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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 89-321 <br /> <br /> RESOLUTION DETERMINING THAT THE PUBLIC <br /> INTEREST AND NECESSITY REQUIRE THE <br /> ACQUISITION OF CERTAIN LAND AND DIRECTING <br /> THE FILING OF EMINENT DOMAIN PROCEEDINGS <br /> <br />WHEREAS, it is desirable and necessary for the City of <br /> Pleasanton to acquire certain real property, <br /> particularly described in Exhibit "A" attached <br /> hereto and made a part hereof by reference, for the <br /> purpose of providing a site for a water pump <br /> station; and <br /> <br />WHEREAS, the City of Pleasanton is vested with the power of <br /> eminent domain to acquire real property by virtue <br /> of Article 1, Section 19 of the Constitution of the <br /> State of California, Section 37350.5 of the <br /> Government Code of the State of California and <br /> Sections 1240.050, 1240.110, 1240.120, 1240.125, <br /> 1240.150 and 1240.410 of the Code of Civil <br /> Procedure of the State of California; and <br /> <br />WHEREAS, pursuant to the provisions of Section 1245.235 of <br /> the Code of Civil Procedure of the State of <br /> California, a notice is required to be given to all <br /> persons whose property is to be acquired by eminent <br /> domain and whose name and address appears on the <br /> last Alameda County equalized assessment roll, all <br /> of whom have been given a reasonable opportunity to <br /> appear and be heard before the City Council of the <br /> City of Pleasanton on the following matters: <br /> <br /> a. whether the public interest and necessity <br /> require the Project; <br /> <br /> b. whether the Project is planned or located in <br /> the manner that will be most compatible with <br /> the greatest public good and the least private <br /> injury; and <br /> <br /> c. whether the property sought to be acquired is <br /> necessary for the Project; <br /> <br /> <br />