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01
City of Pleasanton
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2021
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090721
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9/1/2021 9:30:20 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/7/2021
DESTRUCT DATE
15Y
NOTES
JDEDZ PROPERTY RIGHTS
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Attachment 1 <br /> RESOLUTION NO. <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> DECLARING CERTAIN PROPERTY RIGHTS NECESSARY FOR THE <br /> CONSTRUCTION OF JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE <br /> PROJECT (T.P. HERITAGE INN OF PLEASANTON, LLC AND S.S. HERITAGE <br /> INN OF PLEASANTON, LLC, APNs 941-1300-14 and 941-1300-15) <br /> WHEREAS, The City of Pleasanton wishes to acquire a 15,592 square foot parcel <br /> in fee simple, an 8,833 square foot roadway, sidewalk and landscaping easement, and a <br /> 3,954 square foot temporary construction easement on portions of real property described <br /> herein below (APNs 941-1300-14 and 941-1300-15) for public use by the exercise of the <br /> power of eminent domain. The acquisition of such property rights is required to complete <br /> the construction of improvements approved in connection with the Johnson Drive <br /> Economic Development Zone Project ("the Project"). A general description of the Project <br /> is contained in the Staff Report dated September 7, 2021, and incorporated by reference; <br /> and <br /> WHEREAS, Pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure, <br /> written notice of the intent to consider the adoption of this resolution of necessity was sent <br /> on August 19, 2021 to the owner of record of the said property; and <br /> WHEREAS, Due consideration of all oral and documentary evidence introduced <br /> has been given; and <br /> WHEREAS, A Revised Final Supplemental Environmental Impact Report <br /> (RFSEIR)for the Project was certified by the Pleasanton City Council on February 4, 2020 <br /> (Resolution No. 20-1131). The proposed acquisition is in furtherance of the Project. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE <br /> CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER <br /> THE FOLLOWING: <br /> SECTION 1. The findings and declarations contained in this resolution are based <br /> upon the record with respect to the Project before the City Council at its meetings of <br /> February 4, 2020 and September 7, 2021, and the testimony, records and documents <br /> produced at the hearings, all of which are incorporated by this reference. <br /> SECTION 2. The real property to be acquired consists of a 15,592 square foot <br /> parcel in fee simple, an 8,833 square foot roadway, sidewalk and landscaping easement, <br /> and a 3,954 square foot temporary construction easement over those certain portions of <br /> real property more specifically described in Exhibits "A", "A-1", "B", "B-1", "C" and "C-1" <br /> attached hereto and made a part hereof. Said temporary construction easements will <br /> include those rights necessary to construct the required public improvements, and will <br />
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