HomeMy WebLinkAbout68-003RESOLUTION N0. 68- 3
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
1 RESOLUTION AUTHORIZING ACQUISITION OF REAL PP.OP~RTY BY
EMINENT DOMAIN NECL`55ARY FOR TIIE' CONSTRUCTION OF A COUNTY
g HIGHWAY KNOWN AS OROVILL-QUINCY HIGIIWAY IN THE COUNTY OF
BUTTE, STATE OF CALIFORNIA
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el BE IT RESOLVED by the BOARD OF SUPERVISORS of the County
5 of Butte, State of California, that said board finds and determines
g and hereby declares, as follows, to wit:
7 1. That public interest and necessity require the acquisition
g construction and completion by the County of Butte, of a public
g improvement, namely, a county highway known as Oroville-Quincy
10 Highway, in the County of Butte, State of California.
11 2. That public interest and necessity require the acquisition
12 for said improvement of the real property, or interest in the real
13 Property hereinafter described, together with all improvements situ
14 ate thereon, and it is hereby found and determined that the constru
15 ction of a county highway is a public use, authorized by law, and
26 that public interest and necessity require the construction of said
lry improvements and the acquisition of said real property hereinafter
' lg described, and all improvements situate thereon.
19 3. Said proposed public improvement is planned and located
20 in a manner which will be most compatible with the greatest public
21 good and the least private injury.
22 4. That the County Counsel of the County of Butte is hereby
23 authorized and empowered as follows:
24 (a) To acquire, in the name of the County of Butte, a fee
2g simple estate or such necessary interests in and to the hereinafter
26 described real property, or interest in real property, and all
27 improvements thereon by condemnation in accordance with the provisi•
28 ons of the Streets and Highways Code, Code of Civil Procedure, and
29 the Constitution of the State of California, relating to eminent
30 domain, to authorize the auditor to pay from county funds the costs
31 and consideration for said acquisition, and the auditor is authori-
32 Zed to make such payment on counsel's authorization.
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(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 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 such real property, or
!interests, or improvements in said real property, as a right of
way for a 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 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 thereof, which the County of Butte is, by this
resolution, authorized to acquire for said public improvements in
fee simple, is sz.tuate in the County of Butte, State of California,
and more particularly described in Exhibit "A", attached hereto
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and made a part hereof by reference.
FASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 9th day of January, 1968, by
the following vote:
AYES; Supervisors Dunaway, Howsden, McKillop, Pryde and Chairman Maxon
NOES : None
ABSENT : None
ATTEST:
JESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Board of .Supervisors
airman
Butte County Board of Supervisors
Bye'! ~ Deputy
1 A11 that certain real property situate in the County
2 of Butte, State of California, described as follows:
$ Being a portion of the southwest quarter of Section 8,
4 T20N, R5E, MDB&M, more particularly described as follows:
5 A11 that portion of the north half, by acreage, of said
g southwest quarter, lying west of the Oroville-Quincy Highway,
~ as the same existed on November 1, 1967, bounded on the east
g by the centerline of said Oroville-Quincy Highway, and bounde<
g on the west by the following described line;
10 Beginning at a point on the north line of said southwest
~,1 quarter of Section 8, from which the west quarter corner of
~2 said Section 8 bears N 87°48'47"W, 989.51 feet; thence from
13 said point of beginning, 5 7°01'33"E, 29.21 feet; thence S 8°
14 05'53" W, 300.67 feet; thence S 0°28'l2''W 150.33 feet; thence
15 S 3°13'24"W, 176.51 feet; thence S 11°04'27"W, 380.00 feet
16 to the southerly line of that certain parcel of la nd conveyed
17 to William J. Johnston, et al, by deed recorded December 18,
lg 1964, in Book 1350, at page 382, Official Records of Butte
19 County. Containing an area of 1.121 acres, more or less, of
20 which 0.476 acre is within the existing Oroville-Quincy
21 Highway.
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BXHIBIT "A"