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<br />Resolution No. 02-088 <br />Page Two <br /> <br />WHEREAS, the City has considered various alternatives to the alignment of the Project and has <br />determined that the Project, as proposed, will have the least impact on the owners <br />of the property described in Exhibits 1-5. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: The City Council finds, determines and orders as follows: <br /> <br />a. The public interest and necessity require the Project; <br /> <br />b. The Project is planned and located in the manner which will be most <br />compatible with the greatest public good and the least private injury; <br /> <br />c. The taking of the fee simple title in and to the real property more <br />particularly described in said Exhibits I, 2, 3 and 4 is necessary for the <br />Project; <br /> <br />d. A temporary construction easement on the real property described III <br />Exhibit 5 is necessary for the Project; <br /> <br />e. The offer required by Section 7267.2 of the Government Code of the State <br />of California has been made to the owners of record of the real property; <br /> <br />f. The City Attorney's office be and it is hereby authorized and directed to <br />institute and conduct to conclusion an action in eminent domain for the <br />acquisition of the estates and interests aforesaid and to take said action as it <br />may deem advisable or necessary in connection therewith; and <br /> <br />g. An order for prejudgment possession may be obtained in said action and a <br />warrant issued to the Clerk of the County of Alameda, State of California, <br />in the amount determined by the Court to be so deposited, as a condition to <br />the right of immediate possession. <br /> <br />Section 2: This resolution shall become effective immediately upon its passage and adoption. <br /> <br />Iii I <br />