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RESOLUTION NO. 62- 15
,BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIE`ORNIA
RESOLUTION AND NOTICE DECLARING INTENTION
TO SELL REAL PROPERTY (Government Code
Section 25526, et sea.)
BE IT RESOLVED by the Board. of Supervisors of the
i Coanty of Butte, State of California, as follows:
1. That said Board hereby declares that it intends to
sell that certain real property situate in the Coanty of Butte,
State of California, more particularly described as follows:
PARCEL NO. 1: All that certain parcel of land in the
east half of the southeast quarter of Section 31 T 18
N R 3 E M.D.B.&M .., conveyed by deed from David A. Osborn
and Albertina Osborn to the County of Butte, and
recorded December 6, 1902, in the Office of the Recorder
of the County of Butte, State of California, in Boo':t 65
of Deeds, page 415, more particularly described as follows:
Commencing at a point 20 feet east of the northeast
corner og the west half of the southeast quarter of Section
31 T 18 1V R 3 E, M.D .B .&M. , Thence east 396 feet, -thence
south 50° 20' west, 514 feet; thence north parallel to,
and 20 feat east of the subdivision line 330 feet to
place of beginning. Containing 1.50 acres, as surveyed
by B. L: McCoy, County Surveyor, November 28, 1902,
Also a right of way over~a strip of land 20 feet in width
off of the west side of the east half of the southeast
quarter of Section 31, T 18 N R 3 E, M.D.B.&M., as surveyed
by B. L. McCoy, County Surveyor, November 28, 1902, Said
right of way is granted for the purpose of ingress and
egress for road purposes to and from the first above
described parcel of land.
QARCEL NO. 2s A portion of Lots 59, 614 62, 63, Oroville-
4~Tyandotte Fruitlands, Unit No. 3, filed in the office
of the Recorder of the County of Butte, State of Calif-
ornia, in Map Book 11 at pages 19 and 20, more particularly
described as follows:
Beginning at the most northerly corner of Lot 64 of said
Subdivision, said corner also being on the centerline of
the right-of-way of the Oroville Wyandotte Irrigation
District ditch; thence N 95.59 feet; thence N 29° 09'
W 60.74 feet, to the easterly right-of-way line of said
ditch; thence along said easterly right-of-way line N
16° 56' W 27.52 feet N 3° 37' W 65.10 feet; N 8° 55' E
65.91 feet; thence leaving said right-of-way line N 65°
41' 22" E 30.22 feet to a point (being also on the westerly
right-of-way line of the County road known as the Olive
Highway) in a nan-tangent curve concave to the northeast
having a radius of 2060.00 feet, a radial line of
said curve through said point bearing S 64° 41' 22"
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W; thence southerly along said curve and westerly
right-of-way line of said road through an angle of
10 44' 34", an arc distance of 386.24 feet, thence
leaving said right-of-way line S 54° 56' 48" W 136.36
feet, to the centerline of the right-of-way of said
ditch; thence along said centerline N 38° 02' W 122.12
feet to the point of beginning. .Containing an area of
0.910 acres, more or less, which excludes that portion
within the rigl~tof-way of the Oroville-Wyandotte Irrig-
ation District ditch.
Subject to a right-of-way or easement for a driveway
over the following described parcel as follows:
Parcel 1-A
Commencing at the most northerly corner of Lot 64 of
said Subdivision, said corner also being on the
centerline of the right-of-way of the Oroville-
Wyandotte Irrigation District ditch; thence along said
ditch centerline, S 38° 02' E 122.12 feet to the true
point of beginning, thence I~Torth 54° 56' 48" East
136.36 feet, to a point {being on the westerly right-
of-way line of the County road known as the Olive
Highway) in a non-tangent curve concave to the northeast,
having a radius of 2060.00 feet, a radial line of said
curve through said point bearing 5 54° 56' 48" W; thence
northerly along said curve and westerly right-of-way line
through a central angle of 0° 33' 23" and an arc length
of 20.00 feet; thence S 54° 56' 48" W, 137.50 feet to
the centerline of said ditch; thence along said centerline,
South 38° 02' East 20.03 feet to the true point of
beginning.
Said right-of-way is for the benefit of and appurtenant
to the property described in deed from Edward C. Wubbens
and Agnes M. Wubbens to the County of Butte, dated May
2, 1958, and recorded May o, 1958, in Book 820, Official
Records at page 393, and shall inure to the benefit of
and may be used by all persons who may hereafter become
the owners of said appurtenant property or any parts or
portions thereof.
2. That the terms and conditions of said sale are
as follows:
(a} That the minimum price that will be
acceptable for each of said parcels of real property is as follows)
Parcel No, l: $ 300.00
Parcel No. 2: $28000.00
(b) That the purchase of said real property is
to be paid in cash, as follows: 10/ thereof to accompany bid and
balance upon close of escrow to be established ~;aith title company
upon acceptance of bid.
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i (c) County to furnish and pay for title insurance.
2 3. That ,Monday, the nth day of February, 1962,
3 at 11:00 a.m. of said day, is hereby fixed as the time at
,4 which the Board of Supervisors of the County of Butte, at a
5 regular meeting of said Board, will receive sealed proposals
6 to purchase said real property and will consider said sealed
,7 proposals, and the place of said meeting will be in the
g Supervisors' Room of the Court House, situate on Huntoon Street,
g in the City of Oroville, County of Butte, State of California.
10 4. That no commission will be paid to any licensed
11 real estate broker.
12 5. That notice of the adoption of this resolution
~3 and the time and place of holding the meeting to consider
14 sealed proposals for the purchase of said real property shall
15 be given by posting a copy of this resolutiono signed by the
16 Chairman of the Board, in three (3) public places in the County
Zq not less than fifteen (15} days before the date of the meeting,
Zg and by publishing the notice in the County pursuant to Section
lg 6063 of the Government Code, to ~,vit, once a week for three (3)
80 successive weeks.
21 6. At the time and place fixed herein for the meeting
22 to consider sealed proposals for the purchase of said real
23 property, the highest qualifying bid will be accepted, unless
24 upon a call for oral bids, such oral bids shall exceed by at
25 least 5% the highest written proposal.
26 7. Said parcels shall be sold separately and said
27 Board shall consider written proposals and oral bids on each
28 parcel separately and reserves the right to accept or reject
29 all written proposals and/or oral bids on each of said parcels
30 separately. In other words, for the purpose of the intended
31 sale herein noticed, each parcel shall be considered as a
32 separate and individual sale, but bids will be received and
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`~`?'~a~ibit n
Article I. This agreement is made in the light of the following facts and circumstance:
1. Under the provisions of the Federal-Aid Highway Acts cereain funds ate authorized to be appropriued for expendi-
ture on a system of principal secondary roads to be selected by the State highway depanmmts in cooperation with the county
supervisors sad the Commissioner of Public Roads. The route upon which the subject project is propmed hat bao ao selected and
approved by the Commissioner of Public Roads for inclusion in the Federal-Aid Secondary Road Syuem. Federal-Aid Highway
funds ace now available for obligation to the subject project.
2. The Department is required to enter into ao agreement with the Commissioner of Public Rwds relative to the
prosecution of this projrtt and the obligation of patticipating Federal-Aid funds.
THEREFpRE, iss comideration of the premises herein contained, the parries agree as follows:
Article II. Cooperation with the United States.
MAINTENANCE
1. The Pedcral-Aid Acts require [hat the maintenaoee of projects constructed thereunder than be the rpponsibilicy of
the State and chat a project for whjch the Aepartmenc propose co provide maintenance by an agreemeae with the County shall not
6e approved if any project previously improved with Federal funds under the provisions of the Federal Highway Aets, at amended
and supp[cmcnted, w-bich the Covncy his agreed to maintain, is not being tacisfactorily maintained as detrrminrd by the
Commissioner.
It is therefore agreed chat after completion of said project or usable por[ions thueof, and upon ttotite of such completion,
ehe County will maintain the completed works in a manner satisfactory to the au[horized agents of the Ututed States.
Article III. Control of Work.
RIGI-IT OF WAY
The fvrno6ing of righss of way as provided for herein includn, in addition to all real property required for the improve-
ment fra and clear of obstructions and encumbraacp, the payment of damage to real property sot actually taken but injuriously
affated by the proposed improvement. '
I. Such rights of way as are necpsary £or the construction of the proposed improvement, will be furnished by the
County.
2. IC it understood that a contract for the construction of this projrtt or any portion thereof tanaot be awarded until
the necpsary righe of way has been made available.
3. The County will furnish to the Department prior to advertising of tbaprajat evideaee that necpsary rights of wry
are available for construction purposes. ~ -
~. The County agxas to pay from county funds any costs, which are incurred in connection with this project, which
uise out of right of way litigation or delays to the contractor because right of way his not ban made available to him for the
orderly prosecution of :he work.
ENGINEERING
Preliminary Enginaring-TLe term "preliminary enginaring" as used heren include all preliminuy work, including
but not restrieecd to, preliminary surveys and report, laboratory work, soil invpcigation, prepuatian o£ plarus deign and
advertising.
Construttion Engineering-Tlse cr m "construction engineering" as med herein include actual inapeotion of the work,
necessary construction staking, laboratory and field testing, field reports and records, ptimups final reports sad allowable expenses
of employees engaged therein.
County employee shall perform all enginaring work. It is understood that the Department it held rnponaible bp,the
United Stacn Government for the conduct of the work and for satisfactory results and that the Department may nos delegate iu
xpponaibilicy. Ie u therefore agreed that the Department will exercise general supervision over the work and may mke direce
tonerol of the subject projat at its discretion when it is deemed that the responsibility of the Deputment-require. '
When the rose of Right of Way, Preliminary Engineering or Construction Engnnaring, incurred by the County is to be
borne in part by Pederal-Aid funds, ehe Department will reimburse the County for service performed on the bait o£ the actual tort
thereof to the County including compensation and expense of personnel working on she project, the required materials and she use
of county-owned automobiles at the rate of four cents per milt' provided, however, that the County will contribute i[s general
administrative and overhead expense. Payments for such work will be made by the Department upon receipt of bills therefor,
pr<parcd in such form and supported by such detail as may be prescribed by the Departmene. The Depuemeat and ehe Bureau of
Public Roads shall be given acces to ehe Couney's books and records for the purpose of eheckiag cosss paid or to be paid by chc
Deputment hereundu.
AWARD OF CONTRACT
Actwl construction work will be performed by contract. Tht Deputmrat will make the 5nal preparation for adver-
tising, will advertise and award ehe contract snd will make paymcrtes to [hc contractor as the amt become due
Prior co advertising for bids the County and the Department must agree on an engineer's primate u to the estimated
cwt o£ the project. Na contract for an amount in excess of said enginar's estimate will be awarded unless sufficient funds are
available and both the Department and County ages to :ueh award.
Article IV. Special Covenants.
F. Nonparticipating Itemt. All costs ruled ineligible under the Federal-Aid Highway Ac[s but praptrly chargeable
to this project shall be paid by the County.
2. Preliminary Engineering. All preliminary engineering charges, including the rose of advertising, have been or wilE
6r paid by the County from funds other than chose provided by the Federal-Aid Highway Actt.
;. Construction Engineering. The construction engineering is included in the ptimated cost and may be paid from
Federal and County funds.
4. Claims. Since this project is not on a State Highway, State Highway funds may not 6t used eo finance any ewss
including claims submitted by the tontnecor, Public Utilities, Righes of Way or ocher pertinent charge,
.Tn the event that such claims are submieed and the Bureau of Pvblie Roads and State Ateorneys rule such elaiam cannot
be paid by funds provided by the Federal-Aid Highway Aecs the County will upon the demand of ehe Departmene, deposit wieh
the Sace Treasurer, a sum sufficient to cover the tine of any or all claims.
Article V.
Iv use of conBicc between any of the provisions emuained in Exhibits A and B, the provisions of Exhibit H shall govern.
rtes v-~r sH aro
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Exhibit B
ARTICLE VT - Location of Frojeet and Brief Description of Work
Proposed:
Approved Federal-aid Secondary Project 5-1334(1), in Butte
County, covering proposed four-lane grading, paving, traffic
signals and higYzway ~-fighting an PALERMO ROAD AND LINCOLN STREET
between Mill Street and Oroville Bypass, net length of 1,2 miles.
ARTICLE VII - Funds to be Used for the Project:
1. The estimated cast of the project covered by this
Agreement is:
4,800.00
PRE~oIMtZ.DrT temlNsEp~RIN4 ~25~+,405.flQ $
Supplemental Work 8 200~00,~
'~;b~ .
Subtotal ~ 1~1g5.Ofl
Contingencies X275,800,00
CONTRACT TOTAL
CONSTRtTC`fIQN ENGINEERING (State-furnished) 20 000.00
TOTAL $~ ,
2, On the basis of the-above estimate, this prajeet will
be financed as follows:
Federal-aid Secondary Runds $156,295.00
State Highway Matching Funds 104,$05.00
County Funds deposited to date for 4,804,00
this project
Oounty Funds to be deposited 34,700,00
3. The actual funds for the project will be set up after
the bids for the work have been opened, and shall be on the basis
of contract prices. The amounts shown under the various categories.
of Paragraph 2, above, may be adjusted From time to time as the
needs of the parties make it desirable, provided that the balances
available in any category', the total estimated project cost, or
the maximum legal pro rata are not exceeded:
!}. The County may, prior to opening of bids, deposit with
the Division of highways the amount shown in paragraph 2, above,.
to permit prompt award of a contract on the basis of the lowest
satisfactory bid within the estimate contained in this agreement.
The Department will refund or transfer to other county prQ~jeets
any portion of such deposit not required for this project. The
County agrees, in any event, to deposit with the pivisior, of
Highways the above amount, or such lesser amount as may be required
tv award a contract on the basis of the lowest satisfactory bid,.
within five days of being notified of-the amount of the bid and
the proposed financing,