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HomeMy WebLinkAbout94-024RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, pursuant to Sec. 1245.230 of the Code of Civil Procedure, that said Board finds and determines and hereby declares, as follows, to wit: 1. That the public interest and necessity require the acquisition, construction and completion by the County of Butte, of a public improvement, namely a cemetery known as Durham Cemetery, located in Durham, in the County of Butte, State of California. 2. That the public interest and necessity require the acquisition for said improvement of the real property, or interest in the real property hereinafter described, together with all improvements situate thereon. 3. That the acquisition of the property in question for such purposes is authorized by Code of Civil Procedure Section 1240.610. 4. That it is hereby found and determined that the maintenance and preservation of a cemetery is a public use, authorized by law, and that the public interest and necessity require the acquisition of said real property hereinafter described, and all improvements situate thereon. 5. That it is further found and determined that said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 6. That it is further found and determined that the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record of the property in question. 7. That the County Counsel of the County of Butte is hereby authorized and empowered as follows: 1 (a) To acquire, in the name of the County of Butte, a fee simple estate or such necessary interests in and to the hereinafter-described real property, or interest in real property, and all improvements thereon by condemnation in accordance with the provisions of the Code of Civil Procedure, the Constitution of the State of California and such other applicable law andjor rules relating to eminent domain and 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 the County of Butte such proceedings in the proper court having jurisdiction thereof, and make such deposits from County funds for fees and costs as are necessary for such acquisition. (c~ To make application to said court for an order fixing the amount of security in the way of moneys deposited as said court may direct, and for an order permitting the County of Butte to take immediate possession and use of said real property, or interests, or improvements in said real property, (d) To make deposit of such security out of proper funds under the control 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 immediately upon the court making said order. 8. The real property, or interest in real property, and/or improvements thereon, which the County of Butte is, by this Resolution, authorized to acquire for said public improvements in fee simple, is situate in the County of Butte, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereto by reference. 2 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California at a regular meeting hereof on the 22nd day of February 1994, by the following vote: AYES: Sl.~pervisors Meyer, Dolan., T{oux, `T'homas and Chair McLaughlin NOES : None ABSENT: None NOT VOTING : None Chair, Board of ~ pervisors County of Butte, State of California ATTEST: Jahn S. Blacklock Chief Administrative Officer and Clerk of the Board of Supervisors 1 y By ,r .Clerk/Deputy 3 ExxrszT ~ LEGAL DESCRIPTION OF DURHAM CEMETERY A portion of Section 17, Township 21 North, Range 1 East, M.D.B. & M., more particularly described as follows: Beginning at the Southeast corner of the Old Durham Cemetery site, which lies North of and adjoins the public highway in the above mentioned quarter section, at the point where said cemetery line intersects said public highway; running thence North along the East line of said cemetery, as now fenced, 417 feet; thence at a right angle Westerly, 417 feet; thence at a right angle Southerly 417 feet, more or less, to the line of said public highway; and thence along said last mentioned line, Easterly to the paint of beginning. EXCEPTING THEREFROM the Westerly 150 feet. (eminent.res) 4