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HomeMy WebLinkAbout93-055RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY BICYCLE PATHWAY KNOWN AS MIDWAY BICYCLE PATHWAY BETWEEN CHICO AND DURHAM, PROJECT NO. $5-2-04003, IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BE TT RESOLVED by the Board of Supervisors of the County of Butte, State of California, pursuant to Sec. 1245.230 of the Cade of Civil Procedure, 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 pubic improvement, namely a County Bicycle Pathway known as Midway Bicycle Pathway between Chico and Durham, Project No. 88-2-04003, 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 and 2380 of the Streets and Highways Code. 4. That it is hereby found and determined that the construction of a County Bicycle Pathway 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. 1 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 Cade, 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 far an order fixing the amount of security in the way of moneys deposited as said court may direct, and far 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 bicycle pathway 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. S. 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 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California at a regular meeting hereof on the 2~th day of April 1993, by the following vote: AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Roux NOES: None ABSENT: None NOT VOTING: None Chair, Bd~rd of Supervisors '~ County o~ Butte, State of California ATTEST: John S. Blacklock Chief Administrative Officer and Clerk of the Board of Supervisors By Clerk/Deputy 3 EXHIBIT "A" A non_exclusive easement, over a strip of land 33 feet in width of which the Westerly line is parallel with, adjacent to and 30' Easterly of the centerline of Midway and also being a portion of the strip of land conveyed to Center Land Company, Inc., a California Corporation in the Deed recorded on Document No. 92-54517, Butte County Records described as follows: Beginning at the most Northerly corner of the parcel described in the Deed to Henneman Farms, Inc., a California Corporation recorded September 17, 1987 in Book 2755 Page 653 Butte County Records; thence N 71 24' 00" W along the Northwesterly extension of the Northeasterly line of said Henneman Farms parcel to the Westerly line of said Center Land Company parcel, also being the Easterly right of way line of Midway; thence Southerly along the Westerly line of said Center Land Company parcel to its intersection with the Northerly right of way line of Jones Avenue; thence along said Northerly right of way line to the Easterly line of the said Center Land Company parcel; thence Northerly along the said Easterly line of the said Center Land Company parcel to the True Point of Beginning. A strip of land 33 feet in width of which the Westerly line is parallel with, adjacent to and 30' Easterly of the centerline of Midway and also being a portion of the strip of land conveyed to Center Land Company, Inc. a California Corporation in the Deed recorded on Document No. 92-54517, Butte County Records described as follows: Beginning at the Southwesterly extension of the Northwesterly line of that parcel of land deeded to Daniel L. Houseman and Kathy E. Houseman, husband and wife as Joint Tenants on September 28, 1990, Document No. 90-51486 in the Office of the Recorder, County of Butte, State of California, and running Northwest to the Southwesterly extension of the Northwesterly line of that parcel of land deeded to the Department of Veterans Affairs of the State of California on September 27, 1968, retarded in Book 1537 at Page 113 in the Offce of the Recorder, County of Butte, State of California. Reserving to the Grantoxs right of ingress and egress to and from Midway over the existing driveways.