HomeMy WebLinkAbout75-025A~ g__. .:, ~~ - a_ ; ~~ _._ ~ ;~
BOARD OF SUPERVISORS
COUNTY OF BUTT~
STATE 0~' CALIFORNIA
RESOLUTTON N0. 75-25 A
RESOLUTION AUTHORIZING ACQUISImION
OF REAL PROPERTY BY EMINENT DOMAIA~
NECESSARY FOR CONSTRUCTION OF A
DRAINAGE DITCH IN TH~ COUNTX 0~'
BUTTE, STATE OF CALIFORNIA
BE IT RESOLVED by ~he Board of Supervisors o#' the
County of Butte, State of Cal.it'ornia, that said Board ~'~nds
and determines and hereby declares, as folZows, to wit:
1. T~at public interest and necessity require~ the
acquisitivn, construation and completion by the Counby of Butte,
of a public improvement, namely, a draSnage d3tch to conduct
~_~unoff ~v~:'~~er from a caunty road known as Fentz-Magalia H3ghway~
a.nd ad3acen~ iands 3.n Butte County.
2. That publ~.c i.nterest and necess3.ty requ~.re the
acc~uisi~ion f'or said improvement of the real property, or interest
in the real property hereinafter described, together with a11
improvemen~s situate thereon, and i~ hereby found and determined
tha~ the constiruction of a drainage ditch is a public use, authorized
by law, and ~hat publie interest and necessity require the construetion
of said improvements and the acquisition of said real property
hereinafter described, and alJ. improvements situate thereon.
3. Said proposed public improvement 3.s planned and
located in a manner which w~.ll be most compatible with the greatest
public good and the leas'~ publ3.c in,jury.
4. That Counsel for the County of Butte is hereby
authorized a,nd empowered ~s follovas:
(a) To acquire, in the name of the County of
Butte, a fee simple estate or such necessary 3nterests in and
to the hsreinafter described real property, or interest in real
property, and,a~l irnprqvements thereon by condemnation in accard--
ance with •the.provlsions of the Code of Civ~.l Procedure and ~he
-1-
__ ___ _ ,...~... - _ . _. _ _ _
, . . . ~~;~ .
Constitution of tne State of Californ~a, relati~ng to eminent
domain.
(b) To prepare and prosecute for the County of
But~e, such proceedings in th2 proper court having ~urisdiction
thereof, and make such d~posits for fees and costs as are necessary
for such acquisi~ion.
(c) To make application to said eourt for an order
f~x3ng the amoun~ of security in the way o~ monies deposited as
said court may direct, and for an order p~rmit~3ng the County of
Butte to take immediate possession and use of said real property, or
interest, or improvements in said r~al property, as a right-of-
way for a dra~nage d~tch for public use.
(d) ~o make deposit of such security in such amounts
as fixed and determ3ned and in such manner as said Court iM which
condemnation proceedings are pending may direct.
5. That real property, or interest in real property,
azid/or improvements thereon, which tne County of Butte is, by this
resolution, author~zed to acquire fo~ said pub~ic 3mprovemen~s 3n
fee simple is situate in the County of Butte, Sta~e of Cal~fornia,
m~re particularly descr~bed in Exhibit "A" attached hereto and made
a part he~eof by reference as if set forth in full.
PASSED AND ADOPTED by the Board of Supervisors of the
County of ~utte, State of California, th~s l~ day of Februarv ,
1975, by the following vote:
AYES: Supervisoxs Gameron, McKillop, Richter and Chairman Ladd
NOES: None
ABSENT: Supervisor Ma iga
F~iO'P VOTING : None
G irman of e Boa d of Supervisors
A.~TEST :
CS~ARK A NELSON, County Clerk and
ex~-of#'~cio Clerk of the Board
~y ~'~~w...~ 4 `~c.P~
-z-