HomeMy WebLinkAbout63-017~~,~,..•. f~
RESOT.TJTION N0. 63-17
BOARD fDF` SUPERVISEBRS
COUNTY OAF BUTTE, STATE Q~F CALIFQRNIA
RESOT.UTifkN AUTHF~RIZING ACQUISITIQN ELF REAL PRQ~PERTY
BY EMINENT DOMAIN NECESSARY F(1R THE C~NSTRUCTICIN OF
A COUNTY HIGHWAY KNIT AS CLr~RK READ, IN THE COUNTY
O'F BUTTE. STATE OF CALIFC&RNIA.
BE IT REStALVED by the BOARD (bF SUPERVISQ~RS of the County
of $utte, State of California, that said Board finds and
determines, and hereby declares, as follows, to wits
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 Clark Road, and known as Project F.A.S, 528(4) 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 planned 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 followst
(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
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property, and all improvements thereon by condemnation in
accordance with the provisions of the Streets and Highways
Code, Code of Civil Procedure and the Constitution of the
State of California, relating to eminent domain.
(b) To prepaxe and prosecute for the County of Butte
such proceedings in the proper court having jurisdiction
thereof, 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 axe 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, is situate in the County of Butte,
State of California, and more particularly described as follows:
A portion of the southeast quarter of the southeast
quarter of Section 28, T21N, R3E, MDB&M, and being
a portion of that certain parcel of land conveyed
to C. a. Brown and Rilla May Brown, by deed recorded
November 5, 1953 in Book 693 of ®fficial Records,
page 587, Records of Butte County, California, more
particularly described as follows:
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Begiz~.ning at the intersection of the existing
westerly right-of-way Tine of the Clark Road with
the existing southerly right-of-way line of the
Pentz Road; thence S l5°40'00" ~, along said
westerly right-of-way line 55.00 feet; thence N
38°l4'15""~ leaving said westerly right-of-way
line 64.81 feet to the said southerly right-of-way
line of the Clark Road; thence N 87°51'31'.' E
along said southerly right-of-way line 55.00 feet
to the point of beginning. Containing an area of
0.033 acres more or less.
PASSE]] AND ADfDPTED this 12th day of March
1963, by the following vote:
AYES: Supervisors Alldredge, Giles, McRillop, Pryde and Chairman Steinegger
NOES: None
ABSENT: None
Emil G. Steinegger, Chairman of
the Board of Supervisors, County
of Butte, State of California.
ATTEST:
JESSIE Rf~GERS, County Cler'~
and ex-officio clerk of the
Board of Supervisors.
By. ~ C~~Q ~.
Puty
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