HomeMy WebLinkAbout71-034Resolufion No.
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RE50LUTION ALiTHORIZTNG ACQUISITION OF REAL PROPERTY BX
EMINEI3T DOMAII~ NECESSARY FOR THE CONSTRUCTION OF A
COUN'I'Y HIGHWAY K~IIOWI~F QS CANYON DRIVE IN THE COUNTY OF
BUTTE. ST,ATE OF CAT.~IFORNIA
BE IT RESOLVED by the Board af Supervisors of the County of
Butte, S~a~e of California, that said board finds and determines
and hereby declares, as follows, to wit:
1. That public interest and necessity require the acquisiW
tion., construction and completion by the County of Butte, of a
public improvement, namely, a county highway known as Canyon Drive
in ~he Caunty of Butte, State of California.
2. ~hat pub~.i.c interest and necessity require the acquisi-
tion for said improvement of the real property, o~ interest in the
real property hereinafter described, together with all improvements
situate the~eon, and it is hereby found and determined that the
construction of a county highway is a public use, authorized by
1aw, and that public interes~ and necessity requzre the construc~
tion af said improvements and the acquisition of said real property
hereinafter described, and a11 improvements situate thexeon.
3. Said proposed public improvement is planned and located
in a manner which will be mas~ compatible with the greatest
public good and the least public injuxy.
4. That the County Counsel of the County of Bu~~e is
hereby authoxized and empowered as follows:
(a) To acquire, in the name of the County of Butte, a
fee simple estate or such necessary interests zn and to the
hereinafter described real property, or interest in real property,
and all improvements thereon by condemnation in accordance wi~h
the provisions of the Streets and Ha.ghways Code, Code of Civil
Procedure and the Constitution of the State of California, relat-
ing ta ezninent domain, to authorize tne auditor to pay from
County funds the costs and consideration for such acquisition, and'
the auditor is authorized to make such payment on authorization. -
(b) To prepare and prosecute for the County of Bu~te,
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
co~rt may direct, and for an order permitting the County of Butte
to take immediate possession and use of said real property, or
intexest, or improvements in said real px'opertya as a right of
way for a p~blic highway for public usee
(d} To make deposit of su.ch security out of proper
funds under the control of the County of Butte, in such amounts as .
fixed and dete~min.ed and in such manner as said court in which
condemnation proceedings are pending may direct~.and the Auditor is
authorized to make said deposit immediately upon the court making
said ordero '
5. The real property, or interest in rea~. property9 azd/or
improvements thereon, which the County of Butte is, by this
resa~.ution, authorized to acquire for said public improvements in
fee simple~ is situate in ~he County of Butte, State of Ca7.ifornia,
more particularly described in Exhibit paA", attached hereto and
made a part hereof by raference as if set torth in full.
PASSED AND ABOPTED by the Board of Superviso~s of the
County of Butte, State of California, this ~ day' of February, 1971,
by the following vote:
AYES: $upervisors Madigan, Maxon, McKi~lop, and Chairman Reynolds
NOES: None
ABSENT:Supervisor Gilman
NOT VOTING: None ~~ ~ / '
~
JERE REYNOLDS, airman, Butte
Coun Board of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk
and ex,officio Clerk of the Board
~y -~~~~ ~~
. ,_ - _ ~
` Canyon Dxive 27553-68-1 :'
~ 5
~ 34-o4-7r
0-82042
TIiE ESTAT~ OT' ALFRED AIKEN
S
Butte
All that certain real property situatie i.n the County of Butte, 5tate of Ca3ifarnia,
descr~bed ~s follows:
~s portion of Lot 29 of Oroville-tdyandotte FruiC Lands, Unit Ho. 2, accordino to the
Off~cia2 ~fap th=reof, fil°d 'zn th~ effice cf ~:~ P.eco~der of t:~e Ccua~y af vutt~,
State of Californi.a, r~arch 7, Z927 i.n Footc 11 0£ 1:•Iaps, a~: pages ~.1 and 12 and :~ore
particu:arly described as foilaws:
Be~inning a~ the norttnaesC corner. of said Lot 7_9; said corner beS.ng in the center-
lin.e of Canyon Drive; thence alon~ tlie r.ort!~er}.y l~ne o£' said Lot 29, I~ b8°38'S4"S,
53.35 feet; thezzce S p°55'06"E, 415.42 feet to the nor~h line of thaL- certain
pazcel oi lanJ conveyed to ~arl L. Van Deventer and .T~nice J. Van Deve~ter by deed
recor8ed Apri.l 7, 1°68, in BooEc 1306 at pa~a 458, O~~i.axal Records af Butte Cour.Cy;
tihence alo~-~~ said north 1~ne S II9°03`54"[+1, 50.~J0 feei: ta the ~rest Line oi said
Lot 29; ?~hence along s~id west lzne P? 0°S6'06"Ws 39b~81 feet to t~e paint of
beginni_ng.
Cpntaining an area of 0.466 acre, moxe or less, 0.277 acre of t~~hich ~iec within ~he
ex~sting Canyon Drive ribht o.f <<tay.