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HomeMy WebLinkAbout19-236Resolution No. 19-236 IMPROVEMENT IN THE LAND CONSERVATION ACT (WILLIAMSON ACT) AGRICULTURAL PRESERVE WHEREAS, the Butte County Board of Supervisors have entered into a project agreement with Ca|CIEG and the Federal Emergency Management Agency to participate in the Public Assistance Program for the construction of the Lower Centerville Embankment Failure, Project; amd WHEREAS, the project agreement requires that the County of Butte acquire all right-of-way and easements necessary to construct the project; and WHEREAS, the County ofButte must complete all hgand easement acquisitions necessary todeliver the right-of-way certification to CalEOS; and WHEREAS, the parcebcontaining the property required for the Project are enrolled imthe Williamson Act ae agricultural preserves, the associated parcel mummbemsare &PNs.017-20O-067 and 017-20O�-868;and WHEREAS, Centerville Road currently exists on the parcels of which a portion of each is required for the Project; and WHEREAS, omAugust 13,2U19 the Butte County Board mfSupervisors approved eResolution mfNecessity im connection with potential eminent domaiin litigation for the Project; and WHEREAS, the Williamson Act requires the public agency to make certain findings in, connection with such acquisition prior to locating a public improvement within an agricultural preserve, NOW, THEREFORE, BE IT RESOLVED the Butte County Board of Supervisors makes the following findings: 1. The Board of Supervisors finds that the location of the public improvements in this case, the Lower Centerville Embankment Failure Project, isnot based primarily mmaconsideration ofthe lower cost ofacquiring land im an agricultural preserve. There is no other location vvhama the repairs to this road could be built, and the consideration of the cost of acquiring land in an agricultural preserve did not play a role imacquiring the land The Board finds that there is no other land within or outside of the agricultural preserve on which it is reasonably feasible to locate the public improvements. The, roadway repairs, must connect up to the currently existing Centerville Road, and they can only do so if they are located in the proposed location. PASSED AND ADOPTED by the Butte County Board of Supervisors this 27" day of August, 2019, by the following vote: AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert NOES: ABSENT: [NOIAMOU1,11 Steve Lambe 6,Chair Butte County Board of Supervisors ATTEST: Shari McCracken, Chief Administrative Officer and Clerk Of th_q-Doard of Supervisors - 01