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HomeMy WebLinkAbout69-018RESOLUTION NO. b9-LS BOARD OF SUPERVISORS 1 2 3 4 5 6 7 8 9 10 I1 12' 13 14 15 16 17 18 19 20 2Z 22 23 24 25 26 27 28 29 30 31 32 COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMATN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGEiWAY KNOWN AS STTMPSON ROAD IN THE COUNTY OF BUTTE, STATE OF CALTFORNIA 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: i. That public interest and necessity require the acqusiit ion, construction and completion by the County of Butte, of a public improvement, namely, a county highway known as Stimpson Road in the County of Butte, State of California. 2. That public interest and necessity require the acqusiit ion 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 irprovement is planned and located in a manner which will be most compatible with the greater 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 n real property, and all improvements thereon by condemnation in accordance with the provisions of the Streets and Highil*ays Code, Code of Civil Procedure and the Constitution of the State of California, relatir. to eminent domain, to authorize the auditor to pay from County funds the costs and consideration for such acqusiition, and the 6 7 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 auditor is authorized to make such payment on authoriza;tion. (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 fixi 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 fund 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 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 ADOPTER by the Board of Supervisors of the County of Butte, State of California, this 28th day of January, 1969, by the following vote: AYES:Supervisors Dunaway, wsden,Maxo , eynolds and Chairma NOES: None ~ McKillop ABSENT: None J J. ~ IL OP, airman o he ATTEST: to County Board of Supervisors CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board of Supervisors .~. Caw! ~ ~:~ ~-~ 1 2 3 4 S s 7 8 91 _._ to !'~ l1 12 13 i4 15 is 17 18 19 20 21 22 23 24 25 2s 2~ 28 29 30 31 32 'All that certain real 'property situate in the _ County of Butte, State of California, described as follows: A portion of Lot 21, as sho<<•n on that certain map entitled "Map of Watt's Gridley Colony," which map was recorded October 9, 1911, in Book 7 of Maps~at page 34, Butte County Official Records, and being more particularly described as follows: PARCEL A Beginning at the northwest corner of said Lot 21, said corner being at the intersection of the southerly line of Lot B with the northeasterly line of the Oroville-Marysville Road as said lot and road-are sho*.~m on said map; thence S 16°37' E, alone the ~•iesterly line of said lot, 670.00 feet; thence 1eav~ng said westerly line, RT 73° 23' E, 10.00 feet; :thence N 15° 02' W,, 435.00 feet; thence Z1 7054' W, 165.00 feet; thence parallel with the westerly line. of Bald Lot 21,' N 16°37' W, 58.04 feet to the ncr~:th line of said lot; thence west, ,along said north line, 49.07 feet to ,the point of beginning. Containing 0.359 acres, more or less. • PARCEL B Beginning at a point on the north line of the above said Lot 21, from z•*hich point the northwest corner of said lot bears west, 49.07 feet; thence leavir~ said north line and parallel to the westerly line of said lot, S 16°37'E, 58.04 feet; thence N 76°14' E, 153.16 feet to the easterly line of that certain parcel conveyed to Roy Mathews and Opal Mathews by deed recorded .April I5, 1963, in Book 1239, at $age 165, Butte County Official Records; thence W 16 37' W, along the easterly line of said Matheyis parcel, 20.00 feet to the northeast corner thereof; thence along the north line of said Mathe~rs parcel, and the north line of said Lot 21, W 159.64-feet to the point of beginning. Containing 0.137 acre more or less. Exhibit "A"