HomeMy WebLinkAbout76-070.
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_' RESOLUTrOPT NQ. 76-7C
BOARD OF SIIPERV'ISORS
COUNTY OF BIITTE, STATE OF CALTFORNIA
RE,S~ILUTION AUTHORZZ]NG ACQUISITIQN 0F RF~ PROPERTY BY .
EMINENT DOMAIiV NECESSARY FOR THE CONSTRUCTION OE A COUNTY
HIGHWAY KNOWN AS OROVII,LE-QUINGY HTGH4dk1Y 27567.-75-1 IN
~,: ' xkiE COUNTY OF BUT'PE, STATE OE CAT,T.~'~RNZA
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3~ ; BE IT RE~OLV~D by the BOARLI OF SUPERVISORS of the CounCy of Butte,
.4 iState of California, that said Board finds and determines and hereby declaYes,
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follaws, to wit:
1. That public interest and necessity require the acquisition,
!cons~ruceion and completion by the County of Butte, of a public improvement,
namely a county highway known as Orovi.1J.e-Quincy Highway, in the Couney of
!BuCte, State of California.
2. Ttt.at public interest and necessity require the acquisi.tiion for
said i.mprovement of the real propezty, or interest in the real proper~y
hereinafter described, together with. a11 3.mpxovements s~tuate thereon, and
`it is hereby found and determined that the constructa.on of a county highway
;is a public use, authox'i.zed by law, and that public interest and necessiCy
require the constructi.oa of said improvements and the acquisieion of said
real property herei.naf~tex described, and all improvemenCs si~uate thereon.
3o Saa.d pxoposed public improvement is QYanned and Ioca~ed in a
manner which wi11 be most compat9.ble with the greatest public good and ~he
~'}least pxivate in~ury. ' ~
4, That the County Coun.sel of the County of ~utte is hereby autho-
'rized and empowered as fo7.7.ows:
(a) To acquire, in the name o~ the Couztty of Butte, a fee simple
,estate or such necessary interes~s a.n axzd to the hereinafter-described real
property, or interest in real property, and a1J. i.mprovements thexeon by
condemnation in accordance with the prova.s9.ons ofc the Streets and Highways
Code, Code of Civi1 ~'rocedure and the Consti.tuti.on o~ tfie State of California,
:re7.ating to eminent domain, to authorize ehe Auditor to pay from County funds
1 the costs and consideration €or said acquisition, and the Aud~~or is auCho-
2; "rized to make such payment on auehorization.
3' (b) To prepare and prosecute for the county ot Butte such proceedings
4: in the pxoper court having jurisdiction thereo£, and make such deposits from
$ County funds for fees and costs as are necessary tor such acquisition.
g` (c) To make application to said court ~o~ an order fixing the amount
7'of security in the way of moneys deposited as said court may direct, and for
$!an order permitting the CounCy o~ Butte to take i~ediate possession and use
9 of said real property, or interest, or improvements in said real propexty,
10 as a right o£ way for a public highway fior publzc use.
I1 : (d) To make deposit of such security out o~ pxoper funds under Che
12 :con~rol of the County of Butte, in such amounts as ~zxed and determined and
13 .~n sncn manner as said court in which ^~o~demnat~on proceedings are pending
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14 ;may direct, and the Auditor is authorized to make said deposit immediatiely
15 `upon the court making safd ordes.
16 ` 5, The real property, or interest in rea1, pxoperty, and/or improve-
17 !ments thereon, which the County of Butte is, by this resolution, auehorized
1$ to acquire for said pnblic improvements in fee si~mp].e, i.s situate in ~he
39 `.County aE Butte, State of Ca7.~.~o~nia, more particularly described in E~chibit
2~ "A", attached hereto and made a part thexeof by reference.
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PASSED AND ADOPTED by the Board of 5upervisox's of the Couneq of Butte,
'State of Californ3a, at a regular mee~ing thereof on the 3p _ day
'of March , 1976, by the fol3.owing vote:
AYES: Supervisors ~add, Madigan, McKil.lop, Richter and Chaix~??an Cameron
NOES: none
ABSENT: none
'NOT VOTING: none ./J.i ~ ~ r~
`.ATTEST: Cl.ax'k Nelson, County Clexk
Chaa.x~man, Board o~ Supervisors
County of Buttie, SCate of Californ9.a
sy : _ 4 c!~
Clerk/Depaty
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EXHTBIT "A"
A portion of the east half of ~k~e northeast quar~er o£ 5ection 28, T21N, R5E,
MD~I, a portion of that parcel conveyed to Gene Ti, Fi.sher Jr „ by deed recorded
Febx~taary 28, 1975, in Book 1970 at page 506, Butte County Official Records,
moxe particularly described as tollows:
~axcel A
Beginning at ehe intersecta.on of the west line of said 'southeast quarter-~~
~X~_~~~~~~.~ of the noxtheast quartier of Section 28, wi.th the centerline of
Oroville-Quincy Highway as existing July 1, 1976, being S 1°07'll"E, 77a50 feet
from the northwest cornez of said sou~eheast quarter
the norCheast quarter of Section 28; thence N 1°07'll"[~T, along said west 1ine,
9.58 feet; thence nortl~easterly along the arc of a non-tangent 59~.00 foot
radius curve, radial line to said curve at Chis point bears N 37°05'04"i~?, concave
Co Che southeast, through an angle of 37°29'04" for 386000 £eet; thence along Che
centerZine of Oroville-Qui.ztcy Highway the following courses and distances;
S 76°27'35"W~ 186.31 feet~ S 60°27'40"W~ 103.45 feet; S 68°50'S3°'W, 94.97 feeC
to the ~oznt o~ Beginning. Containing an area o£ 0.151 acre, more or less, of
which 0.080 acre, more or less, now lies witha.n the existing right o£ way of
Orov9.7.1e-Quincy Highway.
Paxcel B
Co~encing at the northeas~ corner of said Section 28; thence S 0°O1'14"E,
a~.ong the east line of sai.d Section 28, for 1400.82 feet to the centerline of
Oroville-Quincy Higharay as existing July I, I976; thence along the centerline
of said Oroville-Quincy Highway rh.e following courses and di.stances; N 47°45'09"W,
J.28.41 feet; N 45°16'O8'TW~ 150.62 feet~ N 68°OI'32`~W~ 61.47 feet; S 69°29'06'fW
59.64 feet to the True Point of Beginning; thence continue along sazd centerline
of Orovi.lle-Quincy Highway the fo1~Qt+*ing courses,and di.stances S 32°31'S8"W,
77.04 feet; 5 29°31'16"W~ 144.25 feet~ S 18°39'00"W~ 165.00 feet; S 50°09'0001W~
84.00 feet; S 79°39'00'°W, 104.00 feet; N 4Z°51'Ob"W, 306.83 feet; thence Ieavi.ng
Said centerlir~ 3 89°36'00"E, 31.5R fee~; ~hence N 51°41'S7"E, 95.R6 £eet; thence
N 24.°30`18"E, 1b5.15 feeC; tihence N 82°07`58"E, 138.60 feet; thence S 80°26'29"E,
227.24 feet to the True Point o£ Beginning. Containing an area o£ 2.657. acres,
more or less, of which 0.242 acre more or less now lies wiehin the existing right
o~ way of Oroville-Quincy Highway,
PaxGe1 C
Go~encing at the northeast corner of said Section 28; thence S 0°O1'14"E, along
the east line of said Section 28, fox 1400.82 feef ~o ehe centerline of Oroville~
Quincy Highway as exiseing ,Tuly 1, 1976 and the True 1'oint of Beginning; thence
N 47°45'09r'W, along said centerline, 128.41 feet; Chence N 45°16`08"W, 91.61 feet;
thence leaving said centerline, southeasterly a~ong the arc of a non-tangent
365v00 foot rada.us cuxve, xadial line to said curve at this point bears N 19°
54'52°1E, concave to the southwest, through an angle of 19°19'08" for 123.07 feet;
thence S 50°46r00S0E, 59018 ~eet to said east line o~ Section 28; thence S 0°O1'14"E,
45.60 teet to the True Point of Beginning. Containing an area of 0.118 acre,
znore or less, oP which 0.050 acre, more or 1ess, now lies within the existing
right of way of Oroville-Quincy Highway,