Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Authorizing the Board of Supervisors, Pursuant to Streets and Highways Code Section 760, To Acquire Property on Behalf of the San Mateo County Transit Authority for State Highway Purposes. (Highway 101 Marsh Road to Ralston Avenue Widening Project) Four-Fifths Vote Required

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California,

WHEREAS, on April 2, 2002, pursuant to Resolution 65156 the County agreed to consider resolutions of necessity for projects conducted by the San Mateo County Transportation Authority; and

WHEREAS, Streets and Highways Code section 760 provides that if the board of supervisors of any county determines, by a four-fifths vote of its membership, that the acquisition of property authorized under that statute will promote the interest of the County, and the acquisition is recommended in writing by Caltrans, the board may acquire property for state highway purposes and take title either in its own name or in the name of the state; and

WHEREAS, Caltrans has recommended in writing that the County acquire real property or interests needed for the State Highway 101 Marsh Road to Ralston Avenue Widening Project and has asked that the County adopt this resolution; and

WHEREAS, Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943, the San Mateo County Transportation Authority (SMCTA) and the State of California Department of Transportation (Caltrans) intend to construct a road project in the County of San Mateo, specifically, the Marsh Road to Ralston Avenue Highway 101 Widening Project and this project, which is sponsored by SMCTA, will add auxiliary lanes on each side of Route 101 from the Marsh Road interchange to the Ralston Avenue interchange to enhance safety, provide operational improvements, and alleviate congestion; and

WHEREAS, This Board recognizes that the acquisition of property or interests therein for State highway purposes will promote the interests of the County and is a necessity;

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the County shall proceed to acquire any real property or interest therein needed for state highway purposes as described in the State Highway 101 Marsh Road to Ralston Avenue Widening Project as presented to the County by the San Mateo County Transportation Authority. Any rights or title to real property so acquired shall be in the name of the State. In the event that eminent domain proceedings are required, the County will adopt a separate resolution which satisfies the requirements of Article 2 (commencing with section 1245.210) of Chapter 4, Title 7, Part 3 of the Code of Civil Procedure. The Clerk of this Board shall attest the President's signature thereto.

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