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HomeMy WebLinkAbout90-142~ ' , ~ ,yy ~ - - - - ~. ` BOARD OF SUPERVISORS '* ~ ~ ~'~' COUNTY OF BUTTE, ST/-ATE OF CALIFORNIA. ~. ^ ~ •'p Resolufion A1o. 90-242 RF~OIITPION AinHnRT7.~ AOQUISITION OF REAL PROPFR7Y BY II~iIlVQfr DOMAIN NECESSARY FOR THE ODNSTRIJCTION OF A COi7NPY HIGHWAY IINOWN AS ~1DOTHa..L BLVD. IN THE OODNTI_ Y OF BUI'I'7E STATE OF CALIE~DRNIA BE TT RESOLVID by the Board of Supervisors of the County of Butte, State of California, pursuant to Sec. J.234.230 of the Code of Civil Procedures, that said Board finds and determines and hereby declares, as follows, to wit: 1. That the 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 Foothill Blvd. in the County of Butte, State of California. 2. 'That the 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. 3. That the acquisition of the property in question for such purposes is authorized by Sec. 943 of the Streets and Highways Code: 4. That it is hereby found and determined that the construction of a County Highway is a public use, authorized by law, and that the public interest and necessity require the construction of said improvements and the acquisition of said real property hereinafter described, and all improvements situate thereon. S. .That it is further found and determined that said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 6. 'That it is further found and determined that the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record of the property in question. 7. 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 for 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. 8. 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, is situate in the County of Butte, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereto by reference. -2- PASSI'D AND ADOPTID by the Board of Supervisors of the County of Butte, State of California at a regular meeting hereof on the 28th day of September, 1990 by the following vote: AYFS: Supervisors McInturf, Dolan, Fulton and Chairman McLaughlin NOFS: None ABSI•Nt: Supervisor Vercruse NOT V0~lNG: None ~C Chairman, Board of upervisors County of Butte, S ate of California ATTEST: William H. Randolph Clerk and Ex-officio Clerk of the Board of Supervisors BY ~~~,. ~ ~r~ ~ Clerk/Deputy -3- P~AC3L # 3 E X H I B 2 T " A" Being a portion of the Northeast quarter of the Southwest quarter and the Rest half of the ;::~orthvest quarter of the Southeast quarter of section 36, tovnship 19 north, range ~ east, M.D.H.; :are particularly described as follows: Coa~eencing at the Northwest carnet of the Fast half of the 5outhvest quarter of section 36, tovnship 19, range 4 east, K.D.lS.; frog vhich point the center of section 36, tovnship 19 North, range ~ Fast, N.D,3{, bears South 70°39'!1" East, 1330.07 feet; theme South 70°39'41" Bast, 79.37 feet along the 5autherly line of the deed granted to Gordan B. Spangler, a single aan as recorded in 83-33059 in the office of the recorder, County of Butte, State of California and being the TRi1E Palt{7 4P BBGIHNIHG for the parcel herein described. thence continuing along said line Santh 78°39'91" East, 100.56 feeta thence along a non--tangent carve concave to the Northeast, xith a radial bearing of North 98 20'34" Bast, having a radius of 565.00 feet, through a central angle of 7 20'49", having a arc length of 72.45 feet• thence South 49°00'00' Bast, 170.80 feet thence South !1°80'00' Rest, 5.00 feet~to a point on arnon-tangent-cnrve concave to the Southwest, with a radial bearing of South 41°QO'DO'~Rest, having-a radius of 638.00 feet, through a central angle a# 40 30'15', along an arc length of !95,37 feet• thence South 17°!6'48" Bast, 56.95 feet; thence South 5°03'27" Rest, 16.10 feet; thence South ~7°28'3.1' East,' 76.27 feet to the beginning of tangent curve concave to~the Northeast with a radius of 510.08 feet, through a central angle of 23°09'Ola, along an art length of 230.31 feet; thence South 30°37'18" Bast, 217.01 feet; thence North 59 22'!2' Bast, 5.08 feet to a non-tangent carve concave to the northeast with a radial bearing of North 59 22'42' Bast, having .a radius of 565.00 feet, through a central angle of 38°99'58", along an are length of 382.93 feet; thence South 20°32'!9' Rest, 5.40 feet; thence South 69°27'3.6' Bast, 288.95 feet to the Yesterly boundary of~ Ryandotte Cebetary; thence South 19°55' 19" Rest, 99.04 feet along the Restezly boundary of Yyandotte Cemetary to a point on the Northerly right of vay line of Foothill 81vd. also being an anon-tangent carve concave to the South having a radial bearing of South 5°52'27"' East, through a~central angle of 1°11'24", having a radius of 370.00 feet, alone an arc length of 7.68 feet; thence along said Northerly right of vay of Foothill blvd. South 82°56'13" Yest, 70.87 feet to a tangent curve concave to the Korth having a radius of 355.80 feet, through a central angle of 66°40' 00", along an arc length of !13.06 feet; thence North 30°23'97* Rest, 536.!1 feet to the beginning of a carve concave to the East having a radius of l88.D0 feet, through a central angle of 23`26'00', having a arc length ^f 196.32 feet; thence North 6 57'47" Rest, 2!1.42 feet to the beginning of a carve concave to the South having a radial of l2D.00 feet, through a central angle of !8 22'04", along an arc length of 35!.55 Eeet; thence North 55°19'!7'-Rest, 61.29 feet; thence South 34°90'13' Pest, 20.00 feet; thence North 55°19'97" Best, 110.78 fret to the beginning of a carve concave to the Northeast having a radius of 350.00 feet, throngh a central angle of 27°23'07", having an arc length of 167.29 feet to the point of beginning. Containing an area of 1.02 acres of vhich 0.13 acres lies within the existing right a# ray of Foothill blvd. Together with underlying fee interest, if any, appurtenant to the above-described property in and to the adjoining public nays. See right of vay gap B-2465 on file at the Butte Gounty Departaent of Public Rorks.