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HomeMy WebLinkAbout64-085_.. ,. SHASTA UNION DRAINAGE ASSESSMENT DISTRICT RESOLUTION N0. 64-8 (1) Describing Proposed Improvements and Acquisitions for Proposed Shasta Union Drainage Assessment District (2) Declaring That Public Convenience and Necessity Require Said Improvements and Acquisitions; and (3) Setting Time and Place for a hearing Respecting the Fublic Convenience and Necessity for Said Improvements and Acquisitions. WHEREAS, on August 11, 1964, the County Surveyor-Director of Public TaVorks of this County presented to this Board a map of a proposed Bhasta,Union Drainage Assessment District and said map showed a boundary line enclosing an area in this County, and WHEREAS, on August 11, ].964, the said County Surveyor- Director of Publie Works also presented to this Board a written description of said boundary line shown on said map; and WHEREAS, on August 11, 1964, this Board adopted its Resolution No.~~-$3 and therein approved said map, said boundary line, and said written description of said boundary line and therein -1- granted the name Shasta Union Drainage Assessment District to the area in this County shown enclosed by said boundary line on said map, the same area being also the area in this County that is enclosed by said written description of said boundary line; and WI3EREAS, on August 11, 1964, the County purveyor-Director of Public Works of this County presented to this Board plans and specifications for certain work and improvements that this County proposes to do on public streets and easements within and adjacent to the area of said Shasta Union Drainage Assessment District; and WHEREAS, said plans show that the County of Butte must acquire certain rights of way, places and properties for building., using and operating said proposed work and improvements; and WHEREAS, on August 11 1964, this Board approved said plans and spec if ications by its Resolution No. 6~"$~ and WHEREAS, this Board desires to do said work and construct said improvements and to acquire said rights of way, places and properties under a lawful declaration that the public convenience and necessity require the same; and WHEREAS, this Board desires to assess all of the costs and expenses of said work, said improvements and said acquisitions on the District of lands mentioned hereinabove, to wit, said Shasta Union Drainage Assessment District. NOW THEREFORE RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE: -2- 1. That this Board hereby preliminarily determines that the public convenience and necessity require that the County of Butte do certain work and construct certain improvements that are shown and described in the plans and specifications for Shasta Union Drainage Assessment District that this Board approved in its Resolution No. 64-84 .and that the public convenience and necessity require that the County of Butte acquire the rights of way, places and properties that are shown on said plans for said Shasta Union Drainage Assessment District to be rights of way or places or properties where said work is proposed to be done and said improvements are proposed to be constructed. 2. That this Board hereby preliminarily determines to pay for the cost of all of said work, said improvements and said acqui- sitions and all expenses appertaining thereto, except for the sum of $15,000.00 thereof which the County of Butte will pay from its general funds, by levying special assessments on the lands situate within the boundaries of said Shasta Union Drainage Assessment District, saving and excepting therefrom the area of all public streets and the area of all highway or freeway rights of way now owned by the State of California and the area of all other property owned by the State of California at the time when said special assessments are levied and also hereby preliminarily determines to assess said costs in accordance wi"th the benefits that each non-excepted parcel of land in said district receives therefrom. 3. That the places where said work and improvements shall be done, the plan. sheet numbers of the plans referred to above which will show the work to be done at each place, a general description of the types of work shown in said plans, and the location of rights of way, places and properties proposed to be acquired are as follows: _3- i DRAINAGE CHANNELS Improve easements in the County of Butte described as follows: OtTTFALL A (PLAN SHEETS 30, 31 and 32) I Easements 50 feet in width the centerlines of which are stated below: (a) Beginning at a point on the Southwesterly boundary of Godman Avenue that lies Southeast, a distance of 25.0 feet from the most Northerly corner of Lot 6 of the Hobart Subdivision, as filed in Book 4, Page 24, in the office of the Recorder of the County of Butte; Thence South- westerly parallel to, and 25.00 feet therefrom, the North- west boundaryy, and extension thereof, of said Lot 6, a distance of 1765 feet more or less to the right-of-way line of the proposed Highway S9E Freeway; (b) Commencing at the most Southerly corner of Lot 9 of said Hobart Subdivision; Thence Northeasterly along the South- easterly boundary of said Lot 9, a distance of 25.00 feet; Thence Northwesterly parallel to, and. 25.00 feet therefrom the Southeasterly boundary of said Lot 9, a distance of 105 feet to the true point of beginning; Thence Northeasterly parallel to, and. 25,00 feet there- from, the Southeasterly boundary of said Lot 9, a distance of 200 feet; II An easement 45 feet in width the centerline of which is stated be 1 over: Commencing at the most Southerly corner of said Lot 9;- Thence Northeasterly along the Southeasterly boundary of said Lot 9, a distance of 225 feet; Thence South- easterly, perpendicular to said Southeasterly boundary =4- a distance of 22.5 feet to the true point of beginning; Thence Northeasterly parallel to, and 22.5 feet there- from, the Southeasterly boundary of said Lot 9 and the extension thereof a distance of 457.5 feet; Thence Southeasterly parallel to, and 22.5 feet therefrom, the Southwesterly boundaries of Lots 22, 21 and 20 of said Hobart Subdivision, a distance of 1935 feet; III An easement 25 feet in width the centerline of which is stated below: Beginning at a point on the Northeasterly boundary of Godman Avenue that lies Norfhwesterly, a distance of 12.5 feet Pram the most Southerly corner of said Lot 9; Thence Northeasterly parallel. to, and 12.5 feet there- from, the Southeasterly boundary of said Lat 9, a distance of 105 feet; OUTFACE C (PLAN SHEETS 3 TO 8 INCLUSIVE) I An easement 50 feet in width the centerline of which is stated below: Commencing at the most Easterly corner of that parcel of land described in deed, as filed in Boolc 1024, Page 230 in the office of the Recorder of the County of Butte; Thence Southeasterly along the Southwesterly line of Shasta Road, also known as U. S. Highway 99E, a distance of 25.00 feet to the true point of beginning: Thence South 52° 09' 10" 411est parallel to the South- easterly boundary of that parcel of land described in -5- deed, as filed in Book 1024, Page 230, in the office of the Recorder of the County of Butte, a distance of 2640 feet more or less to a point on the Northeasterly boundary of that parcel of land described. in deed., as filed in Book 460, Page 497, in the office of the Recorder of the County of Butte; II An easement 55 feet in width the centerline of which is stated below: Beginning at a point on the Northeasterly boundary of Bay Avenue that bears North 370 454 West, a distance of 633.5 feet from the most westerly corner of Lot 4 as delineated on that certain Map entitled "FIRST SUBDIVISION OF THE BAY TRACT", as filed in Volume 1, Page 42, in the office of the Recorder of the County of Butte; Thence North 53° lOT East, a distance of 630.5 feet; Thence South 37° 454 East, a distance of 490 feet; III Easements 60 feet in width the centerlines of which are stated. below: (a) Beginning; at a point on the Southwesterly 'boundaryy of the "SECOND SUBDIVISTON OF THE BAY TRACT", as filed. in Book 1, Page 18, in the office of the Recorder of the County of Butte, that bears South 37° 45' East, a dis- tance of 37.8 feet from the most Westerly corner of Lot 9 on said. map; Thence South 89° I54 West parallel to, and 30,00 feet therefrom, the South line of Section 8, Township 22 North, Range 1 East, M. D. B, & M, to a point 30.00 feet from the Easterly boundary of Lot B as same is designated and delineated on that certain map entitled "CHICO PRUNE ORCHARDS" as filed. in Book 7, Page 27, in the office of the Recorder of the County of Butte; Thence South Oo 1124 East parallel to, and. 30.00 therefrom, the Easterly boundary of Lot C, a distance of 2617 feet more or less to the Northeasterly boundary line of Be11 Road. ~~ -6w (b) Beginning at a point on the Southwesterly boundary of Bell Road. that bears North 370 311 West, a distance of 669.0 feet from the most Northerly corner of Lot 56 of the Bidwell 3rd Subdivision, as filed in Book 5, Page 8, in the office of the Recorder of the County of Butte; thence West parallel to, and. 30.00 feet therefrom, the Southerly boundary of Bell Road, a distance of 1510.00 feet; IV An easement 65 feet in width the centerline of which is stated below: Commencing at a point on. the Southwesterly boundary of Bell Road that bears North 37° 31' VJest, a distance of 659.0 feet from the most Northerly corner of Lot 56 of said. Bidwell 3rd Subdivision; Thence West parallel to, and 30.00 feet therefrom, the Southerly boundary of Bell Road, a distance of 1510.00 feet. to the true point of beginning; thence South ~l0 001 V1est a distance of 2137 feet more or less to the existing railroad trestle on the Southern Pacific Railroad; V Easements 60 feet in width being: {a) The NortherlT,1 60 feet of Lot 2 of said FIRST SUBDIVISION OF THE BAY TRACT; . (b) The Northerly 60 feet of Lots 8 and 9 of said SECOND SUBDIVISION OF THE BAY TRACT; OUTFACE ~' {PLAN SHEETS 7 AND 9 TO 11 INCLUSIVE) T Easements 45 feet in width the centerlines of which are stated. below: -7- (a) Commencing at the most Northerly corner of Lot No. 16 of said Evan's Tract; Thence South 37° 301 East along the Northeasterly boundary of said Lot 16, a distance of 352.50 feet; thence South 52° 301 Nlest a distance of 169 feet to the true point of beginning; Thence continuing South 52° 301 West, a distance of 49i feet to the Southwesterly '°oundary of said Lot No. 16; (b) Beginning at a point on the Northwesterly boundary of Lot No. 15 of said Evan's tract, which bears South 520 301 P~fest, a distance of 22.50 feet from the most Northerly corner of said Lot No. 15; thence South 370 301 East, parallel to the Northeasterly boundary of said Lot No. 15, a distance of 375 feet; II Easements 45 feet in width being: (a) The Northeasterly 45 feet of Lot No. 10 of said Evan's Tract; (b) The Northeasterly 45 feet of Lot No. 7 of said Evan's Tract; (c) The Northeasterly 45 feet and the Northwesterly 45 feet of Lot No. 2 of said Evan's Tract; (d) The Northwesterly 45 feet of Lot No. 3 of said Evan's Tract; (e) The Northwesterly 45 feet of Lot No. 4 of Evan's Tract; III An easement 50 feet in width the centerline of which is stated below: Beginning at a point on the North~resterly boundary of Lot No. 4 of said Evan's Tract, which bears North 52° 30° East, a distance of 25.00 feet from the most westerly corner of said Lot No. 4; thence North 370 45' ti~'est, parallel to the Northeasterly boundary of said FIRST SUBDIVISION 0~' THE BAY TRACT, to the Northwest boundary of that parcel of land described in Deed filed in Book 1288 of Official Records, at Page 545 in the office of The Recorder of the County of Butte; -8- OUTFACE H (PLAN SHEET 11) An easement 45 feet in width the centerline of which is stated below: Commencing at the most Easterly corner of Lot 8 of said Evan's Tract; Thence Northwesterly along the Northeasterly boundary line of said Lot 8, a distance of 231.21 feet; thence South~,vesterly parallel to the Southeasterly boun- dary line of said Lot 8, a distance of 271.00 feet to the true point of beginning; thence continuing Southwesterly parallel to the Southeasterly boundary line of said Lot~8 to the Southwesterly boundary of said Lot 8; f1T m1'IT h T 7 C ~ ~ ( PLAN SHEET 33) Easement s; 45 feet in width being: The Southwesterly 45 feet of Lots 4, 5, 12 and l3 of said Evan's Tract; 4 OUTFACE V {PLAN SHEET 32) T Easements 45 feet in ~ri.dth being: (a) The Southwesterly 45 feet of Lot 19 of Hobart Subdivision, as filed in Book 4, Page 24, in the office of the Recorder of the County of Butte; (b) The Southwesterly 45 feet of the Northwesterly 320 feet of Lot 18 of said Hobart Subdivision; _g_ II An easement 30 feet in width the centerline of which is stated below: Beginning at a point on the Southeasterly boundary of Lot 13 of said Hobart Subdivision that lies 15 feet Northeasterly from the most Southerly corner of said Lot 18; thence Northwesterly parallel to, and. 15,00 feet therefrom, the Southwesterly boundary of said. Lot 1B, a distance of 340 feet; B.y excavating and constructing thereon open drainage channels with all necessary appurtenances including fences and road crossing structures and by removing therefrom all surplus and refuse materials. That it is the intention of this Board to-order the County of Butte to acquire each of the easements above described and to acquire certain easements adjacent thereto for turn around areas and for clearance areas at locations that are shown on Plan Sheets 3 to 5 inclusive and 7 to 9 inclusive and 30 to 33 inclusive and this Board hereby declares that it deems each of said. easements to be necessary for constructing, using and. operating the public improvements above described. and this Board hereby gives notice that it intends to assess the cost of all said. easements and all incidental expenses of acquiring the same as a part of the incidental expenses. of the above described work and improvements, -10- ROADS AND PIPELINES Improve roads and easements in the County of Butte as follows: Highway 99E (North) from Lindo Channel to Shasta Avenue (Plan Sheets 16, 17, 19 and 20); Lassen Avenue from Highway 99E {North.) to the Southwesterly boundary-line of Almond Ranch Subdivision No, 4 (Plan Sheets 22 and 23 ); An easement 35 feet in width the centerline of which is described as beginning at a point on the Northeasterly boundary line of Lot 8 of Evan's Tract that lies Northwesterly along said boundary line a distance of 226.21 feet from the most easterly corner of said Lot 8; thence from said point of be inning South 52° 30' Vilest a distance of 271.00 feet (Plan Sheet 11~; An easement 35 feet in width the centerline of which is described as beginning at a point on the Northeasterly boundary line of Lot 16 of said Evan's Tract that lies Northwesterly along said line a distance of 312.5 feet more or less fram the most easterly corner of said Lot 16; thence from said point of beginning South 52° 30' West a distance of 169 feet along a line that is parallel to the southeasterly boundary line of the Northwesterly half of said Lot 16 and that is 17.5 feet Southeasterly from said southeastW erly boundary line (Plan Sheet 11 ).; An easement 15 feet in width the centerline of which is described as beginning at a point that lies North 36° 15' West a distance of 7.5 feet from the most northerly corner of Lot 5 of Reed Park, Subdivision Unit No, 1, the official map of which is filed for record in the office of the Recorder of the County of Butte in Book l8 of maps at Page 35, thence from said point of beginning South 52° 54' 40" West a distance of 1310 feet more or less to Lindo Channel (Plan Sheets 18 and 19); An easement 10 feet in width described as the Northwesterly 10 feet of Lots 1 and 3 of said Reed Park Subdivision Unit No. 1 (Plan Sheet 19); By constructing thereon the work shown on the numbered. plan sheet or sheets listed above with a named road or a described easement, -11- that is to say, one or more of the following improvements: clearing and grubbing, tree planting, concrete curb and gutter, drainage facilities including drainage pipe and all necessary appurtenances thereto, and the removal and disposal of all surplus materials. That it is the intention of this Board to order the County of Butte to acquire each of the easements above described and .this Board hereby declares that it deems each of said easements to be necessary for constructing, using and operating the public improve- ments above described and. this Board hereby gives notice that it intends to assess the cost of all said easements and all incidental expenses of acquiring the same as a part of the incidental expenses of the above described work and improvements. -12- 4. That this Board declares that depending on conditions encountered during the course of the construction of said improve- ments or depending on other facts including the recommendation of the County Surveyor-Director of Public Works, the work and improve- ments hereinabave described may be changed as to location, materials or any other construction detail or new work may be done on streets or easements in said district not now named hereinabove, but all said changes or additions shall be limited to the extent lawfully permitted in the Improvement Act of 1911, the Act under which this Board proposes to do said work and construct said improvements. That this Board declares that depending on conditions encountered during the course of the construction of said improve- ments or depending on other facts including the recommendation of the County Surveyor-Director of Public Works, the rights of way, places and properties above described may have added thereto new rights of way, places or properties that this Bcard may deem to be necessary to carry out the work and improvements above described and any changes thereto but that the cost amount for all such new rights of way, places and properties shall be limited to the extent lawfully permitted in the Improvement Act of 1911, the act under which this Board proposes to do said work and construct said improve- ments and the changes or additions thereto, if any, and to acquire said rights of way, places and properties and additions thereto, if any. 5. That this Board hereby preliminarily determines to do -13- the work, to construct the improvements and any changes thereto, and to acquire the rights of way, places and properties and any additions thereto all under proceedings that this Board shall conduct for the same under the Improvement Act of 1911 and this Board hereby preliminarily determines to undertake said proceedings under said Improvement Act of 1911 without complying with the provisions of the Special Assessment Investigation, himitation and Majority Protest Act of 1931. 6. That this Beard hereby sets Tuesday, September 1, 1964 at the hour of 1:30 o'clock P .M. at the meeting room of this. Board, to wit, at the Butte County Court House at Oroville, California as the time and the place for a public hearing whereat any person interested may appear and show cause why this Board should not find and determine that the public convenience and necessity require the County of Butte to do the work and construct the improvements and acquire the rights of way, places and properties hereinabove set forth all without complying with the provisions of the Special Assessment Investigation, Zimitation and Majority Protest Act of 1931. 7. That this Board hereby directs the Clerk of this Board to notify all interested persons of said hearing by doing all of the following {a} Publish a notice in the newspaper of general circulation known as the Chico Enterprise Record and publish said notice in two entire issues of said newspaper, one of which shall be published on one day and the other shall be -14- published on a day subsequent to the day the first notice is published and publish said notice for the first time at least ten (10) days before the date hereinabave set far said hearing; (b) Mail prepaid a notice to each owner of land within the proposed Shasta Union Drainage Assessment District whose name and address is shown an the equalized Assessment Roll of the County of Butte last prior to the date of this resolution and mail such a notice to the owner of any said land whose name and whose address the Clerk knows and mail such a notice to the owner of any said land whose land is assessed under the provisions of Section 14 Article XIII of the Constitution of California at the address for said owner shown on the Board roll last transmitted to the County Auditor prior to the date of this Resolution. 8. That the County Burveyor-Director of Public Works shall post notices on all open streets within the boundaries of the proposed Shasta Union Drainage Assessment District at not less than 300 feet in distance apart but not less than three (3) such notices on each said street and shall complete posting all said notices at least tan (10) days prior to the date set herein for said public hearing and said notices so posted shall be headed Notice of Improvement set in type not less than one inch in height. 9. That the notice herein ordered to be published, the notice herein ordered to be mailed and the notice herein ordered to be posted along the public streets shall state the following: -15- `T'hat this Board has passed this resolution and has preliminarily determined that the public convenience and necessity require that the County of Butte do certain work and construct certain improvements and acquire certain rights of way, places and properties under proceedings to be taken under the Improvement Act of 1911 without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 all for an assessment district to be known as Shasta Bnion Drainage Assess- went District. That plans and specifications showing the nature and extent of said work and improvements are on file in the office of the Clerk of this Board. That this resolution declares the location of all rights of way, places and properties proposed to be acquired for constructing, using or operating said work and improvements. That a public hearing will be held at the time and place stated herein whereat any interested person may file a written objection and spew cause therein why this Board should not find and determine that the public convenience and necessity require said -16- work and improvements and acquisitions without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. That all protests shall be in writing and shall state the name and address of the protestor. That the Clerk and the County Surveyor-Director of Public Works are hereby authorized to accomplish any notice herein directed in combination with an~r notice published, mailed or posted that is required under the Improvement Act of 1911. PASSED AND ADOPTED BY TBE BOARD OF SUPERVISORS OF TIDE COUNTY OF BUTTE, STATE OF CALIFORNIA, THIS l~t~ DAY OF AUGUST ~ 1964 by the following vote: CHAIRMAN McKILLOP AYES: SUPERVISORS STEINEGGER~ PRXDE, ALLDREDGE, and GILES. NOES: SUPERVISORS none ABSENT: SUPERVISORS none ATTET: rman o e r o upervzsors JESSIE ROGERS County Clerk and Ex Officio Clerk of the Board of Supervisors By --r v~,c e -17-