File #: 15-0848    Version: 1
Type: Agenda Item Status: Approved
File created: 6/25/2015 In control: Board of Supervisors
On agenda: 8/11/2015 Final action: 8/11/2015
Title: HEARING - Community Development Agency, Transportation Division, recommending the Board adopt and authorize the Chair to sign Resolution of Necessity 135-2015 related to the Alder Drive at EID Canal Bridge Replacement Project CIP No. 77123 authorizing the commencement of eminent domain proceedings to acquire Assessor Parcel Number 076-133-17, owned by: Earlene B. Ricketts and E. Litton Bivons, and finding that: 1) The Public interest and necessity require the proposed Project; 2) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) The Property sought to be acquired is necessary for the Project; 4) The Offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) could not be located with reasonable diligence; and 5) Authorizing outside Counsel; Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to ...
Attachments: 1. A - Approved CRS 8-11-15, 2. B - Resolution of Necessity 8-11-15, 3. C - Plat and Legal Description 8-11-15, 4. D - Resolution Presentation 8-11-15, 5. E - Vicinity Map 8-11-15, 6. Executed Resolution 135-2015 (BOS 8-11-15)
Related files: 18-0902
Title
HEARING - Community Development Agency, Transportation Division, recommending the Board adopt and authorize the Chair to sign Resolution of Necessity 135-2015 related to the Alder Drive at EID Canal Bridge Replacement Project CIP No. 77123 authorizing the commencement of eminent domain proceedings to acquire Assessor Parcel Number 076-133-17, owned by: Earlene B. Ricketts and E. Litton Bivons, and finding that:
1) The Public interest and necessity require the proposed Project;
2) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
3) The Property sought to be acquired is necessary for the Project;
4) The Offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) could not be located with reasonable diligence; and
5) Authorizing outside Counsel; Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property.
Note: A 4/5 vote is required for a Resolution of Necessity. This Resolution of Necessity and the following eminent domain action is required on this parcel because the owners of record are not able to be located (see below). (Est. Time: 15 Min.)

Funding: Federal Highway Administration Highway Bridge Program (100%). Federal Funds)
Body
department recommendation
The Board should open the hearing and take testimony on the aforementioned matters in consideration of adoption of the attached Resolution of Necessity. It should consider all testimony, information, and discussion, exercise its discretion and independent judgment, and if appropriate make the above findings, and adopt the attached resolution of necessity.

Discussion/background
The Alder Drive at EID Canal Bridge Replacement Project #77123 (Project) is located north of U.S. Highway 50 on Alder Drive approximately 2.5 miles southwest of the community of Pollock Pines, in unincorpora...

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