HomeMy WebLinkAbout75-025BI-? ~ ~~ :~ ~ -1 ~` `.~~ .~ ~
BOARn 0~' SUPERVI50RS
COUNTY 0~ BUTT~
STATE 0~' CALIk'ORNxA
RESOLUTION N0. 75-258
RESOT,UTZ0I3 AUTHORIZING ACQUISITION
OF REAL k'ROP~RTY BX EMIN~NT DOMAIN
NECESSARY FOR CONSTRUCTION 0~' A
BAAINAGE DITCH IN THE CQUNTY OF
BUTTE, STATE OF CALIFORN~A
BE 2T RESOLVED by the Board of Supervisors of the
County of Butte, State af California, that said Board finds
and determines and he~reby declares, as follows, to wit:
l. That public i.nterest and necessity require the
acquisition, eonstruetion and complet3.on by the County of Butte,
of a public ~.mprovement, namely, a dra3.nage ditch to conduct
runof'~' water from a county road known as Pentz-Magalia Highway,
and-ad~acent lands in Butte County.
2. That public interest and necessity require the
acquisition for said improvement of the real property, or interest
in tihe rea~ property hereinafter descr3.bed, together with all
improvements situate thereon, and it hereby found and de~ermined
that the construc~ion of a drainage ditch is a public use, authorized
by law, and that publ~.c interest and necessity require tY~e construc~ion
of saicl improvements and 'the acquisition of sa3d real property
hereinafter deseribed, and all improvements situate thereon.
3. Said pro~osed public fmprovement is planned and
located in a manner which will be most compat3.b7.e with ~he greatest
public good and ~he least public in~ury.
4. ~'hat Counsel for the County of Butte ia hereby
au~horized an.d empowered as follows:
(a) To acquire, in: the name of the Countiy of
Butte, a fee simple estate or such necessary 3nterests ~n and
to the hereinafter described real property, or interest i.n real
property, and all improvements ~hereon by condemna~ion in aceord-
ance with the provisions of the Code ot' C3vi1 Procedure and the
Const3tution of the State of ~alifornia, relat~ng to eminent
domain.
(b) To prepare and prosecute for the County of
Butte, such proceedings in the proper court hav~ng ~urisdiction
thereof, and make such deposits for fees and costs as are necessary
for such acquisi~ion.
(c) To make applicat~on to said oourti for an arder
fixing ths amo~nt of $eeurity in the way of monies deposited as.
said court may direct, and ~nr an order permitting the County of
But~e to take ~mmed~ate possession and use of said real property, or
interes~, or lmprovements in said real property, as a right-of-
way for a drainage ditch for public use.
(d) To make deposit of such seeurity in such amounts
as fixed and de~ermined and in such manner as said Court in which
condemnation proceedings are pending may direc~.
5. That real property, or ~nterest in real property,
and/or improvements th~reon, which the County of Bu~te ~s; by this
resolution, authorized to acquire for said pub~ic improvements in
fee simple is si~uate in the County of Butte, S~at.e of Ca13~orn3a,
more particnlarly described in Exhibit "A" attached here~o and made
a part hereof by reference as if set Forth in full.
PASSED AND ADOPTED by the Board of Superv~sors of the
County of Butte, State of California, this 11 day of February ,
1975, ~y the following vote:
AYES: Supervisors Cameron, McKillop, Richter and Ckiairman Richter
NOES : None
A$SENT : Supervisor ~.g
NOT VOTING : None o~'~,77-~,/~i-~~
rman o~'"t~fe Boa~~ oP Supervisors
ATTEST:
CLARK A NELSON, County Clerk anc3
ex-officio Clerk of the Board
$Y ~l.w~C ~L /~w
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, A righ~-of-way~.for the purpose of constructing and main- , ,~
~.o..~.
• taining a drainage facil.ity over tne Westerly fifteen (1S)
~~• Eeet ot ~that cerfiain parcel of l.and described in Deed to ~-
~•.Jahn H. Taft and secorded June 24, 1969 in Book 1571 at page ~'.
,,: ~. •• '. 591., Official .Rt~cords of Butte County, Californi.a and being •~
•. .' more par~icularl.y described as follows: ~ *`
',
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- Co~nencing at the South one-quar~er corner o£'Section 18, • ' ~:
~,
- Township 22 North, Range 4 East, M.D.B.&M., anc~ running
` thence Sou~h 89°37' West along the SoutherYy line of said ~
Section 18 a distanoe o£ 1208.20_~eet to the Easterig
line of Fickett Lane; i . •~ . -
•.. . THENCE North al.ong said Easterly line a distance of 9i5.80 '
feet; ~ ~
~ TF~NCE Narth 89°43' East a distance af 208.7 feet to the .
qrantor's Southwest corner,and the True Point of Beginning ~
of the right-of-way herein described; ~
~ THENCE I3orth.alorig the grantor's Westeriy line a distance
~ of ~32.4 feet to the grantar's Northerly line; •
~ TI~ENCE North 84°43' East•-along said Northerly li~ie a'distance ~ .
• of 15.00 feet: ' •
• ~i.
~.
TI~NCE South and garallel to said Westerly ].ine a distance
of 432.4 feet.to the grantcr's Southerly line; , ~.
.
;:
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~.THEiJCE South 89°43' West alang sazd sou~herly. line a ~ ~~
distanae of 15.00 fee~ more or Iess to the True Point of
,. j , Beginning and contaa.ning 0: i4 8 acres more or less .
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