HomeMy WebLinkAbout80-060BE IT RESOLVED by the Board of Supervisors o£ the County
of Butte, State of Californ~a, that said Board finds and determines
and hereby declares, as follows, to wit:
1. 'Phat public interest and.necessity require the acqu~si-
tion, construction and completion by the County of Sutte, of a public
improvement, namely, a county highway known as C1ark Road in the
County of Butte, State of Ca~ifornia.
2. That public interest and necessity require the acquisi-
tion tor said improvement of th~ reaZ property, or interest in the
real property hereinafter described, together with al1 improvements
situate thereon, and it he~eby found and determined that the con-
struction of a county highway is a public use, authorized by law, and
that public interest and necesszty require the constructian of sa~d
improvements and the acquisition of said real property hereinafter
described, and a11 improvements situate thereon.
3. Said proposed public ~mprovement is planned and loca~ed
in a manner which will be most compatible with the greatest public
good and the least public injury.
4. That the County Counsel o~ the County ot Butte is hereby
authorized and empowered as follows:
(a) To acquire, in the name af the County of Butte, a
fee simple esta~e or such necessarq interests ~n and to tne herein-
after described real property, or interest in real property, and all
improvemen~s thereon by condemna~ion in accordance with the provisions
of the Staets and Highways Cade, Code of C~vil Procedure and the
Constitution o£ the 5tate of Californza, relating to eminent domain,
to authorize the Auditor to pay from county funds the costs and
consideration for such acquisition, and the Aud~tor is authorized to
make such payment on aurhorization.
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROP~~TY BY
EMINENT DOMAIN NEC~SSARY FOR THE CONSTRUCTION 0~ A
COUNTY HIGHWAY KNOWN AS CLARK ROAD IN THE COUNTY 0~
BUTxE, STATE OF CALIFORNIA
(b) To prepare and pxosecute for the County of Butte,
such proceedings in the proper court having jurzsdiction thereof,
and make such deposits from counCy funds for fees and costs as are
necessary for such acquisition.
(c) To make application to said court ~or an order
fixing the amount of security in the way of moneys deposited as said
court may direct, and for an order permitting the County o~ Butte to
take immediate possession and use of said real property, or interest,
or improvements in said real property, as a right-o.f-way for a public
highway for public tise.
(d) To make deposit of such security out of proper funds
under ~he con~rol of the County of Butte, in such amounts as fixed
and determined and in such manner as said court in which condemnation
proceedings are pending may direct, and the Aud~toz zs autho~ized to
make said deposit immediately upon the court making an order.
5. That real property, or interest in real property, and/or
improvements thereon, which the County of Butte is, by this resolution,
authorized to acquire for said public improvements in fee simple, is
situate in the County o£ Sutte, State of California, more particularly .
described in Exhibit "A" attached hereto and made a part hereof by
reference as if set forth in fu11.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 25th day of March , 1980,
by the following vote:
AYES: Supervisors Dolan, Wheeler, Winston and Uice Chafrman Moseley
NOES : ~one
ABSENT : ~hai rman Lemke
NOT VOTING: None
C _~
/BERTHA MOSELEY, Vi e Chairman e
Soard of Supervisors
ATTEST:
CLARK A. NELSO County Clerk/Recorder
and ex- c" lerk o~ the Board
By
2.
I~ f
.A por~ion of Lot 23 as sho~~t. an ~ha~ cex~a~n m~.~', en~:~.~:~.ed, "0~'F7CT.~I..
MA.P UF SLC~'I0~ 14, '~. 22 N. R 3 E.,, Mell.$, & M,, Bu~te ~oun~y$.
GaZ~.~ornia". wh~ch map 47as fi~.ed i.i2 the office af tk~e Aecoa:der a~ the
Co~:nty aL Butte, State o£ CaJ.ifoxn3a., on April 21., I.925 in Boo~. "B" o~
l~~aps, a-C p~~e 28, an3 a por~i.cn o:~ Lo~ 96~ of a Re-subdi.vi.sian of T~~ts
60,61,62.,63, & 5~a o~ Centzal Paric Subdi~ris~on, ~~C~Y'C~E?C~ s'~L1nL15~ 30, •
~.9~6~ in $ooEc 1~, page 7, ~u~L•e Goun~:y Of~i.cal R.ecoxds and a nox'tiazt
of ~extain p~.rc~1 of ~.and GonveyEd ~c I~ciizy R. Byrd etu:c recorded
~Tave~nbex 27, ~.972, in Book 1801., a~C page 512, B~i~~:e Courtty C~ff.a.cza7.
Recoxc;s, raare pazti.cu].ar1~ describ~d as folZows : .
Be;inn?.r~~ a~ a poin~ t,ri~~re ~he tides~ 7.ine o.~ tEte Southeaw~ quart:er. oi
~~~xe ~Tor~heast q~.sar~Cez of 5ec~i.an I.4 (trhich 1in~ is also ~he ~as~er?x
? i.xie o~ Cen~ral Faric Subdivisi.oi~., map oE which was ~i~.ed in the o~£ice
of tk~e Rec~zrlar of the Cour~~y o£ Btit~e, S~ate o~ Galifornaa, on ~Iay 2!a,
~.9~b) ~.z~~er~s~cts ~he ~Easte~:Iy 1.ine o~ sai,d La~ 23, heing also ~he
~~Iesterly ~.ine o~ the Claric Road; ~hence rT 3S° ~2' Oy"E alang said ~ast-
erly ~~~ee o~ said i,o~ 23 a ciis~ance of 130 ~eet; thence N 51° 2J.' 00"L~,
3_54 ~ee~ ~a a I.i.ne parallel with and N'orthta~s~er7.y, [~0.00 feet ~easured
p~r~ei~.dicul.ar from the ce~terline o~ C1a~lc Road; ~henca Sou~h~,7es~er~.y
a1~n~ ~~ie a~c o~ a non•-~.angent 2240.UD ~oo~ radius cu~ve, (r~d~.a~. :~ine
t-o said curve a~ Chis paint bEars N~+~° 29 ` 21'~4d) Goncave ~.o the SouCh~
eas~, ~hzouoh a centiral an~~.e pf 4.° lb' 22" far 92.Y7 feet; thence Sou~~i-
;~~es~er~.~ alor~ the arc o~ a, reverse 20.00 ~aot z~dius curva, co~cave
to t~:E riorth, thrau~~ ~ centra~. ano~.e af I21° 5$` 09", ~oz 42.55 ~'eet
er~ ~he ScuL-h,~es~ lin~ a~ 1.ot 9G, oL saici C~ntr~~. P~ric subd~.va.s~.ar.;
l:i1C:i1CG' S 2~.° 47 ` 3'~ "E, alon~; s~i.d Southraes~ l~.ne, 39.1.4 ~eet fio ~t~~
~oiut ~f Peo~i~nir.g.
~~crta~~':lI:Q a~. ~ rea ox .0~9 acre, riore or less .
~~~~ `~ ~~