HomeMy WebLinkAbout61-007x~sc,LUTrorr Na. 61-7
1 BOARD OF SUPERVISORS
2 COUNTY OF BU'I`TE~ STATE OF CALIFORNIA
3 RESOLUTION AUTHORISING ACQUISITION OF REd~L PROPERTX BY EMINENT
DON3d~IN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY
4 KNOWN AS E~,ST FIFTH AVENUE EXTENSION, IN THE COUNTY
OF BUTTE STATE OF C~ILIFORNIA
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BE IT RESOLVED by the BOARD OF SUPERVISORS of the County
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of Butte, State of California that said Board finds and determines
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and hereby declares, as follows, to wit:
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1. That public interest and necessity require the
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acquisition, construction and completion by the County of Butte
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of a public improvement, namely, a county highway known as
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East Fifth Avenue Extension.
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2. That public interest and necessity requires the
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acquisition for said improvement of the real property, or interest
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in the real property, hereinafter described, together with all
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improvements situate thereon, and it is Hereby found and
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determined that public interest and necessity requires constructio;
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of said improvement and the acquisition of said real property
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hereinafter described, and all improvements situate thereon.
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3. Said proposed public improvement is planned and
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located in a manner which will be most compatable with. the
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greatest public good and the least private injury.
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4. That the County Counsel of the County of Butte is
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hereby authorized and empowered as followsc
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(a) To acquire, in the name of the County of Butte,
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a fee simple estate in and to the hereinafter described real
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property, or interest in real property, and all improvements
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thereon by condemnation in accordance with the provisions of the
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Streets and Highways Code, Code of Civil Procedure and the
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Constitution of the State of California relating to eminent domain.
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(b) Ta prepare and prosecute for the County of Butte
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such proceedings in the proper court, having jurisdiction thereof,
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as are necessary for such acquisition.
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1 (c) To make application to said Court for an order
g fixing the amount of such security in the w`ay of moneys deposited
3 as said'Gourt may direct, and for an order permitting the County
4 of Butte to take immediate possession and use of said real
5 property, or interests, or improvements in said real property
g as a right of way for a public highway for public use.
7 (d) To make deposit of such security out of proper
g funds under the control of the County of Butte, in such amounts
g so fixed and determined and in such manner as said Court in
10 which condemnation proceedings are pending, may direct, and the
ll auditor is authorized to make said deposit immediately upon the
12 Court making said order.
13 The real property, or interest in real property, and/or
14 improvements thereon which, the County of Butte is, by this
15 Resolution, authorized to acquire for said public improvement,
16 is situate in the County of Butte, State of California, more
17 particularly described as fellows:
18 A portion of the 16th Subdivision of the John
Bidwell Rancho, as shown on that certain map
19 entitled "Sixteenth Subdivision of the John Bidwell
Rancho near Chico, Butte County, California", which
20 map was recorded in the Office of the Recorder of
the County of Butte, State of California, on
21 December ll, 1908, in Book 6 of Maps, at page 79,
more particularly described as follows:
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Beginning at a point on the westerly line of Lot
23 11 of said Subdivision, N 29° 00' W 218.58 feet
along-said lot line from the most southerly corner
24 of said Lot 11, said line. being in the center of
Sherman Avenue; thence N 29° 00' W along said
25 line 63.75 feet; thence N 51° 00' E 25.00 feet to
the easterly right-of-way line of said Sherman
26 Avenue; thence southeasterly along the arc of a
20.00 foot radius curve (tangent to said curve at
27 thl5 point bears N 29° 00' W) concave to the north
through. a central angle of 90° 00', an arc Length
28 of 31.42 feet; thence tangent to said curve, N 51°
00' S 227..53 feet; to the easterly line of that
29 certain parcel of land deeded to Barley E. Brown
and Valda G. Brown and recorded June 17, 1948, in
30 said Recorder's Office in Book 458, Official
Records, page 53; thence S 45° 14' E along said
31 easterly boundary 45.58 feet; thence S 51 00'
W along the southerly line of said parcel 285.27
32 feet to the point of beginning and containing
an area of 0.257 acres, more or less, which doesn't
include that portion within the right-of-way of
Sherman Avenue.
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The foregoing Resolution was introduced by Supervisor
Pxyde who moved its adoption, seconded by
Supervisor Steine~~er , and said Resolution was duly
adopted and passed this 17th day of April. 1961, on roll call
by the fallowing vote:
AYES: Supervisors Alld~dge, Pittman, Pryde, Steinegger and
Chairman Giles
NOES: Done
ABSENT : None
Cheri . , ., „ ... .. _ .... s..,... _.. o f .. _....,... _
rm n of the Board Supervisors
County of Butte, State of California
ATl'EST
NARRIETT JAMES,
Butte County Clerk and ex-officio
Clerk of the Board of Supervisors
Depu Clerk
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