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WIIEREAS, <br /> <br />WYiEREAS , <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. 82-391 <br /> <br />A RESOLUTION ~ENDING RESOLUTION NO. 82-309 <br />AND DETERMINING THAT THE PUBLIC INTEREST AND <br />NECESSITY REQUIRE THE ACQUISITION OF CERTAIN <br />LAND AND DIRECTING THE AMENDMENT OF A PENDING <br />ACTION IN EMINENT DOMAIN (ALAMEDA COUNTY SUPERIOR <br />COURT NO. H-85800-5) <br /> <br />it is necessary and desirable for the City of <br />Pleasanton to acquire that certain real property, <br />as more particularly described in Exhibit "AA" <br />attached hereto and by this reference made a part <br />hereof, for the construction of road, access and <br />public utility facilities for the purposes of the <br />realignment of Johnson Avenue west of Hopyard <br />Road; and <br /> <br />the City of Pleasanton is vested with the power of <br />eminent domain to acquire private property for <br />public use by virtue of Article 1, Section 19, <br />of the Constitution of the State of California, <br />Code of Civil Procedure §1240,020, §1240.120 and <br />§1240.350; and <br /> <br />the City of Pleasanton on August 24, 1982, <br />adopted Resolution No. 82-309 which directed the <br />filing of eminent domain proceedings for the <br />acquisition of certain real property in connection <br />with the realignment of Johnson Avenue west of <br />Hopyard Road, and, pursuant to said resolution, <br />the City of Pleasanton, on September 15, 1982, <br />filed Alameda County Superior Court Action No. <br />H-85800-5; and <br /> <br />a partial redesign of the project has been completed <br />and said redesign requires additional real property <br />for access and public utility purposes; and <br /> <br />notice has been duly given pursuant to the provisions <br />of §1245.235 of the Code of Civil Procedure of the <br />State of California, and all persons whose property <br />is to be acquired by eminent domain and whose name <br />and address appear on the last equalized county <br />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 /> <br />