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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2003- 171 (2 9 5 7 ) RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR A PORTION OF THE PROPERTY LOCATED AT 15555 HESPERIAN BOULEVARD, ASSESSOR'S PARCEL NO. 413-0003-001-03, PROPERTY OWNERS: S.J. CUTTITTA AND WELLS FARGO BANK, N.A., PAULINE FRESGHI, PAULA KAMENA AND LENORE F. MAIONCHI, FOR ROAD WIDENING 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 road widening. 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 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; b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;