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RESOLUTION N0. 6353
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 KNOWN AS FAIR STREET
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
improvements 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 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 Buttes is hereby
authorized and empowered as follows:
(a) To acquire, in the name of the County of Buttes 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 o~ 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:
PARCB~ NO' . 1.
A portion of that certain parcel of land being lot 11 and a part of
lot 10, Mulberry Tract Subdivision. No. 1, according to the
official map thereof, filed in the office of .the Recorder of
the County of Butte, State of Californiai March 14, 1907
in Map Book 5, page 90~ being also a portion of that
parcel of land described in that certain deed dated
November 27, 1944: recorded December 8* 19443 in Book 335
at page 332 official records of Butte County, California.
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Said portion is all that part thereof described as follows;
Beginning at the northwesterly corner of said lot 11 at
the intersection of the easterly right of way line of Fair
Street and the southerly right of way line of 21st St.~;
thence X35°534211 E along said southerly right of way line
11..10 feet; thence southerly along the arc of a 10.00 foot
radius curve, (radial line to said curve at this point
bears N 54°06'18'1 ~} concave to the east through a
central angle of 77°33x4917! an arc length of 13.54 feet;
thence S 41°40'07°° E 48.29 feet; thence S 35°53x429°
3.07 feet to the said easterly right of way line; thence
N 41°40x070° 3;i along said easterly right of way line
56.32 feet to the point of beginning. Containing an area
of 0.004 acres more or less,
PARCEE. NO, 2.
An overhang easement for power and communication lines,
ovex a strig of land 3.00 feet wide, measured at right angles,
adjacent to and along the easterly line of the above
described parcel.
P1~SSED AND ADOPTED by the Board of Supervisors of the County
of Butte„ State of California! this 28th day of May %
1963 by the following vote2
AYESISupervisors Alldredge, Giles, McKil7.op, Pryde and Chairman Steinegger
NOESi None
.At3SE~IT.'; None
_ Gad t2~y •~ s7~-p c ,~.<
Emil G. Steinegger~ Chi an of
the Board of Supervisors
ATTEST;
JESSI,E R(7GERSx County Clerk
and ex~officio clerk of the
Board of Supervisors
D uty
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