HomeMy WebLinkAbout71-201~esoiution No.71-201
RESOLiTTION AUTHORIZING ACQU~SITION OF' REAL PROPERTY BY
II°IINENT DOMAIN NECESSAI2Y FOR THE CONSTRUCTION QF A
COUNTY HI~HWAY KNOWN AS SKYW'A`~ I~T THE COUNTY OF BUTTE,
STATE OF CALIFORNIA
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:
lo That public interest and necessity require the acquisition,
construction and completion by the County of Butte, o~ a public
improvement, namely, a county highway known as Skyway in the County
of But~e, State of California.
2. That pub~.ic interest and necessity require the acquisition
for said improvement of the real property, or interest in the real
property;.hereinafter described, together with a11 improvements
situate thereon, and it hereby found and determined that the con~
struction. of a county highway is a public use, authoxized by law, and
that public interest and necessity require the construction of
said improvements and the acquisition of said real property herein-
a~ter described, and alJ. improvements situate ~hereon.
3. Said proposed public improvemen.t is planned and lacated.
in a manner which. w'i11 be most compatible with the greatest public
gaod and the ].east public injury.
4. That~the County Counsel of the County of Butte is hereby
authorized and empowered ~s follows:
Ca) To acquire, in the name of the County of But~ee, a fee
simple estate or such necessary interests in and to the hereinafte~
described real property, or interest in real property, and all
improvements thereon by condemnation in accordance with the provisions
of the Streets and Highways Code, Gode of Civil Procedure and the
Constitution of the State of California, relating ~ro eminent domain,
to author9.ze the auditor to pay from county funds the costs and
consideration for such acquisition, and the auditor ~s authorized.
to make such payment on authorizationo
(b) To prepare and prosecute for the County of Butte, s~ch
proceedings zn 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 caurt for an order fixing`
the amount of security in the way of moneys deposited as said court
may dzxect, 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 o~ ~ay for a public
highway for public use.
(d) To make deposit of such security out o~ proper funds
under the control of the Courlty of Butte, in such amounts as fixed
and determined and in such manne~ as said court in which condemnation
proceedings are gending may direct, and the Auditor is authorized to
make said deposi~ immediately upon the court making sakd order,
S. That real property, or intierest in resi property, and/or
improvements thereon, which the County o~ 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 particuZarly described in Exhibit "A" and "B" attached hereto
and made a part hereof by reference as if set forth in full.
PASSED AND ADOPTED by the Board of Supex~visors of the County
of Butte, State of California, this 31st day of August , 1971,
by the following vote:
AYES: Supervisors Gflman, Madigan, Maxon, McKillop, and Chairman
NOES: None Reynolds
ABSENT:None
NOT VOTING:None
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the Board
t ,
5, airman o e
Butte C unty Board of Supervisors
.
By ~:~~ ~~-~r--
2.
_ ____ _ __ __ _.. .. ...... _
.~~,y Wtty ,a~~~
22
" ~ 57-2~.-15 & 16 ~~ _
F~Ii;EiL A. COLLIATS AND MARZE A. COLLIATS, HIS WIFE
Butte
!i ~ortion of the sontheast quar'ter o~ tha northeast quarter of Section 23,
T23T1, R;i,, N.DB~.~'~, and more par~3cularly described as ~o11oWS:
Corm:ez~ca.n~ at the east auarter corner of said Sectfon 23 ~nfl running V 0~
36'31'"l~T~ 111.~2 f~et to the TRUy POIN~' OI' H:~2r~IdII~IG~ thence iJ ~~~.5~2°i~s~r,
20/~087 foet; thenco norther7.y on the arc of a tangent 211,Q foot radius
curve concave to the east through a central ~ngle of ~~59~lL2'° for 1£6.56
seet to the no.rthezly linE of th~t property convayed ta I~1ea2 ~'~, ar_d t"arie
~. Collins anr3. 3.i~ed as percel one in tt~e deed dated January ~., 1965, and
r~cord~d in Book 135?_, pa~e ly55, Butte Co~nty Official Records; tLenee alon~
the sr~id northarly line of Collins property S 89°4~'2~."E, l~1,,.02 i'eet to the
east J.i.na of said Se:ction 23, e,eid point bei.r,~p the northeast corner of ~id
Collins propert5r; tk~az~ce S 0°3f~'37-"E along tha east line of ~id Section 23
to t~o T1iUy POIi~'i' ON E:~It~'riTNG.
"Togethor witi~ underlying fae iziterest, if any, appurtenant to the above-
deser~bed property a.n and to the ad~oining public ways."
E~CC,~TIIdG minerals and aining rights as reserved of record.
Containin.~ an erea of o22Z scre, more or less, .074 acre of whieh is pres-
ent~.y ownad or occup3od by the Caunty o~ Butte.
(~ .--~~_ ~ Q ~ EKHIBIT ~~A~~
~y~°
--- ---__- -___. __~___. _.~_.._ __...._ _ _ _
~ ~ .
~'r~.~tnl 5I261_7Q-1 _
2lF
57-• I-°? 3
Ir ~.4L ~„ CULLIP;~ A.PS~ NAF?$~ A. C~L~,xYI;~, ~S bJII`~
~3u'Gt c:
A~r.~t#.oz~ n£ the ~sutche~~ qt~rtc~r of the aaxtYa~m~ cZuartsr o:~ ssc~t3o~s 2~s
T.?3i;e ~i3~p T~9u~'~"~,y ~a~cri~'~s~ ~~ .~o~ios~G~
C~~,..ex~cinr at '~I^z~ aast qu~ar~nr corne~r oi ~.acLion .'.3 ~nd ru~n5.nu N 0~3~'31~
'r, 73fl fcn~ 2~a ~ho ~id:s' k'QTI,i Cr ~::~Itr•YI::'Gy t~~s~c~ kY ~9°4~3~~"l~s t,~.31 ~~€st '
to n~nin~ or. e nox~.t~rr~r.t ctiu-va ~x34~.II~. Y?~RPfIYQ,, '6C ~a9.~. ctar~ra a~ k.~5.~
~~air:t brn~rs ~a r';Ci'iCi~G'?":.)g ti~e~cca neifi~ierly ora ~'~~ r~rc of ~?.].4a ~~ot rRii.~u~
a~a~ve aoncnv~ tn 'Lhe ta~.:rt. tli.ou~h ~ c~n#:re~J, ttr.~~e o~` Oo5~~2~-}n, an r~rc c~i~-
~tan~e af ,~2.0~ fes~t t4 ~~~ nox°~h I3.~s at th,~at e~ax~~in pas~c~~. 1.3~'csrd ~e par-
ce~ ~ ia ~,k:a ~°.e~~~ ~e tle~l ~, ~a~i ~;~a°~~ i~. Cc~i~n~ r~aox~ded §.n ~ook 1r52,
cr~Ce !>~5, ~:i~~.~ Gau:~ty Uff°`.Ci~.l 1',eccx3ap th3~e a1vr.~ ~id no~tta 13~~ ~ C~9°
!~i f2~,f`~p 4Qa~.]. f`~~~G to thv a~rst l.fi~c~ a~' s~~~ ~~a~~on 233 ~~-~ ~o~?~t ~sl~~
tho x~or~theae~ corrdr of ~~~~i Go~.lins ~:~x°c~'!; ~~Snco aouth~r~g ~la~ ~s~.d
t~setton ~.~,n~ ~~.40 f~at to t~Z+~ ~'fti~w ~~?~~~~ C~ F~::~'x~I'd~~~h~.
Goi~tnia~in~ ara r}Y~~€, a~ 4.~~ :~crs, ~ao~~ o~ i~g~, a.021 ~xcr~ a~ ~hiclx 3.~ pr~~-
en~~.y v~aned oa aocup3.o~ by ~ho Caunt~ aP 13u~te.
;;~iCi~'1`S~,G ~in~rml t~n~ mir~1:~ ~5.~ht•~ rd~~+a^r~eQ a~' r~~cord.
~,w .~ j - ~ d I EXHTBIT ~rB~~
"°C~ '