HomeMy WebLinkAbout68-130.,
RESOLUTION N0. 68-~,
B0~\RD OF SUPERVISORS3O
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPfftTY BY
1 EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOWN AS EAST AVENUE 1N THE COUNTY OF BUTTE,
2 STATE OF CALIFORNIA
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 follows, to ~a'it:
g 1. That public interest and necessity require the acquisit-
q 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 Cali~nia.
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
1S 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 corvtruct-
16 ion of said improvements and the acquisition of said real property
17 hereinafter described, and all improvements situate thereon.
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:
23 (a) To acquire, in the name of the County of Butte, 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
gg 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
g2 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 r€ialce 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-
ation proceedings are pending may direct, and the Auditor is
authorized to make said deposit immediately upon the court making-
i
~ 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
f.ee 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}
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
~../~-
NALD L. ON, C air an
ATTEST:
JESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Board of Supervisors
By_~~ De
p
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All 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 12th 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, 1906, in Map Boolc 6, at page 11, and more
particularly described as follows:
Beginning at the intersection of the centerline of East Avenue
with the southerly prolongation of the east line of said Lot 16
as shown on the above said map; thence along said southerly
prolongation and the east line of said Lot 16, north 35.00 feet;
thence west and parallel with the centerline of East Avenue
75.00 feet; thence south and parallel with the east line of
Lo f. 16, 35.00 feet to the centerline of East Avenue; thence
east. along the centerline of East Avenue, a distance of 75.00
feet to the point of beginning.
Containing an area of 0.060 acre more or less, of which 0,051
acre is within the existing right of way of East Avenue.