HomeMy WebLinkAboutResolution - 3915Resolution No. 3915
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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:
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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
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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
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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
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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
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EXHIBIT A
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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.
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