HomeMy WebLinkAbout81-064RESOLUT~ON No. 81-64
BOARD 0~ SUPERVISORS
COUNTY OF BUTTE, STATE OF CAL~FORNZA
RESOLUTrON AUTHORZZI.NG ACQUZSITION OF REAL PRDPERTY BY
EMTNENT DOMAZN NECESSARY FOR THE CONSTRLTCTION OF A COLTNTY
H~GHGdAY KNOWN AS SKYWAY IN TH~ COUNTY OF BUTTE,
STAT~ OF CALIFORN~A
B~ TT RESOLVED by th~ SOARD OF SUPERV~SORS of ~he Co-unty of
Butte, State o~ Calafornia, that sa.i.d Soard ~inds and determiz~es and
hereby decla~es, as follows, to wit:
l. Tha~ pursuan~ to the no~ice ot intent to adopt a zesolution
of necessity to acc~ua.xe cer~ain r~al.proper~ty or interest.in rea~
property by ~minent domain (Code of Civi~ Proced~.re, Section I245.235)
duly mai~ed on o~ abou~ Feb~~.ary 25, 1981 a Public H~.aring was
schedu~.ed ax~.d held zn ~he Butte County Boazd o~ Supervisors room on
Ma~c1z 24, ~981 at 1I:00 a.m., 25 County Cente~ Drive, Orovi~.le, Ca~ifornia.
2. Tha~ persons interes~ed or having an in~eres-~ in ~he p~operty
so~.ght to be acquz.xed appeared by Ward Cameran.
3. Tha~ a~ternative x~outes were discvssed and presented to
the Board of Supervisors and. the consequences of the altern.ative zoute
. considered.
4. Tha~ :said proposed public iinpravement a.s p~.anz~.ed and 1.acated
in a manner whzch wz1~. be mast compatible w~.th the greatest public good
and ~he least pra~vate injux~y, and as p~an.ned ~a~.~l enabl.e sazd project
~o be co~ng~eted at ~he l.east expendi~ure of public f~nds as we1Z as the
g~eatest cansidera~ion af public sa~e-~y.
5. That the County Caunse2 of the County o~' Butte is hereby
au~horized and empowered as fo~lows:
- . . ~ _T _ _
(a) To acquire, in the name of th~ Coun~y of Bu~~e, a
~ee simple estate or such necessa~y in~e~ests in and to the hereinafter-
de5cribed real proper~y, or ~nterest in real property, and a2~ ~~prove-
men~s ~hereon by conderr~r.ation ~n accordance with the provisions o~ the
S~ree~s and Highiaays Code, Cade of Civi1 Procedu~e and ~he Gonstitutio~
of ~he S~a~e of California,, relating ~o eminen~ domain, ta au~ho~ize
the Audi~ar ~a pay ~rom County ~unds the casts and considera~xon for
said acqu~s~tzon, and ~he Aud~tor zs authar~zed to make such paymerit on
au~horizat~on.
(b) To pxepare and prosecute for the County of Butt~ such
proceedzngs in the proper cour~ having jurisd~ction thereof, and make
such deposits from County funds €or fees and cos~s as are necessary tor
such acquisition.
{c) To make appl~cation to sa~d cour~ for an ordex fixing
the amaunt af secu~~~y in th~ way af monies deposi~ed as said co~rt
may direct, and for an order per~itt~ng the County of But~e ~o ~ake
iinmedia~e pass~ssion and use of said real praperty, or interests, or
imp~ovem~nts in said real pxope~ty, as a right of way fo~ a public
highway for public use.
{d) To make deposit of such security out of proper funds
under the can~rol af th~ County Q~ Butte, ~~ such amounts as fixed
and de~ermined and in such manner as said court in which condemnation
proceed~ngs are pending may direc~, and the Auditor is authorized to
make said deposit imrnediately upon the court's making such order.
6. The~.real pro~erty, or interes~ in real praperty, and/or
improvemen~s ~he~eon, which ~he County af Butte is, by th~s R~sa.~ution,
authorized ~o acquire ~or said public improvements in fee simp~e, is
situate ~n the County o£ Butte, S~ate of Calitornia, more partic~larly
described in Exhibit "A" attached hereto and made a part hereof by
reterence.
PASSED AND ADDPTED by ~he Board a~ Superv~sors o~ the Co~nty
of Butte, State a~ Ca~ifoznia at a regular ~eet~ng thexeof on ~~I~e
24~th day of March , 1951, by~ `~h~ follow~x~g;,vote:
AYES: Supervisors Do1an, Lemke, Wheeler and Chairman Moseley
NOES : None
ABSEN'~ • Supez-visor Saracena.
NQT VOTING: None
~f
~
Cha~rman, Board o upervxs
County af Bu~te, Sta~te af Californ~.a
ATTEST:
Clark A. Nelsan, County C~exk
and ex-officia Clerk of the
Board of~ S~.perv~sors
By
C ~ k or Depu~y