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BE IT RESOZVED by the Board of Supervisors of the County of Butte, State
of California, that said Board finds and determines and hereby @eclares, as follows,
to wit:
1. That gublic interest and necessity require the acquisition, construction
and completion by the County of Butte, of a public improvement, namely a County High-
way icnown as Skyway, in the County of Butte, State of California.
2. That public interest and necessity require the acquisition for said
improvement of the real property, or interest in the real property hereinafter
described, together with a11 improvements situate thereon, and it is hereby found
and determined that the construction of a County Highway is a public use, authorized
by 1aw, and that public interest and necessity require the construction of said
improvements and the acquisition of said real pxopexty hexeinafter described, and
all isuprovements si,tuate tbereon.
3. Said proposed public improvement is planned and located in a ueanner
tahich will be most compaki.ble wa.th the greatest public good and the ~.east private
injury.
4. That the County Counsel of the County of Butte is hereby authorzzed
and empowered as ~oJ.lows:
(a) To acquire, in the name of the County of Butte, a fee simple estate
or such necessaxy interests in and to the hereinafter-described rea~. property, or
interest in xea7, pxopex'ty, and a11 i.mprovements thereon by condemnation in accord-
ance with the provisions o£ the Streets and High.ways Code, Code of Civi1 Procedure
and the Constituti.on of the State of Califo~nia, relating to eminent domain, to
authorize tlne k.uda.tor to pay from County funds ~he cosCs and consideration for
said acquisition, and th.e Auda.tor is authorized to make such payment on authorization,
{b) To prepare axad prosecute for the County of BuCCe such proceedings
in the propex' courk having jarisdiction thereo~, and make such deposit from County
funds for fees and costs as are necessaYq for such acquisition.
RESOLUTZON AUTHORIZING ACQUTSTTION OF REAL PROPERTY SY EMTi~IENT
DOMAIN NECESS~U.tY FOR TH~ CONSTRUCTTON OF .A. COUNTY HTGHWAY KNOWN
AS SKXGIAY ZN xkiE COUNTY Ok' BUTTE, STATE OF CALTFORN7'A
(c) To make application to said court for an order fixing the amount
of security in the way of monies deposiCed as said court may direct, and use of
said real property, or interests, or improvementis in said real property, as a
r£ght of way for a public highwaq for public use.
(d) To make deposit of such securitq out of proper funds under the
control of the County of Butte, in such amoun~s as fixed and determined and in
such manner as said court in which condemnation proceedings are pending may
direct, and the Auditor is authorized to make said deposit i~ediately upon the
court making said order.
5, The real property, or intieresti in real property, and/or improvements
thereon, which the County of BuCCe is, by ~his Resolution, authorized to acquxre
for said public improvements in fee si.mple, is situate in the County of xutte,
State of California, more pareiculaxZy described in E~ibit "A" attached hereto
and made a part hereof by reference.
PASSED AND ADOPTED by the Board of Snpervisors of the County of Sutte,
State of California, at a regular meeeing tihereof on the 21st day of
June , 2983, by the follow~ng voCe:
AYES: Supervisors Ful~on, Moseley, Saraceni and Chair polan
NOES: None
ABSENT: Supervisor Wheeler
NOT VOTING: None
` ~.
-~ I ~.
ai , Board of Supervisors
Coun of Butte~ State of California
ATLEST: Eleanor M. Becker, County CZerk
and -officio Clerk of the
Boa of Superviso
Clerk or Depu~q
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. EAE~IB ~~ nAn
Parcel No. 2
A porti.on o£ ~he soathwest ane quarter of Sec~ion 37., T23N, R4E, M.D.B. & M.,
and being maxe par~icularly descr~.bed as tollaws:
BEGxNNING a~ ~he intersec~eion o~ the southerly l~ne of that cer~ain parcel a£
land as descri~ed ~n the Decree af Fina1. Di.s~xr.bution of Susan McCark~e, f~.~.ed
July 9, 1976, 3.n ~he Of~ice of the R~carder, of tlxe County of ~3utte, with th~
weste~ly right-o~-~way ~.i.ne o~ ~the Sou~hern Pacific Railroad ~ righ~-a~-cray, from
said poi.nt of Beginning the sauthwes~ coraer o£ said Section 31 bears, S 12°
42'31"W, 7.,780.$3 feet; thence leaving said raa.Zroad right-af-way N 15°54'50" E,
9~..95 tee~; thence N 47°08'2~i"E~ 55.23 feet to a poi.nt on the sa3.d westerly
righfi-o~-way 13ne af the Southern Pacific Railroad and the nor~her~.y line of
said pa~ccal. of ~.and as descr~.bed ~n said Decree of Final Distributiany said
pox.nt being on a non~tangent curve, concave ta the west, hav3.ng a xadius of
768.49 feet, ~hraugh a cent~al, angl.e o£ 3°Oy'44", thence,along ~he arc of said
curve and the rai].road right-a~-wap, 4~.~97 feet~ thence ~o~t~nning alang sa~d
railxoad ~ight~of-way S 28°DO'04" W, lOQ.15 feet to the TRUE POINT OF B~G~NNING
and the end of description.
Co~atain~g.an area o~ .032 acre mara or less.