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 FEE TITLE

TO CERTAIN REAL PROPERTY LOCATED IN LA HONDA

IN UNINCORPORATED SAN MATEO COUNTY

FOR THE PURPOSE OF MAKING SLOPE STABILITY IMPROVEMENTS FOR THE SCENIC DRIVE LANDSLIDE IN THE LA HONDA AREA AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO OBTAIN SAID PROPERTY

(C.O.P. NO. 2692)

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

WHEREAS, this Board of Supervisors is authorized to acquire real property for public use by eminent domain pursuant to Section 25350.5 of the Government Code and Section 1240.110 of the Code of Civil Procedure; and

WHEREAS, this Board of Supervisors has through at least seven prior resolutions addressed the situation arising out of the landslide in the La Honda Area, including resolutions authorizing the creation of a special assessment district and finding that emergency repair work is necessary to respond to the emergency; and

WHEREAS, the real property at issue consists of a parcel identified as Assessor’s Parcel Number 083-133-080, located on Scenic Drive in Half Moon Bay (the “Property”), more particularly described in Exhibit "A" attached to this resolution and incorporated by reference in full; and

WHEREAS, public interests and necessity require the acquisition and continual ownership in fee simple of the Property in order to complete the slope stabilization within the landslide, including for the reconstruction of lower Scenic Drive and the improvement of stability of the area supporting that roadway; and

WHEREAS, the Property is to be modified through grading and other construction techniques in a manner that will render the majority of it unusable and is also to be used for construction access to other sites associated with the project; and

WHEREAS, time is of the essence obtaining the Property in order to complete the project without additional complications; and

WHEREAS, the County has offered to purchase the Property from the property owner for fair market value as established by an independent appraisal and that offer has not been accepted by the owner; and

WHEREAS, the offer met the requirements of Section 7267.2 of the Government Code and Section 1263.025 of the Code of Civil Procedure, including by providing the owner of the Property with a Statement of Valuation, a pamphlet informing the owner of his rights under eminent domain law, and a statement of his right to obtain an independent appraisal for which the County would pay up to $5,000.00; and

WHEREAS, notice has been duly given to the owner of the Property pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, and the person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized County assessment roll has been given a reasonable opportunity to appear and be heard before the Board of Supervisors of the County of San Mateo on whether:

a.

The public interest and necessity require the Project, to wit: slope stability improvements to the Scenic Drive landslide in the La Honda area;

b.

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

c.

The property sought to be acquired is necessary for the Project;

WHEREAS, the Board of Supervisors has considered the information presented at the hearing held on Tuesday, September 9, 2008;

NOW, THEREFORE, IT IS HEREBY RESOLVED, FOUND AND DECLARED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO as follows:

1.

The public interest and necessity require the acquisition of fee title to the Property for the purpose of constructing slope stability improvements.

2.

The Project for which said Property is to be acquired is planned and located in the manner that will be most compatible with the greatest public good and the least private injury.

3.

The Property to be acquired is necessary for the Project.

4.

The offer of just compensation as required by Section 7267.2 of the Government Code has been made to the owner of record, which offer has not been accepted.

BE IT FURTHER RESOLVED that:

1.

County Counsel be and is hereby directed to initiate eminent domain proceedings for the acquisition of the Property and to take such action as is necessary or appropriate to acquire the Property.

2.

The County Manager or his designee is hereby authorized and directed to execute on behalf of the County such notices, documents and filings as may be required in connection with the implementation of the intent of this Resolution of Necessity.

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