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RESOLi3~I0N ND , 7.~ 52
BOARD OF SUPERVISORS
COUNTY OF BUTTEi, STATE OF CP..~LIFORNIA
RESOTjUTION AUxHORZZTNG,ACQiiISITZON OF RF42~ PRO~~RTY BY
EMINENT D0~1,IN NECESSk1RY FOR THE CONST1tUCTION OF SKYWAY
IN THE COUNTY OF HU~~E ST~TE OF Ck1LIFORN~
BE IT 1t~SOT~VED by the B0~#RD OF SUPERVrSORS of the County of Butte~
State af California, that said Board finds and determines and hereby declares, I
as follows, to wa.t; '
1. ~hat public interest an.d necessity require the acquisiYion, con-
structa.on and compLetion by the County o~ Butte, of a public improvement,
namely a Coun~y Highway known as Skyway, a.n tE~e County of BuCCe, State of
California. ,
Z. That public interest and necessity require the acquisiCion £or said
improvement of the real property, or a.nterest in the real property herein-
after described~ together with all imQrovements situate ~hereon, and it is
hereby found and determined that the construction of a County Highway is a
public ase, authorized by law, and that public interes~ and necessity require
~he construction of said improvements and t!e acquisition of said real pro°
perty hereinafter described and all improvemenes situate thereon.
3. Said proposed public improvement is planned and located in a mannex
which wi11 be most campatible with the greaCest public good and the least
private injary.
4. That the Coun.ty Counsel of the County of Butte is hereby authorized
'and empowered as £o~.lows:
{a} To acquize, a~n the name of the CounCy of Butte, a fee simple estate
oz such necessary interesCs in and to the hereinaf~ez-described real property
or interest in real properCq, and a~l improvemen.ts thexeon by condemna~ion in
accoxdance witih Che provisions of the Streets arcd Highways Code, Code of
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Civil Procedure and the Constitution o£ the State of California, relating to
eminent domain~ to authorize the Auditor to pay from County funds the costs
and consideration for said acquisition~ and the Auditor is authorized to make
such payment on authorization.
(b} To prepare and prosecute for ~he County of Butte such pzoceedings
in the proper court having jurisdic~ion thereof, and make such depos~ts from
County funds for ~ees and cosCs as are necessary for such acquzsition.
(c) ~o make applicaCion to said court for an oxder fixing the amoun~
o~ secuxity in the way of mon~~s deposited as said court may direct~ and for
an order permitting t-he County of Bu~te to take immediate possession and use
of said real property, or interests, or improvements i.n said real proper~y
as a right of waq for a public highway for public use.
(d) To make deposit of such security out o~ prapex funds under the
conCrol of the County of Butte, in such amounts as fixed and &etermined and
in such ~nanner as said court in which condemnation proceedings are pending
may direcC, and the Auditor is authori~zed to znake saidc~posit immediately
upon the coart making said order. ~
Se The rea7. property, or interest a.n real property, and/or improve-
men~s Chereon~'which the Counfiy of Butte, is by this Resolution~ authorized
Co acquire for said public improvements in fee simple, is situate in the
Countq of Butte, State of Californi.a, zaore particularly described in ~xhibit
"A", attached hereto and made a paxt hexeof hy reference.
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PASSED AND ADOPTED by the Board of Supexvisors of the Coun~y o£ Butte~
State of California at a zegular meeCing thereof on the ~st day
af Apzil , 1975, by the £ollowing vote:
AYES: Supervisors Cameron, Ri.chter, Madigan~ McKillop and Chairman Ladd
'NOES; None
ABSENT: None
NOT VOTING: None
airman, Board of Superviso s
CounCy o~ Butte~ State of Califarnia
A,T~ES~; Clark A. Nelson, County
Clerk and exrof£ico CLexk
of ~he Board of Superv~.sors
By: C=~~ ~ - ~~ "
Clerk or Deputy
.
..: ~ : ~ . ; ::
,_ ~_~__ ~ _ _ . _ .
' ~ ~~=s~T ~~~~~
A portion of the southwest quarter of the southwest quarter o£ section 30, T23NJ
R4E~ ~I.D.M. and a portion of T~ot 9 as shown on that certain map enCitled "Townshi.p
23 NorCh, Range 4 East~ of the Mount Aiabl~ Meridian~ Cali~ornia--dependent resurvey
and survey of Lot 9, SecCion 30" filed in ~he office of the United States Department
of the Interior, Buxeau of Land Management~ Sacramento, Cali.£ornia, more particularly
described as fo].1ows:
Beginni.ng a~ the southwest corner of said Section 30, saa.d coraer also being the
southwest, corner of said Lot 9; thence NO°04'45"[d along the west line of said sec~ion
30 and Lot 9, 264.9~ £eet; thence 7.eaving said west 7.i.ne S26°29~53"E, 34.13 feet;
theace SLl°18'33"E, 75.66 £eet to a point which is 40.00 feet northeastex7.y, measured
at right angles from a point on the proposed Skyway centerline designated engineer`s
station 98+00.00 P40o'T.; thence 518°54'13"E, along a].ine para17.e1 with and distanC
40.00 £eet northeasterly of said Skyway centerlin.e, a distance of 7.66.96 feet to the
south line of said Section 30 and T,ot 9; thence 588°27`33"W along said south line~
83.82 feet to ~he POII3T OF BEGINN~,NG,
Con~ainzng an area oSc 0.252 acre, more or less.