HomeMy WebLinkAbout74-0501
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RESOLUTION N0. 74-50
BOARA OE SUK~RVISORS
COUNTY OF BUTTE~ STATE OF C4LIFORNIA
RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN NEGESSARY FOR THE CONSTRUCTION OF A COUNTY
HIGHWAY KNOWN AS.SxYWAY IN THE COUNTY O~ BUTTE~ STATE OF
CALI~'ORNIA
BE TT RESOI~VED by the BOA1tD OF SiFPERV250RS of the County o£ BuC~e,
State of California, that said Board finds and de~ermines and hereby declares,
as foll,ows, to wit:
1. That public interes~ and necessity require the acqnisition, const-
r~cCion and completion by the Couttty of Butte, of a pubZic improtrement~ namely
a CounCy Highway known as Skyway, in the County of Butte, State of California.
2, That publi.c 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 is hereby
found and determined that the construction of a County Highway is a;.public use,
authorized by 1aw, and that public interest and necessity require the construc-
tion of said improvements and the acquisifiion of said rea7. property hereinafter
described, and a11 improvements situate thereon.
3. Said proposed pub].ic a.mpz'ovecnent is planned and located in a manner
which wiil be most compatib7.e wi.th the greatest public good and Che least pri^
vate injury.
4. That the County Counsel of the County of Butte is hereby authorized
and empowered as follows.
(a) To acqvire~ in the name of ~he Countq of Butte, a fee simple estate
or such necessaxy in~Cerests in and to the hereinafter-described xea7. pxoperty,
ox i.ntexest in reai property, and all improvements thereon by condemnation in
accordance wiCh the provisions of tlte Streets and HigFiways Code, Code of Civii
Procedure and the Constitution of the State of Californi.a~ xelating to eminent
doinain, to authorize the A.uditor to pay from County funds ~he costs and'consid-
eration for said acquisition, and the Auditor is au~horized to maLce such pay^
Ilment on authorization.
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(b) To prepare and prosecute for the County of Bu~te such proceedings
in the proper cour~ having jurisdiction thereof, and make such deposits from
County funds for fees and costs as are necessary for such acquisition,
(c) To make application Co said court £or an order fixing the amaunt
of security in the way of moneys deposited as said court may dixect, and for an
ordex permitting the Caunty of Butte to take i~nediate possession and use of
said real pxoperty, or interests, or xmprovementis in said zeal properCy, as a
right of way £or a public highway for public use.
(d) xo make deposit of such security ou~ of proper £unds under the
controZ o~ the CounCy of Butte~ in such amounfs as fixed and determined and in
such mannex as said court in which condemnation proceedings are pending may
direct, and the Auditor is aut~orized to make said deposit immediately upon the
couxt making said order.
5e The real. property, or interest in real property, and/or impxove^
ments thereon, which the County of Butte is, by this Resolution, authorized ~o
acquire for said public impxovements in €ee simple, is situate in the County of
$utte, Statie of California, moxe particularly described in Exhibiti "A",
attached hereCo and made a part hexeof by re~erencee
PASSED AND A]70PTED by the Board of Supervisox's of the Coun~y of
Butte, State of California at a regular meeCing thexeo£ on the Zna
day of April , 197_4 , by tihe following vote:
AYES: Supervisors Cameron, Gilman, ~add, McT~illop and Chairman Madigan`
NOES: None
ABSENT: None
NOT VOTING: None
i
C airman~ Board o€ pervisors '
ounty of Butte, State of Ga].iforn.':: J
ATTEST: Clark A. Nelson, County
Clerk and ex~offico Clerk
of the Board of Supervisors
By: ~'~4~
Clerk or Deputy
~XHIB~T "A"
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