HomeMy WebLinkAbout63-049RESOLUTION N0. 6349
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPER'T'Y
BY EMINENT DOMAIN NECESSARX FOR THE CONSTRUCTION OF
A COUNTY HIGHWAY ~~~ ~ FAIR ~TR$ET,
TN THE COUNTY OF BUTTE, STATE OF CALTFORNIA.__
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 Fair Street
and also known as Project number 52242!
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 property9
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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, 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:
~aur~r nrn -1
A portion of that certain parcel of land being Lot 15,
Block 10, Mulberry Tract Subdivision No. 1, according
tp the official map thereof, filed in the office of the
Recorder of the County of Butte, State of California,
March 14-, 1907 in Map Book b, page 90, being also a
portion of that parcel of land described in that certain
Affidavit, death of Joint Tenant, dated January 9, 1961
recorded January 9, 1961, in Book 1095, Page 305„
mid
Official Records of Butte County California.
Said portion is all that part thereof described as follows=
A strip of land 3.00 feet wide, measured at right angles,
adjacent to and along that portion of the above parcel
fronting on the existing easterly right of way line of
`air Street, containing an area of 0.004 acres more or
less.
PARG~. NO, 2
An overhang easement fox power and communication lines,
over a strip o.f land .3, 0.0 feet wide, measured at right
angles? adjacent to and along the easterly line of the
above-described parcel.
PASSE AND ADOPT] by the Board of Supervisors of the
County of Butte, State of California, this 21st day of
May , 1963, by the following votes
AT'~SS Supervisors Alldredge, Giles, McKillop, Pryde and Chairman Steinegger
NHS S None
ABS~NT2 None
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Emil G, Steinegger, Chai of
the Board of Supervisors
AT~STt
J~SSTS ROC~RS, County Clerk
and.ex-officio clerk of the
Board of Supervisors.
Da~uty
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