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HomeMy WebLinkAbout68-002RESOLUTION N0. 68-~ BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA 1 RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY 2 HIGHWAY KNOWN AS OROVILLE~QUINCY HIGHWAY IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA 3 ¢ BE IT RESOLVED by the BOARD OF SUPERVISORS of the County 6 of Butte, State of California, that said board finds and determines g and hereby declares, as follows, to wit: ~ 1. That public interest and necessity require the acquisition g construction and completion by the County of Butte, of a public g improvement, namely, a county highway known as Oroville-Quincy. 10 Highway, in the County of Butte, State of California. ~,~, 2. That public interest and necessity require the acquisition 12 for said improvement of the real property, or interest in the real 13 property hereinafter described, together with all improvements situ 14 ate thereon, and it is hereby found and determined that the constru 15 ction of a county highway is a public use, authorized by law, and lg that public interest and necessity require the construction of said 17 improvements and the acquisition of said real property hereinafter lg 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 public 21 good and the least private injury. 22 4. That the County Counsel of the County of Butte is hereby 23 authorized and empowered as follows: 2¢ La) To acquire, in the name of the County of Butte, a fee 25 simple estate or such necessary interests in and to the hereinafter 28 described real property, or interest in real property, and all 27 improvements thereon by condemnation in accordance with the provisi- 2S ons of the Streets and Highways Code, Code of Civil Procedure, and Zg the Constitution of the State of California, relating to eminent 30 domain, to authorize the auditor to pay from county funds the costs: S1 and consideration for said acquisition, and the auditor is authori- 32 Zed to make such payment on counsel's authorization. 11 2I 3 4 5 6 7 8 9 YO 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 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 acquisitian. (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 such real property, or interests, or improvements in said real property, as a right of way for a public ease. (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 order. i 5. The real property, or interest in real property, 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,, -and 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, this 9th day of January, 1968, by the following vote: AYES: Supervisors Dunaway, Howsden, McKillop, Pryde and Chairman Maxon NOES : None ABSENT : None ATTEST: JESSIE 120GER5, County Clerk and ex-officio Clerk of the Board of Supervisors air~~ man Butte County Board of Supervisors 32 By J ~~ Deputy 1 2 3 4 5 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zs 27 28 29 30 31. 32 All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of the southwest quarter of Section 8, T20N, RSE, MDB&M, more particularly described as follows: All that portion of the said southwest quarter of Section 8, bounded on the west by the centerline of the Oroville-Quincy Highway, as the same existed on November 1, 1967, and bounded on the east by~the following described line: Beginnizag at a point on the north line of said southwest quarter of Section 8, from which the west quarter corner of said Section 8 bears N 87°48'47" W, 1,089.47 feet; thence from said point of beginning S 34°22'33"E, 41.36 feet; thenc S 9°59'40"W, 100.50 feet; thence S 12°48'53"W, 202.24 feet; thence S 4°17'02"W, 212.97 feet; thence southerly along the arc of a tangent 1040.00 foot radius curve, concave to the west, through a central angle of 6°47'25", a distance of 123.25 feet; thence S 11°04'27"W, 773.84 feet; thence southwesterly along the arc of a tangent 840.00 foot radius curve, concave to the northwest, through a central angle of 16°57'03", a distance of 248.51 feet; thence S 28°01'30"W, 258.37 feet to the northerly line of that certain parcel of land presently owned by Lucille Haines and E11is A. Haines, as described in the second exception in the Trustees Deed to Fredrick 3. Weitkamp et al, recorded September 13,1967, in Book 1486, at page 445, Official Records of Butte County; thence N 89°59'09"W 36.25 feet to the northwest corner of said Haines parcel and centerline of said existing Oroville- Quincy Highway. Containing 1.820 acres, more or less, of which 0.895 acre now lies within the existing Oroville- Quincy Highway, EXHIBIT "A"