COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

August 5, 2002

BOARD MEETING DATE:

August 20, 2002

TO:

Honorable Board of Supervisors

FROM:

Paul T. Scannell, Assistant County Manager

SUBJECT:

Amendment to a Resolution of Necessity for Property Located in the City of Belmont for the Highway 101 Ralston Avenue to Marsh Road Widening Project (4/5ths vote required).

Recommendation
Adopt a Resolution amending a previously adopted Resolution of Necessity to incorporate a more detailed legal description of the property.

Background
Under the terms of a Professional Services Agreement with the San Mateo County Transportation Authority ("SMCTA"), this Board agreed to consider, as needed, resolutions of necessity for property to be acquired for SMCTA projects.


On May 21, 2002, this Board adopted eleven Resolutions of Necessity in conjunction with the Highway 101 Ralston Avenue to Marsh Road Widening Project ("Project") of the SMCTA. Pursuant to the Project plan, various collateral physical improvements will be constructed in addition to the widening of the Highway 101 roadway. Those improvements include a retaining wall, a sound wall, rebuilt drainage culverts, and changes to the frontage road.SMCTA has reached agreement with the property owners of ten of the properties affected by the various Resolutions of Necessity. It now appears unlikely that a timely agreement can be reached with the eleventh owner. It is probable that an action in eminent domain will be filed in order to assure that the Project can proceed on schedule. Prior to filing such an action, the SMCTA has requested amendment of the affected Resolution (No. 65275) to more precisely identify the Subject Property.

Discussion
By adopting the amendment to the Resolution of Necessity, the Board of Supervisors authorizes inclusion of a detailed metes and bounds description identifying the temporary construction easement. The detailed description of the Subject Property is that which was included in the original offer to acquire the temporary construction easement. This action is

proposed at the request of the SMCTA for the sake of clarity in implementing the intent of the Resolution of Necessity.

Vision Alignment
The recommendation is consistent with the Shared Commitment "Ensure Health and Safety for All" in that the acquisition of the easement will provide for the construction of sound walls to reduce roadway noise for the people living near the highway. It also comports with the Shared Commitment "Responsive, Effective and Collaborative Government" in that we are working cooperatively with the Transportation Authority to implement the Project.

Fiscal Impact
The Project is being funded by the SMCTA. No County funds are included in the Project budget. A Professional Services Agreement between the County and SMCTA provides that SMCTA staff will conduct all real estate related activities for the Project and SMCTA legal staff will file all eminent domain and related actions. Under the terms of the PSA the County will be reimbursed for staff time in connection with this matter.