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HomeMy WebLinkAbout67-073 1 2 3 4 5 6 7 8 9 i0 ZI I2 1J 14 15 16 1'7 18 19 20 21 22 23 24 23 26 2'7 28 29 30 31 32 RESOLUTION NO.~ 67-~' BOARD OF SUPERVISORS COUNTY dF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF 'REAL PROPERTY $Y EMINENT DOMAIN NECESSARY' Fc~R THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS MANGROVE AVi:NUE 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 acquisit ion, construction and completion by the County of Butte, of a public improvement, namely, a county highway known as Mangrove Avenue, 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 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 Butte is hereby authorized and empowered as follows: Ca) To acquire, in the name of the County of Butte, a zee 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, relatin to eminent domain, to authorize the auditor to pay from County ,~ Board of Supervisors 32 By ~ ~~~Deputy 1 I funds the costs and consideration for said acquisition, and the 2 auditor is authorized to make such payment on authorization. 3 (b) To prepare and prosecute for the 'County of Butte such 4 proceedings in the proper court having jurisdiction thereof, and 5 make such deposits from County funds for fees and casts as are 6 necessary for such acquisition. 7 ' (c) To make application to said court for an order fixing 8 the amount of security in the way of moneys deposited as said 9 court may direct, and for an order permitting the County of Butte 10 to take immediate possession and use of said real property, or 11 interests, or improvements in said real property, as a right of 12 way for a public highway for public use. 13 (d) To make deposit of such security out of proper funds 14 under the control of the County of Butte, in such amounts as fixed 15 and determined and in such manner as said court in which condemn- 16 ation proceedings are pending may direct, and the Auditor is 17 authorized to make said deposit immediately upon the court making 18 ~ said order. 19 5. The real property, or interest in real property, and/or 20 improvements thereon, which the Cou my of Butte is, by this 21 resolution, authorized to acquire for said public improvements in 22 fee simple, is situate in the County of Butte, State of California, 23 more particularly described in Exhibit "A"., attached hereto and 24 made a part hereof by reference as if set forth in full. 25 PASSED AND ADOP.CED by the Board of Supervisors of the County 26 of Butte, State of California, this 25th day of April, 19b7, by the 27 following vote: 28 AXES:supervisors DunawBya Maxon, McKiZlop, Pryde & Chairman Howsden NOES : None 29 ABSENT : None 30 ATTEST: JESSIE ROGERS, County Clerk ABLE L. OWSD Chairman o tree 31 and ex-officio Clerk of the Butte Co my Board of Supervisors 1 2 3 All that real property situate in the County of Butte, State 4 of California, described as follows: 5 The westerly 7.00 feet of the southerly 50.00 feet of 6 Lot 1, Block 11, according to that certain map of the Fourteenth 7 Subdivision of the John Bidwell Rancho, which map was filed in the 8 office of the Recorder of said County on August 14, 1907, in Volume 9 6 of Maps, page 68. Containing an area of 0.008 acres more or less 10 11 12 (55222 - Mangrove Avenue) Parcel No. 6 13 14 ~ 15 16 17 18 19 2a 21 22 23 24 r 25 26 2'7 28 2s 30 3 ]. 32 EXHIBIT "A" McKee