City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/14/2025
Subject: Resolution of Necessity - N. Ripon/River Road
RECOMMENDED ACTION:
After the public hearing was sent and received, the property owner has requested the hearing be continued until February 11, 2025.
Attachments:
1. Hegarty Offer Letter - 1-9-24
2. Notice of Hearing on Resolution of Necessity
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON DIRECTING THAT AN ACTION IN EMINENT
DOMAIN BE INSTITUTED FOR THE ACQUISITION OF
REAL PROPERTY FOR CONSTRUCTION OF TRAFFIC
SAFETY IMPROVEMENTS LOCATED AT THE SOUTH/EAST
CORNER OF EAST RIVER ROAD AND NORTH RIPON
ROAD
WHEREAS, the City of Ripon is a political subdivision of the State of California and is authorized to acquire real property by eminent domain to carry out the powers or functions of the City; and
WHEREAS, the real property to be taken consists of a Fee Simple interest in that land more particularly described in the attached Exhibit “A,” and illustrated in the attached Exhibit “B”; and
WHEREAS, the public interest and necessity require the acquisition of said interest in real property for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits at the intersection of River Road and North Ripon Road; and WHEREAS, notice has been properly given to all whose name and address appears on the last Equalized County Assessment Roll per 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 1240.610; and
WHEREAS, a two-thirds vote of all of the members of the City Council is required for adoption hereof; 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 Ripon that the following findings be made:
1. That the public interest and necessity require the acquisition of the fee interest in the real property described in Exhibit “A” attached hereto and incorporated by this reference for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits to improve the health, safety and welfare of vehicle operators, pedestrians and adjacent residents;
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. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
3. That the property sought to be acquired is necessary for the proposed project. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
4. That the offer required by Section 7267.2 of the Government Code has been made to the owner of record.
BE IT FURTHER RESOLVED as follows:
1. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is hereby authorized to institute and conduct to the conclusion an action in eminent domain in the Superior Court of the State of California for the County of San Joaquin for the acquisition of the described interest in real property and to take such action as is necessary to accomplish this upon direction of the City Council.
2. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is also hereby authorized to obtain an order for prejudgment possession of the herein described real property and any other orders reasonably necessary for the prosecution of the action in eminent domain, or which may be necessary for the orderly completion of the proposed project.
BE IT FURTHER RESOLVED that the City of Ripon is directed to draw all necessary warrants payable to the State Treasurer in the amount specified in a written statement or summary of the basis for probable compensation prepared in accordance with Code of Civil Procedure Sections 1255.010, et seq.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk