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Home My WebLink About15-065 4,1114,4010,041,1 0)0,0v/0,,q10413/ohk,1 Ail(!i,it:.d',,iiyo,oze , r,,h; tio*,,f,i( 'it,4A)4`iiip,o'f40,4,iffir ;/"(lii A it,/ipi(,(JUIJ),irgiirl,40/;(7/iFfo,Ritif,ficti„.„q,/,/,',„,/1,;(',17/19iliv,iwir ,i, 6401,4 Oij HI 014(#01 11'1 104,pill , #0 le 000),'ii 4,1'4 101, NI V ,/.(1014,1 V 1,y1 cf,11(A Ilwo Lly'I,rii;1 41 b y(//Pimity i, NO ,114,10 loryik0011 ,r11:140/,,,,,ppki ii,fi,,ip,4',i H, i3O,,iii#,Ifcoel ill isitor11041, 111j,1410,fily, 1/1 S,,,J)11111ip ow,"0,1,00,A#'r,„do /Afki ow ,,,',,./,vt , Iv 1,1") il'OP';{ ),4 grilif4 4147,,IMI 41011101070,11111,0,04110,1011/40,49#00,00014000104 ft i 0 lift'/A v ot,i(010414 ,)ho,,,./0 fookillo vilfq 4)'f,,i',,'fv d'k ",ihlif 0, ,,,/)01,, si,/fr 1401 pi;$1:4 44414 ,,,01,,401/41'c 011,11)4,11101g,,V, 1'' N yt ylgo Jr/(' / 1'7,())11, qi;01 , ,,)aP hof09# ,,,./.7„,,, ,NL04.0t 0,i000,,,,41("),), id a itYlioh i(.)id,'i if,,,A,,/,t,'a',a;if'kid ril 9/i,' irll q.I//tkid A 11,if/6/6dut#1 iy/.fi rillkpli Yili illiihilk0/NRIA,Ia 403,peal*' ' Resolution No. 15-065 RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR THE LINCOLN 'OULEVARD 1 EDESTRIAN SAFETY PROJECT, FEDE " , L PROJECT NO. HSIPL 03-5912(087), ASSESSORS PARCEL NO. 035-222-046 WHEREAS, the California Constitution, the Eminent Domain Law(California Code of Civil Procedure §1230.010 et seq.), Government Code §25350.5, Streets and Highways Code §943 and Code of Civi 1 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 AND 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: / 1//' /// PAUL HHN, Chief Administrative Officer and Clerk of the Board of Supervisors EXHIBIT "A" 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 141 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, more particularly described as follows: BEGINNING at a point on the westerly line of said Lot I41, said point 39.79 feet right of centerline station 206+03.99, 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 Butte County Standard Monument with a brass cap 0.32 feet right of station 202+39.74, bears South 15°21'17" East, 366.36 feet; Thence North 68°21'24"East, 2.21 feet; Thence North 21°30'43" West, 62.60 feet to the North line of said Lot 141; Thence along said North Iine, South 89°31'11" West, 2.52 feet to the westerly boundary of said Lot 141, also being the easterly boundary line of Lincoln Boulevard; Thence along said easterly boundary line of Lincoln Boulevard, South 21038'36"East, 63.51 feet to the Point of Beginning. Containing: An area of 0.003 acres (144 square feet),more or less. The bearing of North 21°29'57" West, between found Butte County Standard Monuments was taken as the basis of bearing for this description. END OF DESCRIPTION. <p ,AND 8%'SU U��S\P� Yl. AL�o J No. 8096 R • ATF or cA�-�F�� Date: //:///_.. William H. Bridgnell, LS :096 PARCEL-4 APN 035-222-046 FD. S-17 W/BCM f STA: 210+40.90 0.66' R i 2.52' S89'31'11"W / `",• 035-222-046 �`' LOT 141 451.1c h N .0p '� r7 `~,` ' _II 04 CO ALI 3 J N ' z PARCEL-4 0 • A 144 SO FT m 2 0.003 AC P.O.B.ro 2.21' .. GN Tr 39.79' R N68'21'24"E --F o / 035-222-046 o / KLEINERT REX ETAL fie,/ 0.13 AC 8M50 ^a// LOT 141 Ni C,/ ,v FD. 5-17 w/aCM / �Q LAND SG STA: 202+33-74 035-222-021 ?� P� •IA 6R�o/52-• 0.32 R LOT 142 UAV \ O LEGEND: -a -4 m . No. 8096 '.;'`" "r'.''':•"' ` ACQUISITION PARCEL CS NE ____.T—__ --.... PL EXISTING R GIHT OF WAY -97&(, OF ca.\-' TIE DIMENSIONS ""'--.' BCM BRAS COUNTY BRASS CAP MONUMENT /' MI FOUND MONUMENT AS NOTED �, /f/ POB POINT OF BEGINNING / gM7"rr EXHIBIT urF°� DRAWN BY: AC DATE: 10-30--13 o i . oo CHECKED BY: SCALE: 1" - 20' LINCOLN BLVD )g 9 9 w:-,,,,° ��k° APPROVED: V or, of APN: 035-222-046 '4s«c wow DEPUTY COUNTY SURVEYOR SHEET 1 OF 1