FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #1
MEETING DATE July 16, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Kristin Arnold, Public Works Director
Heather Abrams, Town Manager
SUBJECT Adoption of Two Resolutions of Necessity for the Acquisition of the Entirety of the Larger Parcel Reversionary Rights More Particularly Described as (1) a Portion of Meadow Way, East of the San Anselmo Creek Bridge and North Adjacent to 6 Meadow Way, and (2) a Portion of Meadow Way, San Anselmo Creek Bridge to Cascade Drive
RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony given; Close the public hearing and make the following findings:
• The public interest and necessity require the proposed project; • The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
• The real property to be acquired is necessary for the project; • The offer of just compensation was made, or the offer has not been made because the owner cannot be located with reasonable diligence; and
Motion to adopt a Resolution for the Acquisition of the Entirety of the Larger Parcel Reversionary Rights of Certain Real Property, by Eminent Domain, More Particularly Described as a Portion of Meadow Way, East of the San Anselmo Creek Bridge and North Adjacent to 6 Meadow Way, Fairfax, California, in Marin County, California (“Hollister Property”), as further identified in Exhibit A attached to this Resolution, a copy of which is attached hereto as Attachment A and incorporated herein by this reference;
Motion to adopt a Resolution for the Acquisition of the Entirety of the Larger Parcel Reversionary Rights of Certain Real Property, by Eminent Domain, More Particularly Described as A Portion of Meadow Way, San Anselmo Creek Bridge to Cascade Drive, Fairfax, California, in Marin County, California (“Cascade Land Property”), as further identified in Exhibit A attached this Resolution, a copy of which is attached hereto as Attachment B and incorporated herein by this reference; and Motion to approve staff’s recommendation as presented.
BACKGROUND/ANALYSIS
The Town Council is being asked to consider the adoption of two Resolutions of Necessity (RON) for the interests in the Hollister Property and the Cascade Land Property herein described. These interests 2 are required for the Town of Fairfax’s Meadow Way Bridge Replacement Project.
On Meadow Way in Fairfax, a wooden bridge built in the 1950s, spans San Anselmo Creek, serving as the sole access point for residents living beyond it. The bridge crosses the creek at a bend, and due to the soil type combined with heavy winter flows in the creek, the soil around the bridge abutments and piles has eroded significantly. Additionally, the bridge is structurally deficient, has poor deck conditions, functional limitations, and insufficient lane and sidewalk widths. There are also fire risk concerns, as residents could become trapped if a wildfire occurs. Given these issues, the bridge has reached the end of its useful life and requires full replacement.
Since 2013, the Town has contracted with a structural engineering firm, originally known as California Infrastructure Consultancy (CIC) which is now MGE Engineering, to provide design and construction drawing packages, project management, community outreach, environmental services, right-of-way (ROW) coordination, permit acquisition, and utility coordination. The ROW phase is underway, with offers being presented to property owners whose land will be directly impacted by the project.
Simultaneously, design, permitting, and utility coordination are progressing, with the plan to publicly bid the project in November 2025.
DISCUSSION
Throughout the design phase of the Meadow Way Bridge project, numerous studies were conducted to determine ownership of the road and surrounding properties that are impacted by the project. Land surveyors carried out boundary surveys, researched the chain of title, and thoroughly examined archival and historic records. These records revealed that the stretch of Meadow Way from Cascade Drive to the three-way intersection is situated on two privately owned parcels, one owned by the Cascade Land Company and the other by George Hollister, and that the titles for these properties were never transferred to the Town when the land was subdivided over a century ago (see Figure 1 below for an illustration of these two properties).
3 Figure 1 – Cascade and Hollister Properties*
*This image shows a visual representation of the area and does not represent the actual property lines. Detailed maps with the exact parcel lines are shown in Attachments A and B.
Regardless of how long the Town has maintained Meadow Way Road, the federal aid program will only certify the project if the local agency owns the right-of-way (ROW). The chain of title research indicated that there were no known heirs for the two parcels, so it was determined that they would need to be condemned through the eminent domain process. However, a recent skip trace conducted by Bosco Legal Services found a few distant relatives, such as great-great-grandchildren of George Hollister, the great grandson of Charles G. Gebhart, President of the Cascade Land Company, and the granddaughter of Carl Victor Klinker, Secretary of the Cascade Land Company. The Town is communicating with these distant relatives in the hopes they are able to provide the Town with additional title records to legally prove, for chain of title purposes, that they have the legal rights to the hereinabove described Hollister Property and Cascade Land Property interests such that they can be legally conveyed to the Town.
However, so as to not delay project certification while these ongoing discussions with the potential heirs are taking place, staff is recommending proceeding with the proposed eminent domain action for these two right-of-way interests. Doing so does not preclude the Town’s ability to acquire the Hollister Property and the Cascade Land Property interests in the event the heirs are able to sufficiently demonstrate legal rights to the aforementioned property interests such that they would be able to convey those rights to the Town.
The eminent domain process requires appraisals, which were completed in July 20, 2023 for the Hollister Property and the Cascade Land Property. These parcels of land are flat and make up the 4 surface of the street. The Town obtained the appraisals for the Hollister Property and the Cascade Land Property from David C. Houghton, MAI of Bender Rosenthal, Incorporated. The total appraisal value for the two properties combined is $2,000, and offers of just compensation by the Town for the full appraised value ($1,000 each for the Hollister Property and the Cascade Land Property) were made pursuant to Government Code section 7267.2 to Dustin Alexander Plant and Dustin Mathew Plant (the great-great-grandchildren of George Hollister), Richard Moffitt (great-grandson of Charles Gebhart, President of the Cascade Land Company), and Victoria George Vick (granddaughter of Carl Victor Klinker, Secretary of the Cascade Land Company).
In the event these heirs are unable to demonstrate the legal right to the Hollister Property and the Cascade Land Property interests, the Town notes that the offer has not been made to the owner or owners of record because the owner cannot be located with reasonable diligence.
The power of eminent domain is used by the Town only as a last resort to obtain interests necessary for projects after (1) negotiations have stalled, (2) the owner has requested that the Town proceed directly to eminent domain for tax or other advantages, or (3) the eminent domain process is necessary to clear the title to the property. In this case, offers of just compensation have been made to the potential owners for the full Fair Market Value as determined by the appraisals. Town staff/counsel have tried to negotiate a voluntary acquisition in good faith and will continue to do so throughout the process. California’s definition of Fair Market Value is one of the most inclusive definitions in the United States and requires the appraiser to consider the highest and best use of the property and the appraiser to consider the highest price a willing buyer and seller would agree upon. The Town’s appraisals must use this definition of Fair Market Value.
California eminent domain law provides that a public entity may not commence the eminent domain proceedings until its governing body has adopted a Resolution of Necessity, which may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
1. Whether the public interest and necessity require the proposed project;
2. Whether the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3. Whether the real property to be acquired is necessary for the project; and
4. Whether the offers of just compensation have been made to the property owner, or the offer has not been made because the owner cannot be located with reasonable diligence.
Since an agreement has not been reached with the record owner of the Hollister Property and the Cascade Land Property interests and there are title issues as described herein, acquisition by eminent domain is the Town’s last option. The initiation of the eminent domain process is accomplished by the Town’s adoption of the resolutions of necessity for the affected property.
The record owner must be afforded an opportunity to appear at the hearing and lodge objections.
Notices of this hearing were sent by first class and overnight mail on July 1, 2025 to each potential 5 heir/record owner in accordance with Code of Civil Procedure section 1245.235. True and correct copies of the Notices of Resolution of Necessity Hearing for the Hollister Property and the Cascade Land Property are attached hereto as Attachments C and D, respectively, and incorporated herein by this reference. The Notices state the Town’s intent to consider adopting resolutions of necessity, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Town scheduled this hearing at which all persons who filed a written request in compliance with applicable law may appear and be heard.
A. DESCRIPTION OF PROPERTY TO BE ACQUIRED
Attached to these Resolutions and marked as Exhibits “A” are the legal definitions, description and depiction of the interests to be acquired by the Town, which describe the general location and extent of the property with sufficient detail for reasonable identification.
B. ANALYSIS
Finding No. 1: Public Interest and Necessity Require the Project The existing Meadow Way Bridge is reported to have been constructed in the 1950s over San Anselmo Creek in the Town of Fairfax by the U.S. Army Corps of Engineers. The existing, primarily wood, bridge has five spans with four bents (support structures) in the creek, is approximately 70 feet long and 14 feet wide, and supports a narrow single travel lane and a narrow adjacent pedestrian path approximately 20 feet above the creek bed. The bridge runs in a northwest-southeast direction while the creek flows towards the northeast under it. The bridge serves as the only egress and ingress facility for nearly two dozen homes on Meadow Way across the creek from Cascade Drive. The bridge is supported at four locations within the creek banks, two of which are in the creek bed, and at each location, there are three 12-inch diameter wooden piles driven into the ground. Some of the wooden bridge timbers have been preserved with creosote.
The bridge crosses the creek at a bend, and due to the soil type combined with heavy winter flows in the creek, the soil around the bridge abutments and piles has eroded significantly. Additionally, the bridge is structurally deficient, has poor deck conditions, functional limitations, and insufficient lane and sidewalk widths. There are also fire risk risks and other safety and weather-related hazards, as residents could become trapped if, for example, a wildfire were to occur. The site/bridge configuration has caused historic bank erosion and bridge foundation scour at the site, which would also be corrected by the project so that it would not affect the new bridge. Given these issues, the bridge has reached the end of its useful life and requires full replacement. Accordingly, public interest and necessity require the project.
Finding No. 2: The Project is Planned or Located in a Manner Most Compatible with the Greatest Public Good and the Least Private Injury
Given the location of the now-existing bridge, the impacts due to construction in the manner proposed are minimal and not anticipated to negatively impact the project area. To move this project elsewhere is 6 not feasible and would require significant reconstruction of existing facilities, thereby causing a greater impact in any other location as well as to nearby residents, and it would be much more costly at the expense of taxpayers. Notification of street closures, if any, and alternate routes will be provided in advance to all residents in close proximity to the project. All efforts will be made to pursue project completion as quickly as possible once work is started.
Finding No. 3: The Real Property to be Acquired is Necessary for the Project The objectives of the proposed project are to improve traffic operations, improve overall safety, and to rehabilitate the wooden bridge at Meadow Way, which was built in the 1950s and serves as the sole access point for residents living beyond it. The Hollister Property and the Cascade Land Property interests are necessary for the Project because they are not just within the project footprint, but rather on Meadow Way, the sole roadway upon which vehicles and pedestrians traverse the bridge.
Finding No. 4: The Offer of Just Compensation Has Been Made, Or the Offer Has Not Been Made Because the Owner Cannot Be Located with Reasonable Diligence Appropriate sources, including a chain of title search and skip traces, were used to confirm and identify the parties with potential interests in the property affected by the project. David C. Houghton, MAI of Bender Rosenthal, Incorporated, conducted appraisals for the Hollister Property and the Cascade Land Property and determined the fair market value of each of the their property interests. On June 20, 2025, the Town made offers of just compensation for the amount of $1,000 each for the Hollister Property and the Cascade Land Property. The offers were made to these individuals following skip trace reports prepared by Bosco Legal Services for the Town, which indicated the following potential hers to the longdeceased George Hollister and long-defunct entity Cascade Land Company and its long-deceased directors/officers: Dustin Alexander Plant and Dustin Mathew Plant (the great-great-grandchildren of George Hollister, born October 1865), Richard Moffitt (great-grandson of Charles Gebhart, born October 1865, President of the Cascade Land Company), and Victoria George Vick (granddaughter of Carl Victor Klinker, born September 1885, Secretary of the Cascade Land Company). On June 20, 2025, the Town made offers of just compensation to these heirs of the owners of record, as established by the Town’s chain of title report and corresponding research and examination of archival and historic records, to purchase the hereinabove described property interest as established by the approved appraisal and as required by Government Code section 7267.2. The heirs have responded, and they have discussed the project with counsel for the Town, but, given the above-noted chain of title issues, there remain uncertainties regarding their ability to convey legal title to the required property interests, despite their potential willingness to sell the property interests to the Town.
Although a negotiated settlement may still be possible for the real property cited above, it would be appropriate to commence the procedures to acquire the property through eminent domain, to ensure that the Town has possession of the real property, which is necessary in order for the Town to begin construction of the project and to demonstrate certification for project funding.
In the event these heirs are not the record owners of the Hollister Property and the Cascade Land Property, the Town could not make the offers of just compensation to the record owner(s) as required 7 by Government Code section 7267.2 because the owners cannot be located with reasonable diligence, as described herein (i.e., numerous studies were conducted to determine ownership of the road and surrounding properties that are impacted by the project; land surveyors carried out boundary surveys, researched the chain of title, and thoroughly examined archival and historic records; and the Town commissioned/conducted skip trace searches for potential heirs).
II. FISCAL IMPACTS
The cost for this process is 100% covered by the project’s federal funding, and this land acquisition process must be concluded by the Town and certified by Caltrans before the construction project is advertised. Upon approval of the Town Council action, staff will return to Town Council at a later time with a budget amendment, if necessary.
III. LEGAL REVIEW
The Town Attorney has reviewed and approved the adoption of these Resolutions as herein described and recommended.
IV. EXISTING POLICY
This item is consistent with the Town’s goal to rehabilitate five bridges that span San Anselmo and Fairfax Creeks on Marin Road, Spruce Road, Canyon Road, Creek Road, and Meadow Way in Fairfax, while ensuring the Town’s continued financial stability and overall goal to improve public safety.
V. INTERDEPARTMENTAL COORDINATION
This project has been routed and reviewed by all relevant departments.
VI. PUBLIC PARTICIPATION
The public will have an opportunity to provide comments on this item before Town Council action.
VII. ENVIRONMENTAL REVIEW
The Town prepared an Initial Study/Proposed Mitigated Negative Declaration (IS/MND) for Meadow Way Bridge Replacement Project (Project) State Clearinghouse Number 2019129045 in compliance with the California Environmental Quality Act (CEQA) Statute and Guidelines (California Code of Regulations 15000 et. seq.) in order to evaluate the potential environmental impacts which might reasonably be anticipated to result from implementation of the Project. The IS/MND concludes, that, with mitigation measures all impacts can be reduced to less‐than‐significant levels. At the June 3, 2020, council meeting, the Town adopted the IS/MND for the Project.
The Town has evaluated the proposed Resolutions of Necessity pursuant to CEQA Guidelines section 15162 to determine if, when taking subsequent discretionary actions in furtherance of a project for which a mitigated negative declaration has been adopted, the Town is required to under Public Resources Code section 21166 and CEQA Guidelines section 15162 to conduct additional environmental. It has concluded that there are no substantial changes proposed in the Project, nor 8 substantial changes in the circumstances under which the Project would be undertaken, which would require major revisions to the IS/MND due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects such that subsequent environmental review would be required.
Town Staff have reviewed and approve of the findings in this staff report.
SUBMITTED AND APPROVED BY:
Heather Abrams, Town Manager
VIII. STEPS FOLLOWING APPROVAL
Upon approval, the Town staff will route the Resolutions, attachments A and B, for signatures.
ATTACHMENTS
A. Resolution Hollister Property – A Resolution of Necessity for the Acquisition of the Entirety of the Larger Parcel Reversionary Rights of Certain Real Property, By Eminent Domain, More Particularly Described as a Portion of Meadow Way, East of the San Anselmo Creek Bridge And North Adjacent to 6 Meadow Way, Fairfax, California, for the Meadow Way Bridge Replacement Project, In Marin County, California
B. Resolution Cascade Land Property - A Resolution of Necessity for the Acquisition of the Entirety of the Larger Parcel Reversionary Rights of Certain Real Property, By Eminent Domain, More Particularly Described as a Portion of Meadow Way, San Anselmo Creek Bridge to Cascade Drive, Fairfax, California, For the Meadow Way Bridge Replacement Project, In Marin County, California C. Notice of Hearing to Property Owners (Hollister Property) D. Notice of Hearing to Property Owners (Cascade Land Property)
ATTACHMENT A
RESOLUTION NO. 25-____
A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF THE ENTIRETY OF
THE LARGER PARCEL REVERSIONARY RIGHTS OF CERTAIN REAL PROPERTY,
BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS A PORTION OF
MEADOW WAY, EAST OF THE SAN ANSELMO CREEK BRIDGE AND NORTH ADJACENT TO 6 MEADOW WAY, FAIRFAX, CALIFORNIA, FOR THE MEADOW WAY BRIDGE REPLACEMENT PROJECT, IN MARIN COUNTY, CALIFORNIA.
WHEREAS, the Town of Fairfax (the “Town”) proposes to acquire the entirety of the larger parcel reversionary rights in Meadow Way, located in Marin County, California, more particularly described as a portion of Meadow Way, east of the San Anselmo Creek Bridge and north adjacent to 6 Meadow Way, Fairfax, California 94930, (no Assessor Parcel Number is assigned to this parcel), for construction of a 70-foot long single span concrete arch replacement bridge replacing the existing Meadow Way Bridge over San Anselmo Creek, for the Meadow Way Bridge Rehabilitation Project, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Town scheduled a public hearing for Wednesday, July 16, 2025, at 6:30 p.m., at the Fairfax Women’s Club, 46 Park Road, Fairfax, California 94930, 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 Town, and the affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Town may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE TOWN DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
Section 1. Compliance with California Code of Civil Procedure and the California Environmental Quality Act. There has been compliance by the Town with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing and with the California Environmental Quality Act.
Section 2. Public Use. The public use for the fee simple interest in the property to be acquired is for the Meadow Way Bridge Rehabilitation Project in the Town of Fairfax, Marin County, California. Section 130220.5 of the California Public Utilities Code authorizes the Town to acquire, by eminent domain, property necessary for such purposes.
Section 3. Description of Property. Attached and marked as Exhibit “A” is the legal definitions, description and depiction of the interest to be acquired by the Town, which describe the general location and extent of the property with sufficient detail for reasonable identification.
Section 4. Findings. The Town 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 property defined and described in Exhibit “A” is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California Government Code was made, or the offer has not been
made because the owner cannot be located with
reasonable diligence.
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 rightsof-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the Town 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 Town is authorized to acquire the herein described interest subject to such existing public use 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 Town finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Town 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 Town is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Town 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 Town 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.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
APPROVED AND ADOPTED this 16th day of July, 2025.
___________________________________
LISEL BLASH, MAYOR
TOWN OF FAIRFAX
ATTEST:
CHRISTINE FOSTER
DEPUTY TOWN CLERK
EXHIBIT A
LEGAL DEFINITIONS, DESCRIPTION AND DEPICTION OF PROPERTY “Fee” also known as fee simple or fee simple absolute, grants the Town of Fairfax, absolute ownership of the property.
ATTACHMENT B
RESOLUTION NO. 25-____
A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF THE ENTIRETY OF
THE LARGER PARCEL REVERSIONARY RIGHTS OF CERTAIN REAL PROPERTY,
BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS A PORTION OF
MEADOW WAY, SAN ANSELMO CREEK BRIDGE TO CASCADE DRIVE, FAIRFAX,
CALIFORNIA, FOR THE MEADOW WAY BRIDGE REPLACEMENT PROJECT, IN MARIN COUNTY, CALIFORNIA.
WHEREAS, the Town of Fairfax (the “Town”) proposes to acquire the entirety of the larger parcel reversionary rights in Meadow Way, located in Marin County, California, more particularly described as a portion of Meadow Way, San Anselmo Creek Bridge to Cascade Drive, Fairfax, California 94930, (no Assessor Parcel Number is assigned to this parcel), for construction of a 70-foot long single span concrete arch replacement bridge replacing the existing Meadow Way Bridge over San Anselmo Creek, for the Meadow Way Bridge Rehabilitation Project., pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Town scheduled a public hearing for Wednesday, July 16, 2025, at 6:30 p.m., at the Fairfax Women’s Club, 46 Park Road, Fairfax, California 94930, 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 Town, and the affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Town may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE TOWN 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 Town with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing and with the California Environmental Quality Act.
Section 2. Public Use. The public use for the fee simple interest in the property to be acquired is for the Meadow Way Bridge Rehabilitation Project in the Town of Fairfax, Marin County, California. Section 130220.5 of the California Public Utilities Code authorizes the Town to acquire, by eminent domain, property necessary for such purposes.
Section 3. Description of Property. Attached and marked as Exhibit “A” is the legal definitions, description and depiction of the interest to be acquired by the Town, which describe the general location and extent of the property with sufficient detail for reasonable identification.
Section 4. Findings. The Town 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 property defined and described in Exhibit “A” is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California Government Code was made, or the offer has not been
made because the owner cannot be located with
reasonable diligence.
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 rightsof-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the Town 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 Town is authorized to acquire the herein described interest subject to such existing public use 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 Town finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Town 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 Town is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Town 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 Town 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.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
APPROVED AND ADOPTED this 16th day of July, 2025.
___________________________________
LISEL BLASH, MAYOR
TOWN OF FAIRFAX
ATTEST:
CHRISTINE FOSTER
DEPUTY TOWN CLERK
EXHIBIT A
LEGAL DEFINITIONS, DESCRIPTION AND DEPICTION OF PROPERTY “Fee” also known as fee simple or fee simple absolute, grants the Town of Fairfax, absolute ownership of the property.
NOTICE OF HEARING TO PROPERTY OWNERS
Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, July 16, 2025, at 6:30 p.m., at the Fairfax Women’s Club, 46 Park Road, Fairfax, California 94930, the Town Council of the Town of Fairfax intends to consider the adoption of a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for acquisition of a fee simple interest in certain real property identified as a portion of Meadow Way, east of the San Anselmo Creek Bridge and north adjacent to 6 Meadow Way, Fairfax, California, in Marin County, California, which according information obtained from a title company, you may own. The public use for which this resolution of necessity will be considered is for the construction of a 70-foot long single span concrete arch replacement bridge replacing the existing Meadow Way Bridge over San Anselmo Creek, for the Meadow Way Bridge Rehabilitation Project.
The definitions of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice.
A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters:
1. Whether the public interest and necessity require the project for which the property is sought to be acquired.
2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.
3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project.
ATTACHMENT C
4. Whether the offer required by Section 7267.2 of the California Government Code has been made, or the offer has not been made because the owner cannot be located with reasonable diligence.
Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with the Town to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above-stated matters and issues that are the subject of the hearing.
ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:
Heather Abrams
Town Manager
Town of Fairfax
142 Bolinas Road
Fairfax, California 94930
DATE OF HEARING: Wednesday, July 16, 2025
6:30 p.m.
PLACE OF HEARING: County Board Room
Fairfax Women’s Club
46 Park Road
Fairfax, California 94930
DATED: July 1, 2025 BEST BEST & KRIEGER LLP
By: _____________________________________
Andrew Saghian
Attorneys for
Town of Fairfax
PROOF OF MAILING NOTICE
I, Heather McCoy, acting on behalf of the Town of Fairfax, hereby certify that on July 1, 2025 I mailed a copy of the attached notice by first-class and overnight mail to the following owners and other interested parties of real property located in the Town of Fairfax, State of California, more particularly described as a portion of Meadow Way, east of the San Anselmo Creek Bridge and north adjacent to 6 Meadow Way, (no Assessor Parcel Number is assigned to this property), in Marin County, California:
Hunter Alexander Plant
3293 Balada Way
Rancho Cordova, CA 95670
Dustin Mathew Plant
381 Bayberry Way
Gridley, CA 95948
Dated: July 1, 2025 _________________________
Heather A. McCoy
LEGAL DEFINITIONS
"Fee" also known as fee simple or fee simple absolute, grants to the Town of Fairfax, absolute ownership of the property.
LEGAL DESCRIPTION AND DEPICTION
NOTICE OF HEARING TO PROPERTY OWNERS
Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, July 16, 2025, at 6:30 p.m., at the Fairfax Women’s Club, 46 Park Road, Fairfax, California 94930, the Town Council of the Town of Fairfax intends to consider the adoption of a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for acquisition of a fee simple interest in certain real property identified as a portion of Meadow Way, San Anselmo Creek Bridge to Cascade Avenue, Fairfax, California, , in Marin County, California, which according to information obtained from a title company, you may own. The public use for which this resolution of necessity will be considered is for the construction of a 70-foot long single span concrete arch replacement bridge replacing the existing Meadow Way Bridge over San Anselmo Creek, for the Meadow Way Bridge Rehabilitation Project.
The definitions of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice.
A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters:
1. Whether the public interest and necessity require the project for which the property is sought to be acquired.
2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.
3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project.
ATTACHMENT D
4. Whether the offer required by Section 7267.2 of the California Government Code has been made, or the offer has not been made because the owner cannot be located with reasonable diligence.
Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with the Town to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above-stated matters and issues that are the subject of the hearing.
ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:
Heather Abrams
Town Manager
Town of Fairfax
142 Bolinas Road
Fairfax, California 94930
DATE OF HEARING: Wednesday, July 16, 2025
6:30 p.m.
PLACE OF HEARING: County Board Room
Fairfax Women’s Club
46 Park Road
Fairfax, California 94930
DATED: July 1, 2025 BEST BEST & KRIEGER LLP
By: _____________________________________
Andrew Saghian
Attorneys for
Town of Fairfax
PROOF OF MAILING NOTICE
I, Heather McCoy, acting on behalf of the Town of Fairfax, hereby certify that on July 1, 2025, I mailed a copy of the attached notice by first-class and overnight mail to the following owners and other interested parties of real property located in the Town of Fairfax, State of California, more particularly described as a portion of Meadow Way, San Anselmo Creek Bridge to Cascade Avenue, (no Assessor Parcel Number is assigned to this property), in Marin County, California:
Richard Barrie Moffitt
1424 Vicki Drive
Sebring, FL 33870
Victoria George Vick
5322 Overton Road
Nashville, TN 37220
Dated: July 1, 2025 _________________________
Heather A. McCoy
LEGAL DEFINITIONS
"Fee" also known as fee simple or fee simple absolute, grants to the Town of Fairfax, absolute ownership of the property.
LEGAL DESCRIPTION