HomeMy WebLinkAbout68-129e
RESOLUTION N0. 68- ~ 1
BOARD OF suPERVZSORS ~9
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPFc1TY BY.
1 E~tiITNENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOWN AS EAST AVENUE IN THE COUNTY OF BUTTE,
2 STATE OF CALIFORi'~TTA
3 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 folloi~~s, to wit:
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 her einafter described, together with all improvements
7.3 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 corntruct-
16 ion of said improvements and the acquisition of said real property
lq hereinafter described, and all improvements situate therms n.
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 County of Butte is
22 hereby authorized and empowered as follows:
2S (a) To acquire, in the name of the County of Butte, a ~
-.24 fee simple estate or such necessary interests in and to the
2g 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
Zg Procedure and the Constitution of the State of California, relating
29 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.
gg (b) To prepare and prosecute far 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.
Cc) ~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.
Cd) 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-
ation proceedings are pending may direct, and the Auditor is
authorized to make said deposit immediately upon the court making-
said order.
ICI 5. The real property, or interest in real property, and/or
I 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 County
of Butte, State of California, this 5th day of August, 1968, by
the fallowing vote: '
AYES: gu ervisors Dunaway, Howsden, Pryde, McKillop and
NOES: Node Chairman Maxon
ABSENT: None
DONAZD Z.. M X~C~n~J
ATTEST:
JESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Board of Supervisors
~ Deputy
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4 All that certain real property situate in the County of Butte,
State of California, described as fo1lo~~rs:
s
Being a portion of Lot 16, according to the Map of the Twelfth
6 Subdivision of the John Bidwell Rancho, near Ghico, Butte
County, California, as said map was recorded in the office of
q the Recorder of Butte County, October 3, 1906, in Map Book 6,
~' at page 10, and more particularly described as follows:
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Beginning at a point in the centerline of East Avenue, which
9 point lies east 285.00 feet from the intersection of the
centerlines of East Avenue and Rorth Avenue, as shown on the
10 above said map; thence from said point of beginning, no rth
35.00 feet; thence east and parallel with the centerline of said
11 East Avenue 65.00 feet; thence along the arc of a tangent 20.00
foot radius curve, concave to the northwest through a central
12 angle of 90°00' a distance of 31.42 feet; thence south 55,00
feet to a point in the centerline of said East Avenue; thence
13 along said centerline west 85.00 feet to the point of
beginning.
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