Easement - Portion of 15035 East 14th St - File D-1386, 2005

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1.24.090 Any eminent domain proceedings to ac- quire property within the project area shall be commenced not later than July 5, 2009. Such time limitation may be extended only by amendment to this plan. The agency is not authorized by law to ac- quire real property owned by public bodies which do not consent to such acquisition. The agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease or other- wise to private ownership or control before the agency completes land disposition within the entire project area if the agency and the private owner do not enter into a participation agreement. Except as provided herein, the agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The agency is authorized to acquire structures without acquiring the land upon which those structures are located. The agency is also au- thorized to acquire any other interest in real property less than a fee. The agency shall not acquire real property on which an existing building is to be contin- ued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the stan- dards, restrictions and controls of the plan and the owner fails or refuses to participate in the plan by executing a participation agreement. Generally, personal property shall not be acquired. However, where necessary in the execution of this plan, the agency is author- ized to acquire personal property in the project area by any lawful means, including eminent domain. Notwithstanding the foregoing to the contrary, the agency is authorized to acquire any real property in the project area irrespec- tive of the terms of an owner participation agreement, if such property, in the sole and exclusive determination of the agency, is (1) necessary for effective redevelopment ofadja- cent property acquired by the agency or in- tended to be acquired by the agency, or (2) necessary for vehicular access to adjacent properties, public rights of way, public utili- ties and services, proper traffic and pedestrian circulation or other public purposes. B. Disposal of Agency Property. The agency shall dispose of all property acquired by it through sale or lease, except property conveyed by the agency to the city of San Leandro. All such agency property shall be disposed of in accordance with the provisions and ob- jectives of this plan. The sale, lease or con- veyance by agreement of agency property shall include provisions for the retention of controls, and the establishment of any restric- tions or covenants running with the land sold, leased or conveyed for private use for such periods of time and under such conditions as the agency deems necessary to carry out this plan. C. City Participation. The city of San Leandro may expend funds to undertake and complete any proceedings necessary to carry out this plan. D. Payments to Other Taxing Agencies. In any year during which it owns property in the project area, the agency is authorized, but not required, to pay directly to any city, county, city and county, district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it (San Leandro Redevelopment Agency Supp. No. 1, 10-04) 28