File #: 07-1174    Version: 1
Type: Agenda Item Status: Adopted
File created: 6/25/2007 In control: Board of Supervisors
On agenda: 7/17/2007 Final action: 7/17/2007
Title: Hearing to consider adoption of Resolution of Necessity 200-2007 authorizing the commencement of eminent domain proceedings to acquire property for the U.S. Highway 50/Missouri Flat Road Interchange Project 71317, Phase 1A for land rights for a portion of APN 327-130-35 from Real Estate Holdings II, LLC, A Delaware Limited Liability Company and their tenant, Jack in the Box LLC, finding that: (1) Public interest and necessity require the Project; (2) Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) Property sought to be acquired is necessary for the Project; and (4) Offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record and authorize County Counsel, together with outside counsel, Erickson, Beasley & Hewitt LLP, to proceed with the necessary steps to acquire the required property. FUNDING: The Phase 1A project is funded with 2004 General Plan Traffic Impa...
Attachments: 1. ResolutionofNecessityREHIIfinal, 2. Exhibit A, 3. Exhibit B, 4. Vicinity Map JIB
Title
Hearing to consider adoption of Resolution of Necessity 200-2007 authorizing the commencement of eminent domain proceedings to acquire property for the U.S. Highway 50/Missouri Flat Road Interchange Project 71317, Phase 1A for land rights for a portion of APN 327-130-35 from Real Estate Holdings II, LLC, A Delaware Limited Liability Company and their tenant, Jack in the Box LLC, finding that:

(1) Public interest and necessity require the Project;
(2) Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
(3) Property sought to be acquired is necessary for the Project; and
(4) Offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record and authorize County Counsel, together with outside counsel, Erickson, Beasley & Hewitt LLP, to proceed with the necessary steps to acquire the required property.

FUNDING: The Phase 1A project is funded with 2004 General Plan Traffic Impact Mitigation Fee Program (TIM) funds and sufficient funds are in the project budget for the subject acquisition.

Body
BUDGET SUMMARY:
Total Estimated Cost $0

Funding
Budgeted $
New Funding $
Savings $
Other $
Total Funding Available $
Change To Net County Cost $0

Fiscal Impact/Change to Net County Cost:
There is no County Cost.

Background:
The U.S. Highway 50/Missouri Flat Road Interchange Project #71317 ("Project") is necessary to: 1) increase the U.S. Highway 50/Missouri Flat Road interchange capacity to solve existing operational deficiencies and to accomodate traffic associated with planned growth in the County; 2) address existing safety problems associated with the interchange; and 3) meet Caltrans' planning and design requirements for those portions of the project within State right of way.

The project will involve reconstruction of the Missouri Flat Road interchange on U.S. Highway 50, re...

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