HomeMy WebLinkAbout73-0901
xESaLU~zoN No. 7~-g,~
BOARD OR SUPERVISORS
. ~ _ rt,;
COUNTY OF BU'T~E~ STATE OF GALIFORN7A
2 RESOLTJTION AII'.tHORIZIIVG ACQUISZm~ON 0~' REAL P120PERT'Y $'Y
3 EMINEIVT DOMAIN NECESSARY FOR TIi~ CONSTRUCTIOi~T OF A. COUNTY
HEGHWAY KNOWN AS SKYWAY iN THE COLTiQTY OF BU1~E~ STATE OP
4' CALIFORNTA
5 BE IT RESOL~IED by the BOls.RD OF SUPERVISORS o€ thc County o£ Butte,
6 State of California, that said Board finds and determines and hereby declares,
7 as follows, to wit:
.8 l. Thafi pub7.i.c interest and necessity require the acquisition, const-
9. ruction and completion by the County of Butte~ o£ a publa.c imgxovement, namely
. 10 ~ County Highway icnown as 5kyway~ in':the Coun.ty of Bu~te, S~ate o~ CaT.ifornia,
11 2. That public interest and necessity ~equi.xe the acquisa.tzon £or said
12 improvemenC of tE~e real property~ or interest in the real pxopexty hezeina~te~
~3 described, ~ogerhet wiCh a17, improvements situate thereon, and it is hereby found
14! ~nd determined that Che consCrucfion of a Coun~y Highway is a public use, author-
15 ized by law, and that public inteYest and necessitiy require tE~e construction of
16 said improvements and the acquisition of said real propertp hereina£eer described
~~ and all improvements situate thereon.
18 3. Said pzoposed public improvemen~ is planned and located in a manner
19 ~hich ~aill be most compatible with the greatest public good and Che least privaCe
20 injury.
2~ , 4. That the County Counsel of the Gountq of ButCe is hereby auehorized
22 and empowered as follows:
23. (a) To acqaire, in the name of the County of Butte, a fee simple estat
24. or such necessary interests in and to the hereinafter-described real property, or
2g interest in real property, and a11 improvements thereon by condemnation:,in
26; accordance with the provisfons of the 5treets and Highways Code, Code of Civi7.
27 Proceclure and the Constitution of the 5tate of California~ relating to emi.aent
2$ domain, to auth.orize ~he Auditor to pay from County ~unds the costs and consider-
29 at~.on,£ox sa~d acquisition~ and the Auditor is authorized to make such payment
34 on authori.zati.on. "
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{b) To pregare and pzosecute fior the County of Bueee such proceedings
in the proper court having juxzsdicfiion thereof, and m3ke such deposits from
CounCy funds for fees and costs as are necessary for such acquisition.
(c) To ma~Ce application to said court ~or an order fixing the amount
of security in ~he way o~ moneys deposited as said court may direct, and for an
order permitting fihe County of Butte ~o take immediate possession and use of
sai.d zeal property~ or inCerests, or improvements in said real properky, as a
right of way for a public highway for public use.
(d) To make deposit of such securi~y out o~ proper funds under the
control of Che County oE Butte, in such amounts as fixed and determined and in
such manner as said court in which condemnatioxz proceedings are pending may
direct, and the Auditor is authorized to make saa,d deposit i~ediate~.y upon the
court tuaking said order.
5. The real property, ox interest in real property, and/or improve~
ments thereon., which the County of Buete is, by this Resolution, autihorized to
acquire for said pub].ic s.mprovements in fee simple, is situate in the CounCq of
Butte, Sfiate of Ca7.a.~oxnia~ more particularly described in ~xhibiC "A", attached
hereto and made a part hereof by reference.
pASSE- AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California at a regular meetiing rhereof on the 19th day
o~ ' June ~ 1973=by the £ollowing vote:
AYESp Supervisor Cameron, Gil.man, Ladd and Madigan
NOES: No ne
ABSENT; Chairr~an McKillop
NOT VOTING: N o ne ~
' Chairman, Boar o~ Supervisors
' County of Bu ~ State of California
ATTEST: Clark A. Nelson, County
Clerk and ex-offico C1erk
of the Board of Supervisors I
' By: ~~ ~ i~;GC~ ,'
Clerk or Deputy
A11 that portion of the northwest quarter of the northwest quaxter of Section 24,
T23N, R3E, MDM, described as follows:
Beginning at a point in the south Iine of the parcal o£ land described in the deed
fxom Edward W. Bockhop and ~~llian K, Bockhop to R. Grant C1ine and Bennie M. Cline
zecozded ~n the 0££ice of the Recorder of ButCe Countq in Book ~635 of Official
Records, at Page 700~ from whence the southwest corner of ~he norChwest quarter of
the northwest quarter of said Section 24, being also in said south line and marked
with a one°inch iron pipe tagged L.S, 2780, bears N 89°30'08"W' 17.67 feet; thence,,
from said point of beginning, from a tangenC ChaC bears N ~3°09'34"E~ northerly
145.02 feet along the arc of a curve concave tio Che wesC~ having a radius of 19b0.00
feet, through a cen~ral angle of 04°14r22" to a point in the north line of said Cline
parcel; thence along said north Iine~ S 89°30'08"E 42.66 feet to a point in the center-
line of the County Road known as Sky~,7ay; thence, along said centerline the following
two (2),courses: ~1) S 05°26'40°~, 14503~ feet, and (2) S~5°06'll"W, 0.44 feet; thence,
N 89°30`08"W, 58.96 feet to the point of beginning; containing 0.166 acre, more or less.
"Together with the underlyfng fee, if any, appurtenant to the above-described property
in and to the adjoining pu6lic ways.°
6/8/73
EXHIBIT °A"
Parcel No. 2
All that portion of the norChwest quarter of the northwest quarter of Section 24,
~23N, R3E, NIDM, described as follo~urs:
Commencing at the nor~hwese corner of said Section 24; thence, £rom sai.d point of
cemmencement, along tha west line of said Secta.on 24, S 00°35'37"E~ 1147.77 feet
to a point in the nox'th line qf the Bockhop property, as described in the Trus~ees
Deed recorded in Book 7.674~ at Page 166A~ Official Records of Sutte Countyg thence~
along said north line~ 5 89°50`08"E~ 20.59 feet to the TRUE POINT OF BEGINNING of
the parce7. descxa.bed herein; then.ce~ from said TRUE POINT OF SEGINNING~ along said
north line of the Bockhop praperty S 89°50t08" E, 40.59 feet to a point in the ex-
isting centerJ.a.ne o£ the Skyway; thence~ along said center3.ine~ S 07°15'23"E, 30.1b
£eet; thencey N 89°50'08"W, 42.66 feet; thence~ from a tangent fhat bears N OI°19~07"W~
ztoxthez7.y 30.02 £eet a7,ong tE~e arc of a curve to the left~ concave westerly, having
a radius of 1960.00 feet; through a central angle of 00°52'39" to the TRUE POINT OF
BEGINiVING.
"Together with the underlying fee interest~ if any9 appurtenant to the above-descrihed
property in and to the adjoining public ways."
A11 ehat portion of the norChwest quarter of the northwest quarter of Section 24,
T23N, R3E, NIDM, described as follows;
Seginning at a point in the existing centerline of Skyway, at the northeast corner
of the Whiting property, as described in the deed recorded in Book 17279 at Page 258,
Official Records of Butte County; thence from said point of beginning, along said
centerline and along the easterly boundary of said Whiting property, the followi~g
two (2),courseso (1) S 07°15'23"E, I12.73 feet, and (2) S 05°40'S9"E,.74.54 feet
eo the southeast corner of said Whiting property; khence, a~ong the south ~xne o~
said Whiting proper~y, N 89°50`08"W 40.59 feet; thence, from a tangent that bears
N 02°11'35"W, noxthwesterly ZS6.71 ~eet a~ong the axc ot a cuxve concave westex~y~
having a radius of 1960.00 feet; through a central angle of 05°27'29" to a point
in the north line of said Whiting property; thence, along sa~d noxth l~ne~ S 89°50'33"~
35.00 feet to the point of beginnzng.
"Together with underlying fee ~ntezest, i£ any, appuzte~ant to the above-described
property in and to the adjoining public ways,"
EXIiIBI'I.` ~rA~~
Paxcel No. 4
Al1 rhae portion of the nozthwest q~arter of the nortihwest quarter of Section 24,
T23N~ It3E~', MDM, descr9.bed as follows;
Beginning at a point in the west line of said Section 24, frout whence the northwest
corner o£ said Section 24, bears N 00°35'37"W 913.09 feet, said point also being
Iocated N 00°35'37"W 48,76 feet aiong said west line from the southeast corner of
the Ferguson property as described in the deed recorded in Book l578~ at Page 215,
0£ti.cial Records of Sutte County; thence, from said point of begixuting~ aI,ong said
west Iine of Section 24~ N 00°35'37"W 251081 feet to a point in the south 7.iae o£
the south E~alf of the northwesC quarter of the n.orthwest quartex o£ the northwest
quar~er of said Section 24; thence, along said south line, S 87°29`34"E 3.I6 feet to
a.poin~ in tihe existing centerline of Skyway; thence, along said centerline, the
fo].lowing two (2) courses: (1) S 08°56'22"E, 106.62 feet, and (2) S 07°15`23"E
196.78 feet to the northeast cornex of the Wi~i.ti.ng property as described in the deed
recorded in Book 1727, at Page 258, Offic9.a7 Records of Butte County; tE~ence, along
the tnorth ].ine of sai.d Whi.t~ng property, N 89°50'33"W 35.00 feet; thence~ from a
~angent that bears N 07°39'04"W, northwesterly 23.57 feet along the arc of a curve
concave westerly, having a radius of 3.960000 ~eet~ through a central angle of 00°41'20";
thence, tangent to sai.d cuxve, N 08°20'24"W 25.72 feet to the point of beginning.
"Together with underlying fee interest, if any, appurtenant to the above-described
property in and to the adjoa.ni.ng public ways."