Resolution 11062CITY OF ALAMEDA RESOLUTION NO. 11062
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY FOR THE CONSTRUCTION OF A PUBLIC
IMPROVEMENT, NAMELY, THE CIVIC CENTER EXPANSION
PROJECT, FINDING THAT 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 City Council has determined that certain
parcels described in "Exhibit A ", attached hereto and
incorporated 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 owner of the
property shown on "Exhibit A ";
WHEREAS, a written request to be hear has been submitted
by the party so notified;
WHEREAS, due consideration of all oral and documentary
evidence introduced having been given and an Environmental
Assessment having been completed;
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 a
parking lot and pursuant to the authority granted in Streets and
Highways Code Sec. 4090, Government Code Secs. 37352 and 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 2305 Central
Avenue, City of Alameda, County of Alameda, State of California.
The estate to be taken is in fee simple.
(c) The public interest and necessity require the
proposed project.
(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 property described herein is necessary for the
proposed project;
(f) The offer required by Section 7267.2 of the
Government Code of the State of California has been made to the
owner of record.
(g) The City Attorney is hereby authorized and directed
to take any and all actions necessary on behalf of the City of
'100 Alameda to acquire said property by eminent domain proceedings or
0- otherwise. Said City Attorney is hereby authorized to retain
Ca legal assistance in all matters in connection with the
acquisition of said property.
0
(h) An Environmental Assessment has been done and the
\00
Project is exempt under Sections 15301 (1)(3) and 15311 (b) of
b. s
the City of Alameda EIR Guidelines.
1.
That parcel of land in the City of Alameda, County of Alameda,
State of California, described as follows:
Portion of Lots 5 and 6, Block 49, Map of lands adjacent to the
Town of Encinal, by Jas. T. Stratton, May 1st, 1967, filed May 28,
1867, Map Book 19, page 53, Alameda County Records, described as
follows:
Commencing at the point of intersection of the northern line of
Central Avenue, as the same now exists since the widening thereof,
with the eastern line of Oak Street; thence easterly along said
line of Central Avenue, One hundred feet; thence at right angles
northerly one hundred sixty-seven feet, six inches; thence at
right angles westerly one hundred feet to the eastern line of Oak
Street; and thence southerly along said last named line one
hundred and sixty-seven feet, six inches to the point of
commencement.
2305 Central Avenue
Exhibit "A" - Page 1 of 2
That parcel of land in the City of Alameda, County of Alameda,
State of California, described as follows:
Portion of Lots 5 and 6 Block 49, "Map of Lands adjacent to the
Town of Encinal, Surveyed by Jas. T. Stratton, May 1st, 1867",
filed May 28, 1867, Map Book 19, page 53, Alameda County Records,
described as follows:
Beginning at a point on the southeastern line of Oak Street, as
said street is shown on said map, distant thereon northeasterly
157.50 feet from the northeastern line of Central Avenue, as said
avenue now exists since the widening thereof; thence along said
line of Oak Street northeasterly 50 feet; thence southeasterly
parallel with said line of Central Avenue 100 feet; thence
southwesterly parallel with said line of Oak Street 50 feet;
thence northwesterly parallel with said line of Central Avenue 100
feet to the point of beginning.
1416 Oak Street
Exhibit "A" - Page 2 of 2
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 meeting
assembled on the 2nd of December, 1986,
by the following vote to wit:
AYES: Councilmembers Hanna, Lucas, Monsef and
President Diament - 4.
NOES: Councilmember Corica - 1.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 3rd day of
December, 1986.
City erk of the City of Alameda