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HomeMy WebLinkAbout66-024 4 6 6 7 RESOLUTION N0. 66-~~ BOARD OF SUPERVISORS. COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS ~OO.DSPF~ED -WATT ROAD IN THE COUNTY OF RrrTTE. STATE OF CALIFORNIA BE IT RESGLVED by the BOARD OF SUPERVISORS of the County of Butte, State of California, that said Board finds and determines and hereby declares, as follows, to wit: 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. '11 2. That public interest and necessity require the acquisit- 12 ion for said improvement of the real property, or interest in the 13 real property hereinafter described, together with all improvements 14 situate thereon, and it is hereby found and determined .that the 15 construction of a County Highway is a public use, authorized by 16 law, and that public interest and necessity require the construct- Z7 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 21 public good and the least private injury. 22 ~+. That the County C6unsel 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 2B 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 Consti tution 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. -a2~ 1.'~ 2 3 4 5; 6 7 8 9 10 3.1' ~z 13 14:. 15 16' 17: 18 19 20';I 21 22. 23 2~4 23- 28 2'7: 28. 29 30 31 (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 acquisitiono (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 uses (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 dq~sit immediately upon the court making said ardero 5o 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, 19b6, by the following vote: AYES: SUP$ftVZS.ORS HOWSDEN, M6iKON~ McKILLOP~ PRYDE and CHAIRMAN GILES. NOES: NONE. ABSENT: NONE. ATTEST: JES'SIE ROGERS, County Clerk and Ex~Officio Clerk of the Board of upervisors / ~i~ ~,~,_~ Deputy L... ,~~ ~/ r~~'L, G'C..fSI~f~Q~i FLOYD GILES, Chairman Beard of Supervisors Parcel One: 1 All that real property situate in the County of Butte, State of California, described as follows: 2 A portion of the east half of fractional Section 4, 3 T20N, R1E, MDB&M, as shown on that certain map of the Rancho Aguas Frias as subdivided by John LaCross, 4 surveyor, in June 1876, which map was recorded in the office of the Recorder of the County of Butte, State of. 5 California, September 25, 1876, in Map Book 5 at page 28, more particularly described as follows: 6 Beginningg at the southeast corner of said fractional 7 Section 4; thence N 00°04'45" W along the east line of said section, 1230.93 feet to the southeast corner of g that certain parcel of land conveyed to Roy H. Norheim and Margaret E. Norheim by deed recorded December 15, 19.43, g in Book 317 of Official Records of Butte County at page 402; thence S 89°55'15" W, along the south line of said 10 Norheim parcel 40.00 feet; thence S 00°04'45" E 1180.93 feet; thence along the arc of a 20.00 foot radius curve, concave 11 to the northwest, through a central angle of 90°00', an arc length of 31.42 feet, to the north right of way line of the 12, Pratt-Grant Road; thence S 00°04'45" E 30.00 feet to the centerline of said Pratt-Grant Road and the south line of 13 said fractional Section 4; thence N 89°55'15" East along said line 60.00 feet to the point of beginning. Containing 14 an area of 1.14 acres more or less, 0.731 acres of which is in the existing right of way of the Goodspeed-Watt Road and 15 Pratt-Grant Road. 16' Parcel Two• A portion of the east half of fractional Section 4, T20N, 1q R1E, MDB&M, as shown on that certain map of the Rancho Aguas Frias, as subdivided by John LaCross, surveyor, In June 1876, 18 which map was recorded in the office of the Recorder of the County of Butte, State of California, September 25, 1876, in 19 Book 5 of Maps, at page 28, more particularly described as follows: 2D Commencing at the southeast corner of said fractional Section 21 4; thence N 00°04'45" W along the east line of said fract- ional Section 4, a distance of 2924.16 feet to the southeast 22 corner of that certain parcel of land conveyed to J.L. Price and Edna Price by deed recorded August 29, 1963, in said 23 Recorder's offs ce in Book 1267 of Official Records, at page 218, and the true point of beginning of this description; 24 thence S 89 55'15" W along the south line of said Price parcel 41.16 feet; thence nor'tlaerly along the arc of a non° 25 tangent 1960.00 foot radius curve (radial line to said curve at this point hears N 87°57'0" E) concave to the west, 26 through a central angle of 33 41'12", an arc length of 1152.3 feet; thence N 35°44 10" W 461.80 feet; thence northerly aloe 27 the arc of a 2040.00 foot radius curve, concave to the east through a central angle of 22°17'19", an arc length of 793.58 28 feet, to the north line of said fractional Section 4 (radial line to said curve at this point bears_S 76°33'09" W); thence 29 S 39°35'27" E, non-tangent to said curve, along said north line, 82.49 feet; thence southerly along the arc of a non- 30 tangent 1960.00 foot radius curve (radial line to said curve at this point bears S 75°58'30 " W) concave to the east, throu 31 a central angle of 21°42'40", an arc length of 742.70 feet; thence S 35°44'10" E 46L.80 feet; thence along the arc of a 3$ 2040.00 foot radius curve, concave to the west, through a EXHIBIT A . l 2 3 4 b 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 central angle of 24°17'31", an arc length of 864.31 feet to the east line of said fractional Section 4; thence S OOo 04'45" E, along said line 334.61 feet to-the true point of beginning. Containing an area of 4.235 acres more or less, 0.262 acres of which is in the right of way of the existing Goodspeed-Watt Road.