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BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of
Finding and Determining That the )
Public Interest and Necessity )
Require the Acquisition of )
Certain Land and Directing the )
Filing of Eminent Domain )
Proceedings (Community Park and )
Recreation Facilities) )
)
RESOLUTION NO. 85-86
RECITALS
A. It is necessary and desirable for the City of Danville
to acquire that certain real property as more particularly
described in Exhibit "A" attached for the acquisition and
development of a community park and recreation facilities and
public improvements. The purpose and use for which the real
property is to be acquired is, among others, providing community
park and recreation facilities.
B. The City of Danville is vested with the power of eminent
domain to acquire private property for public use by virtue of
Article 1, Section 19 of the Constitution of the State of
California, California Code of Civil Procedure sections
1240.010, 1240.030, 1240.050, 1240.110, 1240.120, 1240.210 et
seq.
C. Notice has been given under section 1245.235 of the Code
of Civil Procedure of the State of California, and all persons
whose property is to be acquired by eminent domain and whose
name and address appear on the last equalized Contra Costa
County Assessment Roll have been given a reasonable opportunity
to appear and be heard before the City Council on the following
matters:
(1) whether the public interest and necessity require the
project;
(2) whether the project is planned or located in the
manner that will be most compatible with the greatest
public good and the least private injury;
(3) whether the property sought to be acquired is necessary
for the project.
D. The City of Danville has, in accordance with California
Government Code section 7267.2, offered to each owner of record
to acquire the real property for just compensation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DANVILLE
FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
1. Recitals A through D of this Resolution are incorporated
by reference.
2. The public interest and necessity require the project
and the taking of the fee simple title in and to the property
described in Exhibit "A" for the acquisition and development of
a community park and recreation facilities and related public
improvements. The purpose and use for which such real property
is to be acquired is, among others, providing community park and
recreation facilities.
3. The project is planned and located in the manner that
will be most compatible with the greatest public good and the
least private injury.
4. The property sought to be acquired, described in Exhibit
"A", is necessary for the project.
5. The offer required by Government Code section 7267.2 has
been made to the respective owner or owners of record of the
property.
6. The city attorney is directed to institute and conduct
to conclusion an eminent domain proceeding for the acquisition
of the interests in the real property and to take such action as
is necessary and may engage outside counsel as appropriate.
7. This Resolution is effective immediately upon its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a meeting of the City Council of
the City of Danville at a meeting held on the 15th day of
September, 1986 by the following vote:
AYES:
NOES: None
ABSENT: None
Kennett, Lane, McNeely, Offenhartz, Schlendorf
/
MAYOR
ATTEST:
CITY CLERK
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FOUNDERS TITLE COMPANY
O?de? Mo. 700790883
EXHIBIT "A"
PARCEL ONE:
Parcel A according to Parcel Map M.S. 19-75, filed June 3, 1976, in Book. 45 of
Parcel Maps, Page 30, Contra Costa County Records.
PARCEL TWO:
A NON-EXCLUSIVE Easement for ingress and egress, and public utilities with all
necessary appurtenances thereto, over, under and along a portion of Parcel B of
said Parcel Map described as follows:
BEGINNING at the most Western corner of said Parcel B; thence along the
Northeastern line of Camino Tassajara Road, 50 feet wide, South 61° 02' 00"
East 25 feet; thence leaving said line North 28° 58' 00" East 439.59 feet; thence
North 73° 58' 00" East, 49.50 feet to the Northeastern line of said Parcel B;
thence along the last mentioned line, North 61° 02' 00" West to the Northwestern
line of.'said Parcel B; thence along the .last mentioned line South 28Q 58' O0"
West, 474.59 feet to the point of beginning.
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