File #: 22-1256    Version: 1
Type: Agenda Item Status: Approved
File created: 7/6/2022 In control: Board of Supervisors
On agenda: 8/30/2022 Final action: 8/30/2022
Title: HEARING - Department of Transportation, recommending the Board consider the following: 1) Conduct a Hearing to consider the adoption of Resolution of Necessity 131-2022 related to the Newtown Road Bridge at South Fork Weber Creek Replacement Project, CIP 77122/36105030, which if adopted will authorize the commencement of eminent domain proceedings to acquire certain property interests from the parcels identified as Assessor Parcel Numbers 077-431-062, owned by Wanda Nagel, Trustee of the Wanda Nagel 1991 Revocable Trust under instrument dated January 14, 1999; 2) Make findings pursuant to California Code of Civil Procedure Section 1245.230 that: a) The public interest and necessity require the proposed Project; b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in the Resolution of Necessity is necessary for the proposed Project; and d) The offer required by Section 726...
Attachments: 1. A - Resolution Route Sheet, 2. B - Resolution of Necessity, 3. B - Revised - Resolution of Necessity BOS Rcvd 8-26-2022, 4. C - Grants Deeds, Slope & Drainage, Utility Easements, 5. D - NOI Letters and Postponement NOI Letter, 6. D Revised - NOI Letters and Postponement NOI Letter, 7. E - Presentation, 8. F - Vicinity Map, 9. G - NOI Letters and Postponement Letters, 10. H - L NAGEL-ELDORADO - Letter to El Dorado County re Objection to 7-19-22 RON (signed), 11. I - L WOPUM-ELDORADO - Letter to El Dorado County re Objection to 7-19-22 RON Hearing (signed), 12. J - 22-07-26 email DOT-Wopumnes, 13. K - 22-06-15 email DOT-Wopumnes, 14. L - 2003 Casino Statement From Board of Supervisors, 15. Public Comment Rcvd 8-31-22 BOS 8-30-22, 16. Public Comment Rcvd 8-30-2022 BOS 8-30-2022.pdf, 17. Public Comment BOS Rcvd. 8-30-2022, 18. Public Comment BOS Rcvd. 8-26-2022, 19. Executed Resolution 131-2022
Related files: 22-0037, 21-0878, 20-1016, 20-0224, 19-0635, 19-0192, 18-1830, 18-1182, 09-0454, 10-1072, 12-1440, 11-1213
Title
HEARING - Department of Transportation, recommending the Board consider the following:
1) Conduct a Hearing to consider the adoption of Resolution of Necessity 131-2022 related to the Newtown Road Bridge at South Fork Weber Creek Replacement Project, CIP 77122/36105030, which if adopted will authorize the commencement of eminent domain proceedings to acquire certain property interests from the parcels identified as Assessor Parcel Numbers 077-431-062, owned by Wanda Nagel, Trustee of the Wanda Nagel 1991 Revocable Trust under instrument dated January 14, 1999;
2) Make findings pursuant to California Code of Civil Procedure Section 1245.230 that:
a) The public interest and necessity require the proposed Project;
b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
c) The property described in the Resolution of Necessity is necessary for the proposed Project; and
d) 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;
3) Adopt the Resolution of Necessity (4/5 vote required); and
4) Authorize outside Counsel, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property.

FUNDING: Highway Bridge Program (78%), Regional Surface Transportation Program Exchange (3%), Shingle Springs Band of Miwok Indians Tribe funds (Tribe) (9%), to be determined anticipated Highway Bridge program funds (9%) and to be determined anticipated local funds (1%).
Body
DISCUSSION/BACKGROUND
The Newtown Road Bridge at South Fork Weber Creek Replacement Project (Project) was adopted into the Capital Improvement Program (CIP) on May 5, 2009. This Project will replace an obsolete single-lane bridge/culvert hybrid structure with a new bridge and improve roadway geometrics through the Project site. Construction of the Project is antici...

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