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• • RESOLUTION NO. 123:-.06 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS Assessor Parcel Number 182-52-009 WHEREAS,the Town is a public body corporate and politic and is vested with the power of eminent domain to acquire the real property interest described herein by virtue of Article 1, Section 19, of the Constitution of the State of California, and Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1240.410, 1240.610 and 1250.110 of the Code of Civil Procedure of the State of California, and Sections 37350.5 and 40404 of the California Government Code. WHEREAS, it is desirable and necessary for the Town to acquire the real property interest described herein. The purpose of acquiring the real property interest,namely the open space dedication is so that the Town can sell the land unencumbered to a third party and use the proceeds from the sale to purchase alternate property that will be used for open space purposes (the"Project"). As currently configured and located,the property encumbered by the dedication is not the ideal location for an open space use. Alternate property within the Town would best serve as open space property. WHEREAS,the property interest to be acquired is generally located at Story Hill Lane at Page Mill Road,Los Altos Hills, California(the "Subject Property Interest") and is more particularly described in Exhibit A and depicted on Exhibit B, which exhibits are incorporated by this reference. WHEREAS,the Subject Property Interest is to be acquired for a public use,namely for open space purposes. WHEREAS,pursuant to the provisions of Section 7267.2 of the Government Code of the State of California,the Town has made an offer to the owner(s) of Subject Property Interest for just compensation. WHEREAS,pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California,notice has been duly given to all persons whose property interest may be acquired by eminent domain and whose names and addresses appear on the last County of Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of the Town on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the 869607-1