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HomeMy WebLinkAbout71-261B,E IT RESOLVED by the Board of Supervisors of the County of Butte, State o~ California, that said board finds and determines an.d hereby declares, as follows, to wit: l. ~hat public interast and necessity require the acquisi- tion, construction and compl.etion by the County of Butte, of a public improvement, namely, a covnty ha.ghway k.nown as Forbestown Road in the County of Butte, State of California. 2o That public interest and necessity require the acqv.isi- tion for said improvement of ~ehe real property, or interes~C in the real p~operty hereinafter described, together with all improvements situate thereon, and it is hereby found and determined that the construction of a county highway is a public use, authorized by law, and that public interest and n.ecessity require the construction of said improvements and the acquisition of' said real property hereinafter described, and all improvements situate thereon. 3. Said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and tlze least public i~njury. 4. That the County Counsel of the County of Butte is hereby av.thorized and empowered as follows: Ca) To acquire, in the name of ~he County o~ Butte, a fee simple estate or such n.ecessary interests in and to the hereinafter described real property, or interest in real property, ~ and alI improvements thereon. bq condemnation in accordance with ~he provisions of the Streets and Highways Code, Code o~ Civil Procedure and the Constitution of the State of California, relating;. to eminent domain, to authorize tk~e auditor to pay from County fv.nds ~~- ~ 6 I RESOLUTION AU~'HORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR THE CONSTRiTCTION OF A COUNTY HIGHWAY KNOWN AS FORBESTOWN ROAD IN THE COUNTY OF BUTTE, STATE OF' CAI.~I~ORNIA the costs and consideration for such acquisition, and the auditor is authorized to make such paymen~ on author~zat~on. (b) To prepare and prosecute for the County of Butte, such proceedings in the proper court having jurisdiction thereof, and make such deposzts from County funds for fees and costs as are necessary for such acquisitiono (c) To make application to said court for an order fixing the amount of security in the way of moneys deposited as said court may direct, and for an order permitting the County 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 tor a public highway 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 condemnation proceedings are pend~ng may direct, and the Auditor ~s • authorized to make said deposit im~nediately upon the cour~ making said order. 5. The real property, or interest ~n real property, and/or improvements thereon, which the County of Butte is, by this resolution, authorized to acquire for said public improvements in fee simple, is situate in the County of Butte, State of California, more particularly described in ~chibit "A", attached hereto and made a part hereof by reference as if set forth in full. PASSED .AND ADOPTED by the ~oard of Supervisors of the Covnty o~ Butte, State of California, this 26th day of October , 1971, by the following vote: AYES: Supervisors Cilman, Madigan~ Maxon, McKillop, and Chairman NOES: No~e Reynolds ABSENT: None NOT VOTING: l~one c` !'~, ,,~~(~, JE , E. REYN T.D- , C airman o tFie AT'TES'~: Bu~xe County Board o~ 5upervisors CLARR A. NIIaSON, County Glerk and exMofficio C1erk of the Board gy `• ~~1 N,~1K.~a~-_t~~. 20 ~ill R3. FA5 759(/) F, 37--'75-1~ " 0--832E9 :.RRL H. ET..~iK~ fs~3D cXLr: ;p: ~. BLAK ~,, H1Ta8r?i~D A2JD 'dTFE, ~~ID Id~_T~I.,Tw I~lxY IiLAK:: ' ilutte ':;;, tY:n..t o,.tinr. oi' t.he southes~t cuarter of thc southkest qnarter of ;% seotian 17, t,osmshig I9 narth, ran~e b er~st~ M. D. 1~;. s DoLU::~ed on the nor~:~ by~ the snuth li.ne ot the Oroville-I~arbe,~town Rae~d as ~s~iu s~vth li~e existad on ~'c~r~uery I~ I97'1.~ and bourded on the aouth tr,- i'~rl].o~;intr aasc;rfbad lines :.~a£-inr._aL, nt fl roint ~n tt:e south ~.fr.e of ~td southy.=e ,t Quartrr of sect3.~n 17, ~.^.id poSrzt bein~ dfstnnt P;89°l.?'17" j7, i37.91 :eet fron the 9outhe~s;: eorn~r o~' snfd snuthuest nuarter of eectiob l;; tlience I~32°26~ 55" w~ ~:~~.F~S ~'wet.f thence N39p31.'25" 11~ 32:'.11 feat~ thenee Y./.~.5°43'1.l~" tJ~ ?t~:+./_3 foe', t~s t't~+ w~st 21ne of that certaSsi psrcel cf .1e.r~ conv~~•ed tc :'~ri ~:. <<iekn t~xxi :~i.leen H. Dleke ~y ~aed, recarced in the cxffice of the r~ca~der c: th~ Ccur.ty of Butta, Stnte oF Californi~, on JF~~sry l;~ 1g64~ ~n~k;~ak 15;0, st ~a~e ;g2. Conteining en ar~e of 1.2Z acre~ mora or lesa.