HomeMy WebLinkAboutResolutions - No. 2014-140RESOLUTION NO. 2014-140
A RESOLUTION OF THE LODI CITY COUNCIL
DECLARING THE PUBLIC NECESSITY FOR AND AUTHORIZING THE INITIATION OF
EMINENT DOMAIN PROCEEDINGS TO SECURE REAL PROPERTY INTERESTS
NECESSARY TO CONSTRUCT
THE HARNEY LANE GRADE SEPARATION PROJECT
[CODE CIV. PROC. §§ 1245.220, 1245.230]
Property Owner: F&L Costa Family L.P.
A Portion of APN: 058-110-47
WHEREAS, the City of Lodi ("City") is a public agency of the State of California and is
authorized to exercise the power of eminent domain; and
WHEREAS, the California Constitution and Code of Civil Procedure §§ 1230.010 et seq.
authorize the City to acquire property interests for public purposes by eminent domain
procedures; and
WHEREAS, the City intends to construct the Harney Lane Grade Separation Project to
improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks
between South Stockton Street and South Hutchins Street in Lodi (the "Project"); and
WHEREAS, the main objectives of the Project include: (i) eliminating the current level of
service deficiencies at the Harney Lane/UPRR at -grade crossing; (ii) improving response times
for emergency vehicles; (iii) correcting existing and anticipated future traffic operational
deficiencies; (iv) reducing in vehicle emissions associated with vehicles idling at the grade
crossing; (v) accommodating increased traffic demand generated by approved and planned
growth in the City and the surrounding areas, consistent with the City's General Plan; and (vi)
increasing vehicular and pedestrian safety at the Harney Lane/UPRR at -grade crossing; and
WHEREAS, in order to complete the Project, it will be necessary for the City to acquire
certain interests in real property, including permanent right-of-way easements and temporary
construction easements in real property identified as a portion of Assessor's Parcel
No. 058-110-47; and
WHEREAS, the permanent right-of-way easement is described in Exhibit "A" and
depicted on Exhibit "B" attached hereto and incorporated herein by reference and the temporary
construction easement is described in Exhibit "C" and depicted on Exhibit "D" attached hereto
and incorporated herein by reference (collectively "Property"); and
WHEREAS, the Property is located entirely within the boundaries of the City; and
WHEREAS, to the extent that the Property is already appropriated to a public use, the
use of the Property for Project purposes constitutes a more necessary public use pursuant to
Code of Civil Procedure § 1240.610, et seq.
WHEREAS, the City has investigated and examined the alternatives to the Project and
the acquisition of the Property, and concluded that both the Project and the acquisition of the
Property for the Project are necessary; and
WHEREAS, the City has complied with the requirements of the California Environmental
Quality Act, Public Resources Code Section 21000, et seq., in regards to the acquisition of the
Property; and
WHEREAS, the City has complied with requirements of the Government Code Section
7267.2, in regards to acquisition of the Property by making an offer to purchase to the known
owner of record; and
WHEREAS, the City finds and determines that Notice of its Intention to Adopt this
Resolution of Necessity was duly given as required by Code of Civil Procedure § 1245.235 on
or about July 14, 2014; and
WHEREAS, the Notice of Hearing advised the owners of record of their right to be heard
on the matters referred to therein on August 6, 2014, at the Lodi City Council meeting; and
WHEREAS, a written request to appear was received from F&L Costa Family, L.P.; and
WHEREAS, the hearing set out in the Notice of Intent to Adopt Resolution of Necessity
was held on August 6, 2014, as required by the Code of Civil Procedure § 1245.235, at the time
and place stated therein, all interested parties were given an opportunity to be heard, and the
City did hear and consider all of the evidence presented.
NOW, THEREFORE, based on the evidence presented,
BE IT FOUND, DETERMINED, AND RESOLVED by at least a two-thirds vote of all of
the members of the Lodi City Council under Code of Civil Procedure §§ 1240.030 and
1245.230, that the City finds and determines each of the following:
1. The recitals contained herein are true and correct;
2. Upon the examination of the alternatives, the permanent and temporary easement
interests in the Property, as described and depicted in Exhibits A, B, C and D, are
required to be taken by the City for and in conjunction with the Project;
3. The City is authorized to acquire the Property pursuant to the provisions of
Government Code §§ 37350.5, 37353, 40401 and 40404, and the provisions of
Eminent Domain Law comprising Title 7, Part 3 of the Code of Civil Procedure
(commencing with § 1230.010), including § 1240.410, et seq.;
4. Acquisition of the Property for and in conjunction with the Project promotes public
safety and the general welfare, is authorized by Government Code §§ 37350.5,
37353, 40401 and 40404, and is therefore a public use;
5. Based upon the evidence presented, the Lodi City Council hereby finds, determines,
declares and resolves each of the following:
A. The public interest and necessity require the proposed Project;
B. The proposed Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; and
C. The Property interests sought to be acquired as described and depicted in
Exhibits A, B, C and D are necessary for the proposed Project.
2
D. The offer required by Government Code § 7267.2, together with the
accompanying statement and summary of the basis for the amount established
as just compensation, was made to all known and determined owner(s) of record.
E. All conditions and statutory requirements necessary to exercise the power of
eminent domain to acquire the Property have been complied with by the City.
BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized and directed
to disburse all funds and make any and all deposits to obtain possession of and title to the
Property, including but not limited to the deposit of the probable amount of compensation based
on an appraisal pursuant to Code of Civil Procedure §§ 1255.010, et seq., with the California
State Treasurer's Office; and
BE IT FURTHER RESOLVED that the City Attorney and the law firm of Kronick,
Moskovitz, Tiedemann & Girard, a Professional Corporation ("KMTG"), are hereby authorized
and directed to prepare, commence, and prosecute proceedings in eminent domain in the
appropriate court to acquire the Property described in Exhibits A and C and depicted on Exhibits
B and D. The City Attorney and KMTG are hereby further authorized and directed to obtain
orders for immediate possession of the Property as may be required for the proposed Project.
Dated: August 6, 2014
I hereby certify that Resolution No. 2014-140 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 6, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RA M . _ rlvi�
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E 11
ty Clerk
2014-140
Exhibit "A"
Legal Description
Ohane CZ091 34;8•660
VEL ENGINEERS • LAND SURVEYORS iraz (2091 388.6818
www bpenglneers.net
Exhibit "A"
A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo
Baste and Meridian, tieing more particularly described as fallouts:
Beg-innina at a point 5.4,00 feet. Southerly and 50.:40 feet Easte:rfy of the northwest corner of
Section 24, Townsbip 3 North, Range 6 East, hUount Diablo Base and Meridian, said point being
the Southvrest corner of the Street Easernent Deed described in San joaquin County Recorder's
Instrument No. 98150867; thence along the south line of said Street Easement Deed, North
83000'59" East; 1135.77' to the West rine of the 400 foot Congressional right -Of -`By of the
Central Pacific Railway Company; thenoe Southerly on a course South 3c,44'59-" west and at -Ong
said West line of right-oF-way, 127,97 feet; thence. North 69040'16" West, 108'.55 feet; thence
North 86004':59'° West, 2'47.73feet; thence South 89059`43' West, 212.17 feet; thence North
86004159" vt(est, 127.66 feet; thence North, 11.89 f;aest; thence North 381*34'26" West, 65,74
feet; thence North 44037`08:" West, 48.8.6 feet; thence. North 890»5 40" West, 312.27 feet;
thence South 45018`20" West, 26.82 feet to the East line of Hutchins Street; thence Northerly
on a course North 0"13`20" west, 27.70 feet along said East line to the True point of Beginning.
S:rBrajccts'3d.i.1k1d62�idoc4Gac� DedraPnr,.dec
EXHIBIT C
Legal Description
SAUMII&OH & PIAZZA, 040-U24t-2011-
0=W14044-.0*0
CIV[,L ENGINEERS#LAND SURVEYORS Fkk- [MI S6.4-66for
veww.b00e10LjTiw,.g,n0t
Exhibit "A'
A pbrition cif the North'tye.StL Q_Utrt6r of Section 24, TownshrD 3 iklorth, Range 6 F&st, Mount Diablo
M 'ke 'd 65 0110'
q 8;.ftd Marldlari, Wing mory 041tcuMirly & -ibe
tedt S0(jttj((rlV 0
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Instrument NO, 50,u"rly rin. a (OvrsP. Souti, aaq$12.0f' vi.je.5t,. 27.715 ket
n Poe a-lo(v sold
MON the &)St line Of ftt.0105 51n*� to the True 901(st. of ftgi ning; uyet e. C Qvit
East Itne, South: 001118120' e4ast, 1,5,72 f ; tlienpe rqo.,qh East:,.5.34r-et; thence
Nnrlh: 45°1 'x6"task, 11 .51 feet; thence Soutb 8VOTW tBsti 29"2 feet; thence South
4140-37"Or East, 48 7'S feet; thence 50kir-li 8.81,344'26' East, 53. t6 feet; M-efvm SQutfi, 10:97 feet;
thence South SOPO4'59" East; 145;96 feet; thenm8905T4.3' "East, 2 i2,17feet thence
0 7, 9 2 fee to 9w WeSt fin 02- Of
S&jtfi g600g%ff Eas�-, 747,67 feet,, thence Sauth 890401161' East, 1 -
'fit R"01wity Go wany, theme
the; 400 foot. CoAgresm"' P MIIVO-WaV of the (Antral Pau . . )tie
N10ftKerly on a course Wvth 3:044'59" Mst and along.�pid WCst I'Ae Of night,of-VOY, 22.04 feet;
Chem NaM 8940'W WeSL 1:08,55 feer, tK.encLo 96r.th. 86n4!59' Nytq, 247,73 Fft4 themes.
0*59A.3" W—ftt, W. !-eat: did.n., - North
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