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Agenda Item

3.1 20-0517 Subject: The Piedmont Homeowners Association Of 70 Yosemite Avenue From: President Pro Tempore Kalb Recommendation: Conduct A Public Hearing And Upon Conclusion A Resolution Of Necessity For The Acquisition, By Eminent Domain, Of A Temporary Right Of Entry To The Property Located At 58 Yosemite Avenue, Oakland, California, Pursuant To California Civil Code Section 1002 And Code Of Civil Procedure Sections 1245.326 Et Seq., By The Piedmont Walk Homeowners Association Of 70 Yosemite Avenue, Oakland, To Complete Necessary Repair Work

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    Dennis Eagan over 3 years ago

    Earlier today, the Piedmont Walk Homeowners Association sent an email to all council members showing the water damage to our building at 70 Yosemite Avenue. We have four balconies that are shored up and five balconies that are unsafe for our residents to use. And all but five of our building’s 22 woodframe balconies are damaged by water intrusion. In 2014, after negotiating a license for access, we repaired similar water damage at the uphill end of the building. We expect that we’ll find similar damage once we are able to test the downhill end of the building.
    We have attempted to obtain an access license from the downhill neighbor, but that effort has been uniformly unsuccessful. We said we would pay compensation. We said we would indemnify them for any damages to their property. Over a six-year period, we made eight separate written overtures. In response, we have gotten only flat rejections.
    Normally neighbors are able to resolve issues like this on their own. But we’ve run out of options. Our only choice is to come before the City Council and seek its permission to file an action in court, in which the court will decide whether we’re entitled to access and what we should pay for that access.
    We think there is ample justification for the requested resolution, and we respectfully request that it be issued, so that we may seek relief in court.

    Dennis Eagan
    Vice President
    Piedmont Walk Homeowners Association