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HomeMy WebLinkAbout73-177C1 2 3 4 5 6 7 8 91 10 11 12 13 l~k 15 ' 16 17 18 19 20 2I 22 23 24 2S 26 27 28 29 30 31 RESOi,UTION N0.73-177 (e) BOARD OF SUPERVISORS COU~X OF BVFTE~ STATE OF CALT~'ORNIA RESOLtJTION AUTHORIZTNG ACQiFISSTZON OF REAL PROP~RTY BY EMiNENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS SKYWAY IN THE COUI3TY OF BUTTE~ STATE OF CA'LIFORNT~4 BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of Bu~te~ State of Ca].i.£oxnia, that said Board finds and determines and hereby declares, as follows, to wzt: 1. That public interest and necessity require the acquisition, const- ruction and completion by tE~e Coemty of Butte, of a public improvemen~, name~.y a Coun,ty Iiighway known as Skyway, in the County of Butte, State of California. 2. That public interest and necessity require the acquisition frr~~' said improvement of the real property, or interest i.n the real property hereinafter descxibed, tagether wi~h all improvemenfis situate thereon, and it is hereby found and determined that the construction o~ a County Highway is a public use, authoxi.zed by law, and Chat public interest and necessity require the construc- tion of said improvements and the acquisiti.on of said rea~. property hereina~ter described, and all improvements sieuate thereon. ' 3. Said proposed pub3.ic improvement is planned and located in a manner which wiZl be most compatible wikh the greatest public good and the ~I least private injury. i I 4., Tha~ the County Counsel o£ the County of BuCte is hereby authoz- i ized and empowered as fol].ows: (a) To acquire, in the name of the CounCq of Butte, a fee simple estate or such necessary interests in and to the hereinaftex-described real property, ar interest in real property, and a1Z improvements thereon by condemnation in accordance with the provisions of the Streets and Highways Code, Code o£ Civil Proceduxe and the Constitution of the State of Californis, relating to eminent domain, to authorize the Auditor to pay fram County funds the cos~s and consideration for said acquisition, and the Auditor is authorized to make such payment on aut[~orization. 32 1 2 3'~' 4 5 6 7! 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 2B 27 28 29 30 31 32 (b) To grep~re and prosecute for the County of Butte such proceeding in the proper court having ~urisdiceion Chereof, and make such deposits ~rom County funds for fees and costs as are necessarq for such acquisition. (c) To make applica~ion to said court for an order fixing the amount o£ security in the way of moneys deposited as said court may direct, and £or an ordex permitting the County of Butte Co Cake immediate possession and use of sa~d real property, or interests, or improvements in said reai pxoperty, as a right of way for a public highway for public use. (d) To make deposit of such secuXity out of proper funds under the conCrol of the County of Butte, in such amounts as fixed and determined and in such manner as said court xn which condemnation proceedings are pending may direct, and the Auditor is authorized to make said depos~t immediately upon the court making said order. 5. The real property, or intexest in real property, and/or improve~ ments thereon, which the County of $utte is, by this Resolution, auehorized [o acquire for said public impzove~ents in tee simple, is situate in Che County of Butte, State o£ California~ more particularly described in Exhibit "A1°~ attached hereto and made a part hereof by reference. PASSED AND ADOPTED by the Board of Supervi.sors of the County of Sutte, State of California at a regular mee~ing thereof on the 0~ th day of October , 1973, by tihe following vote: AYES: Supe.rviso.r.s Cameron~ G31men, Ladd, Madigau and Ghe,irman MoKi.l].np N0~3: Noae ABSEIV~: Noiie NOT VOTTNG: None . airman, Board of Supervisors aunty of Butte; 5tate of Cali~ornia ATT~ST; Clark A. Nelson, County Clerk and ex-offico Clexk of the Board of Supervisors ~ ~ By: Clerk or eputy -2- _ EXHIBIT '~Au ' __. Parce7. 37 Butte Being a portion of Lot 12 as shown on the map of Che Subdivision of Section 22, T22N~ R3~~ NIDB&M which map was filed in the office of the Recorder of the County of Butte, State of California~ Msy 13y Z926~ in Book B of Maps aC Page 33 and being a portion of{'those certain parcels of land conveyed to GLENDON M< CLARK e~ux by deed recorded Jane 4, 1973, in Book 1840 at page 54 Butte County Official Records, more particularlq described as follows: A parcel of land 4d.00 feet in width measured ae right angles to and lying parallel with and southeasterly of the following~descri6ed line: Commencing at a poi.nt on the centerline of Skyway designated as Engineer's Station 642-F54.26 P,O.C.~ from which point 8 2-inch iron pipe marking Che poinC of intersectiott of the westerly ].i.ne o~ the old Neal Road with the northerly line of ILot 11 as shown on said subdivision map bears N 52°43'43" W; 24.63 feet; thence southwesterly along said Skyway centerline on fhe arc of a non-tangent 40Q0.00 foot radius curve concave to the northwest (radial line to said curve at this goint bears S52°43'43"E), through a centrai angle of 0°39'S3", €or ~+6.41 feeti; tihence S37°56`1Q"W, 287.85 feet to ~ngineer's StaEion 639-F20.00 and THE TRUE POINT OF BEGINNII~G; thence S37°56'10"W, 105.00 Eeet to ~ngineer's Station 638+15a00 and tihe end of Che herein-described line. ConCaining a net area of 0.024 acre, more or less, not presently owned or occupa.ed by the County of Butite. Parcel 26 Butte Seing a portion of Lot 11 as shawn on the Map of the Subdivision a~ Sect~on 22, T22N, R3E, rIDB&M, which map was filed in the office of t€~e Recorder o£ the County of Butte, State of Caiifornia, May 13, 1R26, in Book B of Maps at page 33 and bei.ng a portion of that certain parcel of land conveyed to Robert E. Punteney et ux by deed recorded February 1, 1950, in Book 531 at page L04, Butte County Official Records, more patticularly described as follows: A parcel of land 40.00 feet in width measured at right az~g7.es to and lying parallel with and norChwesterly o£ the following described Iine: Commencing ati a point on the centerline of Skyway designated as Engineer's Stationi~6t~gf5.45:26 POC, from which point a two~inch iron pipe markzng the point of intersection of Che westerly line of the old Neal Road with the northerly line o£ Lot 7.I as shown on said subdivisian map bears N 52°43'43"W, 24.63 feet; thence southwesterly along~.s~id Skyway centerline on the arc of a non°tangent 4000.00 foot radius curve con.cave to the northwest (radia~. line to said curve at this point hears S 52°43'43"E) through a centrel angle of 0°39'S3" for 46.41 feet; thence S 37°56'l0"W 517.85 feet to Engineer's Statfon 636+90.00 and the TRUE PO~NT OF BEGiNNING; ehence continuing S 37°56'7.0"W, 80.dQ feet to Engineer's Station 636+10.00 and the end of the herein~described Line. Containing a neC area of O.Oi4 acre, more or l.ess, not gresen~ly owned or occupied by the County of BuCte.