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4/6/98 <br /> <br /> ORIGINAL <br /> RSSOLUTION NO. 13312 <br /> <br /> A RESOLUTION OF THE CITY OF REDWOOD CITY AUTHORIZING <br /> ACQUISITION OF AN EASEMENT IN PROPERTY AND THE EXPENDING OF <br /> FUNDS THEREFOR, AND THE INITIATION OF EMINENT DOMAIN <br /> PROCEEDINGS <br /> <br /> Assessor Parcel No. 095-030-170 <br /> (Owner: Peninsula Open Space Trust, a California non-profit public benefit corporation) <br /> <br /> WHEREAS, California Code of Civil Procedure, Tille VII, Sections 1230.020, 1240.010, <br />1240.020, 1240.110, 1240.120, 1240.130, 1240.510 and 1240.610, and Government Code Sections <br />37350.5, et seq. and 40404 authorize the City of Redwood City ("City") to exercise the power of <br />eminent domain for the purposes of taking property or property interests necessary to carry out any of <br />the City's powers or functions, including acquisition for public street purposes; and, <br /> <br /> WHEREAS, the acquisition and confirmation of title of a roadway easement hereinafter <br />described is necessary for construction and operation of a public street for the Balr lslandRoad <br />Extension Project on the portion of Bmr Island Road extending to Pete's Harbor ("Project"); and, <br /> <br /> WHEREAS, the Project is consistent with the City's Strategic General Plan (adopted January <br />22, 1990) and, in particular, with the Land Use and Circulation Elements of the General Plan; and, <br /> <br /> WHEREAS, the City Planning Commission has heretofore certified a Negative Declaration <br />(and any and all addenda thereto) as being in compliance with the California Environmental Quality Act <br />("CEQA"), found in Public Resources Code Sections 21000, et. seq., and the State CEQA Guidelines <br />adopted by the Secretary of Resources; and, <br /> <br /> WHEREAS, The Eminent Domain Law authorizes the acquisition of real property, including <br />roadway easement, by negotiated purchase and by eminent domain; and, <br /> <br /> WHEREAS, pursuant to the Code of Civil Procedure Section 1245.235, notice and an <br />opportunity to be heard was given to the person(s) shown on the last equalized county assessment role <br />as the owner of the underlying fee over which there exists a roadway easement which the subject of <br />the proposed acquisition for the Project; and, <br /> <br /> WHEREAS, pursuant to Government Code Section 7267.2, the owner of record of the <br /> <br /> (page 1 of 4) 13312 <br /> <br /> <br />