HomeMy WebLinkAbout023-92RESOLUTION NO. 23-92
DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN LAND AND EASEMENTS AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS,
FOSTORIA PARKWAY ACQUISITION PROJECT
WHEREAS, it is desirable and necessary for the Town Council of the Town of Danville
to acquire certain real property, particularly described in Exhibit "A", attached hereto and
made a part hereof by reference, in order to implement the objectives of the above-
identified project; and
WHEREAS, the Town Council of the Town of Danville is vested with the power of
eminent domain to acquire real property by virtue of Article 1, Section 19, of the
Constitution of the State of California, Section 33391 of the Health and Safety Code of the
State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150,
1240.410 and 1240.610 of the Code of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure
of the State of California, notice has been duly given to all persons whose property is to
be acquired by eminent domain and whose names and addresses appear on the last
Contra Costa County equalized assessment roll, all of whom have been given a reasonable
opportunity to appear and be heard before the Town Council of the Town of Danville on
the following matters:
(a) Whether the public interest and necessity require the Project;
(b)
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; and
(c) whether the property sought to be acquired is necessary for the Project;
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the
State of California, the Town Council of the Town of Danville has made an offer to the
owner or owners of record to acquire the subject property for just compensation;
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project to implement the
objectives of the Fostoria Parkway Acquisition Project which is the construction of the
Fostoria Parkway Overcrossing.
PAGE 1 OF RESOLUTION NO. 23-92
2. The Project is planned and located in the manner which will be most
compatible with the greatest public good and the least private injury;
3. The taking of the fee simple title in and to the real property more
particularly described in said Exhibit 'W' is necessary for the Project;
4. The offer required by Section 7267.2 of the Government Code of the State
of California has been made to the owner or owners of record of the real property;
5. The City Attorney of the Town of Danville or his duly authorized designee
be, and he is hereby, authorized and directed to institute and conduct to conclusion an
action in eminent domain for the acquisition of the estates and interests aforesaid and
to take such action as he may deem advisable or necessary in connection therewith;
6. An order for prejudgment possession may be obtained in said action and
a warrant issued to the State Treasury Condemnation Fund, in the amount determined
by the Court to be so deposited, as a condition to the right of immediate possession.
APPROVED by the Town Council of the Town of Danville at a Regular Meeting held on
March 3, 1992.
AYES: Lane, Greenberg, Ritchey, Shimansky
NOES: Doyle
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
//CITY ATTORNEY
ATTEST:
CITY CLERK
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