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City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.or
g
Sabrina Wolfson
1185 Jerome Way
Napa, CA 94558
Richard K. Jenny, Esq.
Jenny & Jenny, LLP
736 Ferry Street
Martinez, California 94553
NOTICE OF INTENTION
TO ADOPT
A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN KNOWN AS
ASSESSOR PARCEL
NUMBER
007
-
172
-
023
City of Napa
(
Trower Avenue
Widening)
Re:
Notice of Hearing Regarding Adoption of a Resolution
to Acquire Property by
Eminent Domain [California Code of Civil Procedure Section 1245.235]
1. Notice of Intent of the City of Napa to Adopt a Resolution of Necessity and Hearing
.
The City Council of the City of Napa (“City Council”) intends to hold a heari
ng
to consider whether a Resolution of Necessity should be adopted which, if adopted, will authorize the City of Napa (“City”) to acquire the real property described herein by eminent domain for the
Trower Avenue
Widening Project (“Project”)
. Attached
hereto as Exhibits “A” and “B” are the legal descriptions and plat maps depicting the property which is required for the Project. You are being sent this notice as your name appears on the last equalized Napa County
assessment roll for this property.
DATE OF HEARING:
October 17, 2023
TIME OF HEARING:
3:30 p.m.
PLACE
OF HEARING:
City Hall, located at 955 School Street
2. Notice of Your Right to Appear and Be Heard.
You have a right to
appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give consideration to your ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
testimony prior to deciding whether or not to adopt the proposed Re solution of
Necessity:
a.
W
he
ther the public interest and necessity require the Project;
b.
Whether 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.
W
hether the
interest in property sought
to
be acquired by
eminent
domain is necessary for the Project; and
d.
W
h
ether the offer required by Government Code section 7267.2 was made to the owner of record
.
The
statutes which authorize the City to acquire the property by
eminent domain
for the Project include, but not limited to, Article 1, Section 19 of the Constitution of the State of California, Sections 37350.5 of the Government Code and 101 02 of the Streets
and Highway Code, and Section 1230.010
et seq.
of the Code o
f Civil Procedure.
3. Failure to File a Written Request to be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard.
If you
desire to be heard, please be advised that you must file a written request with the City Cl
erk within fifteen (15) days after this notice was maile d. You must file
your request to be heard at: Office of the City Clerk
, 955 School Street, Napa, CA
94559. Should you elect to mail your request to the City Clerk, it must be actually received by the
City Clerk
for filing within fifteen (15) days after this notice was mailed.
The date of mailing appears at the end of this notice.
California
Code of Civil Procedure section
1245.235(b)(3) provides that “[f]ailure
to file a written request to appear an
d be heard within 15 days after the notice was
mailed will result in waiver
of
the right to appear and be heard” on the above matters
and issues which
are the subject of the hearing.
4. You Will Not Waive the Right to Claim Greater Compensation if You Do Not Appear at The Hearing.
The amount of the compensation to be paid for the
interest, if any, that you may have in the property related to the City’s proposed property acquisition is not
a matter or issue being heard by the City Council at this time. Your nonappearance at t
his noticed hearing will not prevent
you
from cl
aiming greater
compensation as determined by a court of law in accordance with the laws of the State of California. This
notice
is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property.
However, if you elect not to appear and be heard, you will be foreclosed from raising in
a court of law the issues which are the subject of this notice hearing and which are concerned with the right to take the property by eminent domain.
ATTACHMENT 2
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If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled.
CITY OF NAPA
By:
Tiffany C'arrahza, Napa City Clerk
Dated and mailed on:
CUy\
City Halt: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707)257-9500 | www.dtyofnapa.org ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
EXHIBIT A
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
EXHIBIT
B
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
ATTACHMENT 2
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October 17, 2023
City Hall: 955 School Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
9500
www.cityofnapa.org
ATTACHMENT 2
R2023-__
October 17, 2023