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HomeMy WebLinkAbout75-025C%~. '; :; ;~x ~.. ~., . !G 'BOARD OF SUPERVISORS COtFNTY OF Bt3TTE STATE OF CALIFORNIA RESOLUTION N0. 75-25C FtESOLUTIaN AUTHORIZIN~ ACQUISITION OF REAL PROPERTY BY ENlINENT DOMASI3 NECESSARY FOR CONSTRUCTION OF A DRAINAGE DITCH IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of Californ3a, that said Board finds and determines and hereby decl.ares, as follows, to wi~: 1. That public 3nterest and necessity require the acqu~.sition, construction and completion by the County of Bu~te, of a pub].ic ~.mprovement, namely, a drainage d~.tch to conduct runoff water from a county road known as Pentz-Magalia Highway, and ad,jacent lands in Butte County. 2. That public interest and necessity require the acquis~.tion ~'or said improvement of the real property, or interest in the real property hereinafter descr3bed, together with all improvements situate thereon, and it hereby found and determined ~hat the oanstruction of a drainage ditch is a public use, authorized by law, and that public ~.nterest and necess3ty require the construction of said improvements and tihe acquisit~.on of said real property hereinafter described, and all fmprovements situate thereon. 3. Said pxoposed publ3c 3mprovement is p3anned and loca~ed in a manner whi.ch wil~ b.e most compat3.ble with the greatest public good and the least public ~.n~ury. 4, That Counsel for the County ot' Butte 3s hereby au~horized and empowered as follows: (a} To acquire, in the name of the County of But~e, a fee simple estate or such necessary interests in and to the hereinafter described real property, or int~rest in real property, and all ~.mprovements thereon by condemnation in accord- ance with tne pro~risions of the Code of Civil Procedure and the - ~.- Cons.~itution of the Sta~e of Cal3fornia, re~ating to eminent domain. (b) To prepare and prosecute for the County of Butte, such proceed~ngs in the proper court having jurisdiction thereaf, and make such deposits for fees and costs as are necessary for such ac~u~sition. (c) To make application ta said court far an order fixing the amount of securitiy in the way of monies depos3ted as sa3d court may direct, and for an order perm~tting the County of Butte to take immediate possession and use of said real property, or interest, or improvements in said real prope~~y, as a right-of- way for a drainage diteh for public use. (d) To make deposit o£ such security in such amounts as fixed and determined and in such manner as said Court in which condemnation proceed~ngs are pending may direc~. 5. That real property, or inter~st in real property, and/or improvements thereon, which the County of Butte is, by this resolution, authoriz~d to aequire for sa3d public improvements in fee simple is si~uate 3n the County of Butte, State of Cal~forn~a, more particularly described in Exhibit "A" attached hereto and made. a part hereof by reference as if set forth in fu~l. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, Stat~ of California, this 11 day Of ~February , Z975, by the follawing vote: AXES: Supervisors Cameron, McKillop, Richter and Chairman Ladd NO~S : None ABSEN~' : Supervisor d.1g NOT VO'i'ING : None " C irman of the Hoard of Supervisors ATTEST: CLARK A NELSON, Coun~y Clerk and ex-officio Clerk of the Board By ~..s~ ~ ~ ~ -- _ ___~_ -- -- _ _ , ~ _ _ _ . _~ i~s: ~.. ... . ::: ~ ~ A right=of-way far the purpose of oons~ructing.and main~aining • a drainage_.facility over a strig of.land fa.~teen (15) feet in . ~ taidth lying within a gortion of ~hat certain parcel af land described as Parcel Three iz~ Deed recorded August 15,1972 in Book 1777 at pages 75 and 76, Official Records of Butte Coun~y, . California and being also a portion of the North half o.f the . "Soutb,~west quarter of Seation 18, Township 22 North, Range 4 _ ~, . East; M.D.B. & K.,.the centerline o~ said fifteen ~oat wide parcei bei.ng more particularl.y described as follows. • Commencing at the center o£ said Section 18 and running thence' South 89°51' West-along tiie East-West centeriine of said Section - 18 a distance of 1.165.10 fest to the in~ersection with the -centerline of the Pen~z County Road; THENCE South 05°1.6' East along the centerline of said road a ' distance of ~.'18.10 feet; ~ TSENCE South 20°45' East along said center3.ine a distance of _ ~ ].Q20.9~ feet; ~ ~ THENCE Sou~h 89°43' West a distance~of 32.10 fee~ ~o t point in . the Westerly baundary line of said Pentz Couaty Road said point - bei.ng also the Nor-Gheasterly corner of the grantor's prnperty; ' ~ THENCE South 89°43' West along ~he grantor's.Norther~.y Iine a distance of 522.50 teet; fiSENCE Sauth OQ°I.7'. East along the~grantor's Westerly liae a~ " distance of 195.80 feet to a point on the Southerly line of the . North half of the 5outYiwest quarter of said Section 18; THENCE Horth 89°43' East al4ng said Southerly-li.ne a distance of 324.89 feet: ' ~.THENCE North a distance of I.5.00 feet; ~ ~ THENCE North 89°43' East a.dis~ance ot 7.50 feet to ~he True H Poin~ o£ Beginning of ~he centerlina of said fifteen foot wide strip herein described; THENC~ North a dis~ance.o~ 65.0 feet more or less ~o the~in~er- ~~act•ion •o~ sa~.d..cen~er~ine w-ith--~he-ce~s~~a-~f-~,*~°..Y~st~~ . _ ___.._-riatura3. drain. w~~ j . The at~ove descr9.bed right-of-way ~ontains 0.022 aores more or less. `- ~ °~,: . , ~ .' ~ : ~ ~ ~ ~ ~. ~: ~, ~, ,.:~ ~, _ . ,", EXH1B1't'~ ;~ £ __.... _......_ ~~~ i -...