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1 2. Plaintiff seeks to acquire by eminent domain that certain <br />2 real property described in Exhibit A attached hereto and incorporated <br />3 herein by reference, hereinafter referred to as "the Property", in <br />4 the County of San Joaquin, State of California. Plaintiff seeks to <br />5 acquire all right, title, and interest of any and all private persons <br />6 who are owners or who claim an interest in the Property. <br />7 3. The State of California has and claims easements on the <br />8 Property for the purposes of flood control, excavation, and <br />9 enlargement of a creek channel on the Property, and right-of-way for <br />10 access to public roadways. The interests of the State of California <br />11 are consistent with the project for which the Property and property <br />12 interests are being acquired, therefore such interests are not being <br />13 condemned in these proceedings. <br />14 4. Plaintiff is authorized by the provisions of the California <br />15 law, Government Code sections 37350.5 and 38790 and title 7 of part <br />16 111 of the Code of Civil Procedure (§ 1230.010 et seq.) to acquire by <br />17 eminent domain any property necessary to carry out the powers of a <br />18 public agency, including: <br />19 a. Providing solid waste disposal services to the <br />20 community (Gov. Code § 37350.5); and <br />21 b. Providing a solid waste disposal facility within or <br />22 without the territory of the City of Stockton (Gov. Code S 38790 and <br />23 Pub. Res. Code S 40057). <br />24 5. The project for the Property and property interests being <br />25 acquired is the construction of a landfill/solid waste disposal <br />26 facility, the Austin Road Landfill Extension Project. <br />27 6. A diagram portraying the Property and showing the location <br />28 FBS&D:RJD:VG:01/03/96 2 <br />