HomeMy WebLinkAbout68-200is
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RESOLUTION N0. 68-~ G6
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 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
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 Roa
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 improvement
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 f ee
simple estate or such necessary interests in and to the herein-
after 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 California relating
to eminent domain, to authorize the auditor to pay from county
funds the costs and consideration for such acquisition, and the
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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
interest, or improvements in said real property, as a right of
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-
tion 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 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 fu11.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, this 10th day of December,
1968, by the following vote:
AYES: Supervisors Dunaway, Howsden, McKiJ.lop, Pryde and Chairman Maxon
NOES : None
ABSENT: None
ATTEST:
JESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Board of Supervisor~sp~-
B3~-,~rL--Eu;-~Q ~ ,~..~h: Deputy
~~~
DO L. MAXUN, Chairman owe
Butte County Board of Super visors
All that certain real property situate in the County
of Butte, State of Caiifornia, described as follows:
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Being a portion of Lots 62, 63 and 64, as said lots
are shown on that certain map entitled, "Official Map of
Oakdale Heights", which map was filed for record on
March 16, 1928 in Book 8 of Maps at page 23-A, Butte
County Official Records, more particularly described
as follows:
Beginning at an iron pipe marking the northwest corner of
Lot 24 as said Lot is shown on that certain map entitled,
"Map of Oakdale Heights, Unit No, 3", ,loch map was filed
for record on July 15, 1957 in Book 22 of Maps at page
35, Butte County Official Records; thence from said point
of beginning S89°00'12"W along the southwesterly prolongation
of northerly line of said Lot 24; a distance of 10.16 feet
to the northeasterly right of way line of Palermo Road as
shown on the said map of Oakdale Heights; thence northwesterl;
along said right of way line on the arc of a non-tangent
830.00 foot radius curve, concave tothe southwest (radial
line to said curve at this point bears N 78°46'25"E} through
a central angle of 7°28'26", a distance of 108.27 feet;
thence leaving said right of way line N 89°00'12"'E, 11.19
feet; thence southerly on the arc of a non-tangent 30.00
foot radius curve, concave to the southeast (radial line
to said curve at this point bears S 83°52'23"W), through
a central angle of 11°55'09", a distance of 6.24 feet;
thence southeasterly on the arc of a tangent 840.00 foot
radius cure, concave to the southwest, through a central
angle of 6 56'34", a distance of 101.79 feet to the point
of beginning. Containing an area of 0.025 acre, more or
less.
EXHIBIT "A" (Parcel ~~43 - Elmer L.
Morris & Maxine Morris)