HomeMy WebLinkAbout74-020~ ..~ t,
RESOLUTION N0. ~4-20
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BOARD OF SUPERVISORS
COUNTY OF BUTTE~ STATE OF CALIFORNTA
RESOLUTION AUTT~TORTZTNG ACQUISITION OP REAL PROPERTY BY
EMINENT DOMAZN N~CESSARY FOR THE CONSTRUCTION OF A COUNTY
H~GHWAY ICNOWN AS SKY[dAY IN THE COTJI~TY OF SUTTE } STA~~ OF
CAL~FORN~1
B~ IT RESOLVED by the BOARD 0~' SUP~RVIS6RS o~' C[~e County of Butte,
State of California~ that said Board finds and determines and hereby decl8res,
as follows, to wi.t:
1. That public interest and necessity require the acquisition, const-
ruction and completion by the County of Butte, of a public improvement, namely
a County Highway known as 5kyway, in the County of Butte, Seate of California.
2. That public inCeresti and necessity requS.xe the acquisition for said
improvement of the real property, or intexest in the real groperty hereinaf~er-
described, togeCher with all improvements situate thereon, and it is hereby
found and determined Chat the construcfion o~ a County Tiighway is a publiq use,
authorized bq law, and ehat public interest and necessity require the con-
struction of said improvements and the acquisi.tion of said real property here-
i.na£ter-described, and ali improvements situate thereon.
3. Sai.d proposed public improvement is planned and located in a manner
which wi17. be most compatible with ~he greatest public good and ~he least
pr9.vate injury.
4. That the County CounseZ of the County of Butte i.s hereby authorized
and empowered as follows:
(a) To acquire, in the name of the CounCy of Butte, a fee si.mpJ.e estate
or such necessary interests in and to the hereinafter-described real gropexty, or
interest in rea7. property, and all improvements thereon by condemnation-in
accordance wzth the provisions of the Streets and Highways Code, Code of Civi1
Procedure and the Consta.tution of the State of California, relating to eminent
domain, to authorize the Auditor to pay ~rom Coun~y funds the costs and consid~
eration for said acquisition, and the Auditor i.s authorized to make such pay-
ment on authorization.
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(b) To prepare and prosecute for the County of Butte such proceedings
in the proper court ~aving jurisdiction thereof, and make such deposits from
County funds for ~eas and costs as axe necessaxy ~or such acquxsitzon.
(c) ~o make app~~catipn to said court for an order fixing the amount
of security in t~e way of moneys deposited as said court may direct, and for an
oxder permztting the County of Butte to take immediate possession and use of
sa~d real pxoperty, or interests, or improvements in said real property, as a
rzght o£ way fpr a public highway for public use.
(d) To ma~e 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 manner as said court in which condemnarion proceedings are pending may
', direct, and the Auditor is authorized to make said deposit immedia~e~y upon the
court ~aking said order.
5. The real property, or interest in real property, and/or improvements
thereon, which the County of 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 particularly described in Exhibit "A",
attached herato and made a part hereof by reference.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California at a regular meeting thereof on the 19th day
of February , 197 4, by the following vote:
AYES: Supervisors Camam n, Gilman, ~aaa, McKillop an.d Chairman Madigan
NOES: ~one
ABSENT: None
NOT VOTING: ~Fone ~
t
hairman, Board Supervisors
Countiy of Butte, tate of California
ATTEST: Cl.ax[c A. Nelson, County
Clerk and ex-offico C1erk
o£ the Board of Supervisors
By % . _ ~..~eIL~ Z r^/~
Clerk or Deputy
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E'}~IZ.piTT ttAll _
Batag a portion af I,ot ~c z~s sho~n aa the attip at *~e ~bdiv~aior. ax Se~ti.oz~ 22, T22N,
R,L~, 2•!D33~d~i, +~hich ~~ raas f~~.ed in the affice of the Reaarcier af tiis Ccunty of Butte,
S~~~e o~ Ga~i~or~ia, 1~*ay 13, 1926, in ~csck B of 1~Iags st I'ag~' 33 attd treiaS a~oz't~~t
o~: thaz certa~ p~rael of lazYd crnzac~ed to i+red P;Ft±~q et vx Ly de~d I'6~4TC~ed SLtZp ~r
~952, i~ ~3bak 1183 a~ page 693 Butte County O~y~.cfa~ RecQrda, taore partieularly des4
eribecT ss falloms: a pazce~. o~ land ~rQ.df3 feet in wid~h ~easured at ri~t angles to
gnd ly3n~ paraliel ~r~,t~ and saetthoas;.ezl~r Af rhe fnl3.owing-desczibed 7.~:ne:
Ca~r.encin~~ at ~ point on t~Ece centezlix~e of Sttqway gesi~na~~d as I~gin~er~s Stxstion
7'37:-fr$.74 t'.O.C., frsra ~ahich paiat t-~~ t,'+~st quartex eorner of said Section fk b~rs
S 0=33'43"F1, 9~2,7U femt; t~ence aarth~aste~ky aloag the are o~ a nan-t.~sng~ut 150~.00
faot ~ius cuxve, cm~ave ~ t~e scsuthn.a,st (radial ~.ine to ~3,d cu~te at this po3nC
bears N 34°?l-~ C!~"W~, thx+augh a centra2 au~3.~ r~£ 6°I2' ~.].", ~ d~.s~~mc~ C+~ 1.62.ta4 #~ex
ta ;~.gi~e~r"s St~tian 7i3~3i.~.4 L.£.3 thea~e tt &5°48'10"~, 153.88 ~eet ~p Erk;9.ze~x~~
Ststioa 71.b{-$SROF? and r~e ~GB ~TPt2' ~ B;GL'~IrTI~YG; thence N~iS°48~3.0'*~, ~34.00 ~2at
ta Er~ginee~Y~ Sta~ion 7I2-~~5.~0 ~.nd tha end os" the herein-describ~d Ii~:
Ca~tainiR~ a nek az~a o~ 0.024 gcs~, sanr~ or Isss, *_~ca~ »resQntly o~esi or o~EU~ied .
i~y the Cannty af Su~te. ~a~ett~ex with ~..~der].gi~; fine, izstarES~t, 4,f azs~rs ~~purtanant .
to ~he abcyve-d~sarib~d prcperty 3,~s uuc~ 't~x t.'~~ ~d~o~,a9.ng publ3c viay$e
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