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Home My WebLink About73-072_ _,_ C~ ~'. ~ RESOLUTION N0. 73-T2 I BOARD OF SUPERVTSORS 1 2 3 10 i~ 12 1.3 14 15 16 17 ].8 is 20 21 22 23 24 25 26 COTJNTY OF BUTTE, STATE OF CAZIFORNrA RESOLUTION AUTEIORIZING ACQUISITZON OF REAL PROPERTY BY EMSNENT DOI~fAIN NECESSARY FOR THE CONSTRUCTION 0F A COUNTY ftSGHWAY TLTTOWN AS EAST AVENYTE IN THE COUNTY Ok' BUTTE, STATE OF CA~IEORN7A BE TT R~SOLtTEll by the BOARB OF SUP~RVISORS of the CounCy of Butte, State of California, that said Soard fznds and determines and hereby declares, as foliows, to wit: 1. That public interest and necessity require the acquisition, construc tion and coanpletion by ehe Coun~.y of Butte, of a public improvement, namely a County Highway known as Eas~ Avenue, in the County of Butte, State o£ CaJ.i.~ornia. 2. That public interest and necessity require the acqua.si.tion for said improvement of the real property, or interest in fihe rea1. property herein- afeer described, together with all improvements situate thereon, and it 3.s hereby found and detarmined. that the construction of a County Highway i.s a public use, authorized by law, and that public interest and necessity require the construc- tion of said improvements and the acquisition o~ sazd real. property hereinafter described, and a11 improvements situaCe thezeon. 3. Said proposed public zmprovement i.s planned and lpcated i.n a manner which wi11 be most compatible with the greatest public good•az~d the ].east pxi.vat ~injury. 4. That th.e 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 fee simple estate or such necessaxy interests i.n and to the herei~.after-described real property, o iaterest in real property, and a1I improvements thereon by condemnation in ac- cordance with the provisions of the Streets & Highways Code, Code o£ Civi3. Pro- cedure and the Constitution of the State of California, re7.ata.ng to eminent domain, to authorize the auditor to pay from County funds tl:~.e costs and ~. ~ '~3- ~z. -2- consideration for said acqui.sition, and the auditor is autihorized to make such payment on authorz.zation. (b) To prepare and prosecute for the County of Butte such proceedings in 1 the proper court having jurisdiction thexeof, and make such deposits from Couney 2 funds £or fees and costs as are necessary for such acquisition. 3 (c) To make applica~.ion ~o said court for an order fixi.ng the amount of 4 security in the way of moneys deposited as said cou~ may direct, and for an order 5 permitting the CounCy of Butte to take iuumedi.ate ppssession and use of said real 6 property or interesCs, or improvements in said reaJ. property, as a right of way 7 for a public highway for public use. 8 {d) To make deposit of such secux'ity,out of proper funds under the con- 9 trol of the County of Butte~, a.n sach amouats as fixed and detercnined and in sucfi J.0 manner as sai.d couzt in which condemnation proceedings are pending ;may direct, I~. and the Auditor is authorized to make said deposit iimnediately upon the court ].2 making said order. 13 5. The real property, or interest in real property, and/or zmprovements I ],4 thereon, which the County of Butte is, by this resolution, authorized to acqnire ~ 15 for said public improvements in fee si_mple, is situate in the CounCy of Bu~~e, 16 State of California, more particularly described in Exhibi~ "A", atrached hereto ],7 and made a part hereof by reference. ~,g PASSED AND ADOPT~D by ehe Board of Supervisors o£ the Coanty of Butte, 19 State of California ae a regular meeti.ng thereo£ on the ~~ day of ._~,~_ _ 'ZQ . by the ~0110~~ votie: 2~. YES: ~upervisor~ Cameron, Gilman, I~add an.d Mad3gan 22 o Es : ~one ~ 23 ` s~v~: Chairman 1~cKillbp Chairman, Bo of Sv.pervisors 24 TTEST: CLark Nelson, County Clerk 2S 26 Cle or Deputy . i ~ _ _ _ _ _ _ _ _. ~~zsa~ ~~A~~ ~ AI~. that real property situate in Che County of Butte, State of Ca1~.fornia, des- cri.bed as follows: Be3ng a portion of Lot 4 as shown on that certain map entit7.ed, "Fifteenfh Subdivision of the John Bidwell Rancho, near Chico, Butte County, Cali.£ox'nia," which map was recorded in ~fie office of the Recorder o£ the County of Butte, 3tate of California, on .Tanuary 25, Z908, in Book 6 of Maps at page 4S, described as follows: Being a portion of tihose certain parcels of land conveyed to Loma Linda University by deeds reco~ded Ju1y 27, 1972, in Book 1773 at Page 85 and in Book 1773 at page 88, Butte Coun~q Official Kecords, more particulariy described as follows: Beginning at the northwest corner of Lot 4 of said subdivision, said corner being at the in.tersection of the centerlines o£ East Avenue with Ceres Avenue (shown as Sycamore l~venue) on said map; thence east aiong said centerline of Last Avenue 240 feet; thence south 35.00 feet; thence west along a line running parallel with and distant southerJ.y 35.00 feet measured perpendicular Co said East Avenue centerline, 7.90.00 ~eet; thence southwesterly on the arc of a 20.00 fooC radius cuxve, concave to the southeast, thxough a central angle of 90°00'00", ~or 31.42 feet; thence south 56.50 £eet; thence west 30.00 feet to the centerline of said Ceres Avenue; thence north aloz~.g saa.d centerline 11Z.50 feet to the PoinC of beginning. Together with a public utz.I.zty and slope easement 5.00 feet in widCh, lying para7.1e1 with the cextter7.i.ne o~ sazd East Avenue and lying southerly o£ the parcel conveyed herein. Containing an area o£ 0,247 acre, mo~e or less, conveyed in fee, 0.187 acre of which is presently owned or occupied by the County of BuCte.