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Home My WebLink About15-066 glifi I 101,44.4e ^, rv::,4 '1 kilaciiiditt'',('Y 1 41,r II,/i#/1''1 ilr'Ll''(/of qii,,ilk, ,/,1,3,7,/(4, ,,,/fi#/,17(,,,pi,i[ri,if,,,k,f070,,:t 7,,c,*.'iolfritiP07((viY/Aft, ,.,1 4,0p,„„Of I,,(di 0,; r 1,11f of/,11110, )',,1 0,,,m(,i, „,1a1/140,01flA ,0001,1 A ,f1;0 004 001 TAY 1 ,0„;,4P',4411110,,i''4, ,I,NI J/ ),PI)/0 ' I' P1/10010" ;4".,',,;`//`",) littiliii4,40 Jo itoi.1,1' ,I, I 1,1 il'o ,;,%,1111w,if irt("4,1,1 0 imp/VI 00 it 1, ,,10 4"mo 1 4,1 4 Itt to1110.p tp); ch,#pyliti, c',it/t,111110141 ,' 'III rPlefrOppirk"/400491,,Viiii,0010,49110,134100#011,1001111,1 0 'IV)), 4116(11,1/1 /i,)#)100:441,„ if',[0,4('(% figeopo ,i4 6,41,4,',",,,,,M,,,Ibq ,,,,,,/i;,:,41',thP,01141;4(rAN,,,',114 ',,,p,i'Si',,,,0 ly',()04'1,W.0,4',',f f,,'ori' ,1,,,A,/c1,11)/i il A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR THE LINCOLN BOULEVARD PEDESTRIAN SAFETY PROJECT, F|8D|8 ' 4|L PROJECT NO. H8IPK. 03-5912(087), ASSESSORS PARCEL NO. 035-222-040 WHEREAS, the California Constitution, the Eminent Domain Law(California Code of Civil Procedure §1230.010 et seq.), G*veronocnt[ode82535U.5, StrccisundBighv/uyeCnde8P43undCodcufCivil Procodun: Wl240.4lO (uneconomic remnant) authorize acquisition of property rights for public road purposes by eminent domain procedures; VY{IE0BAS, 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 1-learing 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 ofCivil Procedure 88\24O.O30and 1245.030, that this Board of Supervisors finds and determines each of the following: 1. The public interest and necessirequire the proposed pjed. 2. The proposed pjcu| is planned or located in the manner that will be most compatible with the greatest public good and the least private iju?y. 3. The property sought to be acquired, as described in Exhibit A and as shown in Exhibit B is necessary for the proposed pjeot. 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, Statof California, this 5th day of May, 2015, by the following vote: AYES: Supervisors Cmnu6ky, Wahl, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None NOT VOTING: None Doug Teetr, Chair, Board of Supervisor County of Butte, State of California ATTEST: y , By: �� -��/�~�-------- ----- PAUL HA6IN, Chief Administrative Officer and Clerk of the Board of Supervisors EXHIBIT"A" All that certain real property situate in an unincorporated area of the County of Butte, State of California,described as follows: All that portion of Lot 120 as shown on that certain map entitled, "Map of Paxton Subdivision", filed in the Office of the County Recorder, Butte County, on April 4, 1923 in Book 8 of Maps, Page 50, lying westerly and to the left of the following described line: 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 76°03'03" East,2261.50 feet to the True Point of Beginning of this line, said point being 38.87 feet right of centerline station 210+06.36, as shown on that certain Right-of- Way ight-ofWay 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 lying 0.66 feet right of station 210+40.90,bears North 69°23'33"West, 51.49 feet; Thence,North 89°31'03"East, 0.14 feet; Thence, North 21°30'43" West, 19.52 feet to the beginning of a curve to the right, having a radius of 613.50 feet; Thence along the arc of said curve, through a central angle of 29°02'55", a distance of 311.04 feet; Thence,North 07°32'12" East, 107.89 feet to the beginning of a curve to the Ieft, having a radius of 5239.00 feet; Thence along the arc of said curve, through a central angle of 04°27'35", a distance of 407.80 feet; Thence, North 45°49'28" East, 19.68 feet to a point on the north line of Lot 120 of said Paxton 'Subdivision and the Point of Termination of this line, from which a bridge spike and shiner, located 74.39 feet left of station 218+01.03, bears South 60°12'14"West, 151.44 feet. Containing: An area of 0.005 acres (229 square feet), more or less. PARCEL-19 APN 035-222-040 • 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. • O LAND S&� ‘4- 8% � G2 5 No. 8096 • • OF cikO*13 1/( -�� Date: ' /...� /.cam-- William H.Bridgnell, LS 8096 • • • • • is EXHIBIT "A" Public Utility Easement All that certain real property situate in the unincorporated area of the County of Butte, State of California, described as follows: All that portion of Lot 120 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: 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 76°03'03" East,2261.50 feet to a point being 38.87 feet right of centerline station 210+06.36, 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 lying 0.66 feet right of station 210+40.90, bears North 69°23'33" West, 51.49 feet; Thence,North 89°31'03" East, 0.14 feet; Thence, North 21°30'43" West, 19.52 feet to the beginning of a curve to the right, having a radius of 613.50 feet; Thence along the arc of said curve,through a central angle of 29°02'55", a distance of 311.04 feet; Thence,North 07°32'12" East, 107.89 feet to the beginning of a curve to the left, having a radius of 5239.00 feet; Thence along the arc of said curve, through a central angle of 4°03'25", a distance of 367.18 feet to the Point of Beginning, said point being on the southerly line of said Lot 120 and 39.00 feet right at station 218+33.55; Thence continuing along said curve,through a central angle of 0°23'56", a distance of 36.47 feet; Thence, North 45°49'28" East, 7.36 feet to the beginning of a non-tangent curve to the right having a radius of 5244.00 feet and a radial bearing of South 86°58'56"East; Thence along the arc of said curve, through a central angle of 0°27'15", a distance of 41.57 feet to the southerly line of said Lot 120; Thence along said southerly line of Lot 120, South 89°31'11" West, 5.01 feet to the Point of Beginning. PUE-12 APN 03 5-222-040 Containing: An area of 0.004 acres (195 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. �� LAND SU No. 8096 F Date: V/; William H. Bridgnell, LS 8 196 LEGEND �o LAND s� :,1 :., :,::i..;:'.r ACQUISITION PARCEL S� N. BR�0 111 DODO. Ate.❖4 PUBLIC UTILITY EASEMENT No. 8096 r- - * * ---------- EXISTING RIGHT OF WAY 0), �\T BCM BUTTE C BRASS COAPN MONUMENT 9r6 OF CP. ill FOUND MONUMENT AS NOTED / 2 ' FOB POINT OF BEGINNING zii‘iiii. , (R) RECORDED MAP 8M50 /AV/91 11 mac�� o N cp o� + A a, ,,J, MILL ST. FD.BRIDGE SPIKE :r moi'__ PARCEL--19 151.44-- ?: r� AND SHINER 12'1q"W ;.,.•s e;o:;::" co4?ryb AREA 229 SO FT STA: 218+01.03 560.12-‘4' 6Q t ii..,' >`t ,g,`x 0.005 AC OFFSET: 74.39 L - ' G' %- "!+ STA: 218+69.77 $4..• f - t • : 39.00 R %%% 035-222-040 viii STILWELL RONALD S o +i+.0 AND PATRICIA >. o '•'•'< 0.16 AC CO o •t PUE-12 8M50 --I +•40 AREA 195 SC?FT ••• 0.004 AC LOT 120 •• ••• ---J 1.40404 044 5.00' 4.4,44 M STA: 218+33.55 ''o co b ..._� • : 39.00 R o3 ,.�• o Io ^. 035-222-040 d I �n LOT 120 o e STA: 214+65.00 o FD.HARD HEAD NAIL OFFSET: 39.00 R c o --,STA: 215+04.24 0 0.16' R to �szrMeroT ( 0"„`,7' ,, �Tp DRAWN BY: AC DATE: 12-19-2013 EX- 131T o % e.....„,:,�° CHECKED BY: SCALE 1" = 20' LINCOLN BLVD. 9 3 9 9 0 Gc�7k Gi APPROVED: Cr� �'�e..wo¢'-5 DEPUTY COUNTY SURVEYOR por. of APN 035-222-040 SHEET 1 OF 1