HomeMy WebLinkAbout67-017RESOLUTION N0. 67- ~~
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
1 RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY
EMINENT DOMATN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
2 HIGHWAY KNOWN AS COHASSET HIGHWAY IN THE COUNTY OF BUTTE,
STATE OF CALIFORNIA
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4 BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of
5 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-
$ ion, construction and completion by the County of Butte, of a
9 public improvement, namely a county highway known as Cohasset
10 Highway, in the County of Butte, State of California.
I1 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 improvement
I4 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-
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
21 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
2B 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 a7d consideration for said acquisition, and the
32 auditor is authorized to make such payment on authorization.
1 (b} To prepare and prosecute for the County of Butte such
2 proceedings in the proper court having jurisdiction thereof, and
3 make such deposits from County funds for fees and costs as are
4 necessary for such acquisition.
5 (c) To make application to said court for an order fixing
g the amount of security in the way of moneys deposited as said
7 court may direct, and for an order permitting the County of Butte
8 to take immediate possession and use of said real property, or
g interests, or improvements in said real property, as a right of
10 way for a public highway for public use.
11 (d) To make deposit of such security out of proper funds
12, under the control of the County of Butte, in such amounts as fixed
13 and determined and in such manner as said court in which condemn-
14 ation proceedings are pending may direct, and the Auditor is
15 authorized to make said deposit immediately upon the court making
16 said order.
17 5. The real property, or interest in real property, and/or
lg improvements thereon, which the County of Butte is, by this
lg resolution, authorized to acquire for said public improvements in
20 fee simple, is situate in the County of Butte, State of California
21 more particularly described in Exhibit "A"; attached hereto and
22' made a part hereof by reference.
23 PASSED AND ADOPTED by the Board.of Supervisors of the
24 County of Butte, State of California, at the regular meeting
25 thereof on the 31st day of January, 1967, by the following vote:
2B' AYES: Supervisors Dunaway, Maxon, McKillop, Pryde and Chairman Howsden
27 NOES: None
28 ABSENT : None ~ ~ ~~
29
ARLEY L HOW 'DEN, Chairman o t e
30 ATTEST: Butte County Board of Supervisors
JESSIE ROGERS, County Clerk
31 and ex-officio Clerk of the
Board of Supervisors
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By Deputy
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All that certain real property situate in the County °f Butte,
State of California, described as follows:
A portion of the east half of Section 14, T23N, R1E, MDB&M, more
particularly described as follows:
Commencing at the east quarter corner of said Section 14; thence
N 00°13'44"W along the easterly line of said Section 14, a dis-
tance of 107.00 feet to the centerline of the existing Cohasset
Road (40 feet wide) as described in that certain deed recorded
November 22, 1922, in Book 195 of Deeds at page 137, Butte County
Records; thence along the said centerline of Cohasset Road the
following courses and distances; S 74°02'32" W, 40.00 feet; S 67°
00' 32"W, 100.00 feet; S 55 29'3211W, 100.00 feet to the true
point of beginning; thence continuing along said centerline S 50°
37'32"W, 100.00 feet to a point on the centerline of the existing
Cohasset Road as said road is described in that certain deed
recorded July 7, 1891, in Book 34 of Deeds at Page 703, Butte
County Records; thence along said centerline the following courses
and distances: S42°53'11"W, 173.60 feet; and S 69°18'11"W, 120.00
feet; thence leaving said centerline N 47°37'48"E 54,15 feet to a
point on the northerly right of way line of the said existing
road; thence N 43°08'53" E 114.30 feet; thence N 55°05'20" E,
134.30 feet; thence N 65°25'37" E, 87.30 feet to the true point of
beginning. Containing an area of 0.250 acres, more or less, of
which 0.151 acre is within the existing right of way of Cohasset
Road.
EXHIBIT '0A"