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RESOT.UTION N0. 63-18
BQiARD fBF SUPERVTS€6RS
CQUNTY ELF BUTTE, BTTTE Q~F CALIFORNIA
RESF~LLUTIEDN AUTHdRIZING ACQUISITI£DN CiF REAI. PRmPERTY
BY EMINENT DQMAIN NECESSARY FCLR TTIE C~NSTRUCTICIN C)F
A C~tJNTY HIGH4~AY KNf2~+iN AS CLARK RQi~D, IN THE CmTJNTY
~' BUTTE, STATE Q,~F CALIFCRNIA.
BE IT RES(DLVED by the BQ'ARD ®F SUFERVISfIRS of the County
of Butte, State of California, that said Board finds and
determines, and hereby declares as follows, to wits
to 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 FAS 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 hereinaf ter 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 the-, eon.
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 a,njury.
4, That the County Counsel of the County of Butte is
hereby authorized and empowered as followss
(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 prepare 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 fox an order
fixing the amoun'~ of security in the way of moneys deposited
as said court may direct, and for an order permitting the
County of Butte to take iuunediate 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, is situate in the County of Butte,
State of California, more particularly described as follows:
A portion of the southeast quarter of the southeast
quarter of Section 28, T21N, R3E, I~IDB&M, and being.
a poi°tion of that certain parcel of land conveyed
to Alma k'aniani and Patricia Duclaw et al by deed
recorded September 26, 1930, in Book S7 of
~~ficial Records of Butte County, California, at
page 82, more particularly described as follows:
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Beginning at the intersection of the existing
westerly right-of-way line of the Clark Road
with the existing northerly right-of-way line
of the Pentz Road; thence N 15°40'00" E along
said westerly right-of-way line. 35.00 feet;
thence S 51°45'46" ~, leaving said westerly
right-of-way line 56.56 feet to the northerly
right-of-way line of the Fentz Road; thence
N 87°51'31" E, along said northerly right-of-way
line 35.00 feat to the point of beginning.
Containing an area of 0.013 acres more or less.
PASSED AND ADff1PTED this 12th day Of March ,
1,963, by the following votes
AYESS Supervisors Alldredge, Giles, McKillop, Pryde and Chairman Steinegger
NfJES 2 None
ABSENTS None
G~Yt2Gr ~. v
Emil G. Steinegger, Chairman of
the Board of Supervisors, County
of Butte, State of California,
ATTESTS
.7ESSIE R~GERS, County Clerk
and ex-officio clerk of the
Board of Supervisors/,,
BY P ~a~
Deptft~
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