HomeMy WebLinkAbout19-233WHEREAS, the California Constitution, the Eminent Domain Law (California Code of Civil Procedure §1230.010 et
seq.),Government Code G25358.5,Streets and Highways Code §843and Code ofCivil Procedure §124O,41O(uneconomic
remnant) authorize acquisition ofproperty rights for public road purposes byeminent domain procedures; and
WHEREAS, the real property described here is required for the construction and repair mfa storm -damaged
portion of Centerville Road in the unincorporated portion of the County of Butte near Chico, California, known as the
Lower Centerville Road Failure Project; and
WHEREAS, on July 19, 2019\ the Department of Public Works mailed to each owner of two separate parcels of
real property described on the four separate Exhibits A and B (a!nd as referenced above) (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, (h) the Resolution of Necessity, aind/hNaletter for the real property owner
touse toprovide 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 equailized County Assessment Roll as having an interest in the property described in the four separate Exhibit As, and
to the address appearing on said Roll. The Notice of Hearing advised the naa| 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 asrequired bylaw, and omthe date and at the time and placed fixed for hearing, this Board did
hear and consider all nfthe evidence presented.
NOW, THEREFOR;, BE IT RESOLVED by at least a two-thirds vote of this Board of Supervisors under California
Code of Civil Procedure §§1240J030 and 1345.030, that this Board of Supervisors finds and determines each of the
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.
The property sought to be acquired, as described in the four separate Exhibit As and as shown in the four
separate Exhibit Bs is necessary for the proposed project.
4. The offer required by §7267.2 of the Government Code, together with the accompanying statement of a�nid
summary of the basis for the amount established a:s just compensation, was made to the property owner or
owners of record, which offer and accompanying state mnemt/suinmnman/ were in the required form and
contained all the factual disclosures provided by Government Code §7267.2(a).
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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 THE FOUR SEPARATE 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; and
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 AMC ADOPTED by the Butte, County Board of Supervisors this 1P day of August, 2019, by the following
AYES: Supervisors Connelly, Lucero, Kirk, Teeter, and Chair Lambert
NOES:
ABSENT:
NOT VOTING:
Steve Lam e , Chair
Butte CoutyiBoard of Supervisors
ATTEST:
Shari McCracken, Chief Administrative Officer
and Cjp-Ekof tP&-Bfkard of Supervisors
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