STONERIDGE II - Laserfiche WebLink

M Ask (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. (If an offer has not been made an appraisal will be prepared as soon as practicable and an offer made of the full amount of such appraisal) . By granting this right of entry to the City of Pleasanton, we hereby waive our right to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, as quoted above. We agree that the City can establish the truth of the above-quoted matters, and we will not contest the adoption of a resolution of necessity by the Pleasanton City Council. Therefore, because Section 1245.250 of the Code of Civil Procedure states that the adoption of a resolution of necessity by the Pleasanton City Council conclusively establishes the matters quoted above, it is understood that the issues which will be determined in any subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the property covered by this agreement and no issues will be raised therein or in preliminary proceedings thereto challenging the public use or necessity of the project, or the utilization therefor of the property covered by this right of entry. It is agreed and confirmed by the parties hereto that the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on dupe 7 , /y'SR It is understood that the City of Pleasanton will pay prejudgment interest on the just compensation paid at the legal rate from the date of possession by the City of Pleasanton. or I1`7a, wk,#Aeve-f rs jfea-r, Sincerely, ) RECOMMENDED FOR APPROVAL: ACCEPTED: BY CITY OF PLEASANTON Right f Way Agent By By