HomeMy WebLinkAboutResolutions - No. 2014-141RESOLUTION NO. 2014-141
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 Owners: Gary and Joyce Tsutsumi 2011 Trust and Diane Y. Tsutsumi
A Portion of APN: 058-130-24
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. 058-130-24; 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 easements are 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
owners 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 Gary Tsutsumi on behalf of
the property owners; 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.
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. 2014-141 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
11. -
Wo
0 - r —ROBISON
City Clerk
2014-141
Exhibit "A"
Legal Description
323 W Elm 8. rpt
BAU-MBACH & PIAZZA.j INC. LdZer"�62"."n-
Ph"a (M) 3W4616
CIVIL ENGINEERS -LAND SURVEYORS Fax jMi *O -WO
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Exhi bit 'A'
A portion of the Nortfnvgst quarter of Sedtion 24, Township. 3 North, Rainge 6 East, Mount Diablo
Base and Meridian, being more particularly described as follows:
Commenting at. the northeast corner of the northwest quatter of Section 24, Tow-nship 3 North.
Range 6 East, Mount. Diallo Base and Meridian as shown on p..ecoj-d of Suivey, filed in Book 7 of
Surveys at Page 308, San Joaquin County Records, thence along the: north rine of said Section
2.4, South 5702400' West, 210.00 feet, thence South. Ooo5 j'00?' East, 25.0 1 feet to the South
Eine of Harney Lane, and the: True point of Beg!". Southline, ing; thence continue along said;
South 87024V'a!' West -858,-52. feet to the Easterly firte of the Unipn Pacific Railt-Oad (400 foot
wide per Congressional Grant), thence along said Easterly line, South 03ooB4O01 %!r est 157.27
feet; thence North a5O2343' -fast 272-90 feet; thence North 77011'34East, 377,73 feet,
thence North 7804444' East, 106.99 feet, thence North 83027'45' East, 78.23 feet; thence
North 89c'0'9'00' East, 44.13 feet to the east fine of that property described in San loaquin
County Recorder's Docurne.rit No. 2009-051326; thence North 00,,511oo' West along said east.
fine, 55.91 feet to the Tive. Point of Beginning.
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EXHIBIT C
Legal Description
323 W. Elm 6trvvt
BAUBCH PIAZ A.,p
INC. 4od1,CA05240;200Z
P"", Imt 36a:661a-
CIVIL ENGINEERS • LAND SURVEYORS It.09i 366.6640
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Exhibit "A"
Temporary Construction Easement *1
A portion of the north -.rest Quarter of Section 24, Township 3 North,
Ease and Meridian, being more: Particulatly described as follows:
Commencing at the northeast corner of the northwest quarter of Section: 24, Tovanship 3 North,
Range 6 East, Mount Diablo Base and Mer%dian as shown on Record of Su+vey, filed in Book 7 of
Surveys at Page 308, Sart Joaquin County Records; thence along the north: fine of said Section
24, South 87024'00" West, 210.00 feet.; thence South 00051'00" East, 84.92 feet to the True
Point of Beginning, thence South- &'3'D09`o0" West, 5.0.0 feet: thence South 00,15.1'000" East,
142.34 feet; thence North • 87024'00' East, 5.00 feet,, thence North 0(x'51`00' West 142.19 feet
to the True. Point of 'Beginning.
Terrrpovary Con,stnrction. Easement #2
A portion of the Northwest Quarter of Section 24, Township 3 north, Range 6 East, Mount Diablo
Base and Keridian, beim more particularly described- as follows:
Commencing at the northeast corner of the northwest rivarter, of Section 24, Trnrnsh:ip 3 North,
Range 6 East, Mount Diablo Base and Meridian ass shown on Re -Ord of Survey, filed in Book 7 of
Surveys at Page 308, San Joaquin County Records,. thence along: the north lime of said Section
24, South 871,24'00' West, 210.00 feet, thence South 00051'00 East, 84..92 feet; thence Soutar
85-009'00" West, 44.13: feet; thence South 83°27`45" Wren 78..23 feet; thence South 7804444"
West, 2.60 feet to the True Point of Beginning; thence South 7804444" West, 104,39 feet;
thence South 77011'34" West, 377.73 feet, thence South 85°23148 wrest, 27Z. 90 feet; thence
South 03008'0d" West, 20.18 feet; thence North 8502348" East, 2.77.05 feet; thence North
77011'34" East, 373.89 feet, thence North 7804444" East, 101.12 feet; thence Noith 02043'5W'
West, 20.22 feet to the True Point of Beginning,
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