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HEARING - Department of Transportation recommending the Board conduct a Hearing to adopt and authorize the Chair to sign Resolution of Necessity 051-2019 related to the Country Club Drive Alignment - Bass Lake Road to Tierra de Dios Drive Project CIP 71360 / 36105010 Project (Project) authorizing the commencement of eminent domain proceedings to acquire interests in portions of the real property identified as Assessor’s Parcel Numbers 119-080-12 and -23 owned by M.H. Mohanna, a married man as his sole and separate property, 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 of the Board is required to adopt the Resolution of Necessity. This Resolution of Necessity and the following eminent domain action is required because negotiations with the property owner are at an impasse. Also, the compensation to be paid for the property is not the subject of this hearing. (Est. Time: 1 Hr.)
FUNDING: This Project is funded by Developer Advanced TIM fees with future reimbursement/credit to Developer.
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DISCUSSION / BACKGROUND
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 Resolution of Necessity....
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