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HomeMy WebLinkAbout66-023RESOLUTTON N0. 66-a2~ BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA 1 RESOLUTIGN AUTHORTZTNG ACQUTSTTION OF REAL PROPERTY BY 2 EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS GOODSPEED-WATT ROAD IN THE COUNTY OF 3 BUTTE, STATE OF CALIFORNIA 4 BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of 6 Butte, State of California, that said Board finds and determines 6' and hereby declares, as follows, to wit: 7 1. That public interest and necessity require the acquisit- 8 ion, construction and completion by the County of Butte, of a 9 public improvement, namely a County Highway known as Goodspeed- 10' Watt Road, in the. County of Butte, State of California. ].1 2. That public interest and necessity require the acquisit- 12 ion for said improvement of the real property, or interest in the 1,3 real property hereinafter described, together with all improvements 14; situate thereon, and it is hereby found and determined that the 25 construction of a County Highway is a public use, authorized by 16 law, and that public interest and necessity require the construct- 17 ion of said improvements and the acquisition of said real property, 18 hereinafter described, and all improvements situate thereon. 19 3. Said proposed public improvement is planned and located 20 in a manner which will be most compatible with the greatest 2]. public good and the least private injury. 22 4. That the County Counsel of the County of Butte is 23' hereby authorized and empowered as follows: 24 (a) To acquire, in the name of the County of Butte, a 25 fee simple estate or such necessary interests in and to the 26 hereinafter described real property, or interest in real property, 27 and all .improvements thereon by condemnation in accordance with 28 the provisions of the Streets and Highways Code, Code of Civil 29 Procedure and the Constitution of the State of California, relat- 30 ing to eminent domain, to authorize the auditor to pay from County 31 funds the costs and consideration for said acquisition, and the 32 auditor is authorized to make such payment on authorization. /. L - ~ 3 1 2 3 4' 5 6 7 8' ,9 10' I1 12 13' 14: 15 16 17- 18 19: 20 2I 22 23: 24 2B 26 27 28 29 30 31 32 (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 said real property, 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 Isaid order. 5. The real property, or interest in real property, and/or improvements thereon, 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, 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 the regular meeting thereof on the 15th day of February, 1966, by the following vote: AYES • SUPERVISORS ~Oti^~T`SDEPT ? NTAXON, McKILLOP, PRYDE and CHAIRMAN GILE5. NOES: NONE. ABSENT: NONE. ATTEST: JESSIE ROGERS, County Clerk and Ex-Officio Clerk of the Board of S aervisors B ~ ~ Deputy FLOYD G1ZES, Chairman Board of Supervisors T 2 3. 4 5 6 7 8 9 10 11 12 13 l~k 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 All that real property situate in the County of Butte, State of California, described as follows: A pnstion of the east half of fractional Section 4, T20N, R1E, MDB&M, as shown on that certain map of the Rancho Aguas Frias, as subdivided by John LaCross, surveyor, in .Tune 1876, which map was filed in the office of the Recorder of the County of Bute, State of California, September 25, 1876, in Map Book 5 at page 28, more particularly described as follows: Commencing at the southeast corner of said fractional Section 4; thence N 00° 04' 45" W along the east line o.f said fractional Section 4, a distance of 1230.93 feetio the southeast corner of that certain parcel of land conveyed to Roy H. Norheim and Margaret E. Norheim by deed recorded December 15, 1943, in Book 317 of Official Records of Butte County at page 402; and the true point of beginning of this description; thence S 89° 55' 15 W along the south line of said Norheim parcel 40.00 feet; thence N 00° 04' 45" W 1189.07 feet; thence N 89° 55' 15" E 4.00 feet; thence N 00° 04' 45" W 20.00 feet; thence S 89° 55' 15" W 4.00 feet; thence N 00° 04' 45" W 416.77 feet; thence along a 1960.00 foot radius curve, concave to the west through a central angle of 1° 58' 13 ", an arc length of 67.40 feet to the south line of that certain parcel of land conveyed to J.L. Price and Edna Price by deed recorded August 29, 1963, in Book 1267 of Official Records of Butte County at page 218; thence non-tangent to said curve, N 89° 55' 15" E. along the south line of said Price parcel 41.16 feet to the southeast corner of said Price parcel and the east line of said fractional Section 4; thence S OOa 04' 45" E along the east line of said fractional Section 4, a distance of 1693.23 feet to the true point of beginning. Containing an area of 1e554 acres more or less, 0.972 acres of which is in the existing right of way of the Goodspeed-Watt Road. EXHIBIT A