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HomeMy WebLinkAbout72-071BNo. 7 2 ~l( ~~ BE IT RESOLVED by the Board of Supervisors of the County of Bu~te, State of California, that said Board ~inds and determines and hereby declares, as follows, to wit: 1. That public interest and necessity require the ac- quisition, construction and completion by the Co~nty of Butte, of a publ.ic improvement, namely, a county highway known as Bruce Road Extension in the County of Butte, State of California. 2. That public interest and necessity require the acquisition for said improvementof the real property, or interest in the real property hereinafter described, together with a11 improvements situate fi hereon, and it hereby found and determined that the con- struction of a county highway is a public use, authorized by law, and that public interest and necessity require the construction of said improvements and the acquisition o~ said real property herein- af~.er described, and all improvements situate thereon. 3. Saic~ proposed publ.ic improvement is planned and located in a manne~ which will be most compatible with the greatest public good and the least public injury. 4. That the County Counsel of the County of Butte is hereby author~.zed and empowered as follows: (a) To acquire, in the name of the County of Butte, a fee simpJ.e es~ate or such necessary interests in a~d to the hereinaf~.er described real property, or interest in real property, and a11 improvements thereon by condemnation in accordance with the provisions of the Streets and Highways Code, Code of Civi.1 Procedure and the Constitution of the State of California, relating RESOLUTION AUTHdRIZING ACQi3ISITTON OF REAL PROPERTX BY EMINE[~iiT DOMAIN NECESS,ARY FOR THE CONSTRUCTION dF ,A COUNTY HIGHWAY, KNOWN AS BRUCE ROAD ~TENSION IN TIiE COUNTY OF BUTTE, STAT'E OF CALIFORNIA to eminent domain, to author~ze the auditor to pay from county funds the costs and consideration for such acquisition, and the auditor is authorized to make such payment on authorization. <b} To prepare and grosecute 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 acquisition. (c) To make application to said court for an order fixing the amount of security in the way af moneys deposited as said court may direct, and for an order permitting the County o~ Sutte 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 use. (d) To make deposit of such security out of proper funds under the control of the County of But~e, in such amounts as fixed and determined and in such manner as said court in which con- demnation proceedings are pending may direct, and the Au~itor is' authorized to make said deposit immediately upon the court making said order. S. That real property, or interest in real property, and/or improvemen~s thexeon, which the County of Butte is, by this resolution, authorized to acquire for said public improvements in £ee simple, is situate in the County of Sutte, State o~ Cali~ornia, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference as i~ set forth in ful~. PASSED ANB ADOPTED by the Board of Supervisors o~ the County of Butte, State of California, this 1$th day of April, 1972, by the following vote: AY~S: Supervisors Madigan, Maxon, McK~~lop, Reynolds, and NOES: None Cha'rman Gilman ABSF~3T : None D NOT VOTING: None ART GIL , airman o~ e . Board of S rvisors AT'FFS T : CLARK A. NELSON, Coc~n.ty Clerk and ex-of~icio C1erk of the Board By~ _ J ~.__._~ 17Si Mangmn Av~nw W A L7 E R B. ~ CL;co, CdFfemis ss926 R i M E S ~S~C. r.~ti~. (916) 3A11N4 CNII ENGINEERS 9 LAND SURVEYORS exieo wnwws February 14, 1972 BRUCE ROAD - CALIFORNIA. Pt1RK SUB, iTiQIT N0. 1 BENEDICT PARCEL TO BE ACQUIRED All that certain real property situate in the County of Butte, State of Galifornia, described as follows: COI~IMENCING at a 3//~" iron pipe marking Station No. 37 as shown on that certain map entitled, "Tt~*enty First Subdivision of the John Bidwell Rancho", filed in the Office of the Recorder of the County of Butte, State of California, in Map Book 7, at page G9; thence from said point and running along the Westerly line of Lot 3 of said Twenty Eirst Subdivision Sout[~ 29° ~4' 28" East 599.57 feet to the True Point of Beginning for the parcel herein described; thence from said Point of Beginning and continuing South 29° 44` 28" East 700,33 feet to Station No. 36 as sfiown on said Twenty First Subdivision; thence South 35° 26' 29" East 178.52 feet; thence South 00° 21` 28" East 159.00 feet to the Southeast corner of that certain parcel of Iand described in deed from H, Courtney Benedict and Dorothy Pond Benedict as joint tenants to H, Courtney Benedict and Dorothy Pond Benedict as community property recorded in Book 1560 at page 589, Butte County Records; thence along the Southerly line of said Benedict parcel South 89° 23~ 51" 4lest 26.83 £eet to a point on the arc of an 8I0 foot radius curve; thence Northwesterly along the arc of safd curve, whose tangent at this point bears North 09° 46' S9" West, through a central angle of 19° 57` 29" an arc length of 282.15 feet; thence North 29° 44` 28" FIest 423.26 feet to tne beginning of a 1240 foot ra3ius curve to the right; thence along the are of said curve through a c~ntral angle 14° 35' 34" an arc length of 315.82 feet to the p3~ace of beginning containing 0.916 acres, ~ ~ ~y~«~i ~G:~ lrla.x L. 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