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HomeMy WebLinkAbout71-249BE 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: lo That public interest and necessity require the acquisition, construction and completion by the County of Butte, of a public zmprovement, namely9 a county highway known as East Avenue in the County of Butte, State of Californiao 2o That public interest and necessity require the acquisition for said improvement of the real property, or interest in the real property hereinafter described, together with a11 improvements situate thereon, and it hereby found and determined that the construc- tion of a county highway is a public use, authorzzed by law, and that public interest and necessity require the construction of said i~nprovements and the acquisition of said real property herein~ afte~ described, and aJ.l ~mpr4vements situate ~hereon. 3. Said proposed public impro~trement is planned and located in a manner which will be mast compatible with the greatest public good. and the least public injury. 4, That the Connty Counsel of the County of Butte is hereby authorized and empowered as follows: (a) To acquire, in the na~ne ofr the County o~ Butte, a fee szmple estate or such necessary interests in and to the herein.after described real property, or interest in real property, and all improvements thereon by condemnation in ~~ccordance with the provisions of the Streets and. Highways Code, Code of Civi7. Procedure and the s Consti~ution of the S~ta~e of Califorrcia, relating to eminent domain~ RESOLUTION ~UTHORTZ~NG ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRUCTTON OF A COUNTY HIGHWAY KNOWN AS EAST AVEIVUE IN THE COUNTY OF BUTTE. STAT E OF CALIFORNIA consideratian for such acquisition, a~d the auditox is authorized ~o make such payment on authorization, (b) To prepare and prosecute ~or the County of Butte, such proceedings in the proper court having jurzsdiction thereof, an~ make such deposits from County funds for fees and costs as are necessary for such acquisition. (c) To make application to said co~rt for an order fixing the amount of security in the way of monies deposited as said court may direct, and for ~n order permitting the County of Butte to take im~nedia~e passession and use of said xeal property, or in~erest, or improvements in sazd rea~ proper~y, as a xight-of~way ~or a public highway ~or publzc useo (d) To make deposit o~ such security out of proper funds under the control of the County of Butte~in such amounts as fixec~. and determined and in such manner as said Court in which can~ demnation proceedings are pending may direct, and the Auditor is authorized to make said deposit immediately upon the court making said a~der. 5. That real property, or in~erest in real property, and/or improvements thereon, which the County of Butte is, by this_resol~tion, authorized to acquire for said public improvements in fee simple is situate in the County of Butte, State of California, moxe particularly described in Fxhibit ~~A'~ attached h.ereto and ~nade a park hereof by reference as i~ set forth in ~ull. PASS~D AND AAOPTED by the Board af Supervisors af the County of Butte, State of California, this 12t~ day of ~ctaber, 197~, by the following vote: AY~S' Supervisors Gilman, Maxon, McKillop and Chairman Reynolds NOES : None ABSF~TT' S~Pervisor Niadigan NOT VOTII3G: 1Vone ~` ~r ~. JER ~ YNOLDS, airman o t e Butte County Board of Supervisors ATTEST : t. C~ARK A. NII,SON, County Clerk and ex~afficio Clerk of the ~oard sy ' 2. ~ W/0 i817 BV~R L. BU~'TS AHD MARILYt~ ~. BUY"PS Butte A parti~on of Lot 32~ as ahowa on ttist certuin map antitled "8e1-Ai.re Subdivision 1lnit ~a. One", wiiich maP aam recorded in the office of the Racarder of the County . of 8utta, StsCe af Califoraia, oa S~tcs~rber 1~ i955~ in Bo3k 2i of Mapa se pages . ;0 and 51~ m~r~ particu~ar2p deseribad as fallarss Beginning at the ~utheaat coraer o! tha above said Lot 32; thence N 73•25'FI aioug , the south lias of said Lot 32, a diat.~:tca of 5.92 fe~t; Chenca westerly along the ~rc of a tnageat 530.00 foot radius curve aonce~ve ~d thd sout~Weat ti~raugh a central dngle of 6°57'S0". a di.stance of 64.42 faet to•tha southwast corner of said Lot 32; thouce 1Q 9'31'10"S alang cha westorly lina of said Lot 32. a dietance of 2.73 feet; ,_ th~ace eaaterlp alosig the ~rc ~f a aoa-taagsat.535.~0 fas~t radiua curve, concava to the eoathweat (~adial lis~a to eaid cusve ~t lhie paint beara N 9°50'46"S) through a . ceatral angla of 6°~i4'14", a dietmnce of 82.91 fe~Ci th~ace 3 73•25'~. a distaace oE 7.?5 fset ta th~ east~rlY lius of aaid 1~st 32;.theace S 16•33"30"W~ 2.50 feet ta ths . pOINt (i! BSGa+BiltiG. ' ,. .. Coatainiug an area of 0.004 acra, mora or less.