HomeMy WebLinkAbout66-020RESOLUTION N0. 66-~ ~
BOARD OF .SUPERVISORS
COUNTY OF BUTTE, -STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITIGN OF REAL PROPERTY BY
is EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOWN AS GOODSPEED-WATT ROAD IN THE COUNTY OF
2 BUTTE, STATE OF CALIFORNIA
3 BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of
4 Butte, State of California, that said Board finds and determines
5 and hereby declares, as follows, to wit:
6 1. That public interest and necessity require the acquisit-
~ ion, construction and completion by the County of Butte, of a
8 public improvement, namely a County Highway known as Goodspeed-
g Watt Road, in the County of Butte, State of California.
10 2. That public interest and necessity require the acquisit-
11 ion for said improvement of the real property, or interest in the
12 real property hereinafter described, together with all improvements
13 situate thereon, and it is hereby found and determined that the
14 construction of a County Highway is a public use, authorized by
15' law, and that public interest and necessity require the construct-
16 ion of said improvements and the acquisition of said real proper ty
17 hereinafter described, and all improvements situate thereon.
18 3. Said proposed public improvement is planned and located
19 in a manner which will be most compatible with the greatest
2p public good and the least private injury.
21 4. That the County Counsel of the County of Butte is hereby
22 authorized and empowered as follows:
23 (a) To acquire, in the name of the County of Butte, a
24 fee simple estate or such necessary interests in and to the herein-
2g after described real property, or interest in real property,
26 and all improvementsihereon by condemnation in accordance with the
27 provisions of the Streets and Highways Code, Code of Civil Proce-
28 dare and the Constitution of the State of California, relating
29 to eminent domain, to authorize the auditor to pay from County
30 funds the costs and consideration for said acquisition, and the
37, auditor is authorized to make such payment on authorization.
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(b) To prepare and prosecute for the County of Butte such
proceedings in the proper court having jurisdiction thereof, and
make such deposits from County funds for fees and costs as are
necessary for such acquisition.
(c) To make application to said court for an order fixing
the amount of security in the way of moneys deposited as said
court may direct, and for an order permitting the County of Butte
to take immediate possession and use of such real proper ty, or
interests, or improvements in said real property, as a right of
way for a public highway for public use.
(d) To make deposit of such security out of proper'.funds
under the control of the County of Butte, in such amounts as fixed
and determined and in such manner as said court in which condemn-
ation proceedings are pending may direct, and the Auditor is
authorized to make said deposit immediately upon the court making
said order.
5. T.he real property, or interest in real property, and/or
improvements thereof, which the County of Butte is, by this
Resolution, authorized to acquire for said public improvements in
fee simple, is situate in the County of Butte is, by this
Resolution, authorized to acquire for said public improvements in
fee simple, is situate in the County of Butte, State of California,
more particularly described in Exhibit "A", attached hereto and
made a part hereof by reference.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California at a regular meeting thereof on the
15th day of February, 1966, by the following vote:
AYES: SiTPERVISORS HQ~FdSDEN~ I~'IAXON} McKILLOP PRYDE and
CHAIRMAN GIL~°S.
NOES: NONE.
ABSENT: NONE.
ATTEST:
JESSIE ROGERS, County Clerk
and Ex-Officio Clerk of the
Board of Su ervisors
By ~,,,/,`iai ~,~c~~.J __Deputy
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FL YDT'GIL S, C airman
Board of Supervisors
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PARCEL 1
All that real property situate in the.County of Butte, State of
California, described as follows:
A portion of the south half of the northwest quarter of
Section 34, T21N, R1E, MDB&M, more particularly described as
follows:
Beginning at the northwest corner of the said south .half of the
northwest quarter; thence S 00° 38' 53" E1~01.05 feet to the
northwest corner of that certain parcel of land conveyed to
John H, Schroer, Jr. and Rosemarie Schroer by deed recorded
November 4, 1960 in Book 1084 of Butte County Official Records
at page 235; thence S 89° 09' 39'" E along thezorth line of
said parcel, 34.53 feet; thence N 00° 57' 02" W 290.75 feet;
thence S 89° 52'' 08'~ W 10.00 feet; thence No 00° 57' 02" E 125.00
feet; thence N',89° 52' 08" E 10.00 feet; thence N 00° 57' 02" E
5$4.71 feet; thence N 00° 02' 11" E 0.74 feet to the north line of
the said south half of the northwest quarter; thence N 89° 09'39''
W along said line 29.25 feet to the point of beginning.
Containing an area of.,0.704 acres more or less, 0.459 acres of
which is in the existing right of way of the Goodspeed-Watt Road.
EXHIBIT A
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PARCEL 2
All that real property situate in. the County of Butte, State
of California, described as follows:
A portion of Lot 1 of fractional Section 33, T21N, R1E, MDB&M,
and a portion of fractional Section 33 of T21N, RIE, of the Agusas
Frias Rancho as shown on the sectionized map thereof on file
in the office of the Recorder of the County of Butte, State of
California, more particularly described as follows';
Commencingg at the southeast corner of said Section 33; thence N
00° 38' 53'T W along the east Line of said `Section 33 a distance
of 58.78 feet to the true point-:of,beginning of,t.his description;
thence continung N 00° 38' 53" along''said section line 2646.57
feet to the northeast corner of said Lot 1; thence N 89° 15' 01"
W along the north line of said Lot 1 a distance of 43,88 feet;
thence S 00° 57' 02" E 904.04 feet; thence S 00° 41' 10" E
1549.67 feet; thence along the arc of a 2040.00 foot radius curve,
concave to the east through a central angle of 11°04'03", an arc
length of 394.06 feet to the true point of beginning. Containing
an area of 2.289 acres more or less, 1.187 acres of which is in
the existing right of way of the Goodspeed-Watt Road,
PARCEL 3
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All that real property situate in the County of Butte, State
of California, described as follows:
A portion of the southwest quarter of Section 34, T21N, R1E,
MDB&M, more particularly described as follows:
Commencing at the southwest corner of said Section 34; thence
N OOo 38' S3" W along the west line of said Section 1007.48
feet to the southwest corner of that certain parcel of land
conveyed to Caslyn L. Schwein by Decree of Distribution recorded
April 25, 1949, in Book 497 of Butte County Official Records at
page 422, and the true point of beginning of this description;
thence continuing N 00~ 38' S3" W along the west line of said
section 748.28 feet to the southwest corner of that certain
parcel of land conveyed t'o>.k'rank •Lazard and Katherine Lazard by dee
recorded October 23, 1950 in Book 561 ;of Butte County Official
Records at page 211; thence S 89~ 04' 53'~ E along the north line
of said parcel 40095 feet; thence S 00~41~10" E 748.26 feet to
the south line of said Schwein 'parcel thence N 89~ 07' 3331 W
along said south line 41.44 feet to the true point of beginning.
Conta.ning an area of 0.707 acres more or less, 0.343 acres of which
is within the existing right of way of 'the-,Goodspeed-Watt .Road,