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

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Dirt Farm Property Acquisition 2 December 4, 2006 Since the dirt was piled on the subject property, there has been no activity at the site. However, the assessor's records indicate that Mr. Zeitz's heirs continue to pay the property taxes. Accordingly, staff has sent all communications regarding the subject property to the heirs' address. To meet the proposed construction schedule for the expansion of the Water Pollution Control Plant, it is necessary that the City take possession of the subject property during the spring of 2007. If the City adopts the Resolution of Necessity, it will allow construction to commence in a timely manner (i.e., late 2007). EMINENT DOMAIN PROCESS: A. The Citv has Complied with all Annlicable Statutory Procedures The City retained an appraiser to appraise the value of the subject property for the project. Pursuant to Government Code §7267.2(a), the City reviewed and approved the appraisal and accordingly prepared the government code offer to the property owner and his heirs. On September 6, 2006, the Government Code §7267.2 offer letter was made to the property owner for the appraised value of the property interests. Since September, the City has made an attempt to negotiate with the property owner's heirs. Allowing for a fifteen to thirty day negotiation period is good practice, but not required. Pursuant to Code of Civil Procedure §1245.235(a), on November 7, 2006, the City sent a Notice of Intent to Adopt a Resolution of Necessity to "each person ... whose name and address appears on the last equalized county assessment roll...." for the aforementioned property. The Code of Civil Procedure provides that a property owner -- in order to "appear and be heard" at the hearing on the resolution of necessity -- must file a written request with the condemning agency "within 15 days after the notice was mailed...." The City has complied with all applicable statutory procedures and continues to attempt to negotiate with the property owner's heirs. B. The City has Satisfied the Requirements Under Eminent Domain Law to Adopt a Resolution of Necessity As stated in Section A above, the City has complied with the statutory procedures. The City is authorized to bring an eminent domain action to acquire real property interests for public use pursuant to and under the provisions of Article 1, Section 19 of the Constitution of the State of California, and Code of Civil Procedure Section ("CCP") 1230.010, et seq. A city may acquire by eminent domain any property necessary to carry out any of its powers or functions, which include property to treat wastewater for the City and its residents. (Govt. Code §§ 37350.5, 38730, 38900.) If the City Council adopts the proposed Resolution of Necessity, and subsequently determines that it cannot reach an agreement with the property owner (and/or his heirs), the next step will be to file an eminent domain action in Alameda County Superior Court. The City can seek immediate possession of the subject property by depositing with the State Condemnation Fund the amount of probable compensation (e.g., the appraised value) and requesting the Court to