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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2006-132 (31 04/D-1401) A RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF ASSESSOR'S PARCEL NO. 042-4530-004, KNOWN AS 2660 EDEN ROAD AND DIRECTING THE FILING OF EMINENT DOMAIN FOR THE EXPANSION OF THE WATER POLLUTION CONTROL PLANT IT IS RESOLVED by the City Council of the City of San Leandro as follows: WHEREAS, it is desirable and necessary for the City of San Leandro to acquire certain real property, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, for public purposes, to with: for the expansion ofthe Water Pollution Control Plant. The name and address of the owner who has interest to be acquired is as follows: Albert Zeitz and/or the heirs and devisees of Albert Zeitz, deceased, and all persons claiming by, through or under said decedent 2132 San Antonio Avenue Alameda, CA 94501-4327 WHEREAS, the City of San Leandro is vested with the power of eminent domain to acquire real property by virtue of Article I, Section 19, of the Constitution of the State of California, Code of Civil Procedure Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410, and Government Code Sections 37350.5, 38730, and 38900; and WHEREAS, pursuant to the provisions of Section 1245.235 ofthe Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of the City of San Leandro on the following matters: a. Whether the public interest and necessity require the project;