Agenda Item Wording:
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Public hearing to consider and adopt a Resolution of Necessity to acquire property and temporary construction easements from portions of eight separate properties of APN 126-130-007, 126-130-009, 126-130-013, 126-670-023, 126-670-024, 126-700-043, 126-700-049, and 123-300-040 all of which are located along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).
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Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:
Jim Koontz, Assistant City Attorney, jkoontz@prlawcorp.com, 372-2400
Eric Bons, Senior Civil Engineer, eric.bons@visalia.city, 713-4350
Frank Senteno, City Engineer, frank.senteno@visalia.city, 713-4331
Nick Mascia, Assistant City Manager, nick.mascia@visalia.city, 713-4323
Department Recommendation:
Staff recommends that the City Council adopt the Resolution of Necessity, which is the initial step toward eminent domain, to ensure the timely acquisition of the required property associated with the widening of Caldwell Avenue between Santa Fe Street and Lovers Lane. On-going negotiations will continue with the goal of reaching agreement in a timely manner and avoiding the legal process.
Summary:
The project is time sensitive. The project received a Senate Bill 1, Local Partnership Program (SB-1 LPP) funding grant for Right of Way Acquisition through Tulare County Association of Governments (TCAG). The grant funding has short timelines and requires the City to obtain the property rights that are necessary to construct the project, either through mutual agreement or the right to possess the property through an eminent domain action (See additional grant deadline information below).
City Council directed staff to acquire right-of-way through the normal process of appraising the property, making offers to owners, and negotiating agreements. To ensure funding is not lost, staff recommends initiating the eminent domain...
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