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File #: 19-1194    Version: 1 Name: Resolution of Necessity for Travers Creek Lincoln
Type: Agenda Item Status: Approved
File created: 8/30/2019 In control: Public Works & Planning
On agenda: 11/5/2019 Final action:
Enactment date: Enactment #: Resolution No. 19-415
Title: Conduct a public hearing to consider adopting a Resolution of Necessity, per California Code of Civil Procedure, Section 1245.230, authorizing eminent domain proceedings and the deposit of funds ($7,500) with the State of California - Condemnation Deposit Fund, to facilitate the Travers Creek Bridge Replacement on Lincoln Avenue, Federal Project No. BRLO-5942(226) (4/5 vote).
Attachments: 1. Agenda Item, 2. Exhibit A, 3. Exhibit B, 4. Location Map, 5. Resolution No. 19-415, 6. Affidavit of Mailing
DATE: November 5, 2019

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Public Hearing to consider adopting a Resolution of Necessity to facilitate the Travers Creek Bridge Replacement Project on Lincoln Avenue

RECOMMENDED ACTION(S):
TITLE
Conduct a public hearing to consider adopting a Resolution of Necessity, per California Code of Civil Procedure, Section 1245.230, authorizing eminent domain proceedings and the deposit of funds ($7,500) with the State of California - Condemnation Deposit Fund, to facilitate the Travers Creek Bridge Replacement on Lincoln Avenue, Federal Project No. BRLO-5942(226) (4/5 vote).
REPORT
This public hearing will allow your Board to consider whether the findings can be made for the adoption of the proposed resolution. If the findings are made, the proposed resolution will authorize and direct County Counsel to institute eminent domain proceedings, pursuant to Government Code, Section 25350.5, Streets and Highways Code, Section 943, and California Code of Civil Procedure, Section 1230.010, et seq., to acquire necessary real property interests to facilitate the Travers Creek Bridge Replacement Project on Lincoln Avenue (Project). The proposed resolution would also authorize and direct the Auditor-Controller/Treasurer-Tax Collector to deposit funds ($7,500) with the State of California - Condemnation Deposit Fund, however, the hearing is not for consideration of matters involving compensation. This item pertains to a location in District 4.

ALTERNATIVE ACTION(S):

Your Board may reject the adoption of the Resolution. Rejecting the adoption of the Resolution will prevent the County from obtaining possession of the necessary road easement to proceed with the Project. If possession of the necessary road easement is not obtained, the Project will be cancelled and will result in the de-obligation of the allocated Federal funding. Any funds received by the County fo...

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