HomeMy WebLinkAbout72-053• ~...- .~ ~
COUNTY OF BUTTE
STA~~ OF CALIFORNIA
RESOLUTION ND. 72--5~j
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RESOLiJTION AUTHORIZING ACQUISITION OF REAL PROP73RTX BX EMINEI3T
DOMAII~ NECESSARY FOR THE CONSTRUCTION OF A COtJNTY I-IIGHWAY TNTEIt-
SECTYON KNOWN AS PEARSOIV AND C~ARK INTERSECTION IN THE COUNTY OF
BIITTE STATE OF CAZIFORNIA
B~ IT RE56LVED by the Board of Supervisors of ~he County of Bu~tie,
State of California, that said Board ~inds and determines and hereby declares,
as follows, to wit;
1. That public interest and necessity ~equire the acqv.isition,
construction and completion by the County of Butte, o€ a public improvement,
namely, a c~unty highway intersection known as Pearson an.d Clark intersection
in the County of Butte, State of California.
2. That public interest and necessity require the acquisition for
said improvement of ~he real property, or interest in the real property here-
inafter described~ together with a13. improvements situate thereon, and it
hereby ~ound and detexmined that the construction of a county highway is a
pubJ.i.c use, authozized by law, and that public interest and necessity require
the const~uction of said improvements and the acquisition of safd real
property herei.na~tex descxibed, and all improvements situate thereon.
3. Said proposed publ~;~ i.mprovement is planned and loca~ed in a manner
which will be most compatible with the greaeest public good and the least
public injury.
~, That the County Counsel of the County of Butte is hereby authorized
and empowered as follows:
(a) To acquire, in the name of the County of Butte, a£ee s_imple
estate or such necessary inCerests in and to the hereinafter--described real
property~ or in~erest in reaL property, and all improvemen~s thereon by con-
demnation in accordance with the provisions of the Stree~s and Highways Code~
Code o€ Civil Procedure and the Constitution of the State o£ Cali~ornia,
rela~ing to eminent domain, to authorize the auditor to pay from county funds
the costs and consideration for such acquisi.tion, and the auditor is auChorized
to make such payment on authorizatzon.
(b) To prepare and prosecute for rhe Couneq of ~utte, such pro-
ceedings in the proper court having jurisdiction thereof, and make such
deposa.ts from County funds for fees and costs as are necessary for such
acquisition.
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(c) To make application to said court for an order fixing the
amounC of securiCy in the way of moneys deposited as said court may di.rect~
and for an order per mittin~ the County o£ Butte to take immedi.ate possession
and use of said real properCy, or interest~ or improvements in said zeal
property~ as a right of way for a public highway for public use.
(d) To make deposiC of such security ouf 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 pendfng
may dfrec~C, and the Auditor is authorized to make said deposit fmmediately
upon the court making said order.
5. That real property, or interest in reai property, and/or improve-
men.ts thereon, w[~ich 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 ~xhibit
"A" attached hereto and made a part hereof by reference as if set forth in full
~ASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State o£ Califoxn~a~ thi.s ~.4'~h day o£ c' M2.PCh ~].97Z~
by the following voteo
AY~so Supez~viso~s Maxon, MeKillop and Chairman Gilman.
No~s: None
ABS~NT: Supervisors Madigan and Re~nolds
NOT VOTING s Prone Q
Art Gilman, Ch man
Butte Connty o rd of Supervisors
ATTEST: Clark A. Nelson, County Clerk
and ex-officio Cleric of the
Board of Supervisors
By: ~~ ~ ~-~-
Clerk or Deputy
EXIi2BIT nAn
~1.1I that cerCain real property situate in the County of Butte~ State of California~
described as follows:
A porCion of t[~e noft~west quarter of the northeast quarter of Section 23~ ~22N~
R3E~ MDB&M~ Butte County~ California~ more particularly descxibed as fo3.7.ows:
Commenc3ng at the northwest corner of the property sold by Arthur Day and Gladys Day~
husband and wife, to A. Pleshko and G. Pleshko~ husband and wife, by deed~ datied
August 31, I950 and recorded September S~ 1950, in Book 5b1, at page ~.5 in t[~e Official
ltecords of Butte County; thence east along the nath boundarq line of said property~
105 feet; thence south on a line parallel with the west boundary l.ine of said propertiy,
75 feet; thence west on a line P~~aiiei wi~Ch ~.he nor~h boundary line of said property~
105 feet; thence north along the west boundary line of said proper~y, 75 feeC tio Che
point of beginning.