HomeMy WebLinkAbout079-87BEFORE THE TOWN COUNCIL OF THE TOWN O~' JANVILLE
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
(Sycamore Valley Park Site:
Shapell Property)
RESOLUTION NO. 79-87
RECITALS
A. It is necessary and desirable for the Town 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, specifically the Sycamore Valley Park site.
B. The Town 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. and California Government Code §38010.
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 Town 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 Town 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,
FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
1. Recitals A through D of
incorporated by reference.
THEREFORE, THE TOWN COUNCIL OF THE TOWN OF DANVILLE
this Resolution are
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 at the Sycamore Valley Park site.
3. The project is planned and located in the manner that
will be most compatible with the greatest public good and that
least private injury.
4. The property sought to be acquired, described in
Exhibit "A", is necessary for the project.
5.
The offer requited By Government Code section 7267.2
has been made to the respective owner or owners of record of the
property.
6. The town 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.
Town of Danville at a meeting held on 0ct0ber 5
following vote:
PASSED AND ADOPTED at a meeting of the Town Council of the
, 1987 by the
Lane, Offenhartz, Schlendorf
May
Kennett
ATTEST:
AYES:
NOES:
ABSENT:
Mayor
City Clerk
EXHIBIT A
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2XHI 3.T A
SYCAMORE VALLEY PARK SITE
T~gal Description for Shape11 AcMu4s4t4on:
Parcel #L# of Diablo Highlands Subdivision 6516 in the
Town of Danville, County of Contra Costa, State of California,
as said Parcel is shown on the Map thereof recorded in
Map Book 309, Pages 8 through 15, on file in the Office of the
Recorder of said County.
Containing 11.70± Acres
Page I of 2
File No. iool-o3