HomeMy WebLinkAbout71-205BE IT RESOLVED by the Board of Supervisors of the County of
Butte, State of California, that said Board ~i.nds and determin~s and
hereby declares, as follows, to wit:
lo That public interest and necessity require the acquisition,
constru.ction and completion by the County of Butte, of a public
improvement, namely, a county highway kn.own as East Avenue in the
County o~ Butte, Stat~e of California.
2. That public interest and necessity require the acquisition
for said improvement of the real propertp, or interest in the ~eal
groperty hereinatter described, togethe~ with all improvements
situate thereon, and ik hereby fov.nd and determ~.ned that the con-
struction of a county highway is a public use, authorized by law, and
that public interest and necessi.ty require the construction of
said improvements and the acqu.isition 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 w~i1 be most compatible wa.~h th.e greatest public
good and the ~.east public injury.
4a That it1~e County Cov.nsel of the County of Butte is hereby
authorized and empowered as ~ollows:
(a) To acquire, in the name of the County of Butte, a~ee
simple estate or such necessa~'y interests in and to the hereinafter
described. real prope~'ty, or interest in real property, and all
improvements thereon by condemnation in accordance with the provisions
of the Streets and High~ca'ays Cod.e, Code of Civil Procedure and the
Constitution of the S~ate of California, relating to eminent domain,
to authorize the auditor to pay from cov.nty funds the costs and
R~SOLUTION AUTHORI~ING ACQUISITION OF REAL PROPERTY BY
II~1IN~NT DOMAIN ~I~C~SSARX FOR TH~ CONSTRUCT101V OF A
COUNTY HIGHWAY TCNOWN AS EAST AV'~N"[7E IN THE GOUNi"Y 0~'
BUTTE, STATE OF CALIFORNIA
and consideration for such acquisition, and the auditor zs authorized
to make such payment on authorizationo
(b) To prepare and prosecute for the County of Bu~te,
such proceed~ngs ~n the proper court having jurisdiction thereaf, and
make such deposits from County funds for fees and costs as are
necessary for such acquisition,
(c) To make application ta said court for an order fixing
the amount of security in the way of moneys deposited as said court
may d~rect, and for an order permitting the County of Butte to take
~mmediate possession and use of said real property, or interest, or
~mprovements 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 o£ the Coun~y of Butte, in such amounts as fixed
and determined and in such mazizxer as said court in vrhich condemnation
proceedings are pending may direct, and the Auditor is authorized to:
make said deposit immediately upon the court making said order,
5, That real property, or interest in real property, and/or
improvements thereon, which the Covnty of Butte is; by this
resolution, authorized to acquire for said public improvements in
fee simple, is situa~e in the County of Butfie, State of California,
more particularly described in Exhibit "A" attached hereto and made
a part hereof by reference as if set forth in ~ulla
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 31st day of _ Au~ust ,~97~~
by the following vote:
AYES: Supervisors Gilman, Madigan, Maxon, McKillop, and Chairman
NOES: None Reynalds
ABSENT: None
NOT VOTING: None
A'TTEST:
CLARK A. NELSON; County Clerk
and ex-officio C1erk of the Board
$y ~~ ~'~` ~`~~,.~
~,
JER . R~XN LD , airman o t e
Bu t Couz~ty Board of Supervisors
20
l:~.+.'sb ['~L'4IlUC >/17L°JV-i
29 -
44-54-OI _.
2~i~21415
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Zu1RY 5. Y.~~FUNS
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~utte
Eeginnin~ at tihe p~in~ of intarsec~ion o£ the e: fating s~ueherZy line ~f ~~st Auenue
taith th^ e~,~erly line oi titat certain ~trip of Lartd cteseribec3 in the deeci t~ L-he
Cifiy ~T Ci~3co un3 recarded i,n ~ool; 28~ of- Officia7. fie^ords, r~~ pn, e 192; E:hence fro~
said p~int o£ Ueg~aanin.~, S 73°29' ~ 13_`i.01 teet alang said southerly ~.~ne oS Enst
Avenue to tlie i~eai.ninin~ af u 2L~~f~at rgdius curve tv the r~ght; ~hence s~uCher%q
r~l~r~g the ~rc ~.~ sa3d aurve thr~u,l~ a ce:~tral nngle ~f II9°58' ~z distance o~ 31.t€Q
feet; the~ca S 1.6°~9' [7, 10.Q~ Eeet ti~ a paint o€ cusp; thence roxttserY~ Alan~ the
~t~e 3f a tAngeizt 20.d0 f~~t zadius curve, concave ta the sautlnaese, ttirzu~~~ fl aenCrttl
an~2e af 89°S3`, a distrnce of 31.~+0 Seet; thence N 73°29' 41, I35.01 f~et ~o g poin~
in the ea4ter}.y l.ine of ~t~at cert~i.ti strip af I~nd ceeded co t.ie City o£ Ct~fco, as
deacriUed aU~ve; t~~ence N 1G°2~}' ;; Lp.QO feet al~n~ said easterly Line ~a L-he p~int
af L•eginnin~.
Can[a3.ning fln axea of 0.036 acre, aare or Iess.
EXHIBIx' ,~~." (
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