RES 211238 - Laserfiche WebLink

RESOLUTION NO. 21-1238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DECLARING CERTAIN PROPERTY RIGHTS NECESSARY FOR THE CONSTRUCTION OF JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT (PACIFIC TELEPHONE AND TELEGRAPH COMPANY, APNs 941-1300-17 and 941-1300-18) WHEREAS, the City of Pleasanton wishes to acquire a 4,574 square foot parcel in fee simple, a 4,096 square foot roadway, sidewalk and landscaping easement, and a 18,287 square foot temporary construction easement on portions of real property described herein below (APNs 941-1300-17 and 941-1300-18) for public use by the exercise of the power of eminent domain. The acquisition of such property rights is required to complete the construction of improvements approved in connection with the Johnson Drive Economic Development Zone Project ("the Project"). A general description of the Project is contained in the Staff Report dated September 7, 2021, and incorporated by reference; and WHEREAS, pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on August 19, 2021 to the owner of record of the said property; and WHEREAS, due consideration of all oral and documentary evidence introduced has been given; and WHEREAS, a Revised Final Supplemental Environmental Impact Report (RFSEIR) for the Project was certified by the Pleasanton City Council on February 4, 2020 (Resolution No. 20- 1131). The proposed acquisition is in furtherance of the Project. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. The findings and declarations contained in this resolution are based upon the record with respect to the Project before the City Council at its meetings of February 4, 2020 and September 7, 2021, and the testimony, records and documents produced at the hearings, all of which are incorporated by this reference. SECTION 2. The real property to be acquired consists of a 4,574 square foot parcel in fee simple, a 4,096 square foot roadway, sidewalk and landscaping easement, and an 18,287 square foot temporary construction easement over those certain portions of real property more specifically described in Exhibits "A", "A-1", "B", "B-1", "C" and "C-1" attached hereto and made a part hereof. Said temporary construction easements will include those rights necessary to construct the required public improvements, and will commence upon commencement of construction and will terminate one (1) year thereafter. SECTION 3. The said property rights are to be acquired for the Project pursuant to the authority granted in California Constitution Article I Section 19; California Government Code Sections 37350, 37350.5, 40401 and 40404; Title 7, Part 3 of the Code of Civil Procedure; and other provisions of law. SECTION 4. The public interest and necessity require the Project.