HomeMy WebLinkAbout71-024RESOLUTION AUTHORIZING ACQUISIT~ON OF REAL PROPERTY BY
EMII~IIIJT DOMAZN NECESSARI' FOR 'THE CONSTRUC`TION OF` A
COUI~]TY HIGHWAY KNOWN AS CANYON DRIVE IN TfiE COUNTY OF
BUTTE. STATE OF CALTFORNTA
BE IT RESOLVED by the Board of Supervisors of the County of
Btxtte, State of California, that said board finds and determines and
herebq decJ.ares, as follows, to wit:
1, That public interest and necessity require ~he acquisition,
construction and completion by the County o~ ~utte, of a public
improvement, namely, a county highway known as Canyon Drive in the
County of Butte, Sta te of California.
2. Th.at pub7.ic interest and necessity require the acquisi-
tion for said improvement of the real property, or interest in the'
real property hereinafter described, together with a11 improvements
situate thereon, and it is hereby found and determined that the
construction. of a county highway is a public use, authorized by law,
and th.at public interest and necessity require the construction of
said i~np~ovements and the acquisition of said real propex~ty h~reinafter
described, and alI impro,vements situate thereon.
3, Said proposed pub].ic improvement is planned and located
in a manner which will be most compatible with the greatest public good
and the least pt~blic inju~.yo
~.. That the County Counsel of the County of Butte is he~eby
authorized and empowered as fo].lows:
(a) To acquire,:in the naan.e of the County of Butte, a
fee simple estate or such necessary interest in and to ~he hereinafter
described real property, or in~erest in real property, and all improve-
ments thereon by condemnation in accordance with the provisions of the
S~reets az~.d Highways Code, Code of Civil Procedure and the Constitution
of the State of California, relating to eminent domain, ~o authorize the
auditox to pay from County°funds the costs and consideration for such
acquisition, and ~he auditor is authorized to. make such payment on '
authorizationo
(b) To prepare and prosecute for the Cou~ty of Butte,
such proceedings in the proper court having jurisdiction thereof, and
make such deposits from Coun~y 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 depos~ted as said
court may direct, and for an order permittzng 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 useo
(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 sa~d court in which
condemnation proceedings are pending may direct, and the Auditor is
authorized to make said deposit immEdiately upon the court making
said order.
5o The real property, or int~rest in real property, an.d/or
improvements thereon, which ~he 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 o~' California, more particularly
described in Exhibit "A", attached hereto and made a part hereof by
reference as if set forth in ~~.ii.
PASSED AND ADOPTED by the Board of Supervisors of the Coun~ty
of Butte, 5tate of Cali~ornia, this 9th day of ~'ebruarv ', 1971,
by the fol.lowing vote:
AYES: Supervisors Gilman , Madigan, Maxon, Mc~{illop, a,nd
~p~s: None Chairman Reynolds
ABSENT: ~one
NOT VOTING: None ~ Q~~
~ 2~vYt.Y~~
ATTEST: ~
CLARK A. NELSON, County C~erlc and
ex-officio Clerk of the Board
By ~
~^ ~a
~l( ~.P i , ~ ~ ,
JERE; . REYNOLbS Chairman of the
B~tte~ County Board of Supervisors
v
2.
A.P. 34~04-77
. ~- Eacroca No. B-89096
_. " 47. 0. 1783
. Parcel 18
ROBE~.T L. SOIi~I
S
Butte
A po~:~s_ion af 7ot I2, as s[,ocrrt on tha~ certain a~n entiCled `bfficial Fiap of Oroville-
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of. t.,~ t;ocar:; a: L~u.".~~, S~~t~ of Cz:li£orri~t, on if=.rch 7' 1927, in Sbck 11 of ?fiaps, at
pagc=. il_aitd 1L, mo~e paxticulaxLy ciescribed as ~flllaws:
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Ai 53`"2'S~"T~, iZ5.41 te~t i:o ~he ~acs= nortn~ri;~ corn~c of ~tiae certair. purcel o:: ;.wnd
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S 34'i3'1s.5"~', r^loz~? th~ ^ortheaster3.y lir.e of. said Sahn ~^rc~l, 67.37 £ceL to a pr.int
on a non-L-a,f?~en~ 4f0.(3~3 foot rad~.us ctcrve, ce~;ave to it~c. .,....~heas~ (radia~. Iine ~.• said
aa ~ t~ ~ c,.~~..-,rtr,., t
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sourtn~asCexly ulong tf~e axc o£ said c~:r_ve tnrov~iz a centrnl, angie at 16°17'06" a distance
O~ L.~3.~'r~ ~=`t tn e~. p0'ltl~ Oi1 Cri.°. SC31~:1i~:2S~ 11'i~C Ul .idlil Lii:: le~.~ .~.~13 L1.IIe GClil~, i:ilc Sa~~
cente•~ iine of F',asC Street; t:~ence S 83°3~'S5"y~, 47.t35 fee~ to the TT'.UE POIIQT O;F L~GI~:r~ING.
Cc~.~taining z17 area o£ 0.652 acrP, u.ore or Less; 0.32b acre tat~ich 11.es a*ithin Chn exiatin~
Gany~n Drive xi~nt of wEy.
(Canyon Dr~.ve 27553-68-L)