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HomeMy WebLinkAbout68-198RESOLUTION N0, 68-118 BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DO1`~iAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS PALERMO ROAD IN THE COUNTY' OF BUTTE, STATE OF CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 acquisi- tion, construction and completion by the County of Butte, of a public improvement, namely, a county highway known as Palermo 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 improvements 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 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 hereinafter described real property, or interest in real property,' and all improvements thereon by condemnation in accordance with the provisions of the Streets and Highways Code, Code of Civil Procedure and the Constitution of the State of Calif ornia, relating to eminent domain, to authorize the auditor to pay from County funds the costs and consideration for such acquisition, and the 1 2 3 4 s 6 7 8 9 10 iY 32 13 14 15 16 17 18 19 20 21 22 23 24. 2S 26 27 2$ 29 30 31 32 I auditor is authorized to make such payment on authorization. (b) To prepare and prosecute far 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 acquisitiono (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 interest, 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 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 th.e County of Butte, State of Californi , 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 Count of Butte, State of California, thisl0 ~ day of December, 1968, by the following vote: AYES:Supervisors Dunaway, Howsden, NFcKillop, Pryde and Chairman I+Faxon NOES: None ABSENT: None L V2ViSLL Lo 1JClLYV1., +.a as ..~ -~~.. ATTEST: Butte County Board of Supervisors JESSI& ROGERS, County Clerk and ex-officio Clerk of the Board of Supervisors BY`-_ --~-~~~~ eputy 1 2 3 4 5 6 7 8 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 2B 26 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 Lots 2, 7 and 8 of Block 3 as shown on that certain map entitled., "Map of Villa Verona, Butte County, California", zrhich map was recorded in the office of the Rec°rder of the County of Butte, State of California, January l7, 1889 on Wall Map No. 12, more particularly desc- ribed as follows: Beginning at the intersection of the south right of way line of Monte Vista Avenue (V3 Road), with the easterly right of wa line of Palermo Road; as established by that deed to Butte County recorded November 21, 1968 in Book 195 of Deeds at page 106, Butte County Official Records; thence N. 89°02'32" E along said south right of way line of Monte Vista Avenue 15.02 feet; thence S 2°17'12"W 284.38 feet; thence southerly along the arc of a 3045.00 foot radius curve, concave to the west, through a central angle of 14°07'00", an arc length of 750.23 feet; thence S 16°24'12" W 253.92 feet to the south line of said Lot 8; thence S $9°00'26"W along said line 15.72 feet to the said easterly right of way line of Palermo Road; thence along the said easterly right of way of Palermo Road the following courses and distances N 16°24'12" E, 258.62 feet; thence northerly along the arc of a 3030.00 foot radius:curve, concave to the west, through a central angle of 14°07'00", an arc length of 746.54 feet; thence N 2°17'12" E 283.53 feet to the point of beginning. Containing an area of 0.444 acre more or less. EXHIBIT "A" Parcel ~~37 (Oroville Ranch Company) l 2 3 4 fi 8 7 8. 9 10 13. 12 13 14 15 18 1'7 18 19 20 21 22- 23 24 25 28 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 Lot 7, Block 5, as shown on that certain map entitled, "Map of Villa Verona, Butte County, California'', which map was recorded in the of fice of the Recorder of the County of Butte, State of California, January 17, 1889, on wall map No. 12, more particularly described as follows: Beginning at the southwest corner of Lot 14 of Oakdale Heights Subdivision Unit No. 3, which subdivision was recorded in said Recorder's office, July 15, 1957, in Map Book 22 at pages 35 and 36; thence N 89 00'12"E along the south line of said Lot 14, a distance of 5.01 feet; thence S. 2017'12"W 146.75 feet to the north ri~ht of way line of V3 Road} Monte Vista Avenue; thence S 89 02'32"W along said right of way line 15.02 feet to the existing east right of wa; line of the Palermo Road as established by that deed to Butte County recorded November 21, 1968, in Book 195 of Deeds at page 106, Butte County Official Records; thence N 2°17'12"E along said line 147.31 feet to the westerly extension of the said southerly line of Lot 14; thence N 89000'12"E along said line 10.01 feet to the point of beginning. Containing an area of 0.051 acre more or less. EXHIBIT "A" (Parcel 39 - Oroville Ranch Company)