CIC Resolution 97-66COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO. 97-66
FINDING AND DETERMINING THAT THE PROPERTY IS NECESSARY
FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT, AND THAT AN
OFFER OF JUST COMPENSATION HAS BEEN MADE
(Easements at 791 Thau Way recorded on May 17, 1927, in Book
1587, Page 315, Official Records and January 8, 1943, in Book
4318, Page 210, Official Records)
WHEREAS, the Community Improvement Commission of the City of
Alameda ("CIC"), a public body, is authorized to implement and
further the program generally formulated in the Community
Improvement Plan for the redevelopment, rehabilitation and
revitalization of the Business and Waterfront Improvement Project;
and
WHEREAS, the CIC is authorized to acquire property by eminen
domain for the purpose of redevelopment pursuant to Section 309 o
the Community Improvement Plan for the Business and Waterfront
Improvement Project, the Eminent Domain Law, including Code of
Civil Procedure sections 1245.210 et.secr., and Government Code
section 37350.5; and
WHEREAS, the acquisition of property is necessary in order to
eliminate blighting influences in the Business and Waterfront
Improvement Project Area; and
WHEREAS, the CIC noticed and scheduled a public hearing with
regard to considering and adopting a resolution of necessity
pursuant to Code of Civil Procedure sections 1245.210 et. seg.,
relating to the acquisition of certain property by eminent domain
forjpublic use; and
WHEREAS, the CIC has heard and considered information relating
to the proposed acquisition and to the public interest, necessity,
and convenience.
NOW, THEREFORE, BE IT RESOLVED by the Community Improvement
Commission of the City of Alameda, acting by and through its Chair
and members, as follows:
1. That the Community Improvement Commission finds and
determines each of the following:
(1) That the public interest and necessity require the
proposed redevelopment project;
(2) That the proposed project is planned and located in
the manner that will be the most compatible with the greatest
public good and the least private injury;
(3) The property described in the resolution is
necessary for the redevelopment of the Business and Waterfront
Improvement Project; and
(4) That the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record.
2. That the acquisition is permitted by law.
3. That the property to be acquired is easement interests
recorded on May 17, 1927, in Book 1587, Page 315, Official Records
and January 8, 1943, in Book 4318, Page 210, Official Records to
the property located at the address generally known as 791 Thau
Way, Alameda, Assessor's Parcel Nos. 74-906-22, 74-906-23-4, and
74-906-38.2 (all).
4. That CIC legal counsel, Executive Director, and staff are
authorized and directed to take such steps and actions, and to file
such legal proceedings, as may be necessary to acquire the property
and to obtain an order of immediate possession.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the
Community Improvement Commission of the City of Alameda in special
meeting assembled on the 4th day of February , 1997, by
the following vote to wit:
AYES:
NOES:
ABSENT:
Commissioners Daysog, DeWitt, Kerr, Lucas
and Chair Appezzato - 5.
None.
None,
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said Commission this 5th day of February ,
1997.
/
Sandee Rabe, Acting Sere
City of Alameda
RalphJ. Appe t4e4" Chair
Community Improvement Commission