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HomeMy WebLinkAboutSutter Butte Flood Control Agency - Notification of Public Acquisition of Williamson Act Land - Feather River West Levee Project in Butte County A.DMkNk0I Nov 0 Sutter Butte Flood Control Agency A Partnership for Flood Safety NOTIFICATION OF PUBLIC ACQUISITION OF WILLIAMSON ACT LAND November 8, 2017 David Bunn, Dlirector Department of Conservation c/o Division of Land resource Protection 801 K Street, MS 114-15 Sacramento, CA 95814-8828 Subject: ' FEATHER RIVER WEST LEVEE PROJECT IN BUTTE COUNTY Dear Director Bunn, 1. What is the total number of acres of Williamson Act contracted land and/or agricultural preserve land being considered for acquisition? 14.28 acres. See Table 1, below, for a breakdown of the real property interests being acquired. Table 1' Assessor Parcel Size Proposed Fee Proposed Williamson Non- Parcel (Acres) Acquisition Easement Act Contract Contracted Number Acquisition (Acres) (Acres) APN 024-220-0118 310M 610 1.68 7,78 d 024-220-019 62.47 6.48 0 6.48 0 Total: J 372.47 12.58 1. 14.26 tJ 2. is the land considered prime or nonprime agricultural land according to Government Code § 51201(c)? The total number of acres of Williamson Act Prime being considered for acquisition is 14.28. The total number of acres of Williamson Act Nonprime being considered for acquisition is 0. See Table 2, below, for a breakdown of acreages by Assessor Parcel Number (APN). 1 Table 2 Assessor Parcel Number Williamson Act Prime Williamson Act Nonprime APN Acres Acres 024-220-018 7.78 0 024-220-019 6.48 0 Total: 14.26 0 3. What is the purpose of the acquisition? The Feather River West Levee suffered from a number of deficiencies, including (1) the west bank levee of the Feather River was vulnerable to through-seepage and under-seepage; (2) the levee did not currently provide either a 100-year or 200-year level of flood protection; (3) the levee had slope stability issues; (4) there were many encroachments into and on the levee; and (5) there was insufficient right of way to maintain the levee, In order to correct these deficiencies, the Agency rehabilitated approximately 41 miles of levee along the west bank of the Feather River, extending from Thermalito Afterbay to three miles upstream of the confluence of the Feather River with the Sutter Bypass. The project levee improvements include cutoff walls to mitigate through and under-seepage issues, some seepage berms, and some erosion repairs. The Agency's goals for the project were: (1) to obtain 100-year flood protection as defined by FEMA from the southern Project limit to Star Bend levee reaches; and (2) from Star Bend to Thermalito levee reaches, to obtain both a 100-year level of flood protection as defined by FEMA, and a 200-year level of flood protection as defined by the California Department of Water Resources ("DWR"). The levees from Star Bend to Thermalito provide flood protection to the urban communities within the Sutter Basin including Yuba City, Live Oak, Biggs, and Gridley. 4. Where is the land located? The properties to be acquired are located along the Feather River West Levee between Thermalito Afterbay and the area three miles upstream of the confluence of the Feather River with the Sutter Bypass. The subject property is located at 1331 Kirk Road, Gridley, CA 95948, Please see attached Exhibit A, Assessor's Parcel Map, and Exhibit B, Aerial Map. 2 5. What are the characteristics of the adjacent land? The adjacent land consists of agricultural preserve and the Feather River. The land in this area is generally zoned AG-40 or Agricultural with a 40-acre minimum parcel. Please see attached Exhibit A, Assessor's Parcel Map, and Exhibit B, Aerial Map. 6. Why was this land identified as necessary for the public improvement? The Feather River West Levee is adjacent to and on the property, and Agency is acquiring the land to make improvements to the levee. 7. How does this acquisition meet the findings required under Government Code § 51292(x) and 51292(b)? The Legislature has predetermined flood control works "to be compatible with or to enhance land within an agricultural preserve," and waived the formal findings requirements necessary to otherwise condemn land subject to a Williamson Act contract. (Gov. Code, § 51293(e)(1).) However, Agency responds as follows: • "The location is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve (§ 51292(a))." Cost was not a factor in the consideration of acquiring this property within an agricultural preserve. The acquisition is based on the location of the Feather River West Levee. + "If the land is agricultural land covered under a contract pursuant to this chapter for any public improvement, that there is no other land within or outside the preserve on which it is reasonably feasible to locate the public improvement(§51292(b))." There is no other land within or outside the preserve that is reasonably feasible to locate the public improvement. The property was selected due to the presence of the Feather River and existing levee. 8. Submit a vicinity map and a location map. Please see attached Exhibit A, Assessor's Parcel Map, and Exhibit C, Plat Map. 9. Submit a copy of the contract(s) covering the land. Please see the attached Exhibit D, Land Conservation Agreement. 3 10.Submit copies of a//related Environmental Impact Reviews pursuant to the CEQA process. The Final Feather River West Levee Project Environmental Impact Report is available at http://www.sutterbutteflood,o[g/downlioads/Documents- Environrnental/FRWLP Final-BIR Apr2013 Ptj.pdf 11.Submit copies of all related Eminent Domain (or in lieu of Eminent Domain) documents pursuant to Government Code § 51295. Please see attached Exhibit E, Written Final Offer. iSincerel 9 — m,U3 Michael Bessette Director of Engineering Enclosures cc: Butte County Board of Supervisors 25 County Center Dr, #205 Oroville, CA 95965 4 Exhibit A 927227.1 Q) fl'u cu CN ry Co to U,bi : 2640 _ J a b aaa u N cu 5", cb KIRK ROAD u' SUTTER BUTTE CANAL �� 7)CD Exhibit B 927227.1 J i i rl� Exhibit C 927227.1 PLAT TO ACCOMPANY SUTTER-BUI TE FLOOD CONTROL AGENCY DESCRIPTION PROPOSED ACQUISITION FOR JANUARY 7,2014 FEATHER RIVER WEST LEVEE PROJECT PAGE 1 OP'3 FARMLAND RESERVE, INC. - APN 024-220-018 & 019 COUNTY OF BUTTE STATE OF CADFORNIA BARROW, LEISHMAN & JOHL. 024-220-028 MATHEWS CONTRACTING CO., INC. -P.O.B. 024-220-017 V. SSJDD PER 1067 O.R. 353 ,p ;• (PARCEL 8) 4 SSJDD PER SCAT.E: 1"=600' 2 qt 1493 O.R. 82 =J ® SSJDD PER FARMLAND RESERVE, INC. Zr ® 1067 O.R. 353 " ' 024-220-018 & 019 ® cm (PARCEL A)cy Ix ® SSJDD PER FARMLAND RESERVE, INC. 1493 O.R. 82 h 024-220-018 & 019 4 LEGEND '10LEVEE a � FEE AREA = 12.58± ACRES EASEMENT 15' . 10 WIDE LEVEE ESMT 20' ` WATERSIDE TOE 1 AREA = 1.03± ACRES LANDSIDE TOE- OF LEVEE ® ACCESS EASEMENT OF LEVEE , AREA = 1.87± ACRES OVERALL FEE AREA ; ® UTILITY EASEMENTy AREA = 0.65± ACRES SSJDD PER DOC. #1999-15596 TEMPORARY CONSTRUCTION ESMT (PARCELS A & 8) S AREA = 459± SQ.FT-. I CITY OF GRID EY ` d SG,P 024-130-048 & 049 , 40 EXP.09-3 (p No.6815 �- 9 OF CAS-��r0� WOOD -R©OMORSi DEVELOPING INNOVATIVE DE5113N S13LUTIONS 3301 C ST, BLDG. 100-B TEL 916.341-7760 SACRAMENTO, CA 95816 FAX 916.341-77157 PLAT TO ACCOMPANY SUTTER-BUTTE FLOOD CONTROL AGENCY DESCRIPTION PROPOSED ACQUISITION FOR JANUARY 7,2014 FEATHER RIVER WEST LEVEE PROJECT PAGE 2 OF 3 FARMLAND RESERVE, INC. -APN 024-220-018 & 019 COUNTY OF BUTTE STATE OF CALIFORNIA BARROW, LEISHMAN & J®HL \\\\ 024-220-028 MATHEWS ` C®U�ITRAC�'I[�G CO., INC. T2 ` �\`\ �� P.O.B.\. 024-220-017 T3 S2TO8'45"E 128.42' i ! - S26'59'35"E 160.54' t,cp -- SSJDD PER 1067 O.R. 353 (PARCEL 8) S29'20'41"E 313.95' 0 SSJDD PER 1067 O.R. 353 (PARCEL A) Z ® 527'39'15"E286.66' FARMLAND RESERVE, INC. 12' ACCESS ESMT 024--220-018 & 019 e� o o r rLo CIA 00, ' (TYPICAL) S38'50'17"E 295.95' ® � ` 553'02'20"E 139.05' ® 15' UTILITY ESM T , \i� S6625'07"E 169.52' (TYPICAL) . S50'58'50'E 170.31' N38'43'23'W 155.91, 10' LEVEE EASEMENT SSJDD PER 1493 O.R. 82 N44'45'33"W 266.23' �' S63'47'33"E 173.53' LANDSIDE TOE OF LEVEE TCE (20'±x 23'±) N63'40'44"W 176.82'210' � ~Fr r ° :. • WATERSIDE TOE— N6938'06"W 317.56' "'. T5 \ ' OF LEVEE V., T6 15' OVERALL FEE AREA . N68'53'24"W 107.87' ` - N69'14'51"W 163.63' N61'26'54"W 207.37' `': 4j 0 SSJDD PER 1493 O.R. 82 aq FARMLAND RESERVE. INC, SCALE: 1"=300' 024-220-018 & 019 Uj LINE TABLE THIS PAGE ONLY # BEARING DISTANCE T1 N48'05'39"E 113.82' T2 N47'40'39"E 24.14' T3 N27.1013V'E 17.39' Wppp ,R©�GERS T4 S75'S7'38'E 133.27' q VI"LOPING INNOVATEVE CERPs 50LUTIpNS T5 $64'14'24"E 82.81' 3301 C St, Bldg, 100-6 Tel 916.341 .7760 T6 S60'09'07"E 235.45' Sacramento, CA 95816 Fax 916.341 .7767 PLAT TO ACCOMPANY SUTTER-BUTTE FLOOD CONTROL AGENCY DESCRIPTION PROPOSED ACQUISITION FOR JANUARY 7,2014 FEATHER RIVER WEST LEVEE PROJECT PAGE 3 OF 3 FARMLAND RESERVE, INC. - APN 024-220-018 & 019 SEE PAGE 2 COUNTY OF BUTTE STATE OFCALIFORNIA S60-09'07"E 235.45' .A. ' .,� S68`33'04"E 147.52' 1 v\ SSJDD PER 1493 O.R. 82 N61'26'54'W 207.37' ' 567'49'54"E 222.62' SSJDD PER 1493 O.R. 82 563'51'16"E 81.89' �� N66'32'37"W 16.62' S53'20'51"E 67.45' 2 i. ' ,� N7242'54'W 85.58' SSJDD PER 1067 O.R. 353 � . N68'43'00"W 104.98' ' �, (PARCEL B) N59'05'30'W 116.98' S48'52'30"E 183.20' N48'20'09"W 138.76' > ;j N31'34'02"W 28.23' i,"' S41'54'44"E 175.34' Z N34'16'30"W 53.34' N44'07'29"W 58.64' S2329'1 5!'E 82.65' L O N26'13'49"W 66.92' N12'24'17"W 65.49' S03'07'41"E 215.93' W 00 N05'16'1 6!'W 77.62' WIX O N09'09'48"W 68.91' �t 12' ACCESS ESMT I O FARMLAND RESERVE, INC. NO3'32'44"E 85.81' aI (TYPICAL) Z N 024-228-018 & 019 N 10'46'15"E 64.58' SO4'26'37"W 297.65' T � G N07'17'31"E 179.02' S 13'53'18"E 36.32' 10' LEVEE EASEMENT S 19.24'40"E 186.43' N 16'25'55"W 201.29' WATERSIDE TOE OF LEVEE SSJDD PER 1067 O.R. 353 (PARCEL A) 15' LANDSIDE TOE OF LEVEE S2347'51"E 211.91' 20' N29'21'50'W 209,06' ����. ' 521'17 00 E OVERALL FEE AREA 242.92' N22'15'44"W 272.20' 512'20'11E SSJDD PER DOC. 1999-15596 3 118.69' 1 (PARCELS A & 8) 501'05'01"E N09'49'24'W 82.61' 1.57' CITY OF 024-1130-043 & 049 l ` 124.60' SCALE: 1"=300' L, DDD f�O DG I R S D VELOPING INNOVATIVE DESIGN S LLfTIONS 3301 C St, Bidg. 100-B Tel 916.341.7760 Sacramento, CA 95816 Fax 916.341,7767 Exhibit D 927227.1 189-04830 v� 89•-004830 ; Rea Fee '00 I Total .00 Recorded l Official Racards I County of I Butte L Candaoe J. Grubbs I Recorder 8s02am 14-Fob-89 1 51 $ Id1N]} CON6.&A ATION AORMMT MS ACRUMT, made and entered into on the Oates out Torth below by and bolmsen QMMKT.XM OF 2M MMMINBIM Pam-OF MM CFW6T OF LAZ'1M-DAY ,AIM'S, A Utah Cbsparaticn Sole, hereinafter referred to as 410Mero, and the Raunty of Eutte, is political eubdivieion of the State of GaU:rornia, hereinafter rero=cd to as 1 Oomtyl1. f 9P129EB lLff i s l VIZU" � 1 , Oansr poaseesan certain real, property 8exoinafter described { loosted irithia Oaunty; and 1 S fYllM19A8, 6*0 proper* to devoted to agriaul.tural uses;, and Rii'pRM, said property Is located within the AMOULTURU VAWMVE NO. 5 _ _ horetofore eotrabliahed by Oouaty; and WUMM, bath Omer enQ Oountl" desire to Ludt the use at said property to agrl.oultural, related and compatible ass$ in order to preserve * a maximum amount of agdoul.tural, land, to conserve the atatevs economic resources, to maintain the agrioultux4a socomVt and asstixe a food vuppl,,p fair fwture residents, to disacurage premature and wnecasaaZ7 oaavexeion of agrioultural land to urban usse, reaognixing that cuob land bas publi,a value as open alpaae and eanati,ttten sap.important pbpiaal, social, esthetic and eaanomic asset to the Clausxty; and WHnue, the placement of eeid property in an agricultural preserve and the execution and approval of this Agreement ig a determination that the 1 bigheat and beat use of said property during the torus of tris Agreemout at ' any renewal thereof is far agrimatural uses; EO?!, THMMAE, troth Owner and County in oon"claratl= of the mutual ' Promisee, covenants and eonditione herein coataiAed slid the substantial public benefits to be derived therefrom, do hereby agree sa follownt 8S~O48�o FIRST: This Agreement is made and entered into pureusht to the California Land Conservation Act of 1965 am amended (Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Cade of OaUforaia onmaenoUg wit)L Section 51200} including Artiole 3 of gadd Act entitled "Contracts". 3 SSCMDt During the term of this Agreement, or any renewal thervot, the said property shall not be used for any purpose other than aglioultural uses for i producing agricultural eammoditivo for commercial purposes, uses related to ,such f purposes and tunes compatible for such purposes, which uses are est forth in Rrhibit � { "A" attached kexato and inacrporated herein by reierence. TMEM The Hoard of Supervisors of County may from time to time and during the term of the Agreement or meq extensions thereof, by resolution add to those oompatible•uses authorimed in the resolution establishing.the preserve within s which the Rand is located, provided, however, said Board shall not eliminate, without tpe wx'i-ttten ooneent of Diner, a compatible use during the term of this Agreement or any renewals thereof. The provisions of this Agreement and any resolution supplementing the usaa listed In Exhibit W is not intended to limit r or superceds the planning azid soning powers of the County. ' ICURTHI In the event au or a part of the land subject to this Agreeaent is taken in an action in eminent domain or is ecquired In lien of ominiant domain I for a public improvement, this Agreement shall be null and void for the sand ov ' interest in the land actually taken but shall remain in full force and effect as to the remainder 4f the land or interest in the lend not so taken or acquired. The date on action in eminsat domain in filed shall be the date this Agreement is deemed null and void as to easy land or interest in land subject to the Agreement wbich is taken by sainent domain. VXM: This Agreement shall be effective as of the day and year first above written said shall. remain in effect for a period of ten (1D) years tfierefrom. This Agreement shall be automatically renewed on the firot day of January of each year for a period often (10) years front the data of 1&141 renewal, vsleas notice of non renewal is gtvexn as provided in Section 51245 or the Government (lode of Coli foxt7i,a. 2. E,MUs The Owner undermtands that he is riot entitled to any public Xunft by reason of the execution of this Agreomant or any renewal thereof although the use tbersol is limited as aforsomM SEMM19 Mhim Agreement may only be eeneGlIed if, upon petititm by Omar, the Beard Of 9gpervieoxs of CouhtY•r under the provision of Government We Section 51282, tinder (a) that naneeUatlan is not consistent rrd.th the purposes of the 3'.and. Conservation Act of 1955, and (b) that canceUstion Is in the publio interest. Upo►t oanoellation, 0rroer shell pay to 0024ti a aanee].lation tae detesmdmed and eartitied by the Board pf 8uperldnars oX 00=ty in accardaoos i, With 'the graviaiatts of 80varr®ent Cade 8eati012 51283. Said onanelleticn Tae May � i not be waived except as pravided in Ravernment Code Section 512ag aqd shall be a lien upon the property described, herein %=til paid. GLOM Ormer tsgrees, dvring the toren of this Agreement, to provide 00ugty, upon written request with information relative to the imoome, and esps=gs derived trdn and inaurrea in tomaeotion with. the use of the land subject to the Agreeraaat for sgri,euLture and related and compatible 'nags. MEM The Omer spans that he, hie sucoasnors and assigns skW x,ot s I divide by sale ar gilt the property whish is the anbjeet of this Agreement into a parcel wider separate axaerehip having lest than ---„ak-j&0 acres. MTD: 'plain Agreement abrll run.dth the land dasorlbed herein arsd shah be binding span the hair*, sueoaesors anal snips of the owner and Qomty, 1ffo-8'id %'Ht In the event of torted sale at leads subject hereto top the � settlement of a tax lien, tbia Agreement is null and void as to such Land actually gold for that purpose. No parmlty as provided for in 7Punpagb•seven (7) shall i be obarged for a this paragraph. MMMUr Male Agreement shall be oaneelled vrdthout regnLauts or public hearing it it In replaced, by any other entorceable restriotiole authorized by Article XWII of the 1Ua3.1f=i0i Cauetitution or whenever there is no operative legislation implementing said Article with raepeot to assesss n% praatioan. 5• , TEXRTMOD Me property of the Owner hexaLbaboVe xeterred to end to vh1oh the pxovieione of the Agreement apply is situated It the 9oun•ttiy of Butte, i Mate of OAifornia and is particularly described an tallows: SSE META' "B" ATTAMW III M AND RM A PART IOMP. l + + t 46 -� 89-04630 Ili lITNA05 VWVFj, ThQ Owner end Oountq nave exemited this Agreement the day and year sbaye written. COUNTY 0 BY MIRER of tho ro f Sup sore JAN 3 11960 • A'fT�87ia I • WTIN J. NICHOLS, chief Admirni.strative Officer and Clark of the Hoard z>eputy aterk i ' I CMMMM M M THE PRFs]to=s1suop OF THE CHURCH CE OESUS Cti[m OF' XaTm•-DAY shUM, a Utahawegatwn sole Date of&eoutioxx r i X 1+aarwd�� /fee B1t Bate of 1b[eoation R=MRD C. ' .dtA1P1l /rJ1jp "�1, V:.,U f''., nctoitla A %ie OF On thug Clay of DKOYber, 1988, Permnally appeged before me Richard C. WNW, Personally knaan to me to be the Authorized Agent aY the 10tte�Saaints, who a dm wlOf the �edged to meathatQhp-sig of ,Teens eest of � ig+ted the foregoing. instxarment as Authorized Agent far the Oocpornticn of the Presiding Bishop of the church of Jews awlst of batter-asy saints, a Utah Corporation Sole, end the said Richard C. Edgley aAkrw v to me that the said Oorporatian eKwuted the Sam. My ccrtmission expires; L' Notary a %n and fcr the MAte of Utah s. e � } E e AGENCY,.RR EM019AI6MD Qx4A CifiCod Seo3ap 3X911 1 STATE OF CAIUORarh} ) ea. COUNTY Or BUTT£ } On this 31st day of dauuary, 1989, before me personally appeared Aon Fulton, personally know to sae to be the person vho executed this irstrument as Chairman of the Butte County board of 8vpervieors and acknowledged to me that the Board of Supervisors executed it. . — ZP09l_L- Carol Roach, Notary =OF" SOM"IOACIO Hl1yunrr M 7,102 IMIIID'IA" PERt6ITTF.�1 llGSS. 1. Single family dwelling as provided in 4.11 C-2, or 0-3 above, provided, however, that variencem may be recommended by the committee to the :Board of 8uporvieors in cases oi' hardship. 2. General farming, hoxti.aulturer aomMeroial liveotook, oommareial poultry produotion, warehousing and storage. 3. Accessory buildings end uses pertinent to the permitted uses including { agricultural procegaing plains. 4. gouging tAcilities (including trmi,l.era) to accommodate only agricultural employees end their Tamilie4 employed by the owner or operator of the premi,eea and provided further that 40011 bcueing faoilities shall be t oonsiderad acaeasory to the main building. 5. A stand or a display for mals of a6rioultuta7. o0 modities produced on the premises. Sales of products pxoduoed of the promises provided that the sale of such products is incidental end aeccudary to the sales of agricultural products produced and the pramimes, 5. aompatible usest i e. The dri.11 aag for hydrocerborl, includit,g the: installation and use of ` ' such equipment, stmtuaree and facili6iee as are necessary or oanvegtex,t. b. Fublio utility and public services, including atruotures, uses cud ! building. a. Airport or aizvreft landing facilities. d. Harm labor aaVa. e. ADI other use: determined to be a compatible use iu all agrlcultuarol preserves by the Hoard of Supervisors after publio bearing on•teb.(10) days published notice sad such other notioe it eny as they may spgoIty. And after, such use be deemed a oomps4ble uae in my agri,oul.tural preaerw4. 7. Other uses; a. Sand sad gravel ope3mtion subject to the esouxtog of a use permit approved by the acmaty. b. Mines, mineral extraction, and quarries in 4gri.oultural Preserve !dumber Ire, and 9. ti N4�pp;;r•.. EXHIBIT 11E1' Commencing at the southwest corner of Sectio: 4, Township 17 North, Range 3 Zest, M.D.M., and running thence Northerly along the Section line between Sections 4 and 5 in said ToWnship and Range, 20 chains to a stake; thence Easterly running 15 feet South of a large oak tree standing East of stable and about Sao feet East of said stable to a stake in ditch; thence Northeasterly along line of said ditch to bank of Feather Rivetr; thence in a general Southeasterly direction, down the hank of said river following I the meanderings thereof, to where said river intersects the South line of Section 3 in said Township and Range; thence Westerly along the south line of Sections 3 and 4 in said Township and Range to the Southwest corner of said Section 4 and the place of beginning. EXCEPTING THEREFROM any portion of the above described property lying Easterly of the Sasterly boundary line of the Bog& Rancho. A portion of the Southwest quarter of Section 4, Township 17 North, Range 3 East, M.D.O. & M., commencing at the quarter section corner between Sections 4 and 5, in the paid Township and Range aforesaid, and running ' thence south on the seotion line between said sections, 20 chains to the quarter section corner; thence South 866 354 sett 12.84 Chains to an old s post in a slough, whence an old oak gree bears North 650 west 27 links distant; thence North 480 301 East 31..40 chains to a post on the East and West centerline of Section 41 thence West on said centarlins of Section 4, { 36.30 chains to the place of beginning. i ! 12ARCEL A- A parcel of land in the Southwest corner of Section 3, Township 17 North, Range 3 East, Mount biablo Base and Meridian, described as follows: Beginning at a point on the seuth line oP said Section 3, a distance of 1243 feet Bast of the Southwest corner of said Section, said point being on the East bank of the East Channel of Feather River, thence along th 4 said bank, North 33° 45' East 175 feet; North 420 30t East 190 feet; North �. 96 15' East 220 feet; thence leaving said bank and running East 480 feet to the West bank of the East channel of Feather River; thane: along said bank, South 25" 001 West 499.3 feat to the said South line of said Section 3; thence West along said line $10 feat to the point of beginning. Pax�o. 1 of the THRESHER F, NDs, according to that certain trap entitled, "Map of the Thresher bands, surveyed by M.C. Polk, Nov, 191311, which trap was filad in the office of the Recorder of the County of Butte, State of California, February 3, 1914 in Map Hook 7 page 28, i s • PENDflfi DOCUMENT Exhibit E 927227.1 BENDER44001 Auburn Boutevar4,Suite 102 � . Sacrainpntow CA 95941 .t=... main 9M979.4900 a fav 916.976.4904 ROSENTHAL, INC. v+rww'.ban4ellosenthal.coin COMMERCIAL VALUAT'I'ON AND RIGHT OF WAY SERVNCES ,lune 9, 2414 Farmland Reserve Inc. 60 E. North Temple 225 Salt Lake City,UIT 84150 Re: Feather River West Levee.Project Offer to Purchase(Government Code § 72671) Asst ssaar`s Parcel leo, 02.4-220-418 & 024-220-019 Dear Mr. Strong: Time Sutter Butte Flood Control Agency (SBFCA) is proceeding with time Feather River West Levee Project ("Project"). A portion of your property located at 1331 Kirk Road, Gridley, CA 95917 is required' for that Project, SBFCA has retained Sender Rosenthal, Inc. to value the necessary real property interests. Accordingly, SBFCA hereby makes an Gaffer in the amount of 182,300.00, to acquire 12,58 acres in Fee, 1.03± acres of Permanent Easement, 0.65± acres of Perrnaament Utility Easement and 0.0105±acres in Temporary Construction Easement., which are required for the Project.. Enclosed for your review, and approval are the following: I. Surnmary Statement Relating to Purchase of Real Property or aam Interest Therein, with attached plat map showing the areas and rights to be acquired; 2. Statementand Summary of Basis for Appraisal; 3. Signing Instructions for Owner; 4. Agreement For Purchase and Sale of Real Property, in duplicate; . Grant Deed 6, Utility Easement ;Deed T Easement Deed 8. Temporary Construction Easement Deed.. 9. Escrow Instructions 10. W9s 14. Preliminary Title Report 12. Acquisition Brochure If you find the offer acceptable, please sign the documents, as stated in tlae Signing Instructions, and return time documents to me in the self addressed, stamped envelope provided. Copies of the documents are enclosed for your files. If you have any comments or items of specific concern you would like to discuss, please call nme at (916) 978-4900, Farmland Reserve June 9,2014' Page 2 Your cooperation in this matter will be greatly appreciated and I look forward to working with you. Sin e, cI a] it of Way Agent Enclosures BENDER ROSENTHAL, INC. SUTTER BUTTE FLOOD CONTROL AGENCY SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Title 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Sutter Butte Flood Control Agency (SBFCA) purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein,as well as the following information: I. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession, 1 SBFCA will offer to purchase any remnants considered by the SBFCA to be uneconomic units which are owned by you or, if applicable,occupied by you as a tenant and which are contiguous to the land being conveyed. 1 All buildings, structures, and other improvements affixed to the land described in the referenced documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest to be acquired is 12.5$± acres in Fee, 1.03± acres of Permanent Easement, 0.65± acres of Permanent Utility Easement and 0.0105±acres in Temporary Consmiction Easement and is depicted on the attached plat maps. 4. The fair market value of the property being purchased is based upon an appraisal which is summarized in the enclosed Statement and Summary of Basis for Appraisal; and a. Represents the full amount of t13e appraisal of just compensation for the real property interest to be purchased. b. Is not less than the approved appraisal of the fair market value of the property; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such. public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner may be entitled to rucive under agreement with the SBFCA. 5. Pursuant to California Code of Civil Procedure Section 1263,025 should you elect to obtain an independent appraisal,SBFCA will pay for the actual reasonable costs up to x+5.000 for an owner obtained appraisal. a. You, not SBFCA, must order the appraisal. Should you enter into a contract with the selected appraiser. SBFCA will not be a party to the contract. b. The selected appraiser must he licensed with the Office of Real Estate Appraisers(OREA). C. Appraisal cost reimbursement requests must be made in writing. and submitted it)Bendt;r Rosenthal. Inc., 4400 Auburn Blvd, Suite #102, Sacramento, CA 95$41. A copy of the appraiser's invoice for the completed work must be provided to SBFCA concurrent with the submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable. {,. Tile owner of a business conducted on a properly to be acquired, or conducted on the remanning property which will lie affected by the purchase of the required property, may he entitled to c:umpenstrtion for the loss c)l' goodwill. Entitlement is contingent upon the business owner's ability to prove such loss in accordance with the provisions of Sections 1203.510 and 1263.520 of the Code of Civil Procedure. 7. Il'you ultimately elect to reject the offer,you are entitled to have the amount of compensation detennined by a court of law in accordance with the laws of the State of California. APN: 024.220-018 and 024.220-019 PI_Al'.1.O ACCOTVIPANY SU"1'1'FR-BtJ'J"I"L 11,00D CONTROL AGLN(:Y T)1aSCRI11"I'10N PROPOSED ACQUTSII-TON FOR iA1\"tIARY 7, 20-14 Irl=��'T' 1rTt RTVIF:�R WEST' LEVET PROJI-70- PAGE, 1 OF 3 FARN41.,ANL7 RESERVFL, INC. - APN 024-220-018 & 019 CO UNITY U1'13E.>TTE STATE OF CA1 IFORN-1A 024-220-028 MATHEWS CONTRACTING CO., We. P.C.B. 0244-220-017 SSJDD PER 1067 O.R. 353 (PARCEL B) z SSJDD PER SC,.AL[-_.: 1"=600' 1453 O.R. 82 SSJDD PER " ---1 FARMLAND RESERVE, INC. W m 1067 C.R. 353- _ 024--220--018 & 019 (PARCEL A) ` . . SSJDD PER FARMLAND RESERVE, INC. SE's V`�"` 1493 O.R. 82 024--220-018 & 019 F � LEGEND 10' LEVEE FEC AREA = 12.580; ACRES EASEMENT --•- 15' ` 10' WIDC LEVEE CSMT 20, WATERSIDE TOE) AREA = 1.03i ACRES LA14DSIDE TOE - OF LEVEE ACCESS EASEMENT OF LEVEE OVERALL FEC AREA AREA = 1.870= ACRES UTILIYY EASEMENT- SSJDD PER DOC. - AREA w 0.65± ACRES #1999- 15596 TEMPORARY CONSTRUCTION ESIAT (PARCELS A & B) AREA A•53J; SOFT. � I� rt GHTY O1 EXP,W3 4A No.6616 OF c OEV[LOPING INNOVATIVE DESIGN SOLUVOWS % ,S(~ 33"'01 CST. BLLIC,. 100.6 TLL 416.341.776f.! 6ACPAt"e r'T p, CA 956 1 6 rAx 9 1 6.34 1-7767 PI_t1T,ro.ACCOMPA NY SUTTER-BUTTE FLOOD CONTROL AGENCY I)ESCRIP'llON PROPOSED ACQUISITION FOR JANUA1t)';,2014 FEATHER RI\r1--R WEST LE REH PROJECT PAGE 2 OF 3 FARMLAND RESER\7E, INC. - APN 024-220-018 & 019 C A N'I V ur BU'I YE STATI,'OF CAI,IrORNIA BARROW, LEISHMAN & JOHL 024-220-028 T1 \� — MATHEWS CONTRACTNG GO., INC. T2 \\\` !,P.O.B.\. \ 024220-017 T3 !N, '� 527'08'45E 128.42' %V. `��.------�: S26'59'35'E 160.54' Z `a SSJDD PER 1067 Q.R. 353 (PARCEL B) S29'20'41"E 313.95' SSJDD PER 1067 O.R. 353 (PARCEL A) Z +` W S2739'15"E 286'66' FARMLAND RESERVE, INC. .v 12 ACCESS ESMT 024220-018 & 019 oa AV (TYPICAL) S38'50'17"E 295.95' Ck \` S5 Y02'2Y'E 139.05' 0 15' UTILITY ESMT �•��' � �. S66'25.07"E 169.52' Ix (TYPICAL) S50`58'50"E 170.31' N38'43'23"W 1.55.91' 10' LEVEE EASEMENT SSJDD PER 1493 O.R. 82 N44'45'33"W 266.23 > ` `��� � S63!47'3S'E 173.53' LANDSIDE TOE OF LEVEE i �_ TCE (20't x 23'f N63'40'44"W 176.82' 20' `� ` T4 WATERSIDE TOE- T5 N60'38'06"W 317.56' OF LEVEE OVERALL FEE AREA '�� ��`,, T6 - N68'53'24"W 107.87' . N69'14'51"W 163.63' _ M N61'26'54'W 207.37' �` 1 SSJDD PER 1493 O.R. 82 4� FARMLAND RESERVE, INC. w SC;AL1 : 1"-30(i' 024-220"'018 d[ 019 {,] LINE TABLE THIS PAGE ONLY # BEARING DISTANCE Tl N48'05'39"E 113.82' T2 N47'40'39"E 24.14' T3 N27.10'51"W 17.39• )P C3 0 RC1 G�R T4 575'57'38"E 133.27' T5 564'14'24"E 82.81' veL01-NNG iNNOVAINE D IGN SOLUTIONS T6 56909'07"E 235.45' �A ratllcnto.Bldg. s 6 NIX 916-341. .i� 7 111_A'1'TO ACCOMPAW SUTTER-BUTTEFLOOD CONTROLAGENCY Y DESCRIPTION PROPOSED ACQUISITION FOR .JANUARY 7,20.14 FEATHER RIVER WEST LEVEE PROJECT PAGE 3 OF 3 F-AnIL.AND RESERVE, INC. - APN 024-220-018 & 019 SEE PAGE 2 COUNTY oj;,bUJ'fla STATE-OF CAUFORMA S60-09'07"E 235.45' S68'33'04"E 147.52' SSJDD PER 1493 O.R. 82 N6 3'26'54"W 207.37' Vii: S67'49'54"E 222.62' . SSJDD PER 1493 O.R. 82 �� „ ..�, . � 563 51 i 6 E 81.89 �l66'32'37"W 216.62' ~ -� `�S53'20'S1"E 67.45' . N72'42'54"W 85 SSJDD PER 1067 D.R. 353 .58 N68'43 00„W 144.98 ��.;, ... '� PARCEL B) N59'05'30'W 116.98' S4652'30'E 183.20' N48'20'09"W 138.76' N31'34'02"W 2$.23' ,:; S41'54'44"1= 175.34' Z M_ N34'1 6'30"W 53.34' N44•0729 5x.64, S2329'15”E 82.65' 4i a w N26'13'49"W 66.92': > is N 12'24'17"W 65.49' " , woo . ,. itr-S03 07 41 E 215.93 N v- N05`16 16 W 77.62 . ll ca,tl C N09'09'48"W 68.91' 12' ACCESS ESMT ae: (TYPICAL) FARMLAND RESERVE. o N INC. NO3'32'44"E 85.$1' �:. �, Z N 024-220-018 & 019 N10'46'15"E 64.58' , '504'26'37"W 297.65' i d � N07'17'31"E 179.02' 513.53'18'E 36.32' 10 LEVEE EASEMENT_- %_ �`1'--�S19'24'40"E 186.43' a N16'25'55"W 201.29' i WATERSIDE TOE OF LEVEE SSJDD PER 1067 O.R. 353 (PARCEL A} ► 1 S' LANDSIDE TOE OF LEVEE �' —S23'47'51"E 211.91' 20' a N29'21'50"W 209.06') S21'17'00"E OVERALL FEE AREA . 242.92' N22'15'44"W 272.20'��' 1 S12'20'11"E SSJDD PER DOC. 1999--15596 k 1 18.69' 1 (PA CELS A & B) SO1'05'01"E N09'49'24"W 82.61' 1.57' I t �ff 1 + CITY OF CiRDLEY i�E` I� ii 589'2710'W 124.60' . 024-130-048 & 049 SCAI K: V'=_300' yf) v o o � 4R 01 �5 17 VFLOPING INNOVA-11VC IJ:51CN SCAU71ONS 3317'1 C St, Bick). 100.13 lot 91(3.341 .7760 S:�G3 �itatei7rc�. CA�t , l�� lax 91 6.34 1 ,7767 Frather River West Levee Project Gridle!,Butte Coun6t F,armlaud Reserve,lrtC. Properij, APN's: 024-130-028, 029-220-Oi8& 019 STATEMENT AND SUMMARY OF BASIS FOR APPRAISAL The following is a sutnmary of the amount established as compensation by an appraisal prepared in compliance with section 1255.010 Code of Civil Procedures and section 7267.2 of the Government Code. The appraisal was made in accordance with accepted valuation principies, consistent with California valuation law. Every effort has been made to conform to the Standards of Professional Practice of the Appraisal ]nstitute, which fully incorporate the Uniform Standards of Professional Practice (USPAP) of the Appraisal Foundation-'- BASIC PROPERTY DATA OWNER OF RECORD: Fanul:tnd Reserve,hic.,a Utah non-profit cotporatiott ASSESSOR PARCEL NUMBER: 024-130-028,024-220-013,018&019 PROPERTY LOCATION: 1331 Kirk Road,Gridley,CA 95917 PROJECT: leather River Wrest Levee Improvement Projeet, DATE PROPERTY ACQUIRER BY OWNER: Our search of public records and discussions with the property owner indicate ihot there have beenno sales, listings or offers to purchase the property within lite last five(5)years. HIGHEST AND BEST USE: The highest and best use is for is for continued use as an orchard,and recreational land on the waterside of the levee. APPLICABLE ZONING: AG40;Agriculture,40-acre minimum parcel size GENERAL PLAN DESIGNATION; AG—Agriculture PROPERTY RIGHTS PROPOSED TOBEACQUIRED: Fee Simple, permanenl easement, utility sewer c:tsetnenl, and temporary easement. SIZE OF PROPOSED ACQUISITION Fee: 12.58 acres Pennanent Easement: 1.03 acres Utility SewerF.asement:0.65 acres Temporary Construction Easement: 0.0105 -teres 571ic Appraisal Institute is it national organirutinn of appraisers that Sclf-regulates its members,and Cvdney G. Builder Reenls is a designated Merrtber of the Appraisal Institute(MAI). A Member muss adherc to the htstitute's ethics rude and standard~. The U.S. cmigress has lask-ed the Appl'aisal Foundation to set staudards rmd prucu&%. with whielh state-certified appruims,must comply when appraising property intoresis involved in fi:derully-rrgul;-ted traasac.tinns. B R 1 12-007 l -._.-- _- -- BENDER ROSCNTUAL.INC. readier River !rest Levee Project Gridley,Batte Couno, Farmland Reserve,hie.Proper!}) APA"s:024-130-028, 024-220-018& 019 IMPROVEMENTS SUBJECT TO PROPOSED ACQUISITION The proposed fee acquisition area consists of the levee footprint and a portion of' land and orchard improvements on both the landside and waterside of the levee. Improvements within the acquisition area include walnut orchards, a metal pipe fence, and three metal vehicular gates. Orchard improvements and turn-rows arc located along and within the proposed acquisition area. Additionally, the main in-igation line for the property runs along the landside toe of the levee,and is located within the proposed acquisition area. Currently SBFCA is working with the property owner on both the above mentioned pipeline, pumps, and reconliguration and relocation of the irrigation system. These issues and any alterations will be dealt with in a separate agreement outside of this appraisal. See Extraordinary Assumption 48, A new turn row will need to be established on the remainder parcel for the orchards. Damages to Ute remainder for the removal of trees are handled in the Severance Damages section of flys report. DATE OF THIS irALUATION: October 1,2013 DATE OF REPORT: January 21,2014 VALUATION PROCESS SUPPORTING ESTIMATED COMPENSATION The larger parcel consists of four parcels with 413.08± acres, of which 44.47 acres consists of the Feather River and natural riverbeds.The property consists of 11-blocks o;walnut orchards, and ancillary agricultural structures, unplanted orchard land, and the Feather River levee. Six of the blocks of plantings are affected by the proposed acquisition. Because the five additional blocks of orchard are not included in or affected by the acquisition, or the agricultural ancillary structures, they are not considered further in this appraisal and only the supporting,orchard adaptable land is appraised. The proposed acquisition areas consist of the levee footprint, and strips of land and orchard improvements generally following the existing Feather River Levee along the landside and waterside toe of the levee on parcels 024220-018, and 019. Improvements within the acquisition area include the walnut orchard, turn row area, a metal pipe tbnee, and three metal vehicular gates. The larger parcel was determined to have zones of value which include orchard, orchard adaptable land,and rearention land. The larger parcel prior to acquisition consists of 413.013±acres.The affected orchard blocks are 2, 3,4,G,7,and I I. Block 3 and 7 arc located waterside or east of the levee, and arc subject to the highly restrictive SSJD easement, and are planted by permit, which clearly states "That applicant shall at applicant's sole cost and expense, remove, alter, relocate or reconstruct all or any part of the work herein approved immediately upon the order of the Reclamation Board", Therefore, no compensatory consideration has been given to the existing Orchards located waterside or east of the levee, given the easement language, which clearly states that any existing improvements can be removed by the agency, Further, the I-lighest and Best Use for this portion of the property as vacant is determined to be for a non-productive, natural habitat or recreational use area. The subject property is in the Williamson Act.According to California Goveniment C=ode Section 51290-51295, "when land is acquired for a public improvement by a public agency... for the purpose of establishing the value of the land, the contract shall be deerned never to have existed."The property has been appraised with no consideration given to the existing Williamson Act contract. BRI 12-007 _.------_.._-- - BENDER ROSENTHAL, INC. -