HomeMy WebLinkAbout79-108~x~~ar~ A
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B~ARD OF SUPERVISDRS
C~EJNTX ~F BUTTE, STATE OF CAL~FORNIA
~ RESOLUTTON AUTfiOR~~ING ACQE3ISITIOI~ OF REAL PROPERTY BY
EMiNENT DOMAIN NEC£SSARY POK THE CONSTRUC'~ION OF CQUNTY
2 STORM DRAI~FS NEAR N3EYERS STREET ~N THE COUN'~Y OF BUTTE,
STATE ~F CALIFORN3A
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4 BE IT R£SOLVED by the BOARI} OF SUPERVISOFtS of the Cau~nty af Butte ,
5 State of Califarnia, tha~ said Board finds and de~ermines and h~reby decZares,
6 as ~ollows, to wit:
7 1. T'hat public znterest and nECessity requ.ire the acquis~.tion,
$ constructian and compZetion by ~he Caunty ot Butte, of a pub].ic improvement,
9 nameZy County S~orm Drains near Meyers Street, in the Caun~ty of Butte,
~0 State of California:
11 2. 7'hat public interest and necessity require the acq,nisition far
~2 said improvemen'~ of ~he reaJ. property, or interest in the rea~ praperty
3.3 hereinafter ciescrzbed, tagether with aI~ improvements situate ther~on, and
].~ it is hereby found and determi.ned ~that the construction of a County Starm
~5 Drain ~s a pub~.ic use, authorized by ~.aw, and -that pub~.ic interest and
16 necessity x*equire the construction ot said improvemen~s and the a~quS.sit~.on
1'7 of said real property hereinafter described, and a13 improvements situate ~
1 8 ~hereon.
19 3. Said proposed public improvement is planned and Iocafied in a
2 0 manner which wil~. be mast compati~?e with ~he greatest puLi~.ic good and the ~
7~ Zeast private i.njury.
2 2 4. 'That the County Counsel of the County of Butte is hereby author-
2 3 ized and empowered as follows:
2 4 ( a) To acquire , in t~he name of ~the County ot Butte , a fee
2 5 simQle estate ar such necessary interes-ts in and to the hereinafter- describ-
Z6 ed rea1. property, or interest in real property, and a1I improvements t~ereon
~
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1 by conderm~ation in accordance with the pa^avisions of ~he Stree~s and
2 Highways Code, Code of Civil Pracedure and,the Constitution of ~he S~ate of
3 Califorrzia, relating to eminent domain, to Guthvrize the Audi~or to.pay
4 from County ~unds the costs and consideration for said acquisition, and tha
~ Auditor is authorized to make suah gayment on authorization.
~ (b ) To prepare and prasecute ~or the Coun-ty of But'~e such
7 groceedings in the proper court having jurisdiction thereof, and make such
8 deposits from Cauri~ty ft~nds tor fees and casts as are necessary for such
9 acquisi-Cion.
].0 (c) To make app~.ication ta said court for an order fixing '~he
1.1 amaunt of security in the way of maneys deposited as said caurt may direct,
12 and tor an order permi~t~.ng the County of Bu~C-Ce -Co take immediate possessi.on
1 3 and use of said real property, or interes~s, or improvements in said reaZ
14 property, as a right of wa.y for peablic storm drains for public ~se. ~
1 5 (d} Ta make deposit o~ such security out of proper ~unds vnder
1 6 the control of thE Coun-Cy of But~e, in such amovnts as fixed and determinsd
~.7 and in such manner as said court in which condemnati.on proceedings are pending
1 8 may direc~, and the Auditor is au~tharized to make said deposit immediate~.y
19 upon the court making said order. -
20 5. The real property, or interest in rea~ property, and/ar a.mprave-
2~, men-rs th~reon, which the County of Bu~te is, by this Resol,ution, authorized
2 2 to acquire ~or said public improvemen~s in fee sa.mple, is situate in the
2 3 Caunty of Butte, State of Ca~ifornia, more particuZarly descri~ed in
24 ~xhibit "A", attached hereto and made a part hereof by reference.
2 5 PASSED AND AAOP,TED by the Board of 5upervisors o~ the Caunty of .
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But~e , State o~ Cali~'oz~riia at a regular meeting thex~eo~ on the 12th day
of .1une , I979 by -~he fa~.lowing vote:
AYES: S~pervisors Dolan, Moseley, Wheeler, Wir~ston and Chairman Lernk~
NO£5: No~e ~
ABSENT : Nor~e
NOT VOTrNG: None ~
.~ V ~
Chairman, Baard of Supervisors
County of Butte, State of Califarnia
ATTEST: C3ark A. Ne].son, County
Clerk and ex-officio CZerk
of the Board of Supervisors
By L.~C~..~ -~(, %"~~
. Clerk or Deputy
,
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EXHTBxT A
Perpetual easements wi~h rzgh~ o~ ingress and egr~ss, £or ~he purpose
of laying, insta~~~ng, maintaining, repairing, protec~ing and replacing
underground surface s~oxzYi drains, togeth~r with appurtenances thereo£,
across and ~n lands par~~cular~y described as follows:
Parcel 1
A gor~~on of Section 36, Township 22 North, Range 1 East, M.D.B.& M.
and more particularly described as fol~ows:
Commencing at the most southeasterly corner of Parce~ ~ as shown on
that certain Parce~ Map recorded in the Office o~ th~ Recorder of
the Caunty of Butte, State of Ca~ifornia, in Baok 42 of Parcel Maps
at page 87; th~nce North 84°03'36" west a di~~ance of 56.79 feet to
the ~rue point of beginning for the storm drain easement herein
desc~ibad; thence. from said point of b~g~nning, Sou~h 23°~8'31" West
a dis~ance o£ 38,6fl £ea~; thence North 66°4~'29" West a distance of
20.00 fe~t; thence Nor~h 23°~8'31" E~St a distance of 21.32 ~ee~;
~hence North 58°35'50" W~st a distance of 24.46 fee~ tv a point on
the snuther~y line of sa~d Parcel i; thence, a~ong the so~therly line
o~ said ~arcel ~, South 84°03'36" Eas~ a distance af 46,33 ~eet to
fhe ~rue point o~ beginning and containing 834 square feet more ar Iess.
Pa~cel 2
A partion of Section 36, Towriship 22 North, Range 1 East, M.D.B.& M.
and more par~icularly described as follows:
Beginning at the most easter~y carne~ of that certain parcel of land
describ~d in deed to Wrex Praduc~s Incorporat~d of Ch~~o~ reCO~ded in
Book ~550, Of~icial Records, at pag~ 159 in the Office o~ the Recorder
af ~h~.County of Butte, State o~ Cali~o~nia, sazd point a~so being on
the nor~hwesterly I~ne of that ce~tain parce~ af ~and desczibed in
deed to Nathan H. Thomasson recorded in Book L~49i O~~~Cldl Recnrd5,
at pag~ 694 in the O~fice of the Recorder af the County of Butte, S~ate
o~ Ca~ifornia; ~hence, from said point of beginning and along the
northweste~~y Zine of sa~d Thomasson pazce~, ~orth 67°50'00" Eas~ a
distance of ~2.58 ~eet; thence, Ieaving the nor~hwesterly ~ine of sa~d
Thomasson parcel, Sou~h ~0°57'00" Eas~ a dis~ance of 25.92 fee~; thence
Sau~h 49°03'00" Wes~ a distanc~ of 18.00 £eet; thence Narth ~0°5?'DO"
Wes~ a dis~ance of 28.28 feet to a point on the nor~hw~ster~y 1~ne af
sa~d Thomasson parce~, thence, al~ng the no~thweste~~y line of said
Thomasson parcel, Nozth 33°04'40" Eas~ a distanca vf 6.24 feet ~o the
point a~ b~ginning and con~air..~ng 510 square fee~ more or ~ess,
The basis of bearings ~dr th~s desCr~p~ion is ~he nor~hwesterly line
af Meyers Street g~v~n as South 49°03'00" W~st in that cex~ain deed
recorded in Book 1083 a~ page 465, Butte County Offic~a~ Reco~ds: