The URL can be used to link to this page

Home My WebLink About15-064 iii0450049,49r#%/4/4,04,, V3,li.iiioroi i(IV , , )07,„ 'fiat,i,p/ii7e1#41`1,01/fAltlifrof4P/;///44/7?,flit/hilli ,A1R7/1. ' 1111/41/0/10 i,/##,4 i i, (otli h ro, ,7 (, j , i 1144100,141141 410;f016,,t I fif 4°,,i,11411,L141'1101 ViVillitik,A1444114000114,40,011#10't'914144 lite,boit4r tormo ioomp,41,7,fi)litif if ,i, r6 it f)i''), 00 liM k YirliVriAlio ')///f (.6,,/%141,(A 4,11/411‘11,1410//pOlitiliy:f)if *I IfijA,N 11,01/470,41'4 ,!'Jki;,', 7f/P1' II/if/11)1 Pi'Ifillly,44/90 411/#71 414;,fii. r,dik Ai ,04111 lor 41,07 01 ',60,0N/;'Or Resolution No. 15-064 RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR THE LINCOLN BOULEVARD PEDESTRIAN SAFETY PROJECT, FEDERAL PROJECT NO. HSIPL 03-5912(087), ASSESSORS PARCEL Nth 035-213-023 WHEREAS,the California Constitution, the Eminent Domain Law (California Code of Civil Procedure §I230.010 et seq.), Government Code §25350.5, Streets and Highways Code §943 and Code of Civil Procedure §1240.410 (uneconomic remnant) authorize acquisition of property rights for public road purposes by eminent domain procedures; WHEREAS,the real property described here is required for the construction of pedestrian safety improvements along Lincoln Boulevard in Oroville,California as the Lincoln Boulevard Pedestrian Safety Project; WHEREAS, on April 17, 2015,the Department of Public Works mailed to each owner of real property described on Exhibits A and B (i)the Notice of Hearing regarding the Resolution of Necessity, informing them of this hearing of the Board of Supervisors to adopt a Resolution of Necessity to acquire real property by eminent domain, (ii)the Resolution of Necessity, and(iii) a letter for the real property owner to use to provide their request to appear and object to the Resolution of Necessity. The Notice of Hearing and attachments are incorporated herein by this reference. The 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. The Notice of Hearing advised the real property owners of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. WHEREAS, this Board of Supervisors finds and determines that notice of its intention to adopt this resolution of necessity was duly given as required by law, and on the date and at the time and placed fixed for hearing, this Board did hear and consider all of the evidence presented; NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of this Board of Supervisors under California Code of Civil Procedure §§1240.030 and 1245.030,that this Board of Supervisors finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. 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. 3. The property sought to be acquired, as described in Exhibit A and as shown in Exhibit B is necessary for the proposed project. 4. The offer required by §7267.2 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 property owner or owners of record, which offer and accompanying statement/summary were in the required form and contained all the factual disclosures provided by Government Code §7267.2(a). 5. 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. AND BE IT FURTHER RESOLVED, that the Butte County Counsel is authorized and directed 1. To commence and maintain a proceeding in and for the County of Butte to acquire for the County of Butte the fee simple interest in that certain real property by condemnation,more particularly designated and described as: SEE EXHIBITS A AND B ATTACHED 2. 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; BE IT FURTHER RESOLVED,that Butte County Counsel is hereby authorized and directed 1. To make application to the Court for an Order for Possession Before Judgment in these proceedings; and 2. 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 ANI ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 5th day of May, 2015, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None NOT VOTING: None Doug Teeter, Chair, Board of Supervisors County of Butte, State of California ATTEST: By: PAUL [JAHN, Chief Administrative Officer and Clerk of the Board of Supervisors EXHIBIT"A" Public Utility Easement All that certain real property situate in the incorporated area of the County of Butte, State of California,described as follows: All that portion of Lot 105 as shown on that certain map entitled, "Map of Paxton Subdivision", filed in the Office of the County Recorder of Butte County on April 4, 1923 in Book 8 of Maps, Page 50, being a 5.00 foot strip of land, the westerly line of said strip being more particularly described as follows: Commencing at a 2" iron pipe marking the southwest corner of Section 20,T. 19 N., R. 4 E., M.D.M.,as shown on the Parcel Map for Simco Lands, filed September 29, 1994 in Book 134 of Maps,at Pages 86 and 87; Thence, North 56°52'41" East, 2663.68 feet to the True Point of Beginning of this line, said point being on the southerly line of Lot 119 of said Paxton Subdivision and being 64.17 feet right of centerline station 219+44.12, as shown on that certain Right-of-Way map for Lincoln Boulevard, on file with the Butte County Department of Public Works as E-2823, from which point a bridge spike and shiner lying 74.39 feet left of station 218+01.03, bears South 47°09'07" West, 199.07 feet; Thence, North 43°49'42" West, 35.02 feet to the beginning of a non-tangent curve to the left, having a radius of 5239.00 feet and a radial bearing of North 88°00'29" West; Thence along the arc of said curve, through a central angle of 1°52'51", a distance of 171.97 feet; Thence, North 0°00'21" East, 129.09 feet to the beginning of a curve to the left, having a radius of 3240.00 feet; Thence along the arc of said curve,through a central angle of 4°34'56", a distance of 259.12 feet to a point on the easterly boundary line of Lincoln Boulevard and the beginning of a non-tangent curve to the left, having a radius of 5780.00 feet and radial bearing of North 86°43'44" East, said point being 38.99 feet right of station 225+23.94, from which a '/Z" rebar lying 46.14 feet right of station 228+37.28 bears North 5 °02'55"West, 314.95 feet; Thence along said easterly boundary line of Lincoln Boulevard and the arc of said curve, through a central angle 3°01'34", a distance of 305.27 feet to a point; Thence leaving said easterly boundary line of Lincoln Boulevard, North 36°28'53" East, 12.00 feet to the point on southerly boundary line of Grove Street as shown on said Paxton Subdivision PUE-24 APN 035-213-023 and the Point of Termination of this line, from which point a '/2" rebar lying 46.14 feet right of station 228+37.28,bears South 89°31'11"West, 9.40 feet. The sidelines of said strip shall be lengthened or shortened as to join the north and south Iines of said Lot 105. Containing: An area of 0.006 acres (250 square feet),more or less. The bearing of North 21°29'57" West, between found Butte County Standard Monuments as shown on said Right-of-Way map for Lincoln Boulevard, was taken as the basis of bearing for this description. END OF DESCRIPTION. ,. s, \4\ N., 73 No. 8096 • � Date: .. //9/1/4/ • William H.Bridgnell,LS 8096 �O LAND SG i / ' ‘..iii,//4/4":- 5 'PL 3`r,//," 9I•e' NB��OGI �o J j 73 No. 8096 17- * * * a>, ED. RAILROAD SPIKE FD. 1/2' REBAR �TF OF Cp,1.iF �� STA' 242+16.00 W/ DAMAGED TAG 4.18' L\ STA; 228+37,28 46,14' R - GROVE ST I) to ( I STA: 228+27.51 `--~ rU °' I I 47.26 R v `t• i 035-213-032-000 + ")ez. f M 8M50 o I r LOT 104 b a O r II ® AREA 250 SQ FC 0.006 AC IT!ltL N 5 ►+`•" �' 035-213-023-000 o C•:`i ro �' ►❖•, a COOPER JEFFREY L gr Of `' ,.+`+; 0.18 AC II VA C t ......,. ''+'•' 8M50 0 :Ito __5.00' A 0 �;+;•, LOT 105 w1) I -_ `' --- CV N --- 49 0 035-213-022-000 —� z re) 6M50 LOT 106 44*.'„STA: 225+23.94 38.99 R o FD. HARDHEAD NAIL o s, 1 04.24 `OQO+i!•!DO��: PUBLIC UTILITY EASEMENT 0 0.16' R ••••••••♦ + MONUMENT TIE un -------- PL PROPERTY LINE N EXISTING RIGHT OF WAY BCM BUTTE COUNTY BRASS CAP MONUMENT 35 FOUND MONUMENT AS NOTED 0 CALCULATED POINT (R) RECORDED MAP 8M50 DRAWN BY: AC DATE: 3-13-14 EXHIBIT 1(105:...17-cfrtrecto\ ° , ° wry LINCOLN BLVD.� - � CHECKED BY: SCALE: 1" = 20' 99 93 Vo - ° . ii g °1°f APPROVED: G4/• )p4,N0e--1— of APN: 035-213-023 �crc wow' DEPUTY COUNTY SURVEYORporSHEET 1 OF 1 i