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Counfy,of,gu§~re. RESOZT7TION N0. 76-25 ~~~ ~~ ~ ~~ ~~ ~~i~
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7~t:ouni},C.,eoier:Driy;ez BOARD OF SUPERVISORS L.LiJIS- I L~~P~~3c.t~ ~~~'~q~
(y~COVi1te~,Ca 95.9,6.5.:; C~1~~<TY fiz.G(7~~~~ __r,,.
COiTNTY OE' BUTTE~ STATE OF CALI~'ORNL4 ~y'p~S~O ~~~
RESOZUTTON AUTHORIZING A~QUISTION 0~` AN EASIlVfEN'T BY ~SVfINENT
DOMAIN 1~T~CESSARY FOR THE CONSTk2iTCTION OF A STORM DRAIN ~OCATED
NORTFIWES`~ OF THE CITY 0~' CHICO TN T~E COUNTY OF BUTTE~ STATE
OF CAT~TFORNIA
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~ PE IT R~SO~VED by the BOARD 0~' SUPERUISORS of the County of Butte,
5 State of California, that said Board finds and determines and hereby declares,
6 as follows, to wit:
7 l. That public interest and necessity requixe the acquisition by the
~ County of Bu.tte, of said easement fbr the construction of said storm drain
9 in the Covnty of Butte~ State of California.
~~ 2. That public interest an.d rxecessity req,uire the acquistion of said
~'~' . s~orm drain easement, hereinafter described, and a.t is hereby found and
ZZ determined that the construc~ion of the storm drain is a public use, author-
13 ized by ].aw, and that public interes~ and necessi.ty require the construction
14 of said improvements and the acquisition o~' said easement hereinafter described.
1~ 3. Said proposed public improvement is planned and located in a man.r~er
16 ~~ich will be most compatible with the greatest public good and the least pri-
17 vate injury.
18 4. That the County Counsel o~ the County of Butte is hereby authorized
lg amd empowered as ~ollows:
20 (a) To acquire, in the name of the County of But-~e, a storm drain
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21 easement by condemnation in accordan.ce with the provisions o~ the Streets :
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22 and Highways Code, Code of Civil Procedure and the Constitutzon of the State
2~ of California, relating to eminent domain, to authorize the Auditor ~o pay
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~'rom Co~.u~.ty £unds the costs and consideration ~or said acquisition, and the 0
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2g Auditor is authorized to make such ~ayment on. authorization. ~
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(b) To ;~prepare and prosecute for the Covnty of Butte such proce~dings
in the proper court having jurisdic~ion tnereof~ and make such deposits ~rom
County funds for fees and costs as are necessary for such acquisatzon.
(c} To make application to said couxt for an. order fixing the amount
oP security in the way of maneys deposited as said court may da.rect, and foz~
an order permitting ~he County o~ Butte to take immediate possession and use
o~ said easement ~or a storm dxain for public use.
{d~ To make deposit of auch security out of proper funds under ~he con-
txol 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 immediatiely upon
the court making said order.
5. The easemen~ whieh the County of Butte is, by tliis Resolution, auth-
orized to acquire for said storm drain, is situate in the County of Butte,
State of California, more particularly described in E~.ibit "A'r, attached
hereto and made a gart hereo~ by re~'ere~.ce.
PASSED AND ADOPTF.,II by the ~oard of Supervisors of the Count of Butte~
State o~ CaliYoxnia at a regular meeting hereof on the ~~ day of
February , 1976, by the following vote:
AYES: Ladd, Madigan, McKiflop, Richter and Chairman Cameron
NOES:
none
ABSENT`r none
NOT VOTTNG: none
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Chairman, Board o~ Supervisoxs
County of Butte, State o~ California
ATTEST: Clark A. Nelson, Covnty
Clerk and ex-o~'fico Clerk
of the Board o~ Supervisors
BY: _ _l• /`~.C:C~....L . 4 .~%G~-.
c er ox eputy'"~""
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EXHIBIT ~r~rt
Zassen Avenue Assessment Distr~ct
Parcel 3
A.P. 44-053-39
J. G. WII,ZIAMSON PR6P~RTIES, INC., a~co~poration
A perpetual easemen~ with right of ingxess and egress, for the purpose of laying,
installing, maa.ntaining, repairing~ protecting, and replacing underground surface
storm d~ains, together wzth appurtenances thereof, across and in lands particulariy
descxibed as follows:
A poxtion of I,ot 12~ according to that certain map entitled '~Esmeralda Tract"',
wha.ch map was filed for record on March 5, 1888, in Book 1 0~ Maps at page 33 in
the Of£ice of the Recorder of the County of Butte, and described as fo1].ows:
A 6(six} foot wide easemen.t lying north.westerly o3 and adjacent to the following
dESCribed line:
Beginning at the moat southerly corner of said Zot 12;
Thence northeasterly, along the southeasterly ].in.e of said Zot 12~ a distance of
233.97 Yeet, more or less, ~o the westerly ].ine o~ tk.te State Hi:ghway 99 Freeway
and the texruinus of this easement.
Parcel 2
A.P. 44-053-02
RAZ'MOND W. CFiAMBEBS ANJ~ URSUL CFiA1VIBERB
A perpetual easement wi.th right of ingress and egress, for the purpose of laying~
installing, maintaini.ng~ repaixing~ protecting and replacing undergrour~d surface
storm drains, together wa.th appurtenances thereof~ across and in lands particu].arly
described as follows:
A por~tion of Zot 8, according to tlzat cextain mag entitled `~Esmera].da Tractt°S which
map was ~iled for record on March 5, 1888, in Book 1 of Maps at page 33 i.n the office
of the recorder o~ the Coun.ty of Butte, and described as fol7.ows:
A 6(six~ foot wide easemen~ lyirzg northwesterly o£.and adjacent to the following
described ~ine:
Beginning at the most southerly co~nex of said Zot 8;
THENCE northeasterly~ along the southeas~erly line of said Zot 8, 660 feet more or
less, to the most.:easterly corner of sa9.d Lot S and the ~ermin~zs of this easemen~.
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