HomeMy WebLinkAbout75-163xESO~.u~zoN ~vo . 75-163
BOARD 0~' SUI'ERUISORS
1 COUI3TY OF BU'i'TE ~ 9TATF OF' CAi~IFORNIA :
2 ~SOLUTION AU'i'$ORI2ING AC(~UISITiON OF REAL PROP~,'RTY BY
~dIN~NT DOMAIN N~'CESSARY FUR THF CONSTRUCTZON OF A COUNTY
3 HIGH~~VAY KNflWfF AS OROVILLy-QtTINCY HIGHP~'AY' #2756~-73-1 ZN
TI~IF~' COUNTY 4F BUTTE, STATE OE' CALIFOHNIA :
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BE IT RESOI,'U'E~ by the BOARD OF SUPERVISORS of the Coun~~Y.-of Butte~
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State of California> tkat said Board finds and de~ermines and hereby declare:
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as follows, to wit:
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1. That pub~.io interest arzd necessity requ~,re the acouisition,
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cons-~ruction and completion by the County of Butte, of a public improvement
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namely a County Highway know as Oroville-&~uincy ~tighway, in the Count of
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Butte~ State o£ California.
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2. That public interest and necessity require the acouisition for
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saitl iznprovement of the real property~ or interest in the real property
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hereina#'ter described~ together with all improvements situate thereon, and
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it is hereby found and determined that the construction of a County Highway
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is a public use~ authorized by law, and that public interest and necessity
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require the construction of sai.d improvemen~s and the acouisition of said
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real property hez~ea.nafter described, and all improvements situate thareon.
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3. Sai.d proposeci public improvement is planned and locat~d in a mann~
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wb.ich wi7.1 be most compatible with the greatest public good and the least
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private a.njury.
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4. That the County Counsel of the County oY Butte is herehy author-
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ized and empowered as follows:
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(a~ To acquire~ in the name of the County of Butte~ a fee simple
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estate ox such necessary interests in and to the hereir~a,fter-described'real
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propeaty~ or interest in real property~ and all improvements thereon by
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conde mnation in accordance with the provisions of the Streets and Highways '
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Code, Code of Civi1 Procedure and the Constitntion of the State of Californi
relating to eminent domain, to authorize the Auditor to pay' ~'rom County fund.
the costs and consideration £or said acquisition,and the Auditor is author-
ized to make such payment on authorization.
(b) To pr~pare and prosecu~Ee for the County of Butte such proceeding
i n the proper court having jurisdiction thereof~ and make such deposits
from County funds for fees and costs as are necessary for such acquisition.
(c) To make application to said court for an order fi~ci.ng the
amaunt of security in the way o~' moneys deposited as said cour~ may direat~
and for an order permitting the County of Butte to take immed~ate possession
and use of said real property~ ox interest, or improvements in saa.d real
propexty~ as`a z'ight of way for a public highway for public use.
(d) To make degosit of such security out of proper funds under the
control of the County of Butte, in such amounts as fixed and determined
and in sueh manner as said court in which condemnation proceedings are
pending may direct, and the Auditor is authorized to make said deposit
immediately upon the oourt making said order.
, 5. The real property, or interest in ~eal property~ and~ar improve-
'ments thereon, which the County of Butte is~ by this Resolution, authorzzed
!to acquire for sai~ public improvements in fee simple, is si.tuate in tha
ICounty of $utte, State of California~ mor~ paTticularly described in Exhibit
".A" &"B", attaehed hereto and made a part thereof by reference.
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PASSEA A.ND A7~PTED by the Board of Supervisors of the Count,y of
Butte, State of Cal.ifornia at a regular meet~.ngthereof on the ~${~h _
day of hJovember ~ 197~~ by the following vote:
AYES: Supervisors Cameron, Madigan, -v1~Killop and Chairman Ladd
NOES: ~ne
ABSENT: Supervisor Richter
NOT VOTING: None
ATTEST: C]ark A. Nelson~ County
Clerk and ex-offico Clerk
of the Baard of Supervisors
By : ~.~4 ~~ ~2" `."~-~.
Clerk or Deputy
airman, Board of perviso
County of Butte~ State of Ca7.ifornia
Oroville-~uincy Highway
27561-73-1
Parcel 27
E7rhi~it ~~A~~
a por~ion of southeast quarter of Section 32> T21N~ RS~~ MDM~ and a portion of
tha-t parcel of land conveyed to ALISON BOEHM by deed January 22, igb5, in Book
1355~ Aage 467, Butte County Official Records, more particu].arly described as
followss
Baginnzng at the northwest corner o~ that parcel of land conveyed to the Sta~e
of Cali.~'ornia by daed recorded March 22, Z962, in Book 13.70 at page 613~ Butte
County Of~ie~al Records, and maxked by a four-inch b~ four-inch concrete monument
with State of Galifibrnia, Diva.sion of ~'orestry brass cap; thence Nb5°14'40"W,
24oq2 feet to the centerline of Oroville-~,uincy Highway as e.xisting Jaouary 1975i
thence along said centerline ~fie foliowing courses and distances: I324 45'2Q"E,
142017 feet; N39°35'17"~v ~69~~0 feet; N27°49'3g°E> 46~.00 feet; N35°33'44"~-.
271.67 feet~ rT23°47'59"~~ 25~•~8 feet; IF18°15':~4"E~ 300.10 feet; N22°26'34"~~
199.08 feet; N77°10'[~.6"E~ ~'j~8.47 t'eetq AT21°4I'2~2'rP~ 100a09 feet; Nlq.~51'3I"Es
166016 feet to t~e north line of said southeast ouarter; thence leaviro~g said
cen-~erline 88~°07'47"E a].ong said noxth line, 39.8g feet; thence S39 5$'~7"K'~
25.~9 feet; thence S~.7d09'26"W~ 100.gQ ~'eet; thenee S5°50'S3"IFI, 50.9$ ~eet; thence
820 Ol' 09t°W, 100.12 feet; thence S16 12' 08 "W~ 60. bl feet; thence S11 2¢' ~.1 "VP~
40.~2 feet; thence si7°o9'26t'W~ 50.Og feet; thence 511°28'31"ZV~ 50.12 feet; thence
~17 09'26"W, 228.10 feet; thenc~ S19 06'13"W, 206.16 feet; thence S21°03'00"W~
563.52 feet; thence S25°19'43"W 109e67 feet• thence s37°5o'~~"~~ 43•99 ~eet;
thence 533~01'34"~'~ 858•23 ~ee'~i '~hence S30alq.'30"tN, 173.30 feet; thence
S24°32'¢2"~~ 64.85 feet ~o the north line of said S~Eate of California parcel;
thence ~r85 43'53"~~ along sa~.a nox'th 1ine~ 9.'j6 fee~ to -Ehe point of beginning•
Contairiin,; an area of 2•2~8 acres, more or less of whic3i1.~b0 acres~ more or 1ess,
now lies within the existing xight of way of ~roville-C~,uincy Highway. Net a~res
0.648.
Together with temporary access to construct the following improvemen~s at desi~n-
ated locations=
DrivewaYs :
50' righ~ ~rom Fngineers Station 376+00 to 378+55 and 40' right £rom Engineers
Station 379+50 to 380~25 and 55' right from Engineers Stati.on 380+50 to 38i+75r
50' right of Ez~ineera Station 35$+15 to 358+45 for the purpose ot' eonstructir~
or improvir~; driveways to a public highway and accomplishing aZ1 necessary
incidents thereto.
Retaining Wall
30' xight from ~ngineers Station 379~50 to 381+50 far ~he purpose of constructing
retaining wa7.1 adjoining a public highway and accomplishing all necessamy`-~~ld~nts
there~o.
aroville-~:~uincy Highway • ~xl~ibit ".A" Page 2
z75&1-73-1
. Parcel 27
Exhi,bit "_~" contin~zed
praina~e Facilities
40' right from Engineers Station 361+'j0 to 3ta~ion 362+Z0~',Sta~ion 366+50 to
Sta~ion 366+90, Station 371+25 to 5tation 371~75~ Station 379+75 to Station 380+50,
50'' right 376t40 to 376+70~ for the purpose of oonstructing drainage facilities
and accomplish~ng all necessary inciden~s thereto.
Construct Draina~e Pacilities and Accomplish Neees_sar~_Channel Clearing
6Q' right from Engineers Station 35t}+50 to S~ation 355+?5'for the purgose o£
aulvert extension, headwall construction~ cleara.ng of channel and accomplishin,
aZl necessary incidents thereto=
~~¢~~l~g-~,uincy Highway
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Parcel 35
E~hibzt "B"
A pox~tion o~ northwest quarter of Section 33, T21N, R5~', MDM, ~aore particularly
described as followss
Commencing at the northwest corner of said Section 33; thence N8$°25'08°E, along
the north ]~ine of said Section 33, for 8~005 feet to the ~'rue Point of Be~inning;
thence N88~25'08"E, 12.44 feet; thence S9 13.'48"~, 8~.03 feet; thence S14 54'26"E,
50.25 feet; thence S9dI1~[~8"E~ 50.00 feet; thence 53 54'll"E, 49.66 feet; thence
S10°l4'35"E, 191.'~8 £eet; thence S88o25'08°~N, 15.9¢ ~'eet; thence N13 45'S2"~'~
216a75 thence N4°36'¢7."W, 210.37 feet to ~he ~'rue 1'oint of Beginning.
Containing an area of 0,:223 etcre~ more or lesso