HomeMy WebLinkAbout70-116A, . ,
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BE IT RESOLVED by the Board of Supervisors of the County
of Butte, State of Caiifornia, that said Boa~d finds and determines
and hereby declares, as follows, to wit:
I. That p~blic interest and necessity require the
acquisition, construction and compietirn. by the County of Butte of
a public improvemen~, namely, the excavation and rein£orcing of the
hillside above a certain county highway known as ~he Orov~.lle-
Quincy Road near the Canyon Creek Bridge in the Coun~~r o~ Butte,
5tate of California.
2. That public interest and necessity require the
acquisition for said improvement of the rea1. property, or interest
in real property hereinafter described together with all improve--
ments situate thereon and right of entry thereto and it is hereby
found and determined that the pro~ection of a county highway is a
public use, authorized by law, and that public in~erest and neces-
sity require the construction of said improvements and the ac-
quisi~ion of said real property hereinatter described, and a11
impxove~nents situate thereon.
3. Said proposed publie improvement is planned and
located in a manner which-:wil1 be most compatible with the greatest
public good and ti7e least public injury.
4. That the County Counsel of the County of Butte, is
hereby authorized and empowered as follows:
(a) To acquire, in th.e name of the County of Butte,
a fee simple estate or such necessary interests in and
to the hereinafter described real proper~y, or interest
in real property, and right of entry there~.o and a11
RESOLUT~ON AUTHORTZIN~ ACQUISITION OF REAL P120PER'~'X
BY EMINENT DC}MAIN NECESSARY FOR THE PROTECTION OF A
COUNTY HIGHWAY, KNOWN AS THE OROVILLE~QUINCY
ROAA IN THE COtTNTY OF BUTTE, STATE OF CALIF'QRNIA
improvements thereon by condemnatian:.in accorda~ce with
the provisio ns of the S~reets and Highways Code, Code
of Civi1 Procedure and the Constitution of ~he State
of Ca~ifornia, rela~ing to eminent doma~n, ~o authorize
the auditor to pay fro~ County funds the cos~s and
consideration for such acquisition, and the auditor is
authorized to znake such payment on autho~ization.
(b) To prepare and prosecute for ~he County of Butte,
such proceedings in the pxoper court having jurisdiction
thereof, and make such deposits from County funds for
fees and costs as are necessary ~or such acquisition.
(c) To make applicatzon to said court for an order
~ixa.ng the amoun~ of security in the way of moneys
deposited as said court may direct, and for an order
permz.tting the County of Butte to take immediate
possession and use of said real property, or interest,
or improvements in said real property, as proper~y
required in order to protect a county road from ear~h
slide, and for an order permitting the County of Butte
~o gazn access to said real property.
(d) To make deposit of such security o~t of proper
' funds under ~he control of the.County of Bu~te, in
such amoun.~s as fixed and dete~mined and in such
manner as said court in which condemnation proceedings
are pending may direct, and the Auditor is authorized
to make said depasi.t immediately upon the court making
said order.
5. 'The real property, or ~.nterest in real property,
and/or improvements thereon, an.d righ.t of entry thereto which
the County o~ Butte is, by this resoluti.on, au~horized to acquire
for said public improv~ments in fee simple, is situate in the
County of But#e, S~ate of California, more particularly described
~.n ~xhibi.t "A~t, attached hereto and made a part hereof by
2.
reference as if set fort~ in full, and to have access over said
real property and to said real property over the priva~e right-of~
way designated in Exhibit "B", which is a~~ached hereto and
incorporated herein as if set forth in ~ull.
FASSED AND ADOPTED by;the Board of Supervisors of the
Coun~y of Butte, State o~ California, this 21st day of ~ 1uly,
1970, by the following vote:
AYES: Supervisors Howsden, Maxon, Reynolds,
McKillop and Chairman Dunaway
NOES: None
ABSENT: None
~/I ~J '(
(,X- L- • ,~(f L~Z ~~'~it_1 ~.~
0. N W Y, Chairman o
Board ot 5uperviso~s
ATTEST:
CiARK A. NELSON, County Clerk
and ex-officio Clerk of the
Board of Supervisors
By `-~t b
'iE F GCING INSTRUM~NT !S A,:~~E~T ~~~~
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h~zui •r.oads teauired bq ~€~e cantx^ci:ox ~l~z~ l be 4pproved F~y the En~fne~r
prio~• ta c4i*_s~ruek3.o~. '~f.a cnntr~cCor v~~11, be requ~.red to maintAin ~ny
exis~~~g ac~~:ss xo1:3 n.~ ~ri.+r~?~e proaexty ~~.ii^h is used ~~ contractor's
~orces ~nd s~i11 ~~~c~e 9l9Cki r~ada sr`: er er~~xy or e:~i~ of eqaz~c~~tit as
direc?:~d bj* the ~a~fre~r.
Th~ ;~~one~-t~ -~.~Yr~~ t~ ~.n t}~wU a~~~err;~~t ::h~~cii is tQ !;~ ~onv~:; ed to thc Coen~y i.s
al~ t ~~~ cer~. .<~ xL.:l ,r,~c~pex~y ai~up~:e ~.n tEsc C~~~y a£ ~utte~ Seate cf Califcrnia,
describ~d as :::_,~.3.or~s:
A n~rC~.on oi t_:-..~ no±-t:~a*~~st c~u~rtex~ nf aeetir~n 21, ~2Ci~, Z5L, ?~Fi~'3, raoYe pnrticul.arly
cia~~rib~d fla ~. ~1~-~~s:
~QC~.2~31C2F7;~ 13L' ?":? ri.^.i'~lti-)C,'3~ t:O~1121' Ol 3£3~.a u::.^.~~Qtt zt~ CiZL'SlC2 il V76S~1~?11-u c'1~.D=l,.^~ C`tt6
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e,~s~.F,:'~.y ~-,~,h~_ .:~ c,~,y ii.~:-W u:~ .::~2 Qrov:'tlle:-~::_~i,icy 2ii~€izi~~f G1.3.i;Y ~::~~ to the 1'x~iT~
P~i~':'T Of: ~'~~II.~~Ii?G; i.~;~nce ~.e.tvi~a~; c~ia ea~tc:<-Il ri~ .it ci erap 3.;_~~s~ :~ ~f°26'tF6"L
650.~0 =ee~.; t:,.er.c.? S:;~°I~S'r~~F~;;g ~,r,,~u ~e,~~; t_:~:~ae a ~i.°5?'?i'"', ~>~~).~0 ~eci• ~.o the
sni~l e_.ic;Cir~ :_.si~»rTy r-tgiit ~~'° ~.~~ llre o-_ ~:. ~ Urovi.! ~.e°C;u:~: c"s~ si>~s'it:•;~~Y; k~:er=ca a1an~
said ~ri.;zzt af •;lay l,~~e i3 12°s;t°~n~~trla 12Q.Ov :~ _I: and sd 21°32'32",~, 39a,=~0 feat ~o the
~r~u: ~.~t~ ~r Lr~~,:ax_~c.
Coata3~in~ an area of ~.22 ~CYC9y c~are ar le3s.
II~ ?72~2~^5S ?~IIi~_;^:OF, the p~rti~s h~v~ i:creunto set their sr.~~~s on the da~ a~d
y~ax firat herei.szeit~cnre ~rsitten. ~
~iiteess: Tti~;itt oE ~v"ay ls~ent
Attest: Clazk A. ~Ie23on~ Cotuirq Clerlc
Owklex Da Ce
Address
. Clerk os De~uiy
COU~d'PY 0~' Bt2TSL, Purchuser
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C[1~~1~~A9 ~Di1K~ af 5:~1~4~
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Ocmer llate •
Address
EXHIBIT "A"
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