HomeMy WebLinkAboutResolution No. 4094 - Resolution of NecessityResolution No. 4094
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STATE OF CALIFORNIA ) RESOLUTION NO. 4094
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO TO ACQUIRE BY EMINENT DOMAIN
PERMANENT ROAD EASEMENT INTERESTS IN PORTIONS OF
CERTAIN REAL PROPERTY FOR THE SAN JACINTO STREET
(AVENUE) SAFETY IMPROVEMENT PROJECT, IN THE CITY OF
SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, the City of San Jacinto (the "City") proposes to acquire, by eminent
domain, permanent road easement interests in portions of certain real property located in the
City of San Jacinto, more particularly described as Assessor Parcel Numbers 439-120-047,
439-130-002, 439-130-003, 439-140-007, 439-140-008, 439-140-009, 439-140-010, 439-
170-014, 439-170-015, and 439-170-022, for the San Jacinto Street (Avenue) Safety
Improvement Project in the City of San Jacinto, Riverside County, 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 Tuesday, September 2, 2025, at 6:30
p.m. at the City of San Jacinto Community Center, located at 625 S. Pico Avenue, San
Jacinto, California and gave 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 was held by the City and each person whose property is
to be acquired by eminent domain was 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:
SECTION 1. Compliance with California Code of Civil Procedure and
California Environmental Quality Act. There has been compliance by the City with the
requirements of Section 1245.235 of the California Code of Civil Procedure and the
California Environmental Quality Act.
SECTION 2. Public Use. The public uses for which the real property interests
are to be acquired are for the San Jacinto Street (Avenue) Safety Improvement Project in
the City of San Jacinto, Riverside County, California. Section 37350.5 of the California
Government Code, authorizes the City to acquire by eminent domain real property
necessary for such purposes.
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Resolution No. 4094
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SECTION 3. Description of Property. Attached and marked as Exhibits “1”
through “9” are the legal definition, legal descriptions and depictions of the interests to be
acquired by the City, which describes the general location and exte nt of the property to
be acquired 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 Exhibits "1 through 9” are
necessary for the proposed project;
(d) The offers required by Section 7267.2 of the California Government Code
were made.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:
Some or all of the real property to be acquired may be 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
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 permanent road easement
interests 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 to be
acquired may be 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 real property appropriated to such existing public use(s) pursuant to Section
1240.610 of the California Code of Civil Procedure. Staff is further authorized to make
such improvements to the real property being acquired that it determines is reasonably
necessary to mitigate any adverse impact upon the existing public use.
SECTION 7. Further Activities. Counsel for the City is hereby authorized to file
legal proceedings necessary 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 p roceedings 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
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Resolution No. 4094
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necessary for the conduct of the condemnation action or other proceedings or transaction
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 and operation for the project for which the real property is being acquired.
SECTION 8. Effective Date. This Resolution shall take effect upon adoption.
The City Clerk of the City of San Jacinto shall certify as to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of September 2025, by the following
vote:
AYES: Sanchez, Ledezma, Ayala, Ruiz, Vandever
NAYS: None
ABSTAIN: None
ABSENT: None
CITY OF SAN JACINTO:
________________________
Valerie Vandever, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
_________________________
Craig Hayes, 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. 4094 was passed, approved, and adopted at the Regular
Meeting of the San Jacinto City Council held on the 2nd day of September 2025, by the
following vote:
AYES: Sanchez, Ledezma, Ayala, Ruiz, Vandever
NAYS: None
ABSTAIN: None
ABSENT: None
WITNESS MY HAND AND OFFICIAL SEAL this 2nd day of September 2025
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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