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File #: 18-0605    Version: 1
Type: Agenda Item Status: Approved
File created: 4/9/2018 In control: Board of Supervisors
On agenda: 4/24/2018 Final action: 4/24/2018
Title: HEARING - Community Development Services, Department of Transportation, recommending the Board conduct a Hearing to consider adoption of Resolution of Necessity 068-2018 related to the Silver Springs Parkway to Bass Lake Road (south segment) Project CIP 76108 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel described in the attached Plat and Legal Description which has no Assessor Parcel Number, owned by: the Retirement Activities Group, 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,...
Attachments: 1. A - Approved CRS - RAG, 2. B - Resolution of Necessity - RAG, 3. C - Plat and Legal - RAG, 4. D - Resolution Presentation, 5. E - Vicinity Map, 6. Executed Resolution 068-2018
Title
HEARING - Community Development Services, Department of Transportation, recommending the Board conduct a Hearing to consider adoption of Resolution of Necessity 068-2018 related to the Silver Springs Parkway to Bass Lake Road (south segment) Project CIP 76108 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel described in the attached Plat and Legal Description which has no Assessor Parcel Number, owned by: the Retirement Activities Group, 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 on this parcel because the owners were unable to be located. (Est. Time: 15 Min.)

FUNDING: This Project is funded by Developer Advanced TIM fees, County (west slope) TIM fees, Developer Funds and Road Funds/Discretionary 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 Silver Springs Parkway to Bass Lake Road (south segment) Proj...

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