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HomeMy WebLinkAbout68-091-O~ RESOLUTION N0. 68-~f 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 LUMPKTN ROAD IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA 3 4 BE IT RESOLVED by the Board of Superviso rs of the County of S 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- 8 ion, construction and completion by the County of Butte, of a 9 public improvement, namely, a county highway known as Lumpkin Road 10 in the County of Butte, State of California. 11 2. That public interest and necessity require the acqusit- 12' ion for said improvement of the real property, or interest in the 13 real property hereinafter described, together with all improvements 14 situate them n, 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 23 fee simple estate or such necessary interests in and to the 28 hereinafter described real property, or interest in real property, 2'7 and all improvements thereon by condemnation in accordance with 28 the provisions of the Streets and Highways Code, Code of Civil 23 Procedure and the Constitution of the State of California, relating 30 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. (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 acquisition. (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 10 11 12 13 14 15 Ls 17 18 19 20 21 22 23 24 2B 26 27 28 29 30 31 32 way for a public highway for public use. (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 Isaid order. 5. 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 as if set forth in full. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 18th day of June, 1968, by the following vote: AYES:S'~pervi.sors Runaway, Howsden, Mo o Act' Ch Pryde NOES : None ABSENT: Chairman Maxon . N,~ a'rman Butte County Board f Supervisors ATTEST: JESSIE ROGERS, County Clerk and ex-officio Clerk of the Board of Supervisors By ~ Deputy All that certain re al property situate in the County of Butte, State of California, described as follows: 2 3 10 11 12 13. 14 15' 16 17 18 19 20 21' 22 23++ 24' 2S 2B 27 28. 29 30 31 32 Being a portion of the west half of the southwest quarter of Section 14, T20N, R6E, MDB&M, more particularly described as follows: Commencing at the south 1/16 corner common to Section 15 and Section 14 of the above said township and range; thence along the section line common to said Section l5 and Section 14, S 2°13'50"E, 38.06 feet to the true point of beginning of the parcel to be herein described; thence leaving said section line, N 83°51'10"E, 110.57 feet; thence northeasterly along the arc of a non-tangent 385.00 foot radius curve (radial line to said curve at this point bears S 24°45"47 "E), concave to the north- west through a central angle of 60°39'58", an arc length of 407.65 feet; thence non-tangent to said curve N 14°53'03" W, 90.25 feet; thence N 2°39'171AFI, 60.38 feet to the northerly Iine of that certain parcel of land conveyed to Charles S. Delaney, et ux, by deed recorded June 23, 1947, in Book 422 at Page 369 Official Records of Butte County; thence along said no rtherly line of the Delaney parcel S 89°54'14"E, 97.48 feet; thence leaving said northerly line southerly along the arc of a non-tangent 470.00 foot radius curve (radial line to said curve at this point bears N 75°37'28"E), concave to the west through a central angle of 25°41'14", an arc length of 210.71 feet; thence non-tangent to the last said curve, S 4° 32'50" W, 56.73 feet; thence S 24°47'35"W, 112.68 feet; thence S 45°02'16"G7, 56.73 feet; thence southwesterly along the arc of a non-tangent 470.00 foat radius curve (radial line to said curve at this point bears S 51°43'33"E), concave to the northwest through a central angle of 26°57'46" an arc length of 221.18 feet; thence non-tangent to the last said curve, S 68°41'04"W, 151.19 feet to the above said section line common to Section 15 and Section 14; thence along said section line N 2°13'50"W, 120.39 feet to the true point of beginning. Containing 1.556 acres, more or less, of which 0.096 acre now lies within the existing Lumpkin roadway. Exhibit "A'"