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HomeMy WebLinkAbout64-072RESOLUTION N0, 64-~Z' BOARD OF SUPERVISORS 1 2 3 4 '5 6 7 8 9 ;10 11 12 13 14 15 16 17 181 19 20 '21 22 23 24 25 26 ,27 28 29 '30 31 '3 2 COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROP•.EB~Y BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOS,IN AS OROVILLE.GRIDLEY HIGHWAY IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA. BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of Butte, Mate of California, that said Board finds and determines and hereby declares, as follows, to wit: 1. That public interest and necessity require the acquisit- ion, construction and completion by the County of Butte, of a public improvement, namely a County Highraay known as Oroville Gridley Highway, in the County' of Butte, State of California. 2. That public interest and necessity require the acquisit- ion for said improvement of the real property, or interest in the real property hereinafter described, together with all improvement 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 construct- ion of said improvements snd the acquisition of said real property hereinafter described, and all improvements situate thereon. 3o 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 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, 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, relat-~ ing to eminent domain. (b) To prepare and prosecute for the County of Butte such l 2 3 '4 5 6 !7 8 9 10 11 12 '13 14 15 '16 17. 18 !, 19 20 2l 22 23 24 25 26 27 28 29 30 3I 32 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 sunder the control of the County of Butte, in such amounts as fixed and determined and in such manner as said court in which condemn- ation 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: Beginning at the northwest corner of said Section 4; thence S72°34'16" E 42.00 feet to the intersection of the east right-of-way line of the Kirk Road and the southerly existing right-of-way line of the Oroville- Gridley Highway, and the true ppoint of beginning of this description; thence N 5538'00" E 1315.12 feet along said southerly right-of-way line and the northerly line of the .parcel described in said deed; thence N 34° 22'00"'A along the line of said parcel, 33000 feed thence N 55°38'00" E along the line of said parcel 9.89 feet; thence S 49°29'00" E along the line of said parcel 75.62 feet; thence S 55°38'00" 7n1 leaving said line, 348.29 feet; thence S 58°46'53'.'SiT 163.38 feet to a concrete monument marked R.E. No. 7294; thence continuing S 58° 46'53" W 237.22 feet; thence S 55°38'00"~W 264.76 feet; S 58°44'22"'W 332.17 feet to the true point of beginning of this description. Containing an area. of 0..770 acres more or less. ~' . 1 P.I~SSED AND ADOPTED by the Board of Supervisors of the County 2 of Butte, State of California, this 21st day of July 3 1964, by the following vote: 4 AI'ESt SUPERVISORS ALLDREDGE~ GILES, PRYDEi SI'EINEGGER and CHJ-IIRMAN McKIZLOP. 5 NOES: NONE 6 ABSENT: NONE 7 8 cICI L P, C' airman o the g and of Supervisors of the ounty of Butte, State of 10 California 11 ATTEST: 12 JESSIE ROGERS, County Clerk and ex-officio clerk of the 13 Botardhof Supervisors ~~L Deputy 15 16 17 18 '19 20 21 22 23 24 25 26 27 28 '29 30 31 32 -3-