HomeMy WebLinkAbout76-1471
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RESDLUTION N0. 76- Z4-7 '"~`' { ~ ~1 .'~-~ ~~~ ~3 ~ii
TIOT COMPARED WITH ~ . „~.~- .•~ ~::~,sr r----
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~R1GlNAL DOCtfp~f~NT BOAR~ OF SU~'ERVISORS ~G~t~~Y Rf-i'~;il;~~ ~ FE~'
COiTNTS~ OF BUT~~, STATE OF CAL~F.ORNIA T~-___;
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RESOLtFTION AUTf~O~tIZ~NG ACQUZS~TION 0~` REAI, P120PERTX BY
~NIINENT AOMAZN NECESSARX FO~t THE CONSTRUC'~ION OF A COUN~
HIGHWAY KNOWN AS C~ARK ROAD ~~57452-74-1 IN 'I~IE COUNTY OF
BUTTE, STAT~ 0~' CA~ORNIA
BE IT RESOI~VED by fhe BOAR]] OF SUPERVISORS of the County of P,utte,
5tate of Cal~£orni~a, that said Board f~nds and determines and hereby declar~:s,
as follows, to wit:
I.. Tfiat public interest and. necessiry x~equi.re the acquisition, con-
struction and cornpletion by rhe County of Butte, of a public improvement,
name~.y a County Highway lznown as Clark Road, in. the County of Bu~~e, State
o~ Cali~ornia;
2. T[zat publ~.c in.terest and necessity require the acquisition for
sa3d improvement of thc~ real property, ar inter~st in the real property
hereinafte~ described, together t,rith a11 impxovements situate thereon, and
it is hereby found and dete~mined that the cons~.~.'uction of a Goun.ty Highway
is a public use, authorized by 1aw, and that publa.c interest and necessity
requira the construction of sa~.d i.mprovements and the acquisition of said
real p~operty hereinafter described, and al~ improvements situa.te thereon.
3. Said proposed public improvement i.s p~.a.nned and ~.oca~ed in a
mann.~r which wi1.1 be mos~ campatible witlz the greatest public good and ~.he
least priv'a~e in~ury.
4-. 'That the County Gou.nsel vf ~he Caunty ofi Butte is hereby author-
ized and empowered as follaws:
{a) To acqu~re, in the name oft the County of Butte, a~ee siznple
estate or such necessary in~erests in and to ~he hereinaft~r-described real
pzoperty, or interest ~n ~eal property, and all imp~ovements therevn by con-
demnation in accordance ~rairh ~he provisions of the Stxee~s and Highways Code,
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Co~e of Civi1 Procedure and the Const~tution of the Sta~e of Ga1x~o~nia;
r~lating ta eminent domain, to authorize the Audator to pay f~om Caun~y
funds the costs and considera~XOn for said acquisition, and the Auditor
is authorized to make such paymen~ on author~zation,
(b) To prepaxe and prosecutE far the County of Suf~e such proceedings
in the pxaper court having jurisdictian thereof, and make such deposi~s
~rom County funds for fees and costs as are necessary for suciz acquiszt~on.
(c) To make appZicat~on to said court fo~ a~ ordez ~ix~ng the
amount of secu~ity in the way of monies deposited as said couzt may direct,
and ~or an order pe~mittzng ~he County of Butte fo take ammediate possession
and use of saxd real property, or interest, or i.mp~'ovements in sai.d r~~~
prope~ty, as a ri.gh~. o~ way far a pubJ.ic highway for pub~.ic use;
(d,) To make deposit of such security out of px'oper funds under ti~e
control o~ ~.he County o~ Butte, in such a~-ounts as fixed and detexmined
and in such mann~r as said court in which condemnation. px'oceedings are
pen,ding may di.rec~, and the A~ditor is authozized to make said deposi.~
immediat~ly upon ~he cau~t making said orde~.
5. Ttie reaJ. property, o~ interest in real property, and/or imprave-
ments thereon, which t~.e Cov.nty of Bu~te is, by th~.s Resoluti.on, authorized.
to acquir~ far sas.d public improvements in fee simple, is situate ~.n the
County of Butte, State o~ Ca3.i~ornia, more particulax~y described in E~hibit
"A" attached. he~eto and made a part thereof by refe~ence.
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PASSED AND A170PTED by ~he Bpard of S~pervisors of the County of
Butte, State of California, at a regular meeting ~hereof on ~he 24
day o~ Aug~st ~ , I97~ , by the ~o~~owxng vote:
AYES: Supervisors Ladd, Madigan, McKiZ~op, ltich~er and Chairman Came~on
NOES: None
ABSE~T: None
N0~ VOTING: None
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Chairman, Board af 5upervisors
Coun~y af Butte, State of Califo;rnia
ATTES~: C1ark Nelson., Coun~y Clerk '
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CIe~~C oz }3eputy I
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_ CLAiZK ROAD ~. -
- • ~~57452-74-1
EXHI~I'F "Ar,
Being a portion o~ the nar~heast qua~ter of Section 23, Tawnship 22
I~orth, Range 3 East, M.D.M,, and being a portion o£ ~hat certain
parcel o~ land con.veyed to Geo:rge A. Mi1ler & Leona K. Mi11e~ by
deed recorded 3anuary 13, 1956, in Book $07 a~. page 56~-, Bu~te Coun~y
afficial Records, ~-ore pazticula~ly described as follows:
A parcel of land 40v00 fee~ in width measured at ~ight angles ~o
and ~.yxng parallel with and eas~erly of the following descr~bed line
commencing a~ the north quarter corner of said Sec~.ion 23, said
corner being marked by a 3/~ inch iron pipe; ~hence N89°3I'E, along
~he north I.ine of sa~.d Section 23, I07.60 feet to a paint in the
cent~rline af G1ark Road; des~gnated Engxneer's 5tatxon 13-~-41052;
then.ce along sai.d centerlin~ S9°2$'W, 390.9b £ee~; thence sou~herly
a~.ang the a~c o~ a 2,000,00 ~oo~ radius curve, concave to ~he southeast
~hrough a cen~~al angle o£ 8°92'15", a dxstance of 2$0.56 feet to
~nginee~'s Station 6+70.00 P.O.C. and the TRUE POINT OF BEG~NN~NG;
the~.ce continuing southe~I.y along ~he arc o~said 2,Od0.40 foot rada.us
cuxve (radxal line to said curve at ~his poynt beax~s N88°34'15"W},
through a c~ntral angle of I.°24'45", 49,31 fee~; thence SO°O1'W,
~.20.b9 feet to Engineer's Station S-I-00.00 and rhe end of t~.e herein
described Ii.ne, con~aining a net area of O.Q23 acre:, more or 1ess, not
presently owned or occupi.ed by the County o~' Butteo