HomeMy WebLinkAbout68-127RESOLUTTON NO . 68- ~ac. ,/ J
BOARD 0~' SUPERVISOT~Sa 7
COUNTY OF BUTTE, STATE OF CALIFORNIA
RE50LUTION AUTHORIZING ACQUISITION OF REAL PROPS TY BY
1 EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOLdN AS EAST AVENUE IN THE COUNTY OF BUTTE,
2 STATE OF CALIFORNIA
g BE IT RESOLVED by the Board of Supervisors of the County of
~ Butte, State of California, that said board finds and determines
g and hereby declares, as follows, to wit:
g 1. That public interest and necessity require the acquisit-
7 ion, construction and completion by the County of Butte, of a
g public improvement, namely, a county highway known as East Avenue
g in the County of Butte, State of Califrxnia.
10 2. That public interest and necessity require the acquisit-
11 ion for said improvement of the real property., or interest in the
12 real property hereinafter described, together with all improvements
i3 situate thereon, and it is hereby found and determined that the
14 construction of a county highway is a public use, authorized by
15 law, and that public interest and necessity require the corstruct-
16 ion of said improvements and the acquisition of said real property
17 hereinafter described, and all improvements situate thereon.
lg 3. Said proposed public improvement is planned and located
19 in a manner which will be most compatible with the greatest
20 public good and the least private injury.
21 4. That the County Counsel of the Caunty of Butte is
22 hereby authorized and empowered as follows:
23 (a) To acquire, in the name of the County of $utte, a
24 fee simple estate or such necessary interests in and to the
25 hereinafter described real property, or interest in real property,
26 and all improvements thereon by condemnation in accordance with.
27 the provisions of the Streets and Highways Code, Code of Civil
28 Procedure and the Constitution of the State of California, relating
2g to eminent domain, to authorize the auditor to pay from County
30 funds the costs and consideration for said acquisition, and the
31 auditor is authorized to make such payment on authorization. ~,
32 (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 Butt, 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 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 full.
PASSED AND ADOPTED by the Board of Supervisors of the Count}
7
of Butte, State of California, this.Kth day of August, 1968, by
the following vote:
AYES: Supervisors Dunaway, Howsdex>, Pryde, McKillop and
NOES: None Chairman ~iax~n
ABSENT: None ~ _~~~
~~ONALD-~N~ ah irm~~
ATTEST:
.7ESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Bo`ar~dn,of Supervisors
By'~C 1~ r
DEputy
Stott - Parcel 15
1 •
2 All that certain real property situate in the County of~Butte,
State of California, described as follows:
3
A portion,of Lot 16, according to that certain Map entitled,
~'- MAP OF THE TWELFTH SUBDIVISION OF THE .IOHN BI DWELL RANCilO,
NEAR CHICO, BUTTE CO., CAL.", which Map was recorded in the
5 office of the Recorder of the County of Butte, State of
California, October 3, 1906, in Book 6 of Maps, at page 10,
6 and more particularly described as follozas:
7 Commencing at the intersection of the centerlines of North
Avenue and East Avenue, as shown on the above said map; thence
8 east, along the centerline of East Avenue, 125.00 feet to the
true point of beginning of the herein described parcel;
9 thence north and parallel with the centerline of North Avenue,
35.00 feet; thence east and parallel with the centerline of
LO East Avenue, 80.00 feet; thence south and parallel with the
centerline of North Avenue, 35.00 feet to the centerline of
11 East Avenue; thence west along the centerline of East Avenue,
80.00 feet to the point of beginning.
12
Containing an area of 0.064 acre, more or less, of which 0.055
13 acre is within the existing right of way of East Avenue.
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