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HomeMy WebLinkAbout71-021BE IT:RESOLVED by the Board of Supervisars of the County o~ Bu~te, State of Galzfornia, that said board finds and determines and hereby declares, as follows, to w~.t: l. 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 Canyon Drive in the County of Butte, State of California. 2. That public a.nterest and necessity require the acquisi- tion for said a.mprovemez~t of the real property, or interest in the real property hereinafter described, together witl~ all improvements sxtuate tnereon, and it hereby ~ound and determined that the construction of a county highway is a pub~ic use, authorxzed by law, and that public interest and necessity require the construc- tion of said improvements and the acquisition of said real property hereinafter described, and a11 a.mprovements eituate thereon. 3. Said proposed public ~.mprovement is planned and lacated in a manner which will be most compatible with the greatest public good and tne least public 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 tne County of Butte, a fee simple estate or such necessary interests in and to the hereinafter described real prope~ty, or interest in real ;p:roperty, and a11 improvements thereon by condemnat~on in accordance with the provisions of the Streets and Highways Code, Code of Civii Procedure and the Constitution of the State of California, relat- ing to eminent domain, to authorize the a.sditor to pay for RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY SY EIMINET DOMATN NECESSARY FOR THE CONSTRUCTION OF A GOUNTY HIGHWAY KNOWN AS CANYOl~T DRIVE IN THE COUNTY OF BUTTE, STATE OF CA~IEORNTA County ~unds the costs and consideration for such acquisition, and the auditor is authorized to make such payment on au~horiza~ion. (b) To prepare and prosecute for the County o£ 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 acqu~sition. (c) To make application to said court for an order ' fixing the a~aunt of security in the way of moneys deposited as said court may direct, and for an order permitting the County of Butte ta 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 iii which ' condemnation proceedings are pending may direct, and the Auditor is authorized to make said deposit immediateiy upon the court making. said order. 5. The real property, or interest in real property, a~d/or improvements thereon, which the County of Butte is, by this resolution, authorized to acquire ~or said public improvements in fee simple, is situate in the County of Bu.tte, 5tate of Californis, more particularly described in F.xhibit 4lAFl~ g~ached hereto and made a part hereof by reference as if set farth in full. PASSED AND ADOPTED by the Board of 5upervisors of the County of Be~tte, State of Cal ifornia, this gth day of ~'ebruar,y , 1971, by the following vote: AY~S: Supervisors Gilman, Madigan, Maxon, McKillop, and NOES: None Chairman Reyno7.ds ABSENT: None . ' NOT VOTING: None ~ ~ .~~ a. REY ~D , Cha irman o the Bu e County Board of Supervisdxs ATTEST: CLARK A. NELSON, County C1erk and ex~of£icio C~.erk of the Board ~. , . , ~ 3 Clarence G. Sturgeon Canyon Drive ' Project No. 27553-68-1 . Pazcel No. 9 A portion of' Lot 14 of Oroville-Wyandotte Fruit Lands, Unit No. 2, according to the Official Map thereof, filed in the office of the Recorder of the County of Butte, State of Califosnia, March 7, 1927 in Book 11 of Maps, at pages 11 and 12 and more particularly described as follows: Beginning at the northwest corner of said Lot 14, said corner being in the centerline of Canyon ~7rive as shown on said msp; thence N 8~°5~'22", along the north lina of seid Lot 11~ a distance oi 106.50 £eet'; thence aoutherly along the arc of a non-tangent /~~0.00 foot radius curve, concave to the southeast (radial line to said curve at this point bears N 50°30~05~~ W), tkxrough a central angle of 33°15'~b", a distance of 2co.98 £ee-t to the south line o£ tlnat certain parcel o~' land conveyed to Claren~e G. Stargeon and Alta ~. Sturgeon by dead recorded February 5, 1953, in Book 660 at Pag~ 202, Of~'icia~. Records of Butte County; ~hence S 88°57'22" 1d, aJ.ong said sou~h line, 53.6'i f::et to the said centerline of Canyon Drive; thence along said centerline the following t.:o courses: N Cl°56'06"L~', 200.03 feet; and i~ 52°07'55"E, b6.77 feet to the POINT Ok' E~INNING. Containing an area of 0.487 acre, mora or less, 0.188 acre of which lies with~.n the ~ exis~,ing righ~c of way of Car.yon Drive. ~ (Canyon Drive 27553-6~-3) 1/26/71