HomeMy WebLinkAbout68-095l'
~~
RESOLUTION N4. 68- 7J`'
BOARD OF SUPTSRVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
1 RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY
EMTNE'NT DOMAIN NE'CE'SSARY FOR THE CONSTRUCTION OF A COUNTY
2 HIGHWAY KNOWN AS ??;AST AVENUE IN THE' COUNTY OF BUTTE,
STATE; OF CALIFORNIA
3
4 B~'. IT RE'SOLV?,D by the .Board of Supervisors of the County of
~ Butte, State of California, that said board finds and determines
6 and hereby declares, as follows, to wit:
7 1. That public interest and n?cessity require the acquisit-
g ion, construction and completion by the County of Butte, of a
g public improvement, namely, a county highway known as East Avenue,
10 in the County of Butte, State of California.
11 2. That public interest and necessity require the acquisi-
12 tion for said improvement of the real property, or interest in the
i3 real property hereinafter described; together with all improve-
14 ments situate thereon, and it is hereby found and determined that
15 the construction of a county highway is a public use, authorized b
16 law, and that public interest and necessity require the construct-
- ~,~ ion of said improvements and the acquisition of said real property
lg hereinafter described, and all improvements situate thereon.
19 3. Said proposed public improvement is planned anal 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 hereinafte
26 described real property, or interest in real property, and all
2q improvements thereon by condemnation in accordance with the pro-
28 visions of the Streets and Highways Code, Code of Civil Procedure,
29 and the Constitution of the State of California, relating to
30 eminent domain, to authorize the auditor to pay from county funds
31 the costs and consideration for said acquisition, and the auditor
32 is authorized to make such payment on counsel`s authorization.
I
1 (b) To prepare and prosecute for the County of Butte such
2 proceedings in the. proper court having jurisdiction thereof, and
$ make such deposits from county funds for fees'-and costs as are
4 necessary for acquisition.
5 (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
8 immediate possession and use of such real property, or interests,
9 or improvements in said real property, as a right of way for a
10 public use.
11 (d) To make deposit of such security out of proper funds
12 under the control of the County of Butta, in such amounts as fixed
13 and determined, and in such manner as said court in which condemn-
14 ation proce?dings are pending may direct, and the auditor is
15 authorized to make said deposit immediately upon the court making
16 said order.
~,~ 5. The real property, or interest in real property, and/or
18 improvements thereof, which the County of Butte is, by this
19 resolution, authorized to acquire for said public improvements in
20 fee simple, is situate in the County of Butte, is by this resolut-
21 ion authorized to acquire for said public improvements in fee
22 simple, is situate in the County of Butte, State of California, an
23 more particularly described in Exhibit "A", attached hereto and ma
24 apart hereof by reference.
23 PASSED AND ADOI'TBD by the Board of Supervisors of the County
26 of Butte, State of California, this 25th day of June, 1968, by the
2'7 follocaing vote _
28 AY~:S: Supervisors Tlunaway, McKillop, Howsden, Pryde, and
NO~;S: None Chairman Maxon
29 ABS~'NT : None
30 OC ~s~-,~~~
ATTB'ST: DONA L. MA N, Chair n of the
33 JESSIE P.OG~RS, County Clerk Butte County Board of Supervisors
.._
and ex-officio Clerk of the
32 Bo rd of Supe~'vi rs
By
_ Dp pu'ty
Axtman-Derrington
1
2
3'
5
6
7
8
9
10
11
12
13
14
15
16
i7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
All that certain real property situate in the County of
Butte, State of California, described as follows:
Being a portion of Lot 7 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 particularly
described as follows:
The northwesterly 37.00 feet of the southwesterly half
of the above said Lot 7, excepting therefrom the northwesterly
30.00 feat conveyed to Butte County by died recorded December
2, 1953, in Book 288 at page 272, Official Records of Buttes
County. Containing an area of 0.012 acre, more or less.
EXHIBIT "A'~