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HomeMy WebLinkAbout84-142~ ( ~ CQUNTY QF `B.UTTE, STATE CAF, 'CAi~iFORNfA '_• *. Keso~ution 1Vo. $~-14z RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY " HIGHWAY KNOWN AS EATON ROAD IN THE COUNTY OF BUTTE, STATE OF CALI~'ORNTA $E IT RESOLVED by the Board of Supervisors of the County of Butte, State ofi California, that said Board finds and determines and hereby declares, as follows, to wit: 1. That public interest and necessity require the acquisition, construction and completion by the County of Butte, of a public improvement, namely a County' High- way known as Eaton Road, in the County of Butte, State of California. 2. That public interest and necessity require-the acquisition for said improvement of the real property, ar interest in the real property hereinafter described, together with all improvements situate thereon, and it is hereby found and determined that the construction of a County Highway is a public use, authorized by law, and that public interest and necessity require the construction of said improvements and the acquisition of said real property hereinafter described, and all improvements situate thereon. 3. Said proposed public improvement is planned and located in a manzz~er which will be most compatible with the greatest public good and the least private injury. 4. That the County Counsel of the County of Butte is hereby authorized and empowered as follows: (a) To acquire, in the name of the County of Butte, a fee simple estate or such necessary interests in and to the hereinafter-described real property, ar interest in real property, and all improvements thereon by condemnation in accordance with the provisions of the Streets and Highways Code, Code of Civil Procedure and the Constitution of the State of California, relating to eminent domain, to authorize the Auditor to pay from County funds the costs and consideration for said acquisition, and the Auditor is authorized to make such. payment on authorization. (b) To prepare and prosecute for the County of Butte such proceedings in the proper court having jurisdiction thereof, and make such deposits from County funds far fees and costs as are necessary for such acquisition. real property, or interests, or improvements in said real property, as.a right of way for a public highway for public use. (d) To make deposit of such security out of groger funds under the control 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 xnay direct, and the Auditor is authorized to make said deposit immediately upon the court making said order. 5. The real property, or interest in real property, and/or improvements thereon, which the County of Butte„is, by this Resolution, authorized to acquire fox said public improvements in fee simple, is situate in the Coun~Cy of Butte, State of California, more particularly described i.n Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTER by the Board of Supervisors of the County of Butte, State of California, at a regular meeting thereof on the 21st day of AucLust , 1984, by the following vote: AYES: Supervisors Bolan, Fulton, Moseley, Wheeler and Chairman 5araceni NOES; None ABSENT: None NOT VOT2NG: None G~ ' Chaix~aan, Board of Supervisors County of Butte, State of California ATTEST: Martin J. Ni.cY~O1s, Chief Admxni.strative Officer and C rk of the Board of Supervisors EXEiIB3:'f "A" A portio~t of the southeast quarter of the northeast quarter of Section 9 and a portion of the southwest quarter of the northwest quarter of Section 10, T22N, R1E, NIDB&M, more particularly described as follows: Commencing at the southeast corner of the southwest quarter of the north- west quarter of said Section 10, thence S 89°57'27." W, 1325.32 feet along the east and west centerline of said Section 1D to the quarter corner common to Sections 9 and l0, fi22N, R1E; thence on the east and west centerline of Section 9, 5 89°53'50" W, 1325.OD feet to the southwest corner of the southeast quarter of the northeast quarter of said Section 9; thence N 00°7.7'45" W, i8 .$4 feet along the west line of said southeast quarter of the northeast quarter to a point on a non-tangent curve, concave to the north, having a radius of 4970 feet and a radial bearing of N 0°25'39" W; thence Leaving said west line, northeasterly along the arc of said curve, through a central angle of L°50'27", an arc length of 159,69 feet to a point of reverse curve, concave to the south, having a radius of 5030 feet and a radial. bearing of 5 2°17'06" E; thence easterly along the arc of said curve, through a central angle of 2°10'56", an arc length of 1.91.58 feet; thence N 89°53'50" E, 973.90 feet; thence N 89°57'27." E, 774.58 feet to the beginning of a 5030 foot radius curve concave to the south; thence easterly along the arc of said curve through a central angle of 3°14'34", an arc length of 284.68 feet to a point of reverse curve, concave to the north, having a radius of 4970 feet and a radial. bearing of N 3°ll'S5" E; thence easterly along the arc of said curve, through a central angle of 3°04'3.3", an arc length. of 266.32 feet to the easterly line of the southwest quarter of the northwest quarter of said Section l0; thence S 0°23'33" E, lO.DI feet along said east line to the TRUE POINT OF BEGINNING, Containing an area of 1.46 acres, of which 0.57 acre lies within the existing maintained area of Eaton Road. Together with underlying fee interest, if any, appurtenant to the above-described property in and to the adjoining public ways.