HomeMy WebLinkAbout68-1261'
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RESOLUTION NO. 68~-C,?~.~
BOARD OF SUPERVISOR G
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUT~IORIZING ACQUISITION OF RF~AL PROPERTY BY
EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGI-IIdAY KNOZdN AS EAST AVENUE 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 East Avenue
in the County of Butte, State of Calif~nia,
2, That public interest and necessity require the acquisit-
ion for said improvement of the real property, or interest in the
real property her einafter described, tagether with all improvements
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 therms n.
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 I
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 authorization.
(b) To prepare and prosecute for the County of Butte, such
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proceedings in the proper court having jurisdiction thereof, and
make such deposits from County 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 possession and use of said real property, or
interest, or improvements in said real property, as a right of
way for a public highway for 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
at ion 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 thereon, 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, State of California,
more particularly described in Exhibit "A", attached hereto and
made a part hereof by reference as if set forth in fu11.
PASSED AND ADOPTED by the Board of Supervisors of the Gount,
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of Butte, State of California, this ,6th day of August, 1968, by
the following vote:
AYES: Supervisors Dunaway, Howsden, Pryde, McKillop and
NOES: None Chairman Maxon
ABSENT ; None ~~ ~ ~ ~~~
DONALD L. M XON, C~irman
ATTEST:
JESSIE ROGERS, County Glerk
azid ex-officio Clerk of the
Board of Supervisors. -~-~3
.Deputy
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A11 that certain real property situate in the County of Butte,
State of California, described as follows:
A portion of Lot 16,' according to the Map of the Twelfth
Subdivision of the ,3ohn Bidwell Rancho, near Chico, Butte
Courr',y, California, as said Map eras recorded in the office
of the Recorder of Butte County, October 3, 1906, in Map
Book 6, at page 11, and more particularly described as follows:
Beginning at the intersection of the centerlines of East and
North Avenues as shown on said Map; thence north along the
centerline of North Avenue, a distance of 200 feet; thence
east and parallel with the centerline of East Avenue, 30.00
feet; thence south and parallel with the centerline of North
Avenue, 145.00 feet; thence southeasterly along a tangent curve,
concave to the northeast, having a radius of 20,00 feet, through
an angle of 9000'00 ", a distance of 31.42 feet; thence east
and parallel ~~rith the centerline of North Avenue 75.00 feet;
thence south and parallel with the centerline of North Avenue,
35.00 feet to a point in the centerline of East Avenue; thence
west along the centerline of East Avenue 125 feet to the point
of beginning.
Containing an area of 0.216 acre more or less, of which 0.203
acre is within the existing right of way of East Avenue and
North Avenue.