane Coordinate System of 1983 {CCS83), Zone 2_ All distances herein are grid distances in U.S. Survey Feet. To compute ground distance, divide grid distances by 0.99983695. Attached hereto is a plat labeled "Exhibit B" and by this reference made a part hereof_ This real property description has been prepared by me, or under my direction, in confon~}once with the Professional Land Surveyors Act. END OF DESC1;tiPTION ~~ ~~ P ~C~L~~ oc9 -'a- ~~ Thomas P_ Hollnberg, LS No_ 73 3 Date * Exp. iz/s~/n~ ~~ No 7363 ~Q ror and oat beltalf of ANDREGG Geornatics.. qr~ bF CAL~F~2~ ATTACHMENT 7 EXH~BYT B `~ STA: 6D1+68.39-- ' -- 579r2g 2~ ,W ` r 1 - ~ 20x3.92 - f J ~ N403Z'50"W- 38.59' _ W }~=1 GQ.00 SEC 29 D=44'52'56" L-125.34' t~04'20'06°E 85.4D' SAME CORNER _ _ S7O~25',3y~,. ~, BUT7E CREEK E(~~ r i 589'58 14 E 2016.91' ~' J W 5Ee 29 LEGEND f'ROPOS[~ RiGI-17' OF WAY l1NE ~' ' ' ~ `U (~ ""' ~-~ PROP05Ep CENTERLINE OF ROW ~ J ~ SECTION liNf: '~ ~ .- "" "' '--' - EXISTiHG RIGHT QF WAY LINE ~ . ~ `Il {R)~ ` RADIAL _ Z/31 07 ® EXiSi7NG RfGHT OF WAY AREA J'~ N0- 7363 ~Q' © NET RIGHT OF WAY AREA 9~ pg pp~„~F~~ GRdSS AREA 19,787 SQ. FT. (0.444 ACRES) ~~~~~~~ E?(ISTING RIGHT OF WAY (FEE) AREA 9,76fi S(}_ l-i: {0.224 ACRiw5}~ NET~RIGHT OF WAY AREA 9,349 5Q. FT (0.215 ACRES) ~EDn/I{./~`TItCS www.ghdra~g.com 800.4Q0-787'2 ~$ ~~to~ DRAWN 13Y: ANDREGG DATE:_ 10/7,_,_fdfi FOREST HIGHWAY x'71 EXHIBIT a a a CHECKED BY: SCALE: 7" = 7od• ACQUISITIQN PARCEL ~~~ o a A~pROVED: SEC 29 T. 2fi N., R. 4 E. '~c w~ DI=PUTY DfRECTOR pF PU6LIC HfORKS APN~ 064-~~t)-04] SHEET 1 OF i ~~ ~ I ; ;` LIMIT OE ~ ~_ ~/ PRESCRIPTEVE ~ ~ /~; RIGHT OF WAY ~ ~ L.~,~~ ~ { ~,, 4D ROW ~ ~3 ~ %217 DEEDS 158~©~ i ~ a s>~~ z ~ I a /% ft=180.00 ~ ~1 /~ ~ 15~14'2ntt i _ '%/ ~ L-47.87' V POB STA: 598+71.19 NOD'03'46"E 90.49' ATTACHMENT 7 EXHIBIT C COPY OE 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 CIVIL PROCEDURE §1245.230{a)), SKYWAY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 171--1{1}, PARCEL N0.060-100-047 The Butte County Board of Supervisors, by vote oftwo-thirds or mare of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: 1. County of Butte and the Federal Highway Adrni~nistration, 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 tv 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 Govenunent 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 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 shown in Exhibit A and described in Exhibit B herein, which Notice of Hearing is accompanies the Resolutlon 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 bearing 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. Grigg AP 060-100-047 Exhibit C Page 1 of 3 6. Based upon the evidence presented, the Butte Caunty 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 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 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 Grigg AF Ob0-100-047 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 2~1`~ day of February 2009, by the following vote: AYES: NOES: ASSENT: NOT VOTING: Bill Connelly, Chair, Board of Supervisors County of Butte, State of California ATTEST: BRIAN C. HADDIX Chief Administrative Officer and Clerk of the Board of Supervisors By ClerklDeputy Grigg AP 060-100-047 Exhibit C Page 3 of 3 ATTACHMENT 2 Date: (must be prioz 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 Se Heard, County Project No. CA PFH 171-1{1), Parcel No. 060-100-047 Honorable Board of Supervisors: The County of Butte has notif ed 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 funding. I respectively request to appear at the public hearing set fourth on February 24, 2009, at i 1:00 a.m. iin 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, Gary and Carol Grigg 1608 Oak Park Awe Chico, CA 95926 Grigg AP 060-100-047 Attachment 2