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

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Dirt Farm Property Acquisition 3 December 4, 2006 enter an order granting possession, which would be effective 30-90 days thereafter. Generally, if the property is "lawfully occupied by a person dwelling thereon or by a farm or business operation", the order can be effective on the 90th day following service of the order. In "all other cases", the order can be effective on the 30th day following service. (CCP §1255.450(b).) An order can be effective in less than 30 days, but "not less than three days", if the court finds that the condemning agency has "an urgent need for possession of property and that possession will not displace or unreasonably affect any person in actual and lawful possession of the property...." (CCP §1255.410(c).) If the case does not settle beforehand, it will proceed toward trial on the amount of just compensation owed to the property owner. FINDINGS: City Council adoption of the Resolution of Necessity is required for the initiation of the proposed eminent domain action. The Resolution, with the following findings, must be adopted by a minimum two-thirds vote of the seven member City Council (five affirmative votes required) in accordance with California Code of Civil Procedure Sections 1245.230 and 1245.240. Evidence supporting the adoption of the Resolutions is set forth in this report, including the matters noted below: a. The public interest and necessity require the proposed project; The Water Pollution Control Plant is necessary for the treatment of sewage, to meet the demands of regulatory agencies concerning said treatment, and to provide for the health of the public. 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; The Water Pollution Control Plant expansion is necessary to provide additional space for new equipment so the plant can continue to meet both current demand and future regulatory requirements. The site is fully built out and too small to allow for the required equipment. C. The property described in the respective Resolution of Necessity is necessary for the proposed project; and The Property is located adjacent to the plant, and is ideally situated to allow for the construction of new facilities. d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. On September 6, 2006, a Government Code §7267.2 offer letter was made to the property owner for the appraised value of the property interests.