HomeMy WebLinkAbout62-023I l~' =
RESOLUTION N0. 62- 23
BOARD OF SUPEftVISOR5 ~ x~~
COUNTY OF BUTTE, STATE OF CALTF_0_tZNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY
1 BX E~IINENT DOMAIN NECESSARY FOR fiHE CONSTRUCTION OF
A COUNTY HIGHNTAY KNO~rIN AS PALLRNIO ROAD-I,ZNCOLN STREET,
2 IN THE COUNTY OF BUTTE. STATE OF CALTFORNTA
3 BE IT RESOLVED by the BOARD 0~` SUPERVISORS of the County of Butte,
4 State of California, that said Board finds and determines, and hereby declares,'
5 as follows, to wit:
6 1. That public interest and necessity require the acquisition, con-
:- 7' struction and completion by the County of Butte of a public improvement, name3,y
g a County highway known as Palermo Road-Lincoln Street between Mi11 Street and
9 Oroville Bypass and known as Project F.A.S. 1334(1) i_n the County of Butte,
l0 State of California.
21 2. That public interest and necessity requires the acquisition for
12 said improvement of the real property, or interest i.ri the real property, here-
~3 inafter described, together with all improvements situate thereon, and it is
14 hereby found and determined that construction of a County highway is a public
15 use, authorized by law and that public interest and necessity requires the con-
16 struction of said improvement, and the acquisition of said real property here-
lq inafter described, and all improvements situate thereon.
18 3. Said proposed public improvement is planned and located in a manner
19 which will be most compatible with the greatest public good and the least pri-
i20 vate injury.
2Z 4. That the County Counsel of the County of Bute is hereby authorized
22 and empowered as follows:
23 (a) To acquire, in the name of the County of Butte, a fee simple estate
24 or such necessary interests in and to the hereinafter described real property,
25 or interest in real property, and all improvements thereon by condemnation i.ra
28 accordance with the provisions of the Streets and Highways Code, Code of Civil
27 Procedure and the Constitution of the State of California relating to eminent
28 domain.
29 (b) To prepare and prosecute for the County of Butte such proceedings
30 in the proper court, having jurisdiction tfiereof, as are necessary for such
31. acquisition.
32 (c) To make application to said Court fir an order fixing the amount of
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;], such security in tha way of moneys deposited as said Court may direct, and for
'2 an order permitting the County of Butte to take immediate possession and use
;3` of said real. property, or interests, or improvements in said real property as
'¢ a right of way for a public highway for public use.
5'; (d) To make deposit of such security out of proper funds under the
g control of the County of Butte, in such amounts so fixed and determined and in
7 such manner as said Court in which condemnation proceedings a're pending, may
,g direct, and the Auditor is authorized to make said deposit immediately upon
g the Court making said order.
10 The real property, or interest in real property, and~or improvements
11 thereon which the County of Butte is, by this resolution, authorized to ac-
12" quire for said public improvement in fee sample, is situate in the County of
13 Butte, State of California, more particularly described as follows:
14" PARC_EI,__ONE_(PARCEL THREE as Shawn on County right-of-ira~ma~File
L5 NooE563: .Owner - Stump):
16 A portion of that certain parcel of land i.n Section 20, T. lg N.,
R. 4 E., M.D.B.&Ni., described isi that certain deed dated March 2, 1957,
17 recorded March 4, 1957, isr Book 873 at page 582, Official Records of
Bette County, more particularly described as follows:
18
Beginning at the most southerly corner of the Lee Higgins Tract, filed
;18 April 7, 1910, in Map Book 6, page 73, Records o£ Butte County; thence
(1} N 24°50'47{' E. along the easterly line of the said Lee Higgins
20 Tract 474.26 feet; thence {2) continuing along said easterly line
N 21°51150t4 E. 1~.21a..03 feet to the extension western of the southerly
21 line of that certain parcel of land described in a deed dated P4a.rch g,
1939, recorded November 22, 1939, in Book 223, at page 253, Official
22 Records of Butte County; thence (3) S 73°411104' E. along said extension
line 70.33 feet to a point on the southerly line of said parcel; thence
23 (4) leaving said southerly line S 21°51150" W. 279.52 feet; thence
(5) S 11°24'09'° y~T. 133.15 feet; thence (b) S 24°49'564! t°l. 339.26 feet;
',2¢ thence (7) along a 626.00 foot radius curve concave to the east through
a central angle of 11°46110" an arc length of 128.59 .feet to a point on
25 the northerly line of Paxton Subdivision, filed April L,., 1923, in Map
Book $, page 50, Records of Butte County; thence (8) 5 88°35t56~'i>d.
26 along said northerly line 19.95 feet to the northwest corner of said
Paxton Subdivision; thence (9) N 60°06124" 4T. 91.47 feet to the point
27 of beginning. Containing an area of 1.648 acres which includes a por-
e tion now occupied by the County of Butte far road purposes. Said por-
2g Lion contains 1.177 acres more or less.
29 PARCET, T~~70 (PARCI~L 32 as sho.~n on the County rim-of-way map Tile
!30 No. E563: Owner - Gee Poy}:
31 All that certain real property situate in the County of Butte, State of
California, described as folloUrs:
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Beginning at the northwest corner of B1oclc 1, E1 Medio Subdivision
No. 1, filed in the office of the Recorder of the County of Butte,
State of California, February 7, 1910, in Map Book 6, at page 17;
thence along the westerly line of said Subdivision 5 1°14100" E.
234.00 feet to the true point of beginning of this description; thence
continuing S 1°]11.'007° E. 1025.83 feet more or less to the north line
of the 25-foot strip of land heretofore conveyed to Laurence Long and
Pearl Long and recorded in the office of the Recorder of the County of
Butte, State of California, July 8, 191+2, in Book 290 Q£ficial Records,
page 590; thence S 86°501 ;4. along the north line of said parcel
104.06 feet; thence N 1°141 !~T. parallel with the westerly line of said
E1 Medio Subdivision No. 1, 1025.83 feet more or less to the south line
of that certain parcel of land conveyed to Carl E. Carlin and
Myrtle B. Carlin, and recorded in said Recorderts office August 11,
1960, in Book 1072, Official Records, at page 331; thence along the
said southerly line N 88°43130" E. 104.00 feet to the true point of be-
ginning, containing an area of 2.713 acres, which includes 1.565 acres
now owned or occupied by the County of Butte.
PARCEL THREE (PARCEL 34 as shown on the County right-of-way rnan File
No._E563: Owner - Davidson}:
All that certain real property situate in the County of Butte, State
California, described as follows:
A portion of the northeast quarter of the southeast quarter of the
southwest quarter o£ Section 17, T. 19 N., R. 4 E., M.D.B.&M., des-
cribed as follows:
Beginning at the northwest corner of Lot 1, Block 1 of the El I~iedio
Tract Subdivision No. 1, according to the official map thereof filed in
the office of the Recorder of the County of Butte, State of California,
February 7, 1910, in Map Book 6, at page l7; thence S 1°1410014 E. along
the west line of said subdivision, 123.70 feet to the northeast corner
of that certain parcel of land conveyed to Carl E. Carlin and
Myrtle B. Carlin and recorded in said Recorderts Office August 11, 1960
in Book 1072 of Official Records at page 331; thence along the nor-
therly line of said parcel S 88°43130" G7. 150.00 feet to the northwest
corner of said parcel; thence N 1°14100° W. 120.00 feet to the.north-
west corner of that certain parcel of land conveyed to Fay Davidson and
recorded September 5, 1958, in said Recorderts office in Book 955,
Official Records, page 200; thence along the north line of said parcel
N 87°18143" E. 150.04 feet to the point of beginning, containing an
area. of 0.419 acres, which includes that portion now owned and occupied.
by the County of Butte.
PARCEL FOUR (PARCEL 57 as shown on the County ri.~ht-of-wa~map File
No. E563: Owner -- Southern Pacific Railroad):
Being a portion of the Southern Pacific Railroad Compa'~y right of way
and more particularly described as follows:
Beginning at a point on the easterly right-of-way line of said Railroad
at the most southerl~* corner of Lot 293 of the Lee Higgins Tract as
said tract is shcn~n on that certain map .filed in the Office of the
Recorder of Butte County, State of California, in Book 6 of I~Iaps, at
page 73•
Thence from said point of beginning, southerly along said easterly
Railroad right-of-way line on the arc of a 5779.65 foot radius curve
concave to the west {a radial line through said point of beginning
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1, bears N 80°08759" E.-) through a central angle of 19°31'2579 an arc di~-
tance of 1969.42 feet to a point of cusp with a non-tangent curve con-
2 cave to the east having a radius of 533.00 feet (a radial line of said
curve through said point bears S 86°03732" W.); thence northerly along
3 said curve through a central angle of 10°41}461}, an arc distance of
99.50 feet to a point on the arc of a 5710.00 foot radius curve con-
'4 cave to the west (a radial line of which bears S 61°14'42! E.); thence
northerly along the arc of said curve, through a central angle of
6, 10°13744", an arc distance of 1019.39 feet (a radial line to said
curve at this point bears N 88°31'34" ~.); thence non-tangent to said
6 curve, N 6°52107" W. 248.80 feet to a point on the arc of a 5692.00
foot radius curve concave to the west, a radial line of which bears
~ N 86°01155" E.; thence northerly along the arc of said curve, through
a central angle of 2°20740'7, an arc distance of 232.91 feet;, thence
S 83°46154" 6+T., 71.60 feet to a point on the westerly right-of-way line
of said Railroad {a radial line through said point bears N 83°4615477 ~.
9 thence northerly along said westerly right-of-way line, on the arc of
a 5679.65 foot radius curve concave to the west, through a central
10 angle of 2°13710}9, an arc distance of 220.01 feet; thence non-tangent
to said curve N 26°0970511 ~., 173.06 feet to the point of beginning.
Z1 PARCEL FIVE (PAR.CEL 61 as shown on the Count.Y right-of-waY maU File
12 No. E563: Owner - Western Pacific Railroad):
13 A portion of that certain parcel of land in the southwest quarter of
14 Section 20, T. 19 N., R. 4 E., M.D.B.&M., described in that certain
deed dated July 24, 1932, recorded July 27, 1937, in Book 190 at page
!1$ 38, Official Records of Butte County.
16 Said portion is all that part thereof described as follows:
17 Commencing at the most southerly corner of Lot 293 as shown on that
certain map entitled '}Official Map of the Lee Higgins Tract", which
18 map was recorded April 7, 1910, in Volume 6 of Maps, page 73, 0£ficial
Records of Butte County; thence S 26°09'2019 W. 173.05 feet, the point
19 of intersection of the existing westerly right-o£-way of the Southern
Pacific Railroad and the existing westerly right-of-way line o£ the
20 Baggett Marysville Road and the true point o£ beg~nn;ng of this des-
. cription; thence S 20°06726" W. along said westerly right-of-way line
2l. of the Baggett-Marysville :toad 271.56 feet to a point of cusp; thence
northerly along the arc of a 170.00 foot radius curve concave to the
!22 west (the radial line to said curve at this point bears S 69°53'34" E.)
through a central angle of 30°05730" an arc length of 89.28 feet;
23 thence along the arc of a 230.00 foot radius reverse curve, concave to
the east (radial line to said curve at this paint bears S 80°00156rry,T~)
24 through a central angle of 5g°49.2371, an arc length of 240.15 feet to a
point on said existing right-of-way line of Southern Pacific Railroad;
2~ thence southerly along said Railroad right-of-way line, along the arc
of a 5679°65 foot radius curve, concave to the west {radial line to
26 said curve at this point bears N 81°04'00" E.) through a central angle
of 0°2974371, an arc length of 49.10 feet to the true point of beginning.
27 containing an area of 0.343 acres more or less.
28 5. That it is hereby found that public interest and necessity requires
the acquisition of a right of entry and temporary easement for detour purposes
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during the construction period of said County highway, and not to exceed one
30
year, in and to the hereafter described property, to wit:
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Beginning at the northeast corner of the above-described parcel, marked
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1' Parcel One (Parcel 3 as shown on County right-of-way map File No. E5b3:
Owner ~- Stump); thence S 73°4~-110" E•, 50.00 feet; thence S 23-°51'50" Z"f
2;: 300.00 feet; thence N 68°08110" kJ. to the easterly line of said Parcel
One; thence along said easterly line to the point of beginning. Con-
3 taining 0.3~. acres more or lesso
~ and the County Counsel of the County of Butte is hereby authorized and em-
6 powered to do any and all things set forth in Paragraph 4 hereof to acquire a
6 t~rrit of immediate possession of said right of entry and temporary easement for
7. the public ixse as a detour as hereinbefore set forth.
The foregoing Resolution was introduced by Supervisor Pryde
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vrha moved its adoption, seconded by Supervisor Pittman , and said
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Resolution was duly adopted and passed this 19th day of March
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11 1862, on roll call by the following vote:
12 AYES: Supervis ors Giles, Pittman, Pryde, St~inegger and Chairman Alld dge
NOES: None
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ABSENT: None
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Cha rn a~ n of the Boa of S~perrrisors
;16 County of Butte, State of California
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ATTEST:
18
JESSTE ROGERS,
1;9 Butte County Clerk and ex-officio
Clerk of the Board of Supervisors
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21 By ~~~}'
22 Dep ty Clerk
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