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HomeMy WebLinkAbout66-035RESOLUTION N0. 65-35 BOARD OFSUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA 11 RESOLUTION AUTHORISING ,ACQUISITTON OF REAL PROPERTY BY EMINr.NT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGH47AY KNO~GtN A'S ~i3EST LINDO AVENUE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BE IT RE`SOI~VED by the BOARD OF SUPERVISORS of the County of Butte, State of California, that said Board finds and determines 8i. 9''i 10 17. 12 13 ]4! 1' 5 16 17. 18' . 19' 20` 27. 22 23` 24' 25 26" 27' 28 29 30 31'. 32. and hereby declares, as follows, to wit: 1, That public interest and necessity require the acquisit- ion, construction and completion by the County of Butte, of a public improvement, namely a County Highway known as ~niest Lindo Avenue, in the County of Butte, State of California. 2. That public interest and necessity require the acquisition for said improvement of the real property, or interest in the real property hereinafter described, together with all improvement situate thereon, and it is hereby found and determined that the construction of a County Highway is a public use, authorized by law, and that public interest ~d necessity require the construct- ion of said improvements and the acquisition of said real property hereinafter described, and all improvements situate thereon. 3, Said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 4. That the County Counsel of the County of Butte is hereby authorized and empowered as follows: (a) To acquire, in the name of the County of Butte, a fee simple estate or such necessary interests in and to the .herein after described real property, or interest in real property, and all improvements thereon by condemnation in accordance with th provisions of the Streets and Highways Code, Code of Civil Proce- dure and the Constitution of the State of California, relating to eminent domain, to authorize the auditor to pay from County funds the costs and consideration for said acquisition, and the auditor is authorized to make such payment on authorization. I 1', 2'. 3! 4: 5: 6 7' ;8 +9' 10' ~.1, 12 . 13' 14 15 16' 17: 18' 19 20' 2I 2S 23. 24- 25 zs 27 28: 29. 30i 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 fram 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 ,ay 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 property, or interests, or improvements in said real property, as a right of way for a public highway for public used (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 ordero 5. The real property, or interest in real proper ty, 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, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereof by reference, PASSED AND ADOPTF3) by the Board of Supervisors of the County of Butte, State of California at a regular meeting thereof on the 22nd day of March, 1966, by the following~ote: A1'ES~ Supervisors Howsden, Maxon, McKiZZop, Pryde and Chairman Giles NOES : None ABSENT: Hone . ~~ FLOYD GII,E C: airman Board of Supervisors ATTEST: JESSIE ROGERS, County Clerk and Ex-Officio Clerk of the Board of Supervis s Bye, Deputy 1. 2 3 10 11', 12 13'•. i~ 15, 16 1T.: 28' I9- 20° 21 22 23 24 2Si111 26' 27 28 29 30 31.: PARCEE ONE A portion of Lot 92 of the Second Subdivision of the .john Bidwell Rancho, according to the Official Map of said subdivision, recorded in the office of the Recorder of the County of Butte, State of California, September 17, 1900, in Map Book 5, page 27, more particularly described as follows: Commencing at the southwest corner of said Lot 92 on the centerline of S'hate Highway 32; thence N 60~ 49' 00" ~ along said centerline 191.80 feet; thence N 29a 11' 00°' E 30.00 feet to the northerly right of way line of said highway and the true point of beginning of this description; thence N 60Q 49' 00" ii+T along said right of way line 60.00 feet; thence easterly along the arc of a 30.04 foot radius curve (radial line to said curve at this point bears S 29~ 11' 0090?i~} concave to the north, through a central angle of 90~ 00' 00", an arc length of 47.12 feet; thence N 29n11' 00" E, tangent to said curve, 600.00 feet to the southerly right of way line of the Southern Pacific Railroad; thence S 60~ 49' 00" E along said line 60.00 feet; thence 5 29a 11' 00" ~i 600.00 feet; thence southerly along the arc of a 30,00 foot radius curve, concave to the east, through a central angle of 90~ 00' 00", an arc length of 47.12 feet to the said northerly right of way line of State Highway 32 (radial line to said curve at this point bears S 29~ 11' 0099 ~}; thence N 60~ 49' 00" T+~ 60000 feet to the true point of beginning. Containing an area of 0.877 acres more or lesso 32:.I~ Exhibit 99A"