Resolution 10538CITY OF ALAMEDA RESOLUTION NO. 10538
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY FOR THE CONSTRUCTION OF PATTON
WAY AND FINDING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE PROPOSED PROJECT, THAT THE LOCATION THEREOF
CAUSES THE LEAST PRIVATE INJURY, AND THAT THE SUBJECT
PROPERTY IS NECESSARY FOR THE PROPOSED PROJECT
WHEREAS, the People have recommended to the City Council that
a certain parcel described in "Exhibit A ", attached hereto and in-
corporated herein by this reference, be acquired by the City of
Alameda for public use by this exercise of the power of eminent
domain;
WHEREAS, pursuant to Chapter 4, Title 7, Part 3 of the Code
of Civil Procedure notice of intent to adopt this resolution of
necessity for condemnation was sent to the owners of property shown
on "Exhibit A ";
WHEREAS, written requests to appear have not been received
from persons notified;
WHEREAS, due consideration of all oral and documentary
evidence introduced has been given and official notice of the
plans, specifications, reports, and environmental impact reports
heretofore prepared or adopted has been taken;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES FIND AND RESOLVE as follows:
(a) The subject property is taken for public use as
public right -of -way for street, highway and other
purposes and pursuant to the authority granted in
Streets and Highways Code Sec. 4090, Government
Code Sec. 40404, Title 7, Part 3 of the Code of
Civil Procedure, Article XI, Sec. 5 of the
California Constitution and the Charter of the
City of Alameda;
(b) The property taken pursuant to this exercise of
the power of eminent domain is generally described
as Parcel Number 47001. The estate to be taken is
in fee simple for cut fill slope purposes and
incidents thereto;
(c) The public interest and necessity require the
proposed project;
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(d) The proposed project is planned and located in the
manner that will be most compatible with the
greatest public good and the least private injury;
(e) The prcperty described herein is necessary for
the proposed project;
(f) The City Attorney is hereby authorized and directed
to take any and all actions necessary on behalf
of the City of Alameda to acquire said property
by eminent domain proceedings or otherwise. Said
City Attorney is hereby authorized to retain legal
assistance in all matters in connection with the
acquisition of said property;
(g) An Environmental Impact Report and an Environmental
Impact Statement have been approved for the project
and reviewed and considered by the City Council.
Property to be acquired for
construction of Patton Way
Real property in the City of Alameda, County. of Alameda,
State of California, described as
COMMENCING at a point on the curve with a radius of
477.68 feet and arc distance of 680.58 feet described in the
indenture recorded January 3, 1949 in Book 5693 at page 348,
Official Records of Alameda County, said point being at the
intersection of said curve with the easterly line of the road
known as Thau Way; thence along said easterly line
Nz 04 °46'53" W., 18.16 feet; thence from a tangent that
bears S. 28 °23'41" E., along a curve to the left with a
radius of 430.00 feet, through an angle of 36036'08 ", an arc
length of 274.70 'feet to a point on above - described curve with
the radius of 477.68 feet; thence from a tangent that bears
N. 64 °59'49" W., along said curve with a radius of 477.68
feet, through an angle of 31 °11'20 ", an arc length of 260.02
feet to the point of commencement.
CONTAINING 614 square feet,
more or. less.
The bearings and distances used in the above description
a Coordinate System, Zone 3.
are on the Californ
"Exhibit A"
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular mee ing assembled on the 5th of February, 1985,
by the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of February, 1985.