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HomeMy WebLinkAboutResolution - 3915Resolution No. 3915 Page 1 of 11 STATE OF CALIFORNIA ) RESOLUTION NO. 3915 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT ROADWAY EASEMENT IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, LOCATED AT THE SOUTHWEST CORNER OF NORTH VERNON AVENUE AND ARTESIA STREET, SAN JACINTO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 434-292- 017, IN RIVERSIDE COUNTY, CALIFORNIA, FOR THE FUTURE FULL-WIDTH WIDENING OF VERNON AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the City of San Jacinto (“City”) proposes to acquire a permanent roadway easement interest in a portion of real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 434-292-017, for the future full-width widening of Vernon Avenue in Riverside, California, pursuant to the authority granted to it by section 37350.5 of the California Government Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for May 17, 2022, at 6:30 p.m., at the City of San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California, 92583, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City, and the affected property owners were afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 2 of 11 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the permanent roadway easement interest in a portion of the certain real property to be acquired is for future full-width widening of Vernon Avenue in Riverside, California. Section 37350.5 of the California Government Code authorizes the City to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, and legal description, respectively, of the interest to be acquired by the City, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: a) The public interest and necessity require the proposed project; b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c) The properties defined, described, and depicted in Exhibit “A” are necessary for the proposed project; and d) The offers required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 3 of 11 continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the herein described property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 4 of 11 and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 17th day of May, 2022. AYES: Ledezma, Hawkins, Heath, Ruiz NAYS: None ABSENT: Ayala ABSTAIN: None CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 5 of 11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3915 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 17th day of May 2022: AYES: Ledezma, Hawkins, Heath, Ruiz NAYS: None ABSENT: Ayala ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May 2022. _____________________________ Julia Espinoza, City Clerk DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 6 of 11 EXHIBIT A DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 7 of 11 Legal Definition The following is the definition of legal rights to be acquired by the City of San Jacinto: “Permanent Roadway Easement” refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City, and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure, or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of the City, its successors and assigns. The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under, or over the easement without the prior written consent of the City, its successors, and assigns. The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of th e City. Property Owner shall not cause, directly, indirectly, or negligently, any interference with or harm to the rights conveyed hereunder. DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 8 of 11 DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 9 of 11 DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 10 of 11 DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE Resolution No. 3915 Page 11 of 11 DocuSign Envelope ID: 71C2DB54-6434-4917-931D-9FDB693E78AE