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Resolution No. 21-1238 <br /> Page 2 of 3 <br /> SECTION 5. The Project is planned and located in the manner that will be most <br /> compatible with the greatest public good and the least private injury. <br /> SECTION 6. The real property interests described herein are necessary for the Project. <br /> SECTION 7. The offer required by Section 7267.2 of the Government Code has been <br /> made to the owners of record. <br /> SECTION 8. The said property referred to herein (consisting of APNs 941-1300-17 and <br /> 941-1300-18) may be currently appropriated to public use. Pursuant to Code of Civil Procedure <br /> section 1240.610, the public use for which said property rights described herein are sought to be <br /> taken is a more necessary public use than the public use to which the areas within said property <br /> rights are currently appropriated. <br /> SECTION 9. The said property referred to herein (consisting of APNs 941-1300-17 and <br /> 941-1300-18) may be currently appropriated to public use. Pursuant to Code of Civil Procedure <br /> section 1240.510, the public use for which the said property rights described herein are sought to <br /> be taken will not unreasonably interfere with or impair the continuance of the public use as it now <br /> exists or may reasonably be expected to exist on APNs 941-1300-17 and 941-1300-18 in the <br /> future. <br /> SECTION 10. Special counsel, Price, Postel & Parma LLP are hereby AUTHORIZED AND <br /> EMPOWERED: <br /> a. To acquire in the City of Pleasanton's name, by condemnation, the said property <br /> interests in accordance with the provisions of the eminent domain law, the Code of Civil <br /> Procedure, and the Constitution of California. <br /> b. To prepare and prosecute in the City of Pleasanton's name such proceedings in <br /> the proper court as are necessary for such acquisition; and <br /> c. To deposit the probable amount of compensation, based on an appraisal, and to <br /> apply to said court for an order permitting the City of Pleasanton to take immediate possession <br /> and use said property for said public uses and purposes. <br /> SECTION 11. This resolution shall become effective immediately upon its passage and <br /> adoption. <br /> SECTION 12. City Clerk shall certify to the passage of this resolution and enter it into the <br /> book of original resolutions. <br /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br /> a regular meeting held on September 7, 2021. <br />