HomeMy WebLinkAbout68-128RESOLUTION N0. 68-~1',
BOARD OF SUPERVISORS~~
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPER TY BY
~, EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOWN 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
5 and hereby declares, as follows, to gait:
g 1. That public interest and necessity require the acquisit-
~ 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
13 situate thereon, and it is hereby found and determined that the
1~ construction of a county highway is a public use, authorized by
15 law, and that public interest and necessity require the corn truct-
16 ion of said improvements and the acquisition of said real property
17 hereinafter described, and all improvements situate thereo n.
18 3. Said proposed public improvement is planned and located
lg 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 County of Butte is
22 hereby authorized and empowered as follows:
2g (a) To acquire, in the name of the County of Butte, a
24 fee simple estate or such necessary interests in and to the
gg hereinafter described real property, or interest in real property,
26 and all improvements thereon by condemnation in accordance with
2q 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 Cb) To prepare and prosecute for the County of Butte, such
1 proceedings in the proper court having jurisdiction thereof, and
2 make such deposits from County Funds for fees and costs as are
3 necessary for such acquisition.
4 (c) ~To make application to said court for an order. fixing
5 the amount of security in the way of moneys deposited as said
6 court may direct, and for an order permitting the County of Butte
7 to take immediate possession and use of said real property, ar
8 interest, or improvements in said real property, as a right of
9 way for a public highway for public use.
10 (d) To make deposit of such security out of proper funds
11 under the control of the County of Butte, in such amounts as fixed
12 and determined and in such manner as said court in which condemn-
13 ation proceedings are pending may direct, and the Auditor is
14 authorized to make said deposit immediately upon the court making-
15 said order.
16 5. The real property, or interest in real property, and/or
lry improvements thereon, which the County of Butte is, by this
18 resolution, authorized to acquire for said public improvements in
19 fee simple, is situate in the County of Butte, State of California,
20 more particularly described in Exhibit "A~", attached hereto and
21 made a part hereof by reference as if set forth in full.
22 PASSED AND ADOPTED by the Board of Supervisors of the Count
23 of Butte, State of California, this 6th day of August, 1968, by
24 the following vote:
25 AYES: Supervisors Dunaway, Howsden, Pryde, McKillop and
NOES: None Chairman Maxon
26 ABSENT: None
27 DONALD L. M XON, ~i man
ATTEST:
28 JESSlE ROGERS, County Clerk
and ex-officio Clerk of the
29 Board of Supervisors
30 By ~ Deputy
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A11 that certain real property situate in the County of Butte,
State of California, described as follows:
Being a portion of Lot lb, according to the Map of the
Twelfth Subdivision of the John Bidwell Rancho, near Chico,
Butte County, California, as said Map was recorded in the
office of the Recorder of Butte County, October 3, 190b, in
Map Book 6, at page l0, and more particularly described as
follows:
Commencing at the intersection of the centerlines of North
Avenue and East Avenue, as shown on the above said map; thence
east along the centerline of East Avenue, 205.00 feet to the
true point of beginning of the herein described parcel; thence
north and parallel with the centerline of North Avenue, 35.00
feet; thence east and parallel with the centerline of East
Avenue, 80.00 feet; thence south and parallel with the
centerline of North Avenue, 35.00 feet to the centerline of
East Avenue; thence west along the centerline of East Avenue,
80.00 feet to the point of beginning.
Containing an area of 0.064 acre, more or less, of which
0.055 acre is within the existing right of way of East Avenue.
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