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HomeMy WebLinkAbout74-130i - `7 ~`- /_~ c; ., R~SOLUTTON N0. 74-13a BOAlZD OF SUPERVISORS COUNTY OF BUT'~~~ STATE OF CALIFORI3L4 RESOLUTION AUTHORIZZNG ACQUISITION OF AN FE~SEME~IT BX ENIINEN~ DOMAIN NECESSARY FOR THE CONSTRUCTION OF A STORM DRAIN iACATED E(~STERLY OE k1, COUNTY EiIGHL]~Y KN04dN ,A,B SKYW~,Y T.N THE COUNTY OF BUTTL STATE OF CALIFORNIA, BE IT RESOLVED by t~e BO~RD OF ffiPERVISORS of the County of Butte, State of Galifornfa, tE~at sai.d Board finds and determines and hereby declares~ 7 8 9 10 11 12 13 I ].4 ].5 ~6 I ].7 18 19 20 22 22 23 24 28 26 27 28 29 30 3 ]. 32 as ~allows, to wit: 3.. That public interest az~d necessity require the acquisition by the County of Butte, of said easement for the construction of said storm drain in the County of Butte, State of California. 2. That public interest and necessity require the acquisition of said storm drain easement, hereinaf~er described, and it is hereby £ound and : determined that the construction of a storm drain is a public use, author- ized by law, and that public interes~ and necessity r2quire tha construction of said impxovements and Che acquisition of said easement hereinafter described. 3. Said proposed public improvement is planned and located in a manner which wiJ.1 be most compatible with the greatest public good and the least pri- vate injury. 4. That the GounCy Counsel of the County of Butte is hereby authorized and empowered as follows; ~a) ~o acquire~ in Che name of the County of Butte, a storm drain easement by condemnation in accordance with the provisions of tE~e Streets and Ha.ghways Gode~ Code of Civil Procedure and the Constitiution oE the State of CaJ.i.fornia~ relating to eminent domain, to authorize Che Auditor to pay from County funds the costs and consideration for said acquisition, and the A.uditor is authorized to make such payment on authorization. 7 ~ /~ ~~j i1, _ ,__ 1 2 3 4 5 8 7 8 9~ 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 ~~ 26 27 28 29 30 31 32 tb) To prepare and prosecv.te for the County o~ Butte such proceedings i.n the propex court having jarisdiction thereof, and make such deposits from County funds for fees and costs as are necessary for such acquisition. tc) To znake applicati.on to said court for an oxdex' £ixiztg the amou~t o£ security ize the way of moneys deposited as said court may direct, and for an order permitting the County o£ Sutte to take immediate possession and use of said easement for a storm drain for pub].i.c use. (d) To znake deposit of such security out of proper funds un&er 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 pending may direct, and the Auditor is authorized to make said deposit immediately upon the I~ court making said order. I ~ 5. The easement which the County of But~e is~ by Chis Resolution~ au~hor- ~ ized to acquire for said storm drain~ is situate in the County of ButCe, StaCe of California, more particularly described in Exhibit "A"~ attached hereto and made a part hereof by reference. PASSED AND ADOPT&D by Che Board of Supervisors of the County of Bntte, State of California a~ a regular meeting thereof on the 1o~~ day af SepCember ~ 1974, b}r the following vote: AYES: Supervisors Cameron, Giiman, Ladd, McKill.op and Chai.rman Madigan NOES: None ABSENT: None NOT VOTING: Nona f hairman, Boar@ upervisors County of Sutte~ S~ate of California ATTEST: C1arEt ~. Nelson, Coun~y Clerk and exroffico Clerk of the Board of Supervisors By:_ ~_Xlc~.l--_~ ~%~~ Clerk or Depu~y