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HomeMy WebLinkAbout68-094~!. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I 30 31 32 ~' ~ RESOLUTION N0. 68-~ BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITION OF R~;AL PROPERTY BY FMIN~;NT DOMAIN N~;CESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN AS EAST AVENUE IN THE COUNTY OF BUTTE,, STATE. OF CALIFORNIA B~' 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 East Avenue, in the County of Butte, State of California. 2. That public interest and necessity require the acquisi- tion for said improvement of the real property, or interest in the real property hereinafter described, together with all improve- ments situate thereon, and it is hereby found and determined that the construction of a county highway is a public use, authorized b 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: ta) To acquire, in the name of the County of Butte, a fee simple estate or such necessary interests in and to the hereinafte described real property, ar interest in real property, and all improvements thereon by condemnation in accordance with the pro- visions of the Streets and Highways Code,-Code of Civil Procedure, and the Constitution of the State of California, relating to eminent domain, to authorize the auditor to pay from county funds the costs and consideration for said acquisition, and the auditor is authorized to make such payment on counsel's authorization. 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 2a 21 22 23 24 25 26 27 28 29 30 31 32 (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 undP.r 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 proce?dings 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 situate in the County of Butte, i.s by this resolut- ion authorized to acquire for said public improvements in fee simple, is situate in the County of Butte, State of California, anc more particularly described in Exhibit "A", attached hereto and mac a part hereof by reference. PASSBD AND ADOPTED by the Board of Supervisors of the County of Butte, State of California,-this 25th day of June, 1963, by the following vote: . AY~;S: Supervisors Dunaway, Howsden, McKi11o, Pryde, and NO~:S: None Chairman Maxon ABS~'NT : None . /•n n / A , ATTEST : DONALD I:. NiAXON , c;harrman or the JESSIE ROGERS, Gounty Clerk Butte. County Board of Supervisors and ex-officio Clerk of the Bo rd of Supervi~sOrs By l! e Deputy JOHNSON. 2 3. b 6 7 8 9 10 1Y 12 i3 Z4 15 16 17 18 19 20 2Z 22 23 24 25 2s 27 28 29 30 37. 32 A11 that certain real property situate in the County of Butte, State of California, described asf ollows: Being a portion of Lot 6 of the Connors Subdivision, as recorded May 10, 1948, in Book 16 of Maps at page 22, Official Records of Butte County, and being more parti- cularly described as follows: The northwesterly 37.00 feet of the southwesterly half of the above said Lot 6, excepting therefrom the northwesterl 30.00 feet conveyed to Sutte County by deed recorded December 2, 1.953 in Book 288 at page 275, Official Records of Butte County. Containing an area of 0.012 acre, more or less. EXHIBIT "A"