HomeMy WebLinkAbout73-068. __
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RESOLUTION N0. ~~^~6$
BpARD OF SUPERVISORS
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GOUNTY OF BUTTE~ STATE OF CALIFORNIA
RESOLUTI6N AUTHORIZING ACQUISITION OF REAL PROPERTY BY
EhIINENT DOMAIN NECESSARY FOR TAE CONSTRUCTION OF A COUNTY
HI~HWAY KNOWN AS EAST AVENU~ ~C~R~S.AV~NUE TO CEAi~TOTHU5
AVENU~1 IN TH~ COUNTY 0~' BUTTE, STATE OF CALIFORNIA
BE IT RESOLVED by the BOARB OF SU1'~RVTSORS of the County of Butte,
Sta~e of California, that said Board finds and determines and hereby declares,
as follows, to writ;
1. That public interest and necessity require the acquisition,
construction and completion by the County of Butte, of a public improvement,
namely a County Highway known as East Avenue ~Ceres Avenue to Ceanothus Avenue),
in th.e County of Bufite, State of California.
2. That public interest and necessity require the acquisition £or
said improvement of tE~e real property, or interest in the real property herein-
a~tex described, togethex with all improvements situate thereon, and it is
hereby ~ound and determined that the cons~ruction of a County Highway is a
public use, authori.zed by 7.aw, and that public interest an.d necessi~y require
the construction of said improvements and the acqu9.sitiozt of said rea7. progerty
hereinafter described, and all impxovements ~ituate thereon.
3. Said proposed public i.znprovement i.s p7.anned and 7.ocated in a
manner w[~ich will be most compatibie with the gxeatest publi,c good and the
least private injury.
4. That the County Counsel of the County of Buttei is hexeby autho7riz
and empowered as follows;
~a~ To acquire~ in the name of the County of Butte~ a fee simple
estate or such necessary interests in and to the hereinafter described real
prop~rty? or ~.nterest in real property~ and a~.I improvements thereon by con-
demnati.on i.n accoxdance with the prpvisions of the Streets and Highways Code,
Code of Civil Procedure and the Consti~ution of ~he SCa~e of California, relat-
ing to eminenC domain, Co authorize the anditor to pay from County funds the
cosCs and considera~ion for said acquisiCion, and the auditor is authorized to
!~ make such payment on au~horizaCion.
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(b~ To prepare and prosecute for the County o~ Butte such proceedings
in the proper court having jurisdiction thexeo£, and make such deposits from
County funds for fees and costs as are necessary fior such acquisition.
~c) To make applicatiore to said courfi for an order fixing Che amount
of security in Che way of moneys deposited as sAid court may direct, and ~or an
oxder permitting the County of Butte to take immediate possession and use of
said real property, or interests, or i.mpxavements in said real property, as a ri~
of way for a public highway for public usee
(d) To make deposit of such securitp out of proper funds under the
contro7. o£ the County of Butte~ in such amoun~s as fixed and determined and fn
such ~stanner as said court in which condemnation proceedings are pending may
direct, and the Auditor is authorized to make said deposit immediately upon the
couxt making said order.
5. The real property, or in~erest in real property, and/or imgrove-
ments t[~ereon, which tihe County of Butte is, by tltis Resolution, authorized to
acquire for said public improvements in fee simple, is situate in. the Coun~y of
Bu~~e, SCate of Ca1i£ornia, moxe particularly described in Exhibit "A", a~tached'.
hereto and made a part hereof by reference.
PASSED AND ADOPTED by the Board of Sugervisors o£ the County of Butte,''
SCate of California at a regular meeting thereof on the ~~ day of Anril
1973, by the fol3.owing vote:
AYas: Supervisors Camez~on, Gilman, Zadd, Mad~.~;an and ~hairman Mcl~il
No~S: None
ABS~NT: None
NOT VO~ING: j+~0y~@ ~ ~ . I
', ATTEST: CLARK A. NELSON~ County C1erk
and ex-officio C1erk o£ the
~I Board of Supervisors
II By: ~~~ `~ • ./L,~~-s~^
Clerk or Deputy
alrman~ Board o~f Supex'viso
ounty of Butfez State of Ca
p
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EXHIBIT "A"
Being a portion of Lot 28 as shown on that certain map entitled9 "Fifteenth
Subdivisi.on of the ,Tohn Bidwel3. Rancho~ near Chico, Butte CounCy, California",
which map was recorded in Che office of tE~e Recorder of the County of Butte~
State of Cali~ornia on January 25, I908 in Book 6 0£ Maps, at Page 48, des-
cribed as followse ,
Be9.ng a portion of thaC certain parcel, of I.and conveyed Co Malvis ~'. rsaacs aztd
Maxie 3. Isaacs bp deed recorded July 7, 1967, in BooEc 1~+77, at Page 608, Butte
County Officiai Aecords, more particularZy described as follows:
A strip of land 35.00 feet in width, lying adjacent to and northerly of the
following-described 3.ine:
Commencing at the southeast coxner of Lot 28 of said subdivision, said corner
being ae the intersection o~ the centerlines o£ East Avenue with Mariposa Aven.ue
as shown on said map; thenca S 89°58'18"W 106 fee~ along the said center7.ine of
~ast Avenue to the TRUE POINT OF BEGIiVNING; ~hence continuing along said centex-
].ine S 89°58~18"W, 85 feet ko the end of the herein-descrihed line.
Together with a public tttiJ.ity and slope easement 5.00 feet in width lying
adjacent to and noxthezly of the parcel conveyed herein.
Containing an area o£ 0.068 acre, more or less, conveged in fee, 0.048 acre of
which is presently owned or occupied by the County of Butte.
4/19/73