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RESOLUTION NO. 2025-091
RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF CORONA FOR THE ACQUISITION, BY EMINENT
DOMAIN, OF A FEE INTEREST IN A PORTION OF CERTAIN
REAL PROPERTY LOCATED AT 3298 SKYLINE DRIVE, IN THE
CITY OF CORONA, RIVERSIDE, COUNTY, CALIFORNIA 92882
AND MORE PARTICULARLY DESCRIBED AS ASSESSOR
PARCEL NO. 112-320-019 FOR THE CONTINUED USE OF
SKYLINE DRIVE AS WELL AS FOR CONTINUED BICYCLE AND
PEDESTRIAN PUBLIC ACCESS TO THE SKYLINE TRAIL
WHEREAS, the City of Corona (“City”) proposes to acquire a fee interest in a portion of certain real property located at 3298 Skyline Drive, in the City of Corona, Riverside County, California, 92882, more particularly identified as Assessor Parcel No. 112-320-019 for the continued use of Skyline Drive, which has been a continuing vehicular, bicycle and pedestrian public right-of-way for many decades, as well as for continued bicycle and pedestrian public access to the Skyline Trail, which has been used for many decades as well, in the City of Corona, Riverside County, California (“Project”), pursuant to the authority granted to it by Sections 37350.5 of the California Government Code and sections 1240.010, 1240.020 and 1240.030 of the California Code of Civil Procedure; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for August 6, 2025 at 6:00 p.m., at the Corona City Hall, located at 400 South Vicentia Avenue, Corona, California, and gave to each person whose property is to be acquired and whose name and address appears 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 each person whose property is to be acquired by eminent domain was afforded the 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORONA, CALIFORNIA, 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.
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SECTION 2. Public Use. The public use for which the real property interest is to be acquired is for public right-of-way purposes and the continued use of Skyline Drive, which has been a continuing vehicular, bicycle and pedestrian public right-of-way for many decades, as well as for continued bicycle and pedestrian public access to the Skyline Trail, which has been used for many decades as well, in the City of Corona, 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.
SECTION 3. Description of Property. Attached and marked as Exhibit “A” are the legal definition, legal description and depiction of the real property to be acquired by the City, which describes the general location and extent 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 fee interest described in Exhibit “A” is necessary for the proposed Project;
(d) The offer 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 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 easement interest subject to such existing public uses 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 uses 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 JAMIER\16000.20004\10313233.1
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 take any steps necessary to legally reduce the extent of the interests or property to be acquired where necessary and as requested by the City.
SECTION 8. Effective Date. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect and be in force on the date of its adoption.
PASSED, APPROVED AND ADOPTED this 6th day August, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
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CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 6th day of August, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 6th day of August, 2025.
City Clerk of the City of Corona
(SEAL)
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EXHIBIT “A”
LEGAL DEFINITION, LEGAL DESCRIPTION AND DEPICTION OF
PROPERTY TO BE ACQUIRED
[SEE ATTACHED THREE (3) PAGES]
EXHIBIT A
LEGAL DEFINITION
City of Corona
Skyline Trail Project
As to Assessor Parcel Number 112-320-019
“Fee,” also known as fee simple or fee simple absolute, grants to the City of Corona absolute ownership in the property to be acquired.
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EXHIBIT “A”
LEGAL DESCRIPTION OF SUBJECT PROPERTY
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EXHIBIT “B”
DEPICTION OF SUBJECT PROPERTY