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Home My WebLink About67-030RESOLUTION NO. 67-~ 7 8 9 10 11: 12 13 l~k 15 16 17 18 19 20 2~. 22 23 24 25 26 27 28 29 30 31 32 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 FIIGH4~AY KNOW1~ AS OROVILLE-QUINCY ROAD IN THE COUNTY OF BUTTE STATE OF CALIFORNIA BE IT RESOLVED 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 acquisition, construction and completion by the County of Butte, of a public improvement, namely, a County Highway known as Oroville Quincy Road, in the County of Butte, State of California. 2. That public interest and necessity require the acquisi- tion for said improvement of the real property, or interest in the real property hereinafter described, together with all improve- ments 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 and necessity require the const- ruction 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 hereinafter described real property, or interest in real property, and all improvements thereon by condemnation in accordance with the pro- visions of the Streets and Highways Code, Code oi~Civi1 Procedure and the Constitution of the State of California, relating to eminent domain, to authorize the auditor to pay from County funds 1 the costs and consideration for said acquisition, and the auditor 2 is authorized to make such payment on counsel's authorization. 3 (b) To prepare and prosecute for the County of Butte such 4 proceedings in the proper court having jurisdiction thereo€, and 5 make such deposits from County funds for fees and costs as are g necessary for acquisition. 7 (c) To make application to said court for an order fixing g the amount of security in the way of moneys deposited as said g court may direct, and for an order permitting the County of Butte 10 to take immediate possession and use of such real property, or 11 interests, or improvements in said real property, as a right of 12 way for a public use. lg (d) To make deposit of such security out of proper funds 14 under the control of the County of Butte, in such amounts as fixed 15 and determined and in such manner as said court in which condemn- lg ation proceedings are pending may direct, and the Auditor is 17 authorized to make said deposit immediately upon the court making lg said order. 19 5. The real property, or interest in real property, and/ 20 or improvements thereof, which the County of Butte is, by this 21 resolution, authorized to acquire for said public improvements in 22 fee simple, is situate in the County of Butte is, by this 23 resolution, authorized to acquire for said public improvements in lei fee simple, is situate in the County of Butte, State of California; 2g and more particularly described in Exhibit "A", attached hereto 2g and made a part hereof by reference. 27 PASSED AND ADOPTED by the Board of Supervisors of the 28 County of Butte, State of California, this 7th day of March., 1967, 29 by the following vote: Chairman 30 AYES: Supervisors Dunaway, Maxon, McKillo , Pryde Ec Howsden NOES: None 31 ABSENT: None ATTEST: 32 JE'SSTE ROGERS, County Clerk - O DEN, Chairman o the and ex-officio Clerk of the Butte County Board of Supervisors Board of Supervisors 8~~,~`~P Deputy - ~~ G.~~.u.~..,_.- 1 2 3 d. 5 6 7 8 9 10 I 1Z 12 13 la 15 16 17 18 19 20 21 22 23 2~k 25 26 27 28 29 30 3 ]. 32 t~ARCEL ".A" All that certain real property situate in the County of Butte, Slate of California, described as. follows: Being a portion of Lot 149, as shown on that certain map entitled "Official Map of Groville-Wyandotte Fruit Lands, Unit No. 5" which map was recorded on July 20, 1928, in Book 8 of Maps, at pages 37-A and 38-A, Butte County Gfficial Records, more particularly described as follows: Commencing at the most westerly corner of said Lot 149, said corner being on the centerline of Glive Highway (formerly G-roville- Forbestown-LaPorte Road) on a 1000 foot radius curve (radial line Lo said curve at said corner bears N 24°19'34"E); thence south- easterly along said centerline of Glive Highway, along the arc of said 1000 foot radius curve, concave to the south through a central angle of 2°43'36", an arc length of 47.59 feet to the southwest corner of that certain parcel of land conveyed to John S. Filipiak and Betty Filipiak by deed recorded July 3, 1964 in Book 1323 at page 220, Butte County Official Records (radial .line to said curve at this point bears N 27°03x10"E); thence 'leaving said centerline of U1ive Highway N 63°32'39"E along the northwesterly line of said Filipiak parcel, 37.02 feet to a point on the existing northeasterly right of way Line of said U1ive Highway (b0.00 feet wide) and the true point of beginning of this description; thence continuing N 63°32'39"E, along the north- westerly line of said Filipiak Parcel 115.74 feet; thence leaving said northwesterly line, northeasterly along the arc of a non- tangent 13b0.00 foot radius curve (-radial line to said curve at this point bears S 0°11'52"W) concave to the north, through a central angle of 14°28'36", an arc length of 343.63 feet, to a point on the southeasterly line of said Filipiak parcel (radial line to said curve at this point bears` S 14°16'44"E); thence S S3°19'24"W, non-tangent to said Last-described curve, along the said southeasterly line, 183.60 feet; thence leaving said southeasterly line, southwesterly along the arc of a non-tangent 1440.00 foot radius curve, concave to the north, through a central angle of 8°00'47", an arc length of 201.39 feet (radial line to said curve at this point bears S 0°30'15"W); thence S 17°31'21''E, non-tangent to said last-described curve,. 40.31 feet, Lo a point on the said northeasterly right of way line of Olive Highway; thence northwesterly along said right of way line along the arc of a non-tangent 1030.00 foot radius curve (radial line to said curve at this point bears N 35°20'11U~E), concave to the southwest, through a central angle of 7°03'31',•. an arc length of 1.26.89 feet to the true point. of beginning. Containing an area of 0.619 acres, more or less. Together with underlying fee interest, if any, appurtenant to tie above-described property in and to the adjoining public ways. PARI'F.T. ~~R''~ All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Lot 149 as shown on that certain map entitled "Gfficial Map of Groville-Wyandotte Fruit Lands Unit No. 5~°, which map was recorded on July 20, 1928, in Book 8 of Maps, at pages 37-A.and 38-A, Butte County Official Records, more particularly described as follows: EXHIBIT A 1 2 3 5 6 7 8 to 1Z 12 13 1~ 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Commencing at the most westerly corner of said Lot 149, said corner) being on the centerline of G1ive Highway (formerly Groville- Forbestown-LaPorte Road) on a 1000 foot radius curve (radial line to said curve at said corner bears N 24°19'34'°E); thence south- easterly along said centerline of Clive Highway, along the arc of said 1000 foot radius curve, concave to the south, through a central. angle of 14°45')5",an a-rc length of 257.51 feet to the most southerly corner of that certain parcel of land conveyed to John S. Filipiak and Betty Filipiak by deed recorded July 3, 1964, in Book 1323, at page 220,•Butte County Gfficial Records, (radial line to said curve at this point bears N 39°04'49"E); thence leaving said centerline of Glive Highway N 5319'24«F along the southeasterly line of said Filipiak parcel 30.91 feet to a point on the existing northeasterly right of way line of said G1ive Highway (60.00 feet wide) and the true point of beginning of. this description; thence northwesterly along the said existing northeasterly right of way line of Clive Highway and the arc of a non-tangent 1030.00 foot radius curve, concave to the southwest (radial line .to said curve at this point bears N 39°30'12"E) through a central angle of [;°10'01", an arc length o= 74.91 feet (radial line to said curve at this point bears N 35°20'11"E); thence leaving said existing right of way line N 17°31'21"W, non-tangent to said last-described curve, 40.31 feet; thence northeasterly along the arc of a non-tangent 1440.40 foot radius curve, concave to the north (radial line to said curve at this ',•ooint bears S 0°30'15p°W) through a central angle of 8°00'47", an ar Length of 201.39 feet to the said southeasterly line of the Filipiak parcel (radial line to said curve at this point bears S 7°30'32"E); thence :S 53°19°24'°~i7 non-tangent to said last- described curve, along the said southeasterly line of Filipiak parcel, 161.44 feet to the true point of beginning. 'Containing an area of 0.212 acres, more or-less. Together with underlying fee interest, if any, appurtenant to the above-described property in and to the adjoining public ways. E..