Deed - 2660 Eden Road - File D-1401, 2006

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CITY OF SAN LEANDRO STAFF REPORT DATE: December 4, 2006 TO: FROM BY: John Jermanis, City Manager . Uchenna Udemezue Director Engineering & Transportation De artment Tara Peterson, Administrative Se 'ces M SUBJECT PROJECT/PROJECT DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL Jo Jermanis C' anaizer z (3/o4-/D-140i) MATTER OF PROPERTY OWNER HEARING REGARDING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF 2660 EDEN ROAD FOR THE WATER POLLUTION CONTROL PLANT EXPANSION PROJECT, PROJECT NO. 593-52-216 SUMMARY AND RECOMMENDATION It is recommended that the City Council adopt the proposed Resolution of Necessity to acquire, by eminent domain, fee title in and to the property known as 2660 Eden Road, San Leandro, California (APN: 042-4530-004) for the expansion of the Water Pollution Control Plant. Albert Zeitz (deceased) is the owner of record of the subject property. Further, staff recommends that the City Council make the following findings for the proposed acquisition: a. The public interest and necessity require the proposed project; b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property described in the respective Resolution of Necessity is necessary for the proposed project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. BACKGROUND The City notified the heirs of Albert Zeitz regarding the City's desire to acquire the subject property. However, none of Mr. Zeitz's heirs have responded to staff s attempts to negotiate a voluntary purchase of the subject property. Pursuant to Government Code Section 7267.1, which requires a public entity to make every reasonable effort to acquire expeditiously property by negotiation, we will continue our attempts to negotiate with the heirs.