HomeMy WebLinkAbout71-020BE IT RESOLVED by the Board of Supervisors of the County of
Butte, State ot California, that said board ~inds and determines
and hereby declares, as follows, to wit:
l. T~at public interest and necessity require the acquis~-
tion, construction and comp~etion by the County of Butte, o~ a
p~blic improvement, namely, a county highway known as Canyon Drive
in the County of B~tte, State of California.
2. That public interest and necessity require the acquisiW
tion ~or 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 ~hat the
construction of a county highway is a publie use, authorized by
1aw, and that public interes~k and necessity require the construc-
tion of sazd improvements and the acquisition of said real property
herei.na~'ter described, and all. improvemen~s situate thereon.
3. Said proposed public impravement 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 condeinnation in accoxdance with
the provisions o~ the Streets and Highways Code, Code of Civil
Proeedure and the Constitution of the State of Cal.ifornia, relat-
RESOLUTION AUTHORIZING ACQUISITION OF REA~ PROPERTY BY
EMINENT DOMAIN NECESSARY FOR THE CONSTRUCT~QiO~ A
COLINTY HIGT~WA~ KNOWN AS CANYON DRIVE II~F THE COUN~'X OF
BU~TE. S~'~:T~ 0~' CALIFORNIA
County funds the costs and consideration for such acquisition, and
the auditor is authorized to make such payment on authorzzation.
(b) To prepare and prosecute for the County o~ Butte,,
such proceedings in the proper court having jurisdiction thereo~, 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'
tixing the amount of security zn the way of moneys deposited as said
court may'direct, and ~or an order permitting the Coun~y 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 publi.c use.
(d) To make deposit of such security out of proper
funds unde~ the control of the County of Butte, in such amounts as
fixed and determined and in such manner as said court in which
condemnation proceedings are pending may direct, and the Audi~.or is
authorized to malce said deposit immediately upan 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 ~his
resolution, authorized to acquire for said public improvements in
fee simple, is situate in the County of Butte, State of California,
more particulariy described a.n Exhibit "'A'~, attached hereto and
made a part hereof by reference as if set forth in fu11..
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of Ca1 ifornia, this g~~y day cf ~'ebruarV , 19~~,
by the following vote: ~
A'TTEST :
AYES: Sup~rvisors Gi,lman, Madigan, Maxon~ McKil~op, and
NOES: None Chairman Reynolds
ABSENT: None
NOT VOTING: None ~ ~
JERE E, OLDS, C irman o t e
ButtejC~ounty Board of Supervisors
V
CLARK.A. NELSON, County Clerk and
ex-officio Clerk of the Board
~y ,
Rex B. Brown .
Car~yon Arive
Projec~ No. 27553-68-1 . ,
Parcel. No. 2 ~
A portion of Lot 48 of Oroville-Wyazadotte Frui~ Lands, Unit No. 2, according to the
Official Map thereof, filed in the office o£ the Recorder of the County of Bu.~~e,
State of California, March 7, 1927 in Book 11 of Maps, at pages 11 and 12 and more
p~rticularly described as follows: ~
B~ginning at the northwes~ corner of said Lot /~8, said corner being in the centerline
o° Canyon ~rive; thence along the north line ot said lo~, N 89°03':4"~, :0.00 feet;
t::~nce S 0°56'Ob"E, 208.~E3 feet; ~hence S 0°12'40"W, 4.99.97 ~eet; thence SO°56'06"E,
88.17 feet to the northerly line of ~hat certain parcel of land conveyed to the Gounty
of Butte by deed recorded 4pri1 4, ~957, in Book 82Q at page 200 of Official Records
of But~e County; thence along saa.d northerly line N 60°S3'10'~W, 46.21 feet to the west
l~~e of' sa-d Lot /~8; thence along said line N 0°;6~06"W, '773•03 feet to tHe Point of
B=ginning.
Containing an area of 0.826 acre, more or 1ess, d.538 acre of tiYhich lies within the
e>:is~9.ng Ganyon -rive right of way.
a .
(Canyon Drive 27553-E~-~)
1/26/71