RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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Resolution Determining That The Public Interest And Necessity Require The Acquisition Of Certain Land And Directing The Filing Of Eminent Domain Proceedings

(Edward W. Beck; APN 040-344-150)
Four-Fifths Vote Required

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

 

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

 

WHEREAS, on May 7, 2002, by adoption of Resolution 65226, the Board of Supervisors authorized a resolution pursuant to Streets and Highways Code section 760 authorizing County to condemn real property or interests therein, as required, for California State highway purposes in support of the Highway 101 Ralston Avenue to Marsh Road Auxiliary Lane Project ("Project"); and

 

WHEREAS, the State of California Department of Transportation ("Caltrans") prepared and circulated a Negative Declaration and Finding of No Significant Impact with regard to the Project; and

 

WHEREAS, Caltrans certified that the Negative Declaration and Finding of No Significant Impact were completed in compliance with the California Environmental Quality Act, the National Environmental Policy Act and related implementing regulations; and

 

WHEREAS, on behalf of the Project, County seeks to acquire for public use, by exercise of its power of eminent domain, property interests, to wit, a Sewer Easement and Temporary Construction Easement over certain real property reportedly owned in fee by Edward Will Beck, a married man as his separate property, as its interests appear of record, which real property, or interests in property, has a common street address of 1001 Kedith Avenue, Belmont County of San Mateo, State of California, with Assessor's Parcel Number 040-344-150 (State Parcel No. 58062) as more particularly described and shown on Exhibit A attached hereto and incorporated herein by this reference ("Subject Property"); and

 

WHEREAS, the Board of Supervisors finds that the acquisition of Subject Property, or interests in Subject Property, for said public use is required by public interest and necessity, the Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury, and acquisition of the identified interest in real property is necessary for the Project; and

 

WHEREAS, Code of Civil Procedure sections 1240.010, et seq. authorizes County to acquire property located in San Mateo County, by eminent domain; and

 

WHEREAS, this Board of Supervisors constitutes the governing body of County; and

 

WHEREAS, SMCTA has tendered a formal offer to the owner of record to purchase Subject Property, or interests in Subject Property as required by California Government Code section 7267.2; and

 

WHEREAS, County calendared this Resolution of Necessity on the Agenda and invited public comment prior to the meeting during which this Resolution was considered for adoption.

 

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the San Mateo County Board of Supervisors finds and determines that:

1. The public interest and necessity require that the proposed Project be undertaken;

2. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury;

3. Acquisition by the County of Subject Property is necessary for the proposed Project; and

An offer has been made to the owners in accordance with Section 7267.2 of the Government Code.

 

BE IT FURTHER RESOLVED that the President of this Board is hereby authorized and directed to execute such notices, documents and filings as may be required in connection with the implementation of the intent of this Resolution of Necessity, and the Clerk of this Board shall attest to the President's signature thereto.

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