ITEM 5. 2
CITY MANAGER' S REPORT
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
PUBLIC HEARING ( PUBLISHED NOTICE) AND
CONSIDER ADOPTION OF A RESOLUTION OF
NECESSITY TO ACQUIRE REAL PROPERTY
LOCATED AT 134 ROTH ROAD OWNED BY
INDERPAL SINGH ( APN 196- 020-4) BY
EMINENT DOMAIN
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution of Necessity of the City
of Lathrop to Acquire Real Property in
Connection with the Harlan Road
Realignment, CIP PS 14- 04; Make
Findings and Determinations; and
Authorize Eminent Domain Proceedings
134 Roth Road owned by Inderpal Singh,
APN 196- 020-4)
SUMMARY:
Capital Improvement Project ( CIP) PS 14- 04 for Harlan Road Realignment ( Project) was created to realign Harlan Road and increase the distance between Interstate 5 I-5) and the intersection of Harlan Road and Roth Road to accommodate future interchange improvements. Implementation of the Project will require acquisition of a portion of property located at 134 Roth Road ( APN 196- 020-4), owned by Inderpal Singh. Specifically, the Project necessitates the acquisition of 14, 432 square feet in fee ownership, 3, 296 square feet in permanent public utility easement interests, and 3, 135 square feet in temporary construction easement, as detailed in Attachment B.
In conformance to Government Code Section 7267. 2, the City extended a formal offer to Mr. Singh on November 5, 2024, for the acquisition in fee and a public utility easement over a portion of the property. The offer, in the amount of 569, 000, was based on an independent appraisal report. Subsequently, the City and its appointed engineering consultant, Dokken Engineering, Inc. ( Dokken Engineering), received a counteroffer from Mr. Singh requesting that the City purchase the entire parcel for $ 5, 000,00. Since acquisition of the entire parcel is not necessary to meet the project' s requirements, the City declined the counteroffer. On March 2, 2025, Mr. Singh submitted a second counteroffer, proposing a reduced amount of $ 3, 000,00 for the entire parcel.
Despite the City' s good faith efforts to negotiate for only the property needed, each counteroffer from Mr. Singh was provided without any accompanying documentation to substantiate the claimed valuation. On July 24, 2025, an impasse letter ( Attachment C) was sent to Mr. Singh via mail and email, informing Mr. Singh of the City' s intent to consider a Resolution of Necessity. Pursuant to Code of Civil CITY MANAGER' SREPORT PAGE 2
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 134 ROTH ROAD OWNED BY INDERPAL SINGH ( APN 196- 020-4) BY EMINENT DOMAIN
Procedure section 1240. 010 and Government Code section 25350. 5, the City of Lathrop is authorized to acquire, by eminent domain, real or personal property necessary.
Staff requests that Council adopt a Resolution of Necessity authorizing the City of Lathrop to acquire real property in connection with the Harlan Road Realignment Project, CIP PS 14- 04; make the required findings and determinations; and authorize the initiation of eminent domain proceedings for the property located at 134 Roth Road, owned by Inderpal Singh ( APN 196- 020-4).
BACKGROUND:
New development projects are projected to cause the I-5/ Roth Road interchange to operate at an unacceptable level of service. Acquisition of property rights pursuant to the Harlan Road Realignment Project, CIP PS 14- 04 is a prerequisite to the construction of any future interchange improvements. The Project will realign Harlan Road by shifting its alignment and signalizing its intersection with Roth Road. Dokken Engineering completed the Project environmental phase and was contracted to continue with project design and right- of- way acquisitions. In August 2024, City Council authorized staff and Dokken Engineering to initiate negotiations for the necessary right- of- way acquisitions.
The acquisition of a portion of the property located at 134 Roth Road ( APN 196- 020-4) is necessary to construct the Harlan Road realignment, including associated utilities and proposed project improvements. On November 5, 2024, Dokken Engineering, on behalf of the City, presented a fair market value offer of just compensation to the property owner, Mr. Singh, in the amount of $ 569, 000.
This offer was based on a certified appraisal report for the acquisition of 14, 432 square feet in fee, permanent public utility easement totaling 3, 296 square feet, and 3, 135 square feet in temporary construction easement. In response, Mr. Singh submitted a counteroffer requesting full acquisition of the entire property for 5, 000,00. Since the entire parcel is not required for the project, the City rejected the proposal. On March 2, 2025, Mr. Singh submitted a second counteroffer seeking 3, 000,00 for the entire property. Dokken Engineering repeated their description of the scope of the project, the specific land requirements, and the valuation methodology used in the appraisal; however, negotiations remain unsuccessful.
On July 24, 2025, Dokken Engineering notified the property owner that a public hearing was scheduled for August 11, 2025, during which the City Council would consider the adoption of a Resolution of Necessity.
The following issues are presented for consideration at this hearing:
a) Whether the public interest and necessity require the Project; and CITY MANAGER' SREPORT PAGE 3
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 134 ROTH ROAD OWNED BY INDERPAL SINGH ( APN 196- 020-4) BY EMINENT DOMAIN
b) Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c) Whether the property sought to be acquired is necessary for the Project.
The eminent domain process for acquiring the required property includes the following steps: ( 1) issuance of a Notice of Hearing to adopt a Resolution of Necessity, this notice was provided by the City and Dokken Engineering on July 24, 2025; (2) adoption of the Resolution of Necessity by the City Council; (3) filing an eminent domain action with the court; and ( 4) obtaining possession of the property through a court - issued Order of Possession. It is recommended that negotiations with the property owner continue throughout the process, including after possession has been secured. If a settlement cannot be reached, both parties retain the right to have just compensation determined by a jury.
Staff recommends that City Council initiate eminent proceedings at this time to acquire the specified portion of the property located at 134 Roth Road, owned by Inderpal Singh, as shown and described in Attachment B.
REASON FOR RECOMMENDATION:
The Project is consistent with the Harlan Road Precise Plan and is required prior to improvements to the Roth Rd and I-5 interchange. To effectively construct the Project and adequately accommodate existing and future development, timely acquisition of the necessary right- of- way is essential. The proposed realignment has been planned to minimize impacts on private property and to utilize existing public right- of- way to the greatest extent possible.
FISCAL IMPACT:
Sufficient funds have been allocated within the Harlan Road Realignment, CIP PS 14- 04 for the proposed property acquisition cost of $ 569, 000 that includes 14, 432 square feet of property in fee, 3, 296 square feet of permanent public utility easement interests, and 3, 135 square feet in temporary construction easement located at 134 Roth Road.
ATTACHMENTS:
A. Resolution of Necessity of the City of Lathrop to Acquire Real Property in Connection with the Harlan Road Realignment, CIP PS 14- 04; Make Findings and Determinations; and Authorize Eminent Proceedings ( 134 Roth Road owned by Inderpal Singh, APN 196- 020-4)
B. Right -of -Way Acquisitions Exhibit for 134 Roth Road ( APN 196- 020-4) C. Final Notice to Property Owner of 134 Roth Road ( APN 196- 020-4) CITY MANAGER' SREPORT PAGE 4
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 134 ROTH ROAD OWNED BY INDERPAL SINGH ( APN 196- 020-4) BY EMINENT DOMAIN
APPROVALS:
Angel Abarca Date
Assistant Engineer
Brad 7" aylor
City Engineer
Cari Jam
Finance l ire tor
Date
113ass
Date
Michael King Date
Assistant City Manger
7•ZS• 2. 0z.. 5 -
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP FINDING
AND DETERMINING THAT PUBLIC NECESSITY REQUIRES THE ACQUISITION
OF CERTAIN REAL PROPERTY INTERESTS FOR A PUBLIC PROJECT AND
DIRECTING THE ACQUISITION OF SAID REAL PROPERTY INTERESTS BY
EMINENT DOMAIN PROCEEDINGS FOR THE HARLAN ROAD REALIGNMENT PROJECT ( CIP PS 14- 04)
WHEREAS, Capital Improvement Project ( CIP) PS 14- 04 for Harlan Road Realignment ( Project) was created to realign Harlan Road and increase the distance between Interstate 5 ( I-5) and the intersection of Harlan Road and Roth Road to accommodate future interchange improvements; and
WHEREAS, implementation of the Project will require acquisition of a portion of property located at 134 Roth Road ( APN 196- 020-4), owned by Inderpal Singh.
Specifically, the Project necessitates the acquisition of 14, 432 square feet in fee ownership, 3, 296 square feet in permanent public utility easement interests, and 3, 135 square feet in temporary construction easement; and WHEREAS, in conformance to Government Code Section 7267. 2, the City extended a formal offer to Mr. Singh on November 5, 2024, for the acquisition in fee, public utility easement, and temporary construction easement over a portion of the property; and
WHEREAS, the offer, in the amount of $ 569, 000, was based on an independent appraisal report. Subsequently, the City and its appointed engineering consultant, Dokken Engineering, Inc. (Dokken Engineering), received a counteroffer from Mr. Singh requesting the City purchase the entire parcel for $ 5, 000,00; and WHEREAS, acquisition of the entire parcel is not necessary to meet the project' srequirements; therefore, the City declined the counteroffer; and WHEREAS, on March 2, 2025, Mr. Singh submitted a second counteroffer, proposing a reduced amount of $ 3, 000,00for the acquisition of the entire parcel; and
WHEREAS, despite the City' s good faith efforts to negotiate for only the property needed, each counteroffer from Mr. Singh was provided without any accompanying documentation to substantiate the claimed valuation; and WHEREAS, on July 24, 2025, an impasse letter was sent to Mr. Singh via mail and email, informing Mr. Singh of the City' sintent to consider adoption of a Resolution of Necessity; and
WHEREAS, pursuant to Code of Civil Procedure section 1240. 010 and Government Code section 25350. 5, the City of Lathrop is authorized to acquire, by eminent domain, real or personal property necessary as an exercise of its powers; and
WHEREAS, notice has been properly given to all whose name and address appear on the last equalized County Assessment Roll as required by and according to the provisions of Section 1245. 235 of the California Code of Civil Procedure, and a public hearing has been held at which all persons whose property may be acquired by eminent domain have been given a reasonable opportunity to appear and be heard by the City Council on the matters set forth in Code of Civil Procedure sections 1240. 030 and 1240. 510, and the City Council did hear and consider all the evidence presented; and
WHEREAS, staff requests that Council adopt a Resolution of Necessity authorizing the City of Lathrop to acquire real property in connection with the Harlan Road Realignment Project, CIP PS 14- 04; make the required findings and determinations; and authorize the initiation of eminent domain proceedings for the property located at 134 Roth Road, owned by Inderpal Singh ( APN 196- 020-4); and WHEREAS, due consideration of all oral and documentary evidence introduced has been given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lathrop that the following finding determinations are made:
1. That the public interest and necessity require the acquisition of the real property interests described in attachment B of the City Manager' sReport, for the purpose of constructing the Harlan Road Realignment Project, CIP PS 14- 04; and
2. That the property to be acquired and the project to be developed are planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and
3. That the property sought to be acquired is necessary for the proposed project; and
4. That the offer required by section 7267. 2of the Government Code has been made to the property owner of record.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby authorize the initiation of eminent domain proceedings for the property located at 134 Roth Road, owned by Inderpal Singh ( APN 196- 020-4).
The foregoing resolution was passed and adopted this 11th day of August 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney LEG
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17 DOKKEN ENGINEERING
Trarisportatiwi Solutions fimn Concept to Cor; stractioii IS
July 24, 2025
Inderpal Singh
134 Roth Road
Lathrop, CA 95330
RE: Harlan Road Realignment at Roth Road — CIP PS 14- 04 Project Property Address: 134 Roth Rd, Lathrop, CA 95330
APN: 196- 020-4
FINAL NOTICE
Dear Property Owners:
Subject: Harlan Road Realignment at Roth Road — CIP PS 14- 04 Project We appreciate your time and engagement during the right of way acquisition process for the Harlan Road Realignment at Roth Road — CIP PS 14- 04 Project. As you are aware, the proposed project is a public infrastructure improvement effort intended to reduce congestion and support future traffic operations at the I-5/ Roth Road interchange. The project will shift the intersection and realign Harlan Road to create space for future improvements while maintaining access to nearby properties. The project requires a permanent right of way easement, a permanent public utility and slope easement, and a
temporary construction easement and your property is one of those affected.
Over the past 8 months, our team has made several good faith attempts to reach a voluntary agreement for the acquisition of the necessary property rights. These efforts have included:
Providing you with an appraisal - based offer package dated 11/ 5/ 2024; Responding to your questions and concerns regarding the offer; and Making ourselves available for meetings, discussions, and negotiations.
Despite these efforts, we have not been able to secure an agreement for the acquisition of the required property rights and have unfortunately reached an impasse in our negotiations. As the project has established that the property is essential, our firm will recommend that the City initiate the Resolution of Necessity ( RON) process to facilitate the progression of the project.
Enclosed, you will find the " Your Property/ Your Transportation Project Informational Brochure," which was included in your initial offer package. This document contains important information regarding the condemnation process and related legal proceedings. If our firm receives no further communication by August 08, 2025, the City will proceed to issue the RON hearing letter, which will outline your rights to attend and respond.
DOKKEN ENGINEERING • 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916. 858. 0642 • Fax: 916. 858. 0643
ENGINEERING
DOKKEN Page 2 of 2
I am genuinely committed to collaborating with you to achieve a fair and satisfactory settlement that is beneficial for both parties involved.
Should you wish to discuss this matter further or have any questions, please do not hesitate to reach out to me at (916) 542- 8624.
Sincerely,
Jason Andrews, SR/ WA
Senior Right of Way Agent
DRE# 1722818
Dokken Engineering
Cc: City of Lathrop
Attached: Exhibit 8 -EX -16
Your Property/ Your Transportation Project Informational Brochure DOKKEN ENGINEERING • 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916. 858. 0642 • Fax: 916. 858. 0643