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Home My WebLink About87-241RESOLUTION N0. 87-2A~i BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMATN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS OPHIR ROAD IN THE COUNTY OF BUTTE STATE OF CALIFORNTA BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of Butte, State of 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 Highway known as Ophir 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, or 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 plannned and located in a manner 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, or 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, the Constitution of the State of California and such other applicable law and/or rules relating to eminent domain and 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 far the County of Butte such proceedings in the proper court having jurisdiction thereof, and make such deposits from County funds for fees and costs as are necessary for such acquisition. (c} To make application to said court for 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 of Butte to take immediate possession and use of said 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 proper 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 may 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 for said public improvements in fee simple and temporary construction easement, is situate in the -2- County of Butte, State of California, more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California at a regular meeting thereof on the 22nd day of September, ].987 by the following vote: AYES: Supervisors Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan NOES : None ABSENT : None NOT .VOTING: None a:~r, ~soara oz~ ~upervlsors unty of Butte, State of California ATTEST: Martin J. Nichols Clerk and ex-officio rk of the oa f Superviso By erk or Deputy -3- Being a portion of the north half of Section 33, T19N, R4E M.D.M., and more particularly described as follows: PARCEL 1 Beginning at a point on the easterly Line of Lat Na. 2 of Block 119 of the Palerma Citrus Tract Addition to Sub No. 1, filed in the Office of the Recorder, County of Butte, State of California, on Wall Map No. 14 on July 23rd, 1$$$, said point also being 40 feet ].eft of Engineer's Station "L" 130+64.50 P.O.T. and from said Point of the northeast corner of said Lot ~~2 bears N 0°0$'39" W, 609.43 feet; thence along said easterly line of Block No. 119 S 0°08'39" ~, 85.38 feet to a point on the easterly line of Lot No. 1 of Block 119 of said Palermo Citrus Tract, said point also being 45 feet right of Engineer's Station "L" 130+56.51 P.O.T.; thence N 84°29'08" E, 678.50 feet; thence N 5° 30'52" W, 5.00 feet; thence N $4°29'0$" E, 1373.48 feet to the beginning of a 1840 foot radius curve, cancave to the north (from which point a radial bearing bears N 5°30'52" W); thence easterly along the arc of said curve through a central angle of 15°13'52" a distance of 489.13 feet to khe beginning of a reverse curve cancave to the southwest, having a radius of 35 feet (through which a radial line bears S 20°44'44" E); thence southerly along the arc of said curve a distance of 53,77 feet, through a central angle of 88°01'26"; thence S 22° 43'18" E, 72.99 feet to a point on the westerly 30 foot right of way line of Upper Palerma Raad and Lower Wyandotte Road as described and deeded to the County of Butte and recorded in Book i971 at Page 243 on March 31st, 1975 in the Office of the Recorder, County of Butte, State of California and from said point the northeast carnet of said Section 33, T19N, R4E M.A.M. bears N 59°42'05" E, 1485.01 feet said point also being on a 1270 foot radius nontangent curve, concave to the southwest (from which point a radial bearing bears S 75° 18'28" W); thence northerly along the arc of said curve and said 30.00 foot right of way line through a central angle of~14°21'2$", a distance of 318.25 feet; thence leaving said 30 foot right of way line S 22°03'05" E, 94.85 feet to the beginning of a 35 foot radius cu rve, concave to the northwest, (from which point a radial bearing bears S 67°56'55" W); thence southerly along the arc of said curve through a central angle of 91°21'29", 55.81 feeC to the beginning of a compound curve, having a radius of 1760 feet concave to the northwest, (from which a radial bearing bears N 20°41'37" W); thence westerly along the arc of said curve through a central angle of 15°10'45", 466.27 feet; thence S 84°29' 08" W, 2043.98 feet to the TRUE FOINT OF BEGINNING. Containing an area of 4.8425 acre. Together with underlying fee interest, if any, appurtenant to the above described property in and to the adjoining public ways. PARCEL 2 Commencing at a point on the easterly line of Lot No. 2 of Block 1I9 of the Palermo Citrus Tract Addition to Sub, No, 1, filed in the Office of the Recorder, County of Butte, State of California, on Wali Map Na. i4 on July 23rd, 1888, said point also being 40 feet left of Engineer's Station "L" 134+64.50 P, O. T, and from said point the northeast corner of said Lot ~~2 bears N 0°08'39" W, 609.43 feet; thence along said easterly line of Block No. 119 S 0°08`39" E, $5.38 feet Ca a point on the easterly line of Lot No. 1 of Block li9 of said Palermo Citrus Tract, said point also being 45 feet right of Engineer's Station "L" 130}56.51 P.O.T.; thence N 84°29'0$" E, 678.50 feet; thence N 5°30'52" W, 5.00 feet to the TRUE POINT OF BEGINNING; and from the TRUE POI~1T OE BEGINNING the northeast corner of said Lot No. 2 bears N 47°i7'18" W, 920.86 feet; thence N 84°29'08" E, 240.00 feet; thence 5 5°30'52" E, 130.00 feet; thence S 84°29'08" W, 240.00 feet; thence N 5°30'52" W, 130.00 feet to the TRi].E POINT OF BEGINNING. Containing an area of 0.72 acre. 'Together with underlying fee interest, if any, appurtenant to the above-described property in and to the adjoining public ways. The above Parcel 2 is granted in fee to be maintained as open space on which the ..~~ .o rte.. « - ~ -o a portion of that certain parcel of land described and deeded to Robert T. Oliver and Patricia M. Oliver, {hereafter referred to as the Oliver Parcel), on November lb, 1979 and recorded in Book 2463 at Page 446 & 447 in the Office of the Recorder County of Butte, State of California, and more particularly described as follows; Commencing at a paint on the North line of said Oliver parcel also being on the Northerly line of said Section 33 at their intersection with the westerly right of way line of Lower 'Wyandotte Road; thence S 89°19'38" W, 1342.31 feet along said Northerly line of Section 33 to the TRUE POINT OF BEGINNING of the center- line of a 30 foot wide temporary construction easement; thence along said center- line S 4°08'32" E, 4.18 feet; thence S 36°03'11" E, 90.15 feet; thence S 7°39'29" W, 289.83 feet; thence S 30°42'16" E, 173.45 feet to the Northerly right of way line of Ophir Road extension 40,00 feet rt, of Engineer's Station "L" 1.41+87.62. Containing an area of 0,38 acre. PARCEI. 2 Temparary Construction Easement (At Bridge) An area to the right of Engineer's Station °'L" 133+65+ and being within the area more particularly described as follows: ~ " Being from 45 feet right to 65 feet right of Engineer's Sta. "L" 133+40 and from 45 feet right to 65 feet right of Engineer's Sta, "L" 134+00 and containing an area of .0275 acre. Also an area to the left of Engineer's Sta. "L" 134+13± and being within the area more particularly described as follows: Being from 40 feet left of Engineer's Sta, "L" 133+70 to 8S feet Ieft of Engineer's Sta, "L" 133+85 and 40 feet left to 70 .feet left of Engineer's Sta. "L" 134-+40 and containing an area of 0.551 acre. PARCEL 3 Temporary Construction Easement {At Driveways} Being a 20 foot by 20 foot area, 40 feet left o~ Engineer's Station "L" 144+64~- . PARCEL 4 Temparary Construction Easement (At Driveway) Being a 20 foot by 20 foot area, 40 feet right of Engineer's Sta. "L" 144+56+.