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Real Property
Condemnation
Temporary Construction Easement

City and County of San Francisco, a municipal corp. v. Kenneth P. Mackin and Janice Mackin, husband and wife, as tenants in common; Pacific Gas & Electric Co., a California corp.; Fremont Bank, and Does 1 through 100, inclusive

Published: Apr. 30, 2011 | Result Date: Feb. 3, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RG10516566 Settlement –  $63,020

Court

Alameda Superior


Attorneys

Plaintiff

F. Gale Connor

Dennis J. Herrera
(San Francisco Public Utilities Commission)

Thomas S. Lakritz
(Office of the San Francisco City Attorney)

Clothilde V. Hewlett

Victoria Wong
(Office of the City Attorney)

Michael G. Thornton


Defendant

Michael H. Weed

Dennis G. Mesina


Facts

Kenneth and Janice Mackin owned an 84-acre parcel of property as tenants in common, which was located in Sunol, California. The City and County of San Francisco filed an action to condemn a temporary construction easement on a portion of the property, which was approximately 82,630 square feet, in order to build the New Irvington Tunnel Project. The City wanted to undertake the project to improve the regional water supply system. The City named the Mackins, Pacific Gas & Electric Co., and Fremont Bank as defendants in the action.

Result

The parties reached a settlement under which the City agreed to pay the Mackins $63,020 for a 24-month temporary construction easement with an option to extend for six months, and an initial three-week right of entry to drill test wells.


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