RESOLUTION NO. 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AUTHORIZING THE ACQUISITION OF A PORTION OF THE PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 3064-561-07 BY EMINENT DOMAIN WHEREAS, the City of Hesperia (“City”) has determined that the public interest and necessity require the improvement of Poplar Court to address safety concerns, reduce congestion, and support future industrial and commercial development; and WHEREAS, the property identified as Assessor Parcel No. 3064-561-07 (“Property”), located at the southeast corner of Poplar Court and Highway 395, is vacant and unimproved, and the City seeks to acquire a 22,682 square foot portion of the Property for a permanent easement and a 31,519 square foot potion of the Property for a temporary construction easement in order to improve Poplar Court and support future development; and WHEREAS, the City has complied with all statutory requirements for the acquisition of a portion of the Property by eminent domain, including (1) obtaining an independent appraisal for the fair market value of the portion of the Property to be obtained; (2) making a written offer to purchase a portion of the Property at its appraised value of $69,611.85 in accordance with Government Code Section 7267.2; and (3) providing written notice to the property owners, Jane Hsieh and Debby Hsieh, of the City Council’s intent to consider the adoption of this Resolution of Necessity at least fifteen days prior to the scheduled hearing; and WHEREAS, the property owners submitted a counteroffer significantly exceeding the appraised value, which the City is unable to accept under California eminent domain law requiring just compensation to align with the appraised fair market value; and WHEREAS, the City Council conducted a public hearing on January 21, 2025, to consider the adoption of this Resolution of Necessity and has provided the property owners the opportunity to be heard on the issues required by law include: (1) whether the public interest and necessity require the Poplar Court improvement project; (2) whether the Poplar Court improvement project is planned or located in a manner that will provide the greatest public good with the least private injury; (3) whether the acquisition of a portion of the Property is necessary for the Poplar Court improvement project; and (4) whether the City’s offer to acquire a portion of the Property complied with Government Code Section 7267.2; and WHEREAS, the City Council finds as follows: (1) the public interest and necessity require the improvement of Poplar Court to enhance safety, reduce congestion, and support future development consistent with regional planning initiatives and City infrastructure goals; (2) the project is planned and located in a manner that will provide the greatest public good with the least private injury; (3) the acquisition of a portion of the Property is necessary for the project, as the improvements cannot proceed without the required portion of the Property; and (4) the City has made the offer required by Government Code Section 7267.2, and the offer was prepared in compliance with applicable laws and standards; and WHEREAS, the City Council has determined that it is in the public interest to authorize the commencement of eminent domain proceedings to acquire a portion of the Property; and NOW THEREFORE, BE IT RESOLVED, that the Hesperia Housing Authority and the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the January 21, 2025, hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report, and specifically the recitals above, are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The City Council hereby finds and determines that the public interest and necessity require the improvement of Poplar Court, and the acquisition of a portion of the Property is necessary to accomplish that purpose.
Section 3. The City Council hereby authorizes the acquisition of a portion of the Property, as more particularly described in the attached Legal Description and Plat Map, by eminent domain.
Section 4. The City Attorney’s Office is hereby directed to take all necessary steps to commence and prosecute eminent domain proceedings to acquire a portion of the Property and to seek and obtain an order for prejudgment possession in accordance with applicable law.
Section 5. This Resolution shall take effect immediately upon its adoption by the City Council.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 21st day of, January 2025.
ATTEST:
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Allison Lee, Mayor
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Erin Baum, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, MELINDA SAYRE, City Clerk of the City of Hesperia, California, do hereby certify that Resolution No. _________________________ was adopted by the City Council of the City of Hesperia at a regular meeting held on the __ day of _____, 2025, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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MELINDA SAYRE
CITY CLERK
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