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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2005-033 (3049) RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIlZECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR A PORTION OF THE PROPERTY LOCATED AT 1919 DAMS STREET, ASSESSOR'S PARCEL N-UMBER 079A-0395-006-10, PROPERTY OWNER: WAL-MART REAL ESTATE BUSINESS TRUST, FOR CONSTRUCTION OF A NEW ROADWAY EXTENDING WESTGATE PARKWAY TO WILLIAMS STREET 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 wit: for the construction of improvements of a new roadway, extending Westgate Parkway to Williams Street. The name and address of the owner who has interest to be acquired is as follows: 1919 Davis Street: Wal-Mart Real Estate Business Trust c/o Karen Benson 2001 S.E. 10th Street, Bentonville, AR 72716-0550 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, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the persons whose property is to be acquired by eminent domain and whose name and address appear on the last Alameda County equalized assessment roll, to whom has been given a reasonable opportunity to appear and be heard before the City Council of the City of San Leandro on the following matters: RESOLUTION NO. 2005-033