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86-129
`~~~' ~ ;c~; ®~-...~.~~ ~; ' BOARD OF `SUPERVISORS *' , ~~ ~'~; : COt_]NTY OF BUTTE, STATE CAF _CALIFORNlA w~~ ; :' N~ ,, , ,~ Y ~~,+1'' Resolufion No. 86-129 RESOLUTION AUTHORIZING SALE OF A PORTION OF A ONE-FOOT STRIP TO THE STATE OF CALIFORNIA, AUTHORTZTNG CHAIRMAN TO SIGN AN AGREEMENT FOR SALE TO STATE OF CALIFORNIA AND TO SIGN GRANT DEED IN FAVOR OF THE STATE OF CALIFORNIA WHEREAS, the Board of Supervisors of the County of Butte, State of California, declares that a portion of that certain one-£oot no access strip as described and, deeded to the County of Butte, recorded in Book 2560, Page 59, Official Records in the Office of Recorder, County of Butte, State of California, is no longer necessary for county purposes; and WHEREAS, the Board further declares that said one-foot no access strip has a value of not more than $500.00; and WHEREAS, the State of California desires to purchase said portion of said one-foot no access strip for the sum of $250.00; NOW, THEP.EFORE, BE TT RESOLVED by the Board of Supervisors of the County of Butte as follows: 1. The Board of Supervisors has declared said portion is no longer necessary for County purposes and that its value is not more than $500.00. 2. The Chairman is authorized to sign a contract for the sale of said portion to the State of California as shown in Exhibit "A" attached, and is further authorized to sign a Grant Deed describing and conveying said portion of said one-foot no access strip in favor of the State of California as shown in Exhibit "B". PASSED AND ADOPTED by the Butte County Board of Supervisors this 7th day of October 1986, by the following vote: AYES: Supervisors Dolan, Fuli:on, P~IcInturf, l~lheeler and Chairman McLaughlin NOES: None ABSENT: None NOT VOTING: None ~ , ED McLAU H IN, Ch man the Butte County Board of Supervisors ATTEST: MARTIN J. NTCHOLS, Chief Administrative Offi~c/er~and Clerk of the Soard By C/- ~' , Orovi 7 Te California Qctober 7 ~ f9 86 :} ^357. GOVNTY RTE. P.M. R/WE.A. County of Butte Grantor ~~~~'~~ ~ • Q~~~~~ RIGHT OF WAY CONTRACT--STATE HIGHWAY Document No. ~~~~~~ in the form of a Grant wed covering the property particularly described therein has been executed and delivered to Grp Lua~db~.~rt _ Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: ].. The parties have herein set forth the whole o£ their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the propos- ed public improvement. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $ • ~~ for the property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecord- ed), and taxes, except: a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the man- ner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. d. A~.~ ot~@z^ matters r~ct~rded and/r~r t~r~recorded. i;XHIBIT "A" FORM RW o4-4 (REV 9-$aj {~) This transaction will be handled through an internal escrow by the State of California, Aepartment of Transportation, District 3 Office, P. 0. Box 911, 1~rysville, California 9901. (C) Have the authority to deduct and pay from the amount shown in Glause 2{A) above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in • - which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow. 3. In consideration of the State's waiving the defects and imperfections in all matters of record title, the undersigned grantor covenants and agrees to indemnify and hold the State of California harmless froar any and all claims that other parties may make or assert on the title to the premises. -The grantor's obligation herein to indemnify the State shall not exceed the amount paid to the grantor under this contract. Ix WITNESS Wx~R~O~, the parties have exec~xted this agreement the day and year first above written. "~~,~C t ----------- - ---------~" 4'- -- ------ - - ------------------- ___________ C~ai rman_x__ Board__ of _ Superyi sors_________ Recom nded for pro , ,. ,, ,, BY-- ----- --A-~---- - ---- ---------------------------------------- / 4~; '.: R[ght of Way Agerat ~. ..~, ~ ' By.,...~ - - - -- --~~------- -------- --------------------- Senior ht of Way Agent ---__-----County__of _But~e--------------------------------------- _ ___ ___25 County__Center Dri_ye _____________ -- - - - - ---------- ---- Oroy T 11 ~-~--CA---- 9.596------------------ ----- crar+ror-_ STATE OF CALIFORNIA DEPAIiT~-~IENT OF TRANSPORTATION ~... BY --- - -------- --- -- - ,----~----------- eputy Dzstr ct Director Right of Way No Obligation Other Than Those Set Forth Herein Vlfill Be Recognized $PACt` AGAVE 'PHIS LITfE FOF2 RECORDEF2'S US£ F./nll/A~ C7R~~T DEED (1tVpIVIpUAL) 015TR1CT COUNTY ROUTE POST M1lE NUMBER 03 But 99 1.51 028675 Butte County a political silbdivision of the State of California GRANT to the STATE OF CALIFORNIA, all that real property in the u n i n c o r p o r a t e d a r e a County of Butt a State of California, described as: A portion of that no access strip of land 1.00 feet wide, lying Easterly of and adjacent to the Easterly right of way of existing State Route g9, situated in the Southerly 1/2 of Section 1$ T17N, R3E, M.D.B. & M. as described in deed recorded October 16, 1980 Book 2560, page 59 Official Records of Butte County. Said portion is that part thereof described as follows: BEGINNING at the intersection of said Easterly li Northerly line of Turner Avenue; THENCE from said along said Easterly line N. 16° 13" X40" W. 328.10 leaving said Easterly line N. 730 46' 20" E. 1.01 S• 160 13' 40" E. 328.36 feet, to a point in said line; thence along said Northerly line S• 8$0 Oti' 1.Otl feet to the point of beginning. ne and the point of beginning feet; thence feet; thence Northerly ~3" W. Basis of bearings is the California State Coordinate System Zone 2, distances are ground distances, multiply by 0.99992 to obtain grid distances. Page 1 of 2 as aa3~a FORM rtw o2-z iRev. t ~-sal EXIII$IT "$" "'"' .. ~--f1~, ... Dated this' its ~ _-_ day of _._ , I9$~ ' Signed and delivered in the presence o£ Chill rFildn , $tttte C my BDa rd of ,Z Supervisors _ ST?.TE Oy CALIFORNIA ) ss. COUFdTY OF BiJTTE } On October 24, 'x986, b2zorz ;ne, C. Pitts, a notary public in and for said County and State, parscnally appeared R. To4~ns12y, personally Ynorrn to :ne to be the parson whose Hams is subscribed to the within instrument, as a ~aitness t112r2t0, 1~C10, bcln~ by :~cai:11v' s~~orr., dc'j~CScS and Says 1:.~13t SI1c Zv~S pr2Scttt and saw Ed AleLaughlin persona111 known to said ~•ritness :o be the pe::sori described in and ~~hos2 name is subscribzd to this instrument as t, a C:lai~rman. of the Butte County Board cf Super~,isors and acknoTaledged to one that the County of Butte 2xacuted it; e~:ecute the same, and teat said affiant subscribed her name to the within instrument as .~ritness. qr ©Fr IGIAL SEAL {p,. H ,~c»~,-" NOTARYPUBLIC-CALIFORNIA i~~' BUTTE<COt1NTY Notary Public, State of Caiifcrnia ~'~4cg0.H4 My Comm. Expires dec. 16,1989 ` i:y commission expires December 18, I.985 Signature Notary Public in and for said Count y and State STATE OF CALIFORNIA ss. County of On ,before me, the undersigned Notary Public in and for said County and State, personally appeared ^ personally known to me, ^ proved to me on the basis of satisfactory evidence, to be the person whose ' name_.. subscribed to this instrument, and acknowledged that executed it. {For notary seal ar stamp) WITNESS my hand and official seal. Signature Notary Public in and for sold County and State THIS IS TO CERTIFY, That the State of California, acting by and khrough the Department of Transportation, hereby accepts far public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNE55 WHEREOF, T have hereunto set my hand th,~ nth tray pf November , 13 86 LEO J. TRONfBATORE ,!~ Directoraf Transpariation f~ J 7 By Wm. au r ' Attorney in Fact Page 2 of 2