HomeMy WebLinkAbout83-123BE IT RESOLVED by Che Boa~d of Supervisors of rhe County of Butte, State
of California, that said Board finds and detextaines and hereby declares, as follows,
to wit:
1. ~hat public interest and necessi.ty requzre the acquisition, construction
and completion by the County of Butte, of a public 3mprovement, namely a County High-
way known as Skyway~ in the Covnty of Butte, State of California,
2, That public interest and necessity requix'e the acquisition for said
improvemenC of Che real proper~Cy, or intieres~ in Che real property hereinafter
described, rogether wifh all i.mprovemertts sztuate thereon, and it is hereby found
and determined that the construction of a County Highway is a publi,c use, authorized
by law, and that public interest and necessity require the construction of said
improvements and the acc~uisition of said real property hereinafter desc7Cibe&, and
ali improvements situate theYeon.
3. Said proposed gubl.ic 3mprovemene is p7.anned and located in a manner
which will be most compatible with the greatest public good and the least pr3.xrate
injury.
4. That the County CounseZ of Che Couneq of Butte is hereby au~Chorized
and empowered as follows:
(a) To acquire~ in the name of the County of Butte, a fee simple estate
or such necessary inCerestis in and to the hereinaf~ex-described real property, ox
3nterese 3n real propert}r, and aI1 improvements Chereon by condemnaCion in accord-
ance with the provi.sions of the Streets and Highways Code, Code of Civil Procedure
and the Constitution oE the State of California, relating to eminent domain9 to
authorize the Aaditor to pay from County funds the costs and consideration fox
said acqu3sition, and the Auditor fs authorized to make such payment on author3.zat~.on.
(b) To prepare and prosecute for the County of Butte such proceedi.ngs
in the proper court having jurisdi.ction thereo£, and make such deposit f~rom County
funds Eor fees and costs as are necessary for such acquisition.
RESOLUTION AUTHORIZ3NG ACQUISITION OF REAL PROPERTY BY EMINENT
DOMAIN NECESSARY FOA THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN
AS 5KYWAY IN THE COUNTY OF BUTTE, STATE OF CAI.IFORNTA
(c) To make application to said court for an order fixing the amount
of securiep in ehe way of monies deposited as said court may direct, and use of
said real properey, or ineereses, or improvements in said real property, as a
righr of way fox a pubZic highway £or public use.
(d) Ta make deposit of such security out of proper funds under the
con~rol of the County of Butte, ~n such amounts as fixed and determined and in
such manner as said courC in which cottdemnaCion proceedings are pending may
direct, and the Aud£tor is authorized tio make said deposit immediately upon the
court making said order.
5. The real property, or interesC ~n real property, and/or improvements
thereon, which the CounCy of Bu~ee is, by this Resolution, authorized to acquire
for said public improvements in £ee simple, ~s situate i~ the County of Butte,
State of California, more particularlq described in Exhibit "A" attached hereto
and made a pa~t hereof bq Ye£erence,
PASSED AND ADOPTED by the Board of Supe~riso~s of tihe Coun~y of ButCe~
State of California, at a regular meeting thereof on the 12th day of
Su~y , I983, by the following vote:
AYES: Supervisors Fulton, MoseZey, Saraceni, Wheeler and Chair polan
NOES: None
ABSEAFF: None
NOT VOTING: None
~ ~ ' ~"°--------.-~
Jan Dolan, Chair ~
~ Boa d of Supervisors
Cou Cy of Butte, State o~ California
ATTEST: E~.eanor M. Becker, CounCy C3.erk/Recorder
and ex-o ficio Clerk of the Board
By
Clerk or De ut
~' ~
l'..~ii13B,1,J~ If A t} '. ~..
11
Pareel ~
Skywap P~oject 51267.-83~!
A po~tion of ~he south ona-half o~ Lo~ No. 2 of tha nor~hwest one~quarter
of Sect~on 31, '~23Id, R4E, M.D.B. & M., more partxcn~.arly ~e~cri~ed as ~allows:
Go~encing at the wes~ ona--quarter corn~r af sai.d Sec~~on 31; thence
N$9° 5~.` 00" E, 5~.5.03 ~ee~ aZong the sa~th l~.ne af 5ai;d Lat Noe 2 to a.ts
in~ersaction.with the ~westerl.y r~ght of way line of ~he Southern Paci.fi.c
Rai.l.road, and the TRiIE POTI3T 0~ ~EG~NNING o~ the herein desc~~.hed parc~~.; ,
sa~id 3.ntersection point heing; on a b42.92 foot rada~ns non-tangent curve, ~
concave ta the Eas~; thence a~.ong the arc of sa~d curve thxough a centra~.
angle o~ 19° 50' 43" an arc distance of 222.68 feet; thence con~inuing along
sai.d raa.lroad ri.ght of way N 2i° 05'3.9" E, 1d9.14 feet; thence N 62° 53! 41" W,
10,~0 faet to the beginning of a 522.95 foa~ rad~.us non-tangexxt cu.rve, concave
tia the Northwest, t~.ence a3ang the are of said curve ~hrou~h a centra~. angle o~
10° 07' 00" an arc distance a~ 92.34 feeti; ~hence leaving sa~d ra~.lroad right
a£ way S 77° 39' S7" E, 27.52 €eet to a po~n~ on a 470.04 foo~ xadius non-~ax~gent
cux~ve, concave ta the Na~thwest, said pain~ be3ng radial from an~ 30.flQ fee~
Narthwest o~ Eng~neers Statian "C" 37+50o~Q,~thence along the arc o~ said curve
through a cen~~al angl.e of X9° 3.Ot 13" an arc distance of I57.2~ feet, to a
point on tha South iir~e of that certa~.n parcel of ~.and descr~~ed ~.~t a qutt c~.a~.m
deed to E.N, Rase and Romtina F. R05~ and recoxded 3.n Baok 653 at Page 22 af
Officia~. Records on December 3, 1952, ~.n the O~~ice u~ the Recarde~, Coun~y of
Bntte, Sta~e o~ Califarni.a, thence along said South ~aine S 82° 46t Qa" E, $5.23
£eet to a po~.nt on a 535.00 foat radi.us nan-~Cangent curve, concave C~ ~he Noxth--
wes~C, ~hence. a~.vng the arc nf said cux~re through a centra7. :angl,e of 29° 35 ` 54"
an-•arc distance of 276.38 ~eet, ~hence S 32° 18' 46" W, 57.55 feet to the beginnxng
of a SbS.t~O ~odt radius tangeztt c~rve, conca~re ta the 5outheas~, thercce a~.ong the
arc of said curve a d~stance a~ 244.96 feet to a pa~.nt on the 5ou~h Iine af said
~o~ No. 2; thence S$9° ~3.' 00" W, 58.44 feet a7.ong said Sauth ~3.ne ta the TRIFE
~OINT PF BEG~NNING. .
Con~aining an area o£ 4.94 acre more or Iess.