HomeMy WebLinkAbout63-048,;: _
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RESOLUTION NOo 63- 48
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY
BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF
A COUNTY HIGHWAY KNdWN AS BIGGS-RIO BONITO ROAD
IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA.
BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of
Butte, State of California, that said Board finds and determines
and hereby declares, as follows, to wit:
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 Biggs-Rio Bonito
Road and also known as Project number 16353-621,
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 propesed 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 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,
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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,
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.
5. The real property, or interest in real property, anal/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:
,~, portion of the south half of the southeast c~rarter of Section
12, T18N, R2~, MDB&M, and also being a portion of that
certain parcel of land conveyed to Daniel Bayles, .~r., and
worth Bayles by deed dated April 20, 1945, in Book 329,
at page 250} Ufficial Records of Butte County, California,
mare particularly described as followst
Beginning at the intersection of the west line of the said
south half of the southeast quarter and the existing
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southerly right of way line of the Biggs-iYio Bonito Road;
thence N 89°44'36" ~ along said existing right of way line
319,92 feet to a point of cusp; thence westerly, leaving
said right of way 1ine~ along the arc of a 770.00 foot
radius curve (radial line to said curve at this point
bears N 00°1524" ~) concave to the south? through a
central angle of 24°30100ea, an arc length of 329,26 feet
to the said west line of the south half of the southeast
quarter (radial line to said curve at this point bears
N 2445'24" ~); thence N 00°45'24" ~ along the said west
line 69.33 feet, to the point of beginning. Containing
an area of Oo167 acres moxe or less.
P~LSSBD AND ADOPTED by the Board of Supervisors of, the County
of Butte, State of Califoxniaa this 21 day of May o 1963
by the following voter
AX~SL Supervisors Alldredge, Giles, McKillop, Pryde~ and Chairman Steinegger
~~S = None
~y3~j~] j'L None
G%yI~LL-J~ ~ t,~
Emil G. Steinegger,, Chairmgn~
of the $oard of Supervisors
of the County of Butte, State
of Californ3.a
ATTfiSTz
JF.SST~ ROC~RS, County Clerk
and ex--officio clerk of the
Board of Superv~.sors
De ty
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