HomeMy WebLinkAbout71-202BE IT RESQLVED by the Board of Supervisors of the County of
Butte, State of California, that said Board finds and determines and
h.ereby declares, as follows, to wit:
1e That public interest and necessity requzre the acquisition,
construction and. completion by the County of Butte, nf a public
fmprovement, namely, a county highway known as East Avenue in the
County of Butte, State of California,
2, That public znterest and necessity require the acquisition
for said improvement of the real property, or interest in the real
propertq hereinafter described, together with all improvements
situate thereon, and it hereby found and determined that the con-
struction of a county highway is a public use, authorized by 1aw, and
that public interest and necessity require the construction of
said improvements and the acquisifiiori of said real property herein-
after described, and all improvements situate thereon.
3. Said proposed public improvement is planned and located
in a manner which wi11 be most compatible with the greatest pu~lic
good and the least public injury.
4, That the County Counsel of the County of Butte is hereby
avthorized and empowered as follows:
(a} To acquire, in the name of the County of Butte, a fee
simple estate or such necessary in~erests in and to the hereinafter
described real property, or interest in rea~ property, and all
improvements thereon by condemnation in accordance witE~ the provisions
of the Streets and Highways Code, Code of Civi1 Procedure and the
Constztution of the State of California, relating to eminent domain,
to authorize the auditor to pay from county funds the costs and
RESOLUTION AUTHORZZING ACQUISITION OF REAL PROPERTY BY
IIrIINE~IT DOMAIN NECESSARY FOR THE CONSTRUCTION OF A
COUNTY HIGHWAY KNOWN AS EAST AVENUE IN THE COUNTY OF
BUTTE, STATE 0~' CALIFORNIA
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 Butte,
sucn proceedings in the proper eourt 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 eourt for an order fi~ing
the amount of security in the way of moneys deposited as said court
may direct, and for an order permitting the Cov.nty of Butte to take .
immediate possession and use of said real property, or interest, or
improvements in said rea~ property, as a right o~ way for a public
h~ghway 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 conde~uiation
proceedings are pending may direct, and the Auditor is au~horized to
make said deposit immediately upon the court making said order,
5o That real property, or interest in real proper~y, and/ar
improvements thereon, which the County of Butte is; by this
resolution, authorized to acquire for said p~blic 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 fu11.
PASS~D AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 3lst day o~ Au~ust , 1971,
by the fo].Iowing vote:
AYES: Superva.sors Gilman, Mac3~.gan, Maxon, McKillop, and Ck-airman
NOES: Nane Reynolds
ABSENT: None
NOT VOTING: None
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio clerk of the Board
By -~~~ ~ ~~
~
JE E. REYN D, C airman o t e
B t e County Board of 5upervisors
2.
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