HomeMy WebLinkAbout75-025DBOARA fl~' S[TPERVISORS
COUNTY OF BUTTE
STATE OF CA~,IFOANIA
RE50LUTION N0. 75-25D
J_'y_.~`, c1. '7 - ~I.'~T _~~ ' _ .,..-
RESOLUTION AUTFiORIZING ACQU~SITION
OF REAL PROPET~TY BY EMINENT DON[ATN
NECESSARX FOR CONSTRUCTION OF A
DRAINAGE DiTCH IN THE COUNTY OF
SUTTE, STATE Ok' CALIFORNIA
BE IT RESOLVED by tha Board of Supervisors of the
County of Bu~te, Sta~e of Californ~a, that said Board finds
and de-termines and hereby declares, as follows, to wit:
1. That public interesti and necessity:requ3re t~e
acquisition, construction and completion by the County of Butte,
of a public 3.mprovement, namely, a drainage ditoh to conduct
runoff water from a county road known as Pentiz--Magalia Highway,
and adjacent lands in Butte County.
2. Tha~ public interes~ and necess~.ty require the
acquisition for sa3d improvement ot' the real properGy, or in~eres'~
in the real property hereinafter described, together with aIl
improvements situate thereon, and i~ hereby found and determined
that the construction of a draina~e ditch is a publio use, authorized
by,law, and that publ3c interest and necessity require the eonstructian
of said improvements and the acquisition of sa~.d real property
hereinafter described, and all imp~ovements situate thereon.
3. Sa3d proposed public ~.mprovement is planned and
located ~n a manner which will be most compatible with the greatest
public good and the least public in~ury.
4. That Counsel for ~he Countiy of Butte is hereby
autho~rized and empowered as follows:
{a) To aequire, in the name of the County of
Butte, a fee simple estate ar such necessary interests in and
to the hereinafter descr3bed real p~operty, or interest in real
property, and a11 improvements thereon by condemnation in accord-
ance with the provisions of th8 Code of Civil Procedure and the
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Constitution of the State of California, relating to em~nent
domain.
(b) To prepare and prosecute ~or the Caunty of
Butte, such proceedings in the proper court having jurisdiction
thereof, a.nd ~ake such degosits for fees and costs as are necessary
for suc~ acquisition.
(c) To make application ~o said court ~or an order
fixing the amount of secur3ty in the way of monies deposited as
said court may direct, and for an order permitting the County af
Butte to take immediate possession and use of said real property, or
interest, or impxovements in said rea~ property, as a right-af-
way for a drainage ditch for public use.
{d) To make deposit of such secur3ty in such amounts
as f~xed and determined and in such manner as said Court in which
condemnation proceedings are pending may direct.
5. That reaZ property, or interest .in real property,
and/or improvemen~s thereon, which ~he County of Butte 3s, by this
resolutian, authorized to acquire for said public improvements in
fee simple is si~uate in the County of Butte, 5tate of California,
more particularly described in Exhibi~ "A" attached hereto and made
a part hereof by reference as if set forth in full,
PASSED AND ADOP~ED by the Board of Supervisors oF the
County of Butte, S~a~e of Californ3a, thi~ 11 day of February ,
19T5, by the following vo~e:
AYES: Supervisoxs Cameron, McKillop, Richter and Chairman Ladd
NOES : None
ABSENT: Supervisor d~.ga
NOT YOTZNG : I~Tona - ~
C irman of th oard f Supervisors
ATTEST:
CLARK A NELSON, County Clerk and
ex-of f3.c~.o Clerk of the Board
By I~•~-
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A right-of-way for the purpose of constxucting and main~aining - k
a drainage facility over the Wes~erly fifteen (15) feet of ~~ - ~
~tha~ certain parcel of iand described in Deed recorded 3une 13,
1960 i •
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n Book 1062 at page 351 pfticial ltecords of Butte County,
~California and bein
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par
cular~.y described as follaws:
.Conunencing at the South one~quar~er corner o£ Section 18
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Township 22 Nor~h, Range 4 Bas~, M.D.B.&M.,and running
thence South 89°37' West along the~5outherly Iine of said •~
Section 18 a distance of 1208.20 fee~; .
. THENCE North a distance of 692.80 feet; . ~ ~
,:~, THENCE East~a distance pf 215.3.5 feet to the True Point of .
Beginning of the right-af-way herein described; ~ ~
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THENCE North along the grantor's Westerly line a '' .
distance of I14.32 fee~ more or less ~o the grantor's ~
Northerly 1ine; .
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THENC~~East along said Northerly I.ine a.distance of 7.5.00 r~
. feet; . ~ . ~ ~
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THENCE South and parallel to said Westerly line a distance •
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of 114.32 feet ~nore or less to the grantor's Sou~herly iine;
TIiENC~ Wes~ along said 5outherly Iine a distance of IS.OQ ~
.feet more or less to ~he True~Point of Beginninq azid con- '~ -` ~
taining 0.039 acres mare or less. ' t
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