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HomeMy WebLinkAbout69-017RESOLUTION N0. 69-)'~ BOARD OF SUPERVISORS 1 2 3 5 6 7 8 9 YO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I 32 ~ COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING ACQUISITI•~N OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A COUNTY HIGHWAY KNOWN A8 STIMPSON ROAD 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 acquisi- tion, construction and completion by the County of Butte, of a public improvement, namely, a county highway known as Stimpson Road in the County of Butte, State of California. 2. That public interest and necessity require the acquisi- tion for said improvement of the real property, or interest in the real property hereinafter described, together 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 thereon. 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 public 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 Procedure and the Constitution of the State of California, relat- ing to eminent domain, to authorize the auditor to pay from County funds the costs and consideration for such acquisition, and 1 2 3 4 5 8 7 8 9 10 11' 12 13 14 15 16 17 Z8 19 20 21 22 23 24 25 2a 27 28 29 30 3Z 32 the auditor is authorized to make such payment on authorization. (b) To prepare and prosecute for the County of Butte, such 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- lation proceedings are pending may direct, and the Auditor is authorized to make said deposit immediately upon the court making said order. 5. The real p:roperty, 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 County ~of Butte, `State of California, this 28th day of .7anuary, 1969, by the following vote: AYES: Supervisor,Dunaway,H wsden,Maxon,Reynolds and Chairman NOES: None Mc.Killop ABSENT: None ~ Mc LLOP, airman o e .ATTEST: ~-~=~-~ ~ ~-~~ B tte County Board of Supervisors 'CLARK A. NELSON, County Cler and ex-officio Clerk of the Board of Supervisors BY. epu 1 2 3 4 5 6 7 8 ,9. 10 11 12 13 14 i5 16 17 18 19 2a 2}. 22 23 24 `25 26 27 28 29 30 37. 32 All that certain-real property situate in the County of Butte, State of California, described as~follows: A portion of Lot 15, as shown. on that certain. map entitled "I°1ap of Watt's Gridley Colony", which map was recorded October 9, 1911, in Book 7 of Maps at page 34, Butte County Official Records, and being more particularly described as follows: Beginning at the southwest corner of said Lot l5, said. corner being at the intersection of the northerly line of Lot B with the northeasterly line of Oroville-Marysville. Road as said lot and road are shown on said map; thence N l7°05'W, along the westerly line of said lot, 460.00 feet; thence leaving said westerly line, N 72°55' E, 10.00 feet; thence S is°48'E, 400.00 feet; thence S 31°59'E, 75.43 feet to the south. line of said Lot 15; thence west along said south line,-43.29 feet to the point of beginning.. Containing 0.194 acre, more or less.' i r EXHIBIT "A"