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HomeMy WebLinkAbout09-030Resolunion 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 §1245.234{a}), SKYWAY ROAD FH-171 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1(1), PARCEL N4.4S0-144-051, (Pickens} 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 Adrninisiration, intends to reconstruct the Skyway Road FH-171. The "project", a public use, and, iun connection therewith, acquire interests in certain real property. Said project is for a public use which is a function of the County of Butte. 2. County of Butte is authorized to acquire the property described in Exhibit A and shown in Exhibit B herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure § 1230.010 et seq. and pursuant to Government Code §25350.5; Streets and Highways Code §943 and Code of Civil Procedure § 1240.410 (uneconomic remnant). 3. The property to be acquired is more particularly described in Exhibit A and shown in Exhibit B, attached hereto and incorporated herein by reference together thereof. 4.On January 9, 2009, there was mailed a Notice of Hearing on the Intent of the Butte County Board of Supervisors to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Exhibit A and shown in Exhibit B herein, which Notice of Hearing is accompanies the Resolution of Necessity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit A, and to the address appearing on said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. 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 Ieast 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 § I240.~1I0 e. The offer required by §7267.Z(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 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 acquisifion; 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. z PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 24~' day of Febrnary, 2009, by the following vote: AYES• Supervisors Connelly, Dolan, Kirk, Yamaguchi NOES• Supervisox Lambert ASSENT: None NOT VOTING: None Bill Connelly, Chair, Board of Supervisors County of Butte, State of Califarrua ATTEST: GR lnte and By EXHIBIT A ~~EXHISIT A" Owners: Brian G. Pickens and dnlie M. Pickens From: Sta. 598+71.19 To: Sta_ 603+65.57 Tax Parcel: 060-100-051 Project Name: Forest Highway i 71 lrr: BUTTE COUNTY, CA. That portion of that property described in Grant Deed recorded as Document 2004- 004i 945.0fficial Records County of Butte being a portion of the South half of the Northwest quarter of Section 29, Township 26 North, Rouge 4 East, M.D.M_, County of Butte, State of California, described as follows: A strip of land 60.00 feet wide, the right side line of said strip being coincident with the following described centerline: Comrriencing at the West quarter canner of said Section 29, monumented with a 2" brass cap starrrped T26N R4F~, 1!4 529530, LS 3675, 1978; Thence coincident with the south line of said Northwest quarter South S9°56'14" East, 2016,91 feet; Thence North 00°03'46" East, 90.49 feet to the centerline of Sutte Creek, a point nn a non- tangent curve to the left, having a radius of 180.00 feet, the center of which bears North '14°25'34" West and the POINT OF SEGZNNING; 1, Thence along the arc ofsaid curve through a central angle of 15°14'20", 47.87 feet; 2. Thence North 04°20'06" East, 85.40 feet to the beginning of a curve to the left, having a radius of 160.00 feet; 3. Thence along the aru of said curve, through a central angle of 44°52'56", 125.34 feet; 4. Thence North 44°32'50" West, 130.57 feet to fire beginning of a curve to the right, having a radius of 160.00 feet; 5_ Thence along the arc of said curve, through a central angle of 31 °24'40", $7,72 feet; 6. Thence North 09°08' 10" West, 17.49 feet to the terminus of this strip from which said West quarter corner of Section 29 bears South ?4°08'57" West 1945.30 feet. The sidelines of the hereinabove described strip to be lengthened ar shortened to terminate at said centerline of Butte Creek and the northerly line of said property described in Grant Deed recorded as Document 2004-0041945_ We take your posrtiorr precisely. 1 i66 t Blacker Drive, Suife 250, Auburn, CA 95fi03 • 530.885.7072 • 800 400 7072 • 530.885 5798 Fax Auburn. CA • Truckee. CA • Vacaville, CA - Reno. NV Together with underlying fee interest, if any, contiguous to the above-described property in and to.Skyway Road. Carttaining: A gross area of 29,142 sq_ ft_ (0.669 acres} mare or Iess, of which 10,944 scl. ft. (0,251 acres) mote or Iess, Ties within existing ltighway right-af way, leaving a net area of 18,198 scl. ft_ (0.418 acres) Wrote or less. The basis of bearings 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 )"eet. To cotupute ground distance, divide grid distances by 0.999$3G95. Attached hereto is a plat labeled "Exhibit B" and by this reference made a part ltereof.. This real property description has been prepared by rne, or under my direction, in conformance witlt the Professional Land Surveyors Act, END 4F DESCRIPTION Thomas P. Holmberg, LS N . 7 63 Date 1?or and an behalf of ANDFtFGG Geotnatics. / ~,A~VD SUR r,~-~ p ~ L C~~o' ~ C~~'~D ~, ~ ~ Ex~_ ~z/3t/a~ ,~. \'9~ 19a 7363'n .~~ EXHIBIT S STA: so3+s5.5 57 ~,a8, 5~ ~W~' i X945• f~ j R=160,00 x=31 '24'4Q" ~- W ~ L-87.72 SEC 29 SAME CORNER W r~ ~~ o~ a~ Q 1 ~ 0 p~ ~~ a. » 4U R= 160,OD ~ f ©=44'52'58" f I ~ L=125.34' / ' NO4' 1, 20 06 E ~ ~ I 85.40' ~ ~ + s7~ ca 3~ ~ gUT7E CREEK ~ ~ . ~/' 201 G.91' ~ ~ • _w SEC 28 LAND LEGEND PROPOSFA RIGHT OF WAY LINE "'•' ~~ PRgPOSf-D CEDITERLfNE qF ROw s~cTtgN uNr* (~)'I" RADIAL NET RIGHT OF WAY AREA CROSS AREA 29,142 S(}, FT (O,fiBJ ACRES)* NET RIGHT OF WAY AREA 18,198 SQ_ FT. (0.418 ACaES)~ P. 12/31/67 N0. 73fi3 . ~-~ aF LIMIT ol= ~ PRESCRIPTIVE p --~ RIGHT OF WAY 40' Raw i ~ 217 DEEDS 158 p ~ O Z ~ --R=1$0.00 D, Q Lj=15`] 4'20" L=47.87' r ~ _ POB STA: 598+71.19 00'03'46"E 9 ©. 49' -M- .~.~ °a v fl fQ AN D~~~C G EOMATICS www.elt~drus~B,QOrn 900-4Oq-iQ72 '~ DRAwN BY: ANDREGG DATE:. 70/37/06 FOREST HIGHWAY i71 ~° CHECKED 8Y: SCALE: i" 1q0' o J-~-~ ACQUISR(CN PARCEL APPROVED. ~ f SEC 29 T. 2fi N., R. 4 E. y oE~uTY Dl~ECTOR o~ Puet~c woRKS APN~ afi0-i00-051 N4O'32'SC t~o.~7 1 9.08'1 a"w 17.49' ~~ , / \\ j~~ ~ ~ :: j~~ . ///~,~, ;371 OR 559 EXH1B~i` ~B~ •i1,Lli 1 V~ 1 Attaclunent 1 .,pEp f~/ ~ f~ o 0 O O C O,p 0 0 0 0 4 DEPAt2TMENT OF PUB~,~[C WORKS COUNTY O F BUTT E ~. Micbae[ Crump, Dzrector 7 County Center Drive Oroville, CA 95965-3397 (530)538-7681 (FAX} 538-7171 A Y $ ~Lro WoP`~ CERTIFIED MAIL January 9, 2009 Brian and .Iulie Pickens 7414 Sutter Oak C t Sacramento, CA 95842 APN: 060-100-051 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 FII-17'1 Reconstruction Project, Project No. CA PFH 171-1(1}, Parcel Na 060-100-OS1 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 far 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 an Feb 24 2009 at 1 l :000 am. 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 praperry 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 be held on Febru 24 2009 at 11:00 a.m., or as soon thereafter as the matter may be heard, at the Board of Supervisors Meeting Room, 25 County Center Drive, Oroville, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California 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 fallowing matters and issues, and to have the Butte County Board of Supervisors give judicious consideration to your testimony -prior to deciding whether ar 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 fine manner that will be most compatible with the gz~eatest public good and the least private injury; c, Whether the property sought to be acquired by eminent domain and described in the Resolution afNecessity is necessary for the proposed project; d. Whether the offer required by Government Cade §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 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 )31e a Written. Request to Be Heard within fifteen {1S} 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 (1S) days after this.Notice was mailed. You must file your request to be heard at: Clerk of the Board, 25 County Center Drive, Oraville, 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 far filing within fifteen (15) days after this Native 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 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 an the amount of compensation to be paid far 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 aze able to execute the right of way .documents before February 24, 2009, the Resolution of Necessity will be pulled from the Boazd of Supervisor's Agenda. If you have additional questions about the property agreement, right of possession or any other additional items, please contact me at (530) 538-7681. Sincerely, Mike Cr~unp, Director Butte County Department of Public Works Stuart Edell, Manager -Development Division Original Notice dated and mailed on January 9, 2009. ATTACHMENT S EXHIBIT A "EXHIBIT A" Owrrexs: Brian G_ Pickens and Julie M. Pickens From: Sta. 59$~-71.19 To: Sta. 603+G5.57 Tax Paxcel: OGO-100-051 Project Name: Forest Highway i71 In: BUTTE COUNTY, CA. That portion of that property described in Grant Deed recorded as Document 2004 0041945 officio! 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: A strip of land 60.00 feet wide, the right side line 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 R4F, 114 S29~S30, LS 3675, 1978; Thence coincident with the south line of said Northwest quarter South 89°56'14" East, 2016.91 feet; Thence North 00°03'46" East, 90.49 feet to the centerline of Butte Creek, a point on a non- tangent curve to the left, having a radius of 180.00 feet, the center of which bears North 74°25'34" West and the POINT OF BEGINNING; 1. Thence along the arc of said curve through a central angle of 15° 14'ZO", 47.87 feet; 2. Thence North 04°20'06" East, 85.40 feet to the beginning of a curve to the left, having a radius of 160.00 feet; 3. Thence along the azc of said curve, through a central angle of 44°52'56", 125.34 feet; 4. Thence North 40°32'50" West, 130.57 feet to the beginning of a curve to the right, having a radius of 160.00 feet; 5. Thence along the arc of said curve, through a central angle of 3 l °24'40", 87,72 feet; 6. Thence North 09°OS' 10" West, i 7.49 feet to the terminus of this strip from which said West quarter comer of Section 29 bears South 74°08'57" West 1945.30 feet. The sidelines of the hereinabove described strip to be lengthened or shortened to terminate at said centerline of Butte Creek and the northerly line of said property described in Grant Deed recorded as Document 2004-004] 945_ We take your position precisely. 1166 t Blacker Drive, Suite 200, Auburn, CA 95603 • 530.685.7072 • 800 400 7072 • 530.865 5798 Fax Auburn. CA Truckee. CA Vacaville, CA • Reno. NV Together with underlying fee interest, ifany, contiguous to flee above-described property in and to Skyway Road. Containing: A gross area of 29,142 sq. ft. (0.bb9 acres} more or less, of which 10,944 sq. ft. (0.251 acres) more or less, lies within existing highway right-of--way, leaving a net area of 18,198 sq. ft. (0.418 acres) more or less, The basis of bearings for this description is the California State Plane Coordinate System of 19$.3 (CCS$3), Zone 2. All distances herein are grid distances in U.S. Survey Feet. To compute ground distance, divide grid distances by 0.99983b95. Attached hereto is a plat labeled "Exhibit B" and by this reference made a part hereof This real property description has been prepared by rne, or under my direction, in confonnance with the Professional Land Surveyors Act, END 4F DESCRIPTION ~~~ ~P ~~ p ~~L ~~ ~~5 C1'~ ~.~ Thomas P. Holrriberg, LS N . 7 b3 Date ~ t;xP. ~z/3t/oz S E•lo 7363 ~Q- Porand on behalf of ANDRLGG Geomatics. ~i~. ~_ ,GO4'~ ATTACHMENT S EXHYBTT B LA[~D .P LEGEND PR~P05EE} RIGHT OF WAY LINE ~"" PROPOSE(} CEN7ERLiNE OF ROW SECTION LINE (R) RAAIAt_ NET RIGHT OF WAY AREA CRASS AREA 29,142 5Q. FT_ (a.669 ACRES) NET RIGHT OF WAY AREA 18,198 SQ_ FT. {0.418 ACRE5)f N0. 7363 . ~-i 7i OR 659 LIMIT OF ~ PR~SCRIP~iV~ a RIGHT OF WAY ~ ~ ~ ---- 40' ROW ~ ~3 29 7 DEEDS '[ S8 p ~ ~ ~ ^ -- ~~ -R=181).00 Q N ~ o U f! y x r ANDREt~-G GEOMAT~CS www.e~ndrs~y.com 800-400-7072 DRAWN BY: ANDREGG DATE: 1 D 17 08 FQREST H1GHV~lAY 171 CHECKED sY: SCALE: i" ~ 1 od ACQUISiTIaN PARCEL -` SEC 29 T. 2fi N. R. 4 E. APPRAVED: r DEPUTY DIRECTpR QF PUBfJC WORKS APN~ OBO jQO-051 ExH~Bn- ~~~ 5hkl_! l OF 1 ATTACHMENT 8 EXHIBIT 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 CNIL PROCEDURE §1245.230(x)), SKYWAY FH-119 HIGHWAY PROJECT, PROJECT NO. CA PFH 171-1{I), PARCEL N0.060-100-051 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 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 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 properly 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. Qn 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 Resolution of Necessity and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit B, and to the address appearing on said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. S. The hearing referenced in said Notice of Hearing was held on 24 Februa 2009 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. Pickens AP 060-100-051 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 ar 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 statemendsummary 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 fiu-ther 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 i.n 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 Pickens AP 060-100-051 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`~ day of February 2009, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: BRIAN C. HADDIX Chief Administrative Officer and Glerk of the Board of Supervisors By Clerk/Deputy Bill Connelly, Chair, Board of Supervisors County of Butte, State of California Pickens AP 060-100-451 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 9S9b5 Re: Notice to Appear and Be Heard, County Project Nv. CA PFH 1.71-1{1), Parcel No. 060-100-051 Honorable Board of Supervisors: The County of Butte has notified me and presented an offer to purchase a portion of my property to complete the Skyway FH-171 Highway Reconstruction project. I understand that due to requirements set forth by the State of California to enable the County to secure funding far 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 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, Brian and Julie Pickens 7014 Sutter Oak C t Sacramento, CA 95842 Pickens AP 060-100-OS1 Attachment 2