HomeMy WebLinkAbout74-0171
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R~SOI,i7~T0I3 N0. 74-17
BOARD OF SUPERVISQRS
COiTNTY OF BUTTE? S~ATE Ok' ~AT,Ik'ORNIA
RESOLUTZON EIUTHORTZTNG ACQUTSxTT6N OF EASEMENTS BY
EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A
STORM DRAIN IN PARADISE IN THE COUNTY OF BUTTE? STATE
OF CALIFORNIA
BE IT RESOI,VED by ~he BOARD OF SUPERVISORS of Che CounCy of ButCe_,
State of California~ ChaC said Soard finds and de~er~aines and hereby declares,
as follows, to wit:
1. That public in~eres~ and necessi~y require tihe acquisiCion, consCruc-
Cion and compleCion by the County of Butte, of a public improvement, namely
a storm drain in paradise, in the County o£ Butte, State of California.
2. That public interest and necessity xequire the acquisition for said
improvement of the real property, or interest in the real property hereinafter-
described, together with all improvements situate thereon, and it is hereby
found and determined that the construction of a storm drain is a public use,
authorized by iaw, and that public interest and necessity require the construc~
tion of said improvements a~d th,e acquisition of said real pzoperty hexeina~ter-
described, and a11 improvements sftuate thexeozz,
3. 3aid proposed p~sblic improvement is planned and located in a man,n,er
which wi11 be most compatibJ.e wi.~h the greatest public good and the least private
injury.
4. That the County Counsel. o~ the County of Butte is hereby autharized
and empowered as fol.lows:
(a) ~o acquire, in the name of the CounCy of BuCte, a fee simple eatate
or such necessary in~erests in and to t[~e hereinafter-described real property,
or interest in real property, and aIZ improvements thareon by condemnation. in
accordance with the provisions of the Streets and Highways Code, Code of Civil
IProcedure and ~he Constitution of the State of California~ xelating to eminent
Idomain~ Co authorize the Auditor to pay fro[Et County £unds the costs and.consid-
eration for said acquisition, an.d the Auditor zs aut€~orized to make such payment
on authorization.
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(b) To prepare a~d pxosecute for the County o~ Butte such pxoceedings
in the proper court having jurisd~ction thereof, and make such deposits from
County ~unds £ox fees and costs as are necessary for such acquisition.
(c) ~o [nake apglication to said court for an order fixing the amount
o£ secuxity in the way of moneys deposited as said court may direct, and for an
order permitting the County of Butte to take immediate possession and use af
said real property, or interests, or improvements in said real property, as a
righC of way for a storm drain for pubZic use.
(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~ranner as said co~rt in which condemnation proceed~ngs aze pending may
~ra
direct, and the A~ditor is authorized to make said deposit immediately upon the
court making said order.
5. The real property, or in~erest in real pzopetty, and/or improve-
ments thereon, which the County o£ Butte ~s, by thxs Resolution, authorized to
acquire €or said public impx'ovements zn fee simple~ is situate in the Caunty of
Butte, State of Cali~ornia~ more particularly described in Exhibi~ "A"x
'a~tached hereto and made a part hereof by reference.
I PASSED AI3D ADOPTED by the Board of Supervisors of the County of
I$ut~e, State of California at a regular mec~ing Chereof on the 5th day
of February , 1974~ by t[~e following votee
AXES: Supervisors Cameron, Gi7.man, Ladd, McKiJ.lop and ~hai.rman Madigan
NOES; None
ABSENT: None '
NOT VOTING: None ~
hairman, Board of Su visors
. County of Butte~ State o£ California
ATTEST: C1azk A. Nelson, Coun~y
G1erk and ex-offico Clerk
of the Board of Supervisors
By: ~u~`+ '~~.'r
I Clerk or Deputy
32
EXH3BI~ r~Ar~
PARCBL A -- TONE POWERLT, ANA SANDRA POWELL
The property referred to in this agreement ~ahich is to be conveyed to ~he Counky
is all that cerCain real property.sztuate in the County of Butte, State of
Califoxni.a, describec~ as foll.otas:
~ The easterly 12 feer o£ Zot 7 in Blocic 8, as shown on the O~ficial Piag of ~
Paradise, BuCte County, Californi.a; ~ahich map was filed in the office of the
Recorder of Che County o£ Butte, State of California, on April 4, 1904, xn
Vo3.ume 4 of Maps at page 7. ~
YARC~L B-- WILLIAM KChINETT AND AGNES KUHNEN;
The property referred to in this agreament ~ahich is to be conveyed to the County is
all that certain real propezty situaCe in the County of Butte, State o~ Califoxnia,
described as follocas: •
' The easterly six feek of the northerly 80 feet of T.ot 2 in B7.ock 8, shown on that
certai,n map entitled "Paradise, Butte Counky California," whi.ch. map was filed in the
offi.ce of the County Recordez of the County o~ Butte, SCaL•e of Cala.~oxnia on Apri1 4,
1904, in Volume 4 of riaps at page 7.
PARCEL C-- JAMES L. DTtARE
The property referred to in this agzeement iahich is to be conveyed i-o the County is
a7.1 that certain real property situate 5.n the County of Butte, State o~ Califoxnia,
described as follows:
~ Parcel 1: The westerly six feet of Zot 3 in Block 8, as showcz on that ceztain map
entitled "Pasadise, Butte Coun'ty, California", which map was filed zn tt-e offz.ce of
the Recorder of the County of Butte, State of Calzfornia, on ApriZ r+, 1904, in ]3ook 4
of Maps, at page 7.
Parcel 2: $eginning at the southwesterly corner of said S,o~ 3; thence soutlierly, at
rig~r angles to the southex~.y line of said lot, ~0 feet to the center.7.i.ne o£ Qak
Street; thence westerly along.the centerline of Oak 5treet si.x fee1~; thence souther7.y
at right angles to said centeriznC:, 28 feet; thence Caesterly along a line parallel -
w3.th the northerly line of Block 7 of said map of Paradise, 7.i5 feet more or less to
the easterXy sideline"of the county road shown on said map; thence southerly along
said eastexly sideline a distance o€ 13.14 feet, moze or 1ess, to the northwes~
corner of Lot 5 zn ~lock 7 of said map; thence easter~y along the northerly line of
said Lot 5, a distance of 116.6 feet more or Iess to an intersecti.an wi.th fi~.e soul'lier3.y
prolongation of the westerly 7.i.ne o~ said Lot 3; thence continuing along tfie easeexly
prolongation o~. the last course, 6.00 feet; thence norEherly, para7,7.eJ. 4aS.kh the west-
erly line o~ said I.ot 3, a distance of SO feet more or less, to a point in t~he
s"ouYherly line of sai.d lot; thence ~aesterly 6.Q0 ~eet to the point of begin~ing.
I'A1tCEL A-- JOHN T. McAFEE AND G~VA McAE'EE
The property referred to in this agreement which is to be conveqe~d to ttee Coun.ty a.s
al.l that certain rea2 property situate in the Connty of Butte, State of Californa.a,
described as follows:
All that portion of Oak Stzeet and Chat portion of I.oC 2 in Bloclc S, as shown on
tihat certain map entitled, "Paradise, Butte County, California", whicll map was
recorded S.n the office of the Recorder o£ the County of BuCte, SLate of Calii'or.ni.a,
on ~pril 4, 1904, in Book 4 0£ Maps, at page 7, descx~.bed as fol7.ows:
L3 strip of land 6.00 ~eet in widCh lying adjacenC Co and westerly of the following;-
described ~ine:
Beginning at ttze pointi of intersection of the centerline of_ said Oalc Stizeet ~aith L'he
southerly prolongation of the easterly line of sai.d Lot 2; Chence northez'ly along
the said souther7.y prolongation and the easter3.y'J.ine of Lot 2, a distance o~ 100
feet to rhe northerly line of that ceztain parcel o£ ~and conveyed L-o Johit ~. McAtee
et ux, by deed xecorded October 1, 7.964, in Book I338, at page 1f68, BuCte County
Official Records. ~
.~. .:_..... __ _-- -
___ _ _ _-- .. ..-- - .
~I~age 2 T -
Exhibit ~~A~i
PARCEL E-'- ANNA Mt1E WH~ELER AND RUTH K. GLUNT
The proQerty referred to i.n this agreement which is tobe conveyed to the CourcCy is
all thaC certai.n real property situate in ttee County of $utte, State of Cali~ornia,
described as follotas:
Parcel 1: 7'he easterly 15 feer. of T.ot 2 in Block 2, as shown on that certain ma~
entitTed "riap o~ Chico Heights Addition to the Tot~n of Paradise, Butte County,
California^, tahich map was f9.J.ed in the office of the Recorder of the Connty o~
Butte, State of Califomia, on Navember 30, 1909, in Boolc 6 of Maps aC page 9~.
Parcel 2; Commencing at the southeast corner oE zok'2 herei.nabove referred tos
thence wester].y along the southerly 2ine of said Lot 2, a distance of ~5 feet to
the Saesterly ].i.xce of ~axcel 1 described herein and the TRU~ POINT 0~' B~GII3NING;
thence continuing toesterly along the said southerly line of T..ot 2, a dis~ance of
15.00 feet; thence northeasterly to a.poa.nt on the west-erly lin~ of said Parcel.~7.,
said point being distant northerly }.5.00 feet fzom the ~RUE POINT OT ~EGZNN~NG;
thence southerly i5.00 feet to ehe TRUE POINT OF PEGINN7NG,
PARCEL F-- LEONt1RD A, KAY AND ALICE A, KAY
Ttee properCy referred to in thi.s agteement cahich is tio be conveqed to ~he Coun'~y zs
a7.1 that certain real property situate Sux the County of Butee, Sta~e of Califar.nia,.
descxibed as follo~ss: .
Parcel ].: Tt~e wesrer7.y ].5 feet of Lot 7 in Block 2 as shown on t~lat eerL•ain
map entitZed "I4ap o£ Chico Heights Adda.tion to the Tossc~. of Paradise, Butte County,
Cali~orna.a," which Faap was recorded in the of~zce of the Recorder of But~e County,
Californza, on Nove~nber 30, 1909 an Book bof Maps at page 94. .
Parcel 2: Commencing at the norths~est carner of I.ot 7 hereinabove referred to
in parce3. 1; thence easterly along the northexly line of said Lot 7, a distanee of
15 feet to the easterly li.ne o~ said Parcel 1 and Che True Point oE Beginning;
thence continuing~easterly aiong the sai.d northerly line of Lot 7, a d4.stance of ~
15.00 feet; thence southwesterly to a point on the said easterly line of Pazcel 1,
from whick~ point the True Point of Beginning bears nor.ther~.y, 25,00 ~eet; thence ,
northerly;°25.Ob ~eet to the True Point of Seginning:
PARCEL G -- JAMES C. MTTTAG AND ROSELLA NI. ~IITTAG " "
~he properCy referred to in this agxeement which is to be conveyed to the County
is all that certain real property situate xn the County of Butte, State nf
Ca7.z£o~cnia, described as ~oiio~as: .
Parcel 1: Th.e easterly ZO €eet of Zo~ 4, Slack 3 of that cerfiain snap entitled -
"~Sap of Chico Heights Addition to Che xown o£ Perad£se, J3utke County, Ca13.~ornia",
which map ~aas fi.led a.~ th.e office of the Recorder of the County of Butte, State
of California, November 30, 7.909 in Book 6 of Maps ae page 94.
Parcel 2: Beginning at tfie southwesterly corner o~ Paxce7. I, described above;
thence northeaster].y along the toesterly 3.ine of said Parcel. I; ~ da~stance of 25
feez; thence sauthwestez~7.y in a straigh~ 3.ine to a point on the soutl~erly line
of said LoC 4,.hereinabove re~exred to, said point being clistant westexI.y 14.00 .
feet ~~om the Point of.. Beginning; thence easterly 14~.00 feet to ~he Point of
$egS.nning.
PARCEL H -- RUDY V. LIREI3S AI3D DTXIE L. LIKENS
The property re~erred to in Chis agreement sahich is to be conveyed to fhe County
is z11 Chat ceztain reai property situaCe in the County of Butte, StaCe of_
Caiifornia, descxibeH as follotrs:
The t7es~erly £ive feet of Zot 5 in BJ.ock 3, as shown on thaC cer~ain map entii~7.ed
"Pfap of Chico Aeights Addition to the~Town o~ Paradise, Butte County, Cal.a.fornia",
~xled in the offi.ce of the Recorder of Butte County, Ca7xfornia, September 30, I909,
in Soolc 6 0~ Maps, page 94.
page `3
`~xhib~`..t ,vAn _ _ . _ __ __ _ _ __.. __~.~_~~ .. ________ ___ ._ __ ._._..__..---._.__
PATZCEL I -- GORDON BARTH
The property re£erred to in t~zs agreement which is to be conveyed to the County
is all that certain real, propexty situate in the County of Butte, State of Cali-
fornia, described as folloeas:
A portion of Lot 11, B1ock 3 of Chico Heights Additi.on to the ~own o~ Paxad~.se.,
Map Book 6, page 94~, lying with.in a strip o£ 7.and }.5 feet taide, the northwesterly
and c~esterly sideline of which is described as fo1lo~~~s: '
Com~nencing at a poinC rahich bears N 84°35'20" W, 587.344 feet from the point o£
intersection of the cenCerline of Manzanita Street (Pearson Road) ~oith the
centerline of Almond Street per map of the ~ozan of Paradise recorded in Che oEfice
of the Recorder ot the County of Butte, State of California, on April 4, 1904,
in Book 4 of Maps at page 7, 0~£a.ci.a~ Records of said County, said point being
: marked by,a 3/4 inch iron pipe tagged LS 2843; thence N 65°4~'08"W, a diseance
of 17.37 feet to the True Point of Beginning of the sideline herein descxi.bed;
thence S 54°30'41"Ld, a distance of 64.83 feet; thence S 24°16'45~`W, a distance
o~ 94.10 feet to a 3/4 inch iron pipe tagged LS 2843 on the southerly line o£
said Lot 7.7.. .
The basis of bearings foz the above description is the centerline of Almond
Street between Fir Street anci Peazson Road, taken as N 24°I2'26" E.
PARCEL J-- ~I~T~N R. LEIDENBERGER AND INA LEIpENBERGER
The property re~erred to in tttis agreeiaent whzch is to 8e conveyed to the Coun~y
is aIl that certain real properey situate i.n the County of Butte, State of
California, described as follocos:
Parce7. Z: The westerly ffve feet o£ the easterly 120 feet of T.~ot 3, 13Zock 4, as
shown on that certain map of "Chico Heights Subdivision", tiled zn the o£fice o~
the Recorder of Butte County, Ca1i.£ornia, on November 30, 7.909 in Book 6 af Maps
at page 94.
Parcel 2: Beginn3.ng at the northeaster~y corner of the above-descri.bed Parcel 1;
thence south~aesterly a}.ong the easterly Iine o£ said Parcel, a dista~ce of 20 feee;
Chence northeastezly in a straighC line to a point on the noztherly J.i.ne of said
Lot 3, distant a7.ong said line, 10 feet southeasterly from the Point of Beginning;
thence nor~hwesterly along said northerly line of T.ot 3, a distance of 10 feee to
the point of beginning,
PARCEL K-- DONALD R. BAUER AND MAXINE J. BAUER
The property referred eo in this agreement which S.s to be conveyed ~o the County is
aT1 that certain real property situate in the County of Butte, S~ate of Californa.a,
described as follows:
parcel 1: The westerly 10 feet of the easterly 130 feeti of Lot 3, Sloclc 4, as shozm
on that certai~n iuap of Cttico Heights Subdivision of the Town of Paxadise, Butte CounL-y,
Califomia, which map was ~iled in the office of the County Recorder on November 30,
1909, in Sook 5 of riaps at page 94.
Parcel 2: Beginning at the southcvesCerly corner of parcel 1 described above; Chence
northerly along the westerZq line oi said parcel I, a distance of 50 feeC; L-I~ence
southwesterly in a sCraight line to a point on the southerly line ot said I,ot 3,
distant 20 feet westerly, measured along said l~ne, £rom i.he southwesCerly cornex
of said parcel 1; thence southeasterly a~.ong said souCherly line of Lot 3, 20 feet.
to the point of beginning.
.page-4
~~ Exh~.~bi~ `"A" ~ ~
PARCEL L -- JOHN P. FIGTJR~L AiVD MARY A. FIGURA
The property referred to in Yhis agreement which is to be conveyed to ehe County is
a1I that certain real properey situate in the County of Butte, Sta~e of Californ~.a,
described as follo~as:
P2xceZ 1: An easement for storm and sewer drainage in, over, upon and across thak
portion of Lot 6, Block 4 of Chico Heights Addition to the Tos~*n of Paradi.se, Map
$oolc 6, page 94, lying witkzitt a strip of Iand 25 feeC wride, the norfihwesterly side-
line of which is desczi.bed as follotas:
Begi.nning at a poinC which bears 5 6$°23`29"W 97.4.60 feat from the poinC of inter-
section of the centerline of Manzanita Street (Pearson ltoad) with L-he centexJ.a.ne of
Almond Street per map of the Town o~ Paradise recorded Aprz1 4, 1904 in the of[£ice
of Che County Recarder o~ Bntte County, California, in Book 4, page 7 0£ Maps,
Official Recorcls of said county, said point of beginning being marlced by a 3/4 inch
pipe Cagged LS 2843; thence S 29°T.5'S6"W, a distance of 264.05 feet to a 1/2 inch
pipe. T1~e sidelines o~ said strip are to be prolonged or shortened so as to .terminat-e
northerly in the norttc line o£ said LoC 6 and southerly in the soutl~ line of said
lot. Basis of beaYings in the above description is the centerl3.ne o£ .A,lmond Streeti
be~ween Pearson Road and Fir Street, taken as N 24°7.2'26"E, .
Parcel 2: B.eginning at the nartheast caxner of parcel one above; thence southeasterly
along the norCh l.ine of said ~ot 6, a dzstance of 10.00 feeC; Yhence southwesterly in
a sC.raight line to a point j.n, the southeasterly sideline of said parcel, one, said.
point being distant 3Q.00 feet, measured alon.g said sideline, irom ~he north line o£
said Lot 6; thence northeasterly along said sideline, a~isfance of 30.00 feet to the
point of beginning, ,
~'~~~ ~ -- RUTH P. COLLTNS
The property referred to in this agreement which i.s to be conveyed to the County is
all that cerCain real property situate in the County o~ Butte, State of California,
described as follows:
That portion of Lot 12 of the subdivision of Section 22, T22N, R3E; MDB&M per o~fa.cia~.
map of said sabdivision filed in the of£ice of the Recorder of ButCe County, Californfa,
May 13, 1926, in Volume "B" of Maps, page 33, bounded on the north by the sontherly
line of Olive Avenue, shown as [doodsida Adenue on the map of Chico Heights Adda.tion
to the Tawn of Paradise, recorded November 30, 1909, in the office of the Recorder of
Butte County, California in Map Book 6, page 94, bounded on the south. by fhe norther~y
right of way Iine of Southern Pacific Railroad and bounded on the southwest by the
followiag-described line:
Commencing at a point on the centerJ.i.ne of said 01ive Avenue, said point being distanL
southeasterly 475.Ob feet, measuxed a7.ong said centerline, from the centerline of
Neal Road; thence southzaestexl.y, at righ.t angles to the centerline o£ said Woodsi.de
Avenue, approx_imately 3f3 ~eet to the soufiherly boundary of Woodside Avenue and the
Txue Paznt of Beginning of the line herein described; tih.ence S 22°E, !+5 feet moxe or
I.ess to the said northerly right of way line o~ Soutihern Pacific Railroad.