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WHE~AS, <br /> <br />WHEREAS, <br /> <br />WHEREAS, <br /> <br />WHEREAS , <br /> <br />CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 82-407 <br /> <br />A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST <br />AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN <br />LAND AND DIRECTING THE FILING OF EMINENT DOMAIN <br />PROCEEDINGS <br /> <br />a plan has been proposed for the City of Pleasanton <br />to acquire those certain real property interests, as <br />more particularly described in Exhibit "A" attached <br />hereto and by this reference made a part hereof, <br />for the widening of Hopyard Road near its intersec- <br />tion with Johnson Drive, the realignment and widening <br />of Johnson Drive East of Hopyard Road, and the <br />construction of public utility facilities; <br /> <br />the City of Pleasanton is vested with the power <br />of eminent domain to acquire private property for <br />public use by virtue of Article 1, Section 19, of <br />the Constitution of the State of California, Govern- <br />ment Code §37350.5, Code of Civil Procedures §1240.020, <br />§1240.120, §1240.150, §1240.320, §1240.350, and <br />§1240.410; <br /> <br />notice has been duly given pursuant to the provisions <br />of Section 1245.235 of the Code of Civil Procedure <br />of the State of California, and all persons whose <br />property is to be acquired by eminent domain and <br />whose name and address appear on the last equalized <br />county assessment roll have been given a reasonable <br />opportunity to appear and be heard before the City <br />Council of the City of Pleasanton on the following <br />matters, to wit: <br /> <br />(a) Whether the public interest and necessity <br /> require the project; <br /> <br />(b) <br /> <br />Whether the project is planned or located <br />in the manner that will be most compatible <br />with the greatest public good and the least <br />private injury; and <br /> <br />(c) Whether the property sought to be acquired <br /> is necessary for the project; <br /> <br />pursuant to §1240.350 of the Code of Civil Procedures, <br />one of the property interests described in Exhibit <br />"A" is being acquired to provide access to a public <br />road for a property cut off from access as a result <br />of the acquisition described herein, and the City <br /> <br />-1- <br /> <br /> <br />