HomeMy WebLinkAbout71-023BE IT RESOLVED by the Board o~ 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 comple~ion by the County of Butte, o~' a
public improvement, namely, a county highwaq known as Canyon Drive
in the.County of Butte, State of California.
2. That public intexest and necessity require the acqu.isi~
tion for said improvement of tkze real property, or interest in the
real property hereinafter described, ~ogetif.er with a11 improvements
situate thereon, and it is hereby found and determin.ed that the
construction of a county highway is a public use, aurhorized by
law, and that public interest and necessity ~equire ~he construction
of said improvements and the acquisition of said real property
hereinafter described, and a11. improvements situate thereon.
3. Said proposed public improvement is planned and located
in a manner which will be mos~ compatible with the greatest public
good and the least public irijury.
4. That the Cov.nty Counsel of the County of Butte is hereby
authorized and empowered as follows:
Ca) To acquire, in the ;name af the County of Butte, a
fee simple estate or such necessary interests in and to the hexeinafter
described real property, or interest in real property, and a11 improve-
ments thereon by condemnation in accordance with the pro~cr~.sions of
the Streets and Highways Code, Code of Civii Procedure and the Constitution
of the Stafi.e of California, relating to em~nent domain, to authorize the
auditor ro pay from County funds the costs and consideration for such
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RESOLUTION AUTHORIZING ACQUISITION OF REAL FROPERTY BY
EMINENT DOMAIN NECESSARY FQR THE CONSTRUCTION OF A
COUNTY HIGI-IW,AY KNOWN AS CANYON DRIVE IN 'FHE COiJNTY OF
~UTTE STATE 0~' CALIFORN~A
acquisition, and the auditor is au~ho~ized 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 acqu~sition.
{c) To make application to said court for an oxder '
fixing the amount of security in the way of moneys deposited as said
cour~ may direct, and for an order permitting the County of Butte
to take immediate possess~on and use of said real property, or interest,
or improve[nents in said real property, as a right of way for a p~blic
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
condemnation proceedxngs are pending may direet, and ~he Auditor is '
authorized to make said deposit immediately upon the court making
said order.
5. The rea~ property, ox interest in real property, and/or
improvements thereon, which~the County of Butte is, by this resolution,
authorized ~o 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
re~erence as if set forth in fu11,
~'ASSED AND ADOPTED by the Board of Supervisors of the County
of Bu6te, State of Calif~ nia, this qth day of Februarv , 1971,
by ~he following vote: _
AYES: Supervisors Gi.lman, Madigan, Maxon, McKillop, and
NOES: ~o~e Chairman Reynolds
ABSENT: None ,
NOT VOTING: None , _~ ~v~ J~-~
~~
JERE E~ REYNOLDS, arrman o t e
Butte~ounty ~oard of 5upervisors
ATTES'~ :
CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
By ~ , ~ ~ ~~
. _ _. _
. _ _~~~ [~ ,
. A.P. No. 34-04-7b
:
_ _ ~sorow No. B-83097
, _ _' W. 0. Na. I783
`. Parcel I9
PHYf.LIS J. SOIiId
g ,
Butte
A pov~tion of i~at 12, xs showa on thst certain ouip entitled "Officia~ i~1ap of the Oroville-
k~yan~~ ~t*e sr~z;.3: 7.~n~~~ linit iso. 2", which map was recorded in ~he of~i.ce o~ the Recorder
of ti:~ Conr~~~ of t3utte, State of Galifornia, on March 7, 1927, in Fook 11 of Nlaps at
pages lI ana ~.2, more particuiarly described as follow~:
Comme~cing at ~he mo:t westerly corner of ~aid Lor 12, said corner.being the in~ersection
of t=.._ e~:-z~,«~Lne oz East Screet wirE- the cer.Carline of Canyou Dr3.v~, as shoryn an said
tnap; t:hez!ce a~.ong the c~ntexline of Canyon Drive~ h 22°07`55"E, 346.b6 f~et; Chence
~' S3`~-2'S~"~, 125.J1 feet to the most wes~erly corner ofc that certain parcel of Zaiid
conv~.--°ed t~ Phy?Ifs J. Sohn be cieed recorded ~~bruary I.O, 1954, ir Book 1295 at nade
ti<50, ::uttc Go;:nty Oif.icinl ;~co~ds= end tha 2'RiJE POZ~?T OF LECT.~3i7IPiG; thence con'tzt.uinQ
alonr sai3 ceneer2ine of Cxnyon Arive N 53°2?`55"~, 2[r0.73 feet to ~he znp~t ror~h~rky
r_r,rne: c3r said Sohn parcel; thence leaving said Canyon Drive, 5 34°D~'S6"E, ~Ey.~9t1 ier~t
~:~- ~ pG].i<i. Oi~, a zan~~8i1~ZIlt li~Ffl.Ov ~ODti '~Sdt,¢S curve, concave CO CL"le ROTi.ii4ifSi. ~TaG~'..~~.
Ziti~ ±.o s~rici ce~:ve aC :,aid point bears 5 52°3R'13"~); thence south~aESteriy alon, tEie
rzra oi saici euYV~a ~h_!'OU~+,h-a ce~aCral an~~e of 16°02'08", a distance of 123.14 ieet;
~k.ence S S3°22'55 "~T, 102.30 feet; tfience eouthwesterly alorg tne arc of a tangant
G~'v0.00 ioov radius curv~e cnncave ~a Che sout~~east throu;n a cen~ral angle of 2°11'02",
a diotance o£ 17.53 feet; thence N 34°!3'46"Gf 67.37 feeC to the T12llE POiIv~ OF' BEGIIv'N~ING.
Containi.ng an axea of 0.354 acre~ more,or less, O.lbb a'cre of which lies within the
existing Qanyon Drive right of way. ~
(Canyon Drive 27553°65-1)