HomeMy WebLinkAbout67-1164
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RESOLUTION NO. 67-
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUI~SITIO.N OF REAL PROPEtCY BY
EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A
COUNTY HIGH~TAY KNOWN AS LOWER WYANDOTTE ROAD TN 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 acqusiit~
ion, construction and completion by the County of Butte, of a
public improvement namely, a county highway known as Lower
TTyandotte Road, in the County of Butte, State of Californian
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 land determined that the
construction of a county highway is a public use, authorised by
law, and that public interest and necessity require the construe t
ion of said improvements and the acquisition of said real property
hereinafter described, and all improvements situate thereono
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:
(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, relatin
to eminent domain, to authorize the auditor to pay from County
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funds the costs and consideration for said acquisition, and the
auditor is authorized to make such payment on authorization.
(b) To prepare and prosecute for the County of Butte such
proceedings in the proper court having jurisdiction thereof, and
make such deposits from Gounty 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 possessian and use of said real property, or
interests, or improvements in said real property, as a right of
way for a public highway for publi.e use.
(d) To make deposit of such security out of proper fund s
under 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 ordero
5, The real property, or interest in real prope rty, 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 theCounty of Butte, State of California,
more particularly described in Exhibit "A", attached hereto and
made a part hereof by reference as if set forth in full.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of Calif ornia, this 20th day of June, 1967, by the
following vote;
AYES: SUPERVI~SOR~ DUNAwAY, MAXON, McKILLOP, PRYDE, and
CHAT HOWSDEN`
NOES: NONE
ABSENT: NONE I~ _
~H~ ~i.~u;:-~!'°:.- ~~~ `,~fi ~~ .~ CC pf_CT C~JPY 0~
ATTEST ; -
JES:STE ROGERS, County Clerk TNi G`i,S;';~•' ' _ , , C~° i;~'~!?~ !:. i ";5 01=ICE.
and ex»officio Glerk of the r~rr.,_r_ ~., _~~ 'B~
Board of Supervisors -. : ; ~ ,, ,o:
By Deputy JE~ ~ ~~. _ , ,::~ ;~.;~
I3Y
tv: ~. ~
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All that real property situate in the County of Butte
State of California, described as follows:
Being a portion of the north half of the north half
of Lot 4, Block 2l of Villa Verona Subdivision,
according to the Official Map thereof, recorded in the
office of the Recorder of the County of Butte, State
of California, on January 17, 1889, and more part-
icularly described as follows:
The easterly 5.00 feet of that certain parcel of land
described in the deed to Cleo Davison and Martha
Davison, recorded December 31, 1956, in Book 8b3 at
page b4, Butte County Official Records; containing a
net area of 0.016 acres, more or less, together with
underlying fee interest, if any, appurtenant to the
above described property in and to the adjoining
public ways.
(Lower Wyandotte Road)
EXHIBIT A