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File #: 18-1244    Version: 1
Type: Agenda Item Status: Approved
File created: 8/6/2018 In control: Board of Supervisors
On agenda: 9/11/2018 Final action: 9/11/2018
Title: HEARING - Community Development Services, Department of Transportation, recommending the Board conduct a Hearing to consider adoption of Resolution of Necessity 188-2018 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 portions of Assessor Parcel Number 115-030-04, owned by: John Nojan Khoshcar, 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 ...
Attachments: 1. A - Resolution Routing Sheet, 2. B - First Written Offer, 3. C - RON + Plats and Legals, 4. D - Notice of Intent Letter, 5. E - Resolution Presentation, 6. F - Vicinity Map, 7. G - Request to Appear, 8. Executed Resolution 188-2018
Related files: 17-1342, 10-0100, 08-1118
Title
HEARING - Community Development Services, Department of Transportation, recommending the Board conduct a Hearing to consider adoption of Resolution of Necessity 188-2018 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 portions of Assessor Parcel Number 115-030-04, owned by: John Nojan Khoshcar, 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 owners are at an impasse. (Est. Time: 20 Min.)

FUNDING: This Project is funded by Developer Advanced TIM fees, TIM Zones 1-7 fees, Developer Funds, SCIP Funds and Road Funds/Discretionary Funds.
Body
DEPARTMENT RECOMMENDATION
It is recommended that the Board open the hearing and take testimony on the aforementioned matters in consideration of adoption of the attached Resolution of Necessity. The Board 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. A 4/5 vote of the Board is required to adopt the Resolution of Necessity.

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