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HomeMy WebLinkAbout1079 •e ® • RESOLUTION NO. 1079 RESOLUTION DECLARING INTENT TO ADOPT ONE OR MORE RESOLUTIONS OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE IMPROVEMENT OF EAST BRANCH OF BARRON CREEK PROJECT; THAT THE PROJECT IS PLANNED AND LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND THE LEAST PRIVATE INJURY; AND THAT THE PROPERTY SOUGHT TO BE ACQUIRED IS NECESSARY FOR SAID PROJECT, AND SETTING THE TIME AND PLACE OF A HEARING AT WHICH PERSONS WHOSE PROPERTY. MAY BE ACQUIRED BY EMINENT DOMAIN MAY APPEAR AND BE HEARD WITH RESPECT TO THE MATTERS TO BE DETERMINED RESOLVED, by the City Council of the City of the Town of Los Altos Hills , County of Santa Clara, State of California, that, WHEREAS, the City Council of the City of the Town of Los Altos Hills has heretofore entered into an Agreement providing for the improvement of the East Branch. of Barron Creek within the City of the Town of Los Altos Hills herein referred to as the "Project" ; and WHEREAS, in order to construct the Project it is necessary to acquire property; and WHEREAS , the City Council may exercise the power of eminent domain to acquire any such property only if the City Council deter- mines that the public interest and necessity require the Project; that the Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and that the propertysought to be acquired is necessary for the Project; and, WHEREAS , the City Council desires to provide reasonable oppor- tunity for all persons whose property may be acquired by the exercise a,.. • • J ' of the power of eminent domain to respect appear and be heard with res p p to the aforesaid matters to be determined prior to the adoption of any resolutions of "necessity; and NOW, THEREFORE, BE IT ORDERED by the City Council of the City of the Town of Los Altos Hills, as follows:.. 1. The City Councilintends to adopt one or more resolutions of necessity with respect to property within the area of the Pro- ject. Such resolution orresolutions will pertain to specific property yet to be determined and will be adopted attimes on or . after October 24, 1977, yet to be determined. Each such resolution adopted will determine the following matters : that the public interest and necessity require the Project; that the Project is planned and located in a manner that will be most compatible with the greated publicgood and the least private injury; and that the property sought to be acquired is necessary for said Project. 2. Monday, October 24, 1977, at 5: 00 o 'clock p.m. , in the Council Chambers, Town. Hall, 26379 Fremont Road, Los Altos Hills, California, is hereby set as the time and place atwhich a hearing will be held onall of the matters set forth in Section 1of this Resolution. Any person whose property is in the area of the Project and may be acquired by eminent domain, andwhose name and address appear on the last equalized county assessment roll, may 'appear. at said hearing and be heard on all of the mattersreferred to in Section 1 of this. ReSolu ion. However, failure' to appear at the hearing will result in waiver of the right to appear and be heard with respect to the matters set forth in Section 1 of this Resolution. -2 1 4 3. Notice of such hearing shall be given by mailing a copy of this Resolution, and such other material as the City Clerk of the City of the Town of Los Altos Hills shall deem appropriate, if any, by first class mail to each person whose property is in the area of the Project and may be acquired by eminent domain, and whose name and address appear on the last equalized county assess- ment roll. Such notice shallbe mailed on Thursday, October 6 , 1977, and the City Clerk of the City is hereby authorized and directed to so mail said notices . 4 . This Resolution shall take effect immediately upon its adoption. REGULARLY passed and adopted this 5th day of October, 1977 . S - Mayor Pro Tempore ATTEST: City Clerk -3-