City of Ripon
259 N. Wilma Avenue • Ripon, California 95366
Phone (209)599-2108 • Fax (209)599-2685
www.cityofripon.org
MAYOR
Daniel de Graff
VICE MAYOR
Gary Barton
COUNCIL MEMBERS
Dean Uecker
Michael Restuccia
Leo Zuber
CITY ADMINISTRATOR/
CITY ENGINEER
Kevin Werner
CITY ATTORNEY
Thomas H. Terpstra
CITY CLERK/FINANCE DIRECTOR
Lisa Roos
DIRECTOR OF PLANNING,
BUILDING & ECONOMIC
DEVELOPMENT
Ken Zuidervaart
DIRECTOR OF PUBLIC WORKS
James Pease
RECREATION DIRECTOR
Kye Stevens
January 17, 2025
David Hegarty
15230 E. River Road
Ripon, CA 95366
Re: Notice of Intent to Adopt Resolution of Necessity
North Ripon/River Road Traffic Signalization Project
Assessor’s Parcel Number: 245-180-23(“Subject Property”) San Joaquin County Dear Mr. Hegarty:
You are receiving this second Notice of Intent to Adopt a Resolution of Necessity since the public hearing regarding this matter was continued to the February 11, 2025 meeting.
The City of Ripon is in the process of acquiring right-of-way for the North Ripon/River Road Traffic Signalization Project. The law provides procedures for public agencies to acquire private property for public use. It requires every agency which intends to condemn property to notify the owner(s) of its intention to condemn. California Code of Civil Procedure (CCP) Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following three conditions are established:
1. The public interest and necessity require the proposed project; and
2. The proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and
3. This property is necessary for the project.
Also, CCP Section 1245.230 requires that the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) cannot be located with reasonable diligence. A written offer required by Section 7267.2 of the Government Code was sent to you on December 7, 2023 at the address that was listed on the last equalized county assessment roll.
You are hereby notified that the City Council of the City of Ripon, at its meeting to be held on February 11, 2025 at 6:00 p.m., at 259 N. Wilma Avenue, Ripon, California, will be asked to decide if the above conditions have been met concerning your property and, if so, to adopt a Resolution of Necessity Attachment 2
(“Resolution”) to acquire a portion of your property by eminent domain. Questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in determining whether a Resolution should be adopted.
The City Council’s adoption of the Resolution authorizes the City of Ripon (the “City”) to acquire the property by eminent domain. A description of the required property is attached to this notice.
The law provides you an opportunity to appear before the City Council and raise questions concerning the three conditions referred to in CCP 1240.030 as cited above. You are entitled to appear in person and object to the adoption of the Resolution. If you intend to appear, please provide a written request to appear before the Council no later than 15 days from the mailing of this notice and include a statement indicating which of the three conditions listed in the first paragraph above you contend have not been met. By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, you will enable the City Council to conduct a full and expeditious review of the project’s effect on your property. The request to appear should be sent to: Deputy City Clerk, City of Ripon, 259 N. Wilma Avenue, Ripon, CA 95366.
Your written request to appear must be on file with the Deputy City Clerk within the 15-day period set forth above. Failure to timely file a written request to appear will result in a waiver of your right to appear and be heard by the City Council.
For your convenience, if you are unable to personally appear and choose to submit written objections in place of a personal appearance, the City Council will consider any written objections so long as they are received by the Deputy City Clerk prior to the meeting date. All written objections filed with the City Council will become part of the official record of the meeting at which the City Council hears the Resolution.
If you have any questions regarding this eminent domain proceeding, please contact Ken Zuidervaart, Planning Director, at (209) 599-0222 ext. 3222 or [email protected]. If you have questions regarding the City Council meeting or its logistics, please contact Jane Kilgore, Deputy City Clerk, at (209) 599-2108 ext. 3215 or [email protected].
Sincerely,
Ken Zuidervaart, Director
Planning, Building and Economic Development
Attachments: Resolution of Necessity
Attachment 2
1 789591-1
RESOLUTION NO. 2025-___
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 SOUTHEASTCORNER 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.”
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; Attachment 2
2 789591-1
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 by the City Council of the City of Ripon, at a meeting thereof held on this ___ day of February, 2025, by the following vote, TO WIT:
AYES: __________
NOES: __________
ABSTENTION: __________
ABSENT: __________
Attachment 2
3 789591-1
CITY OF RIPON
BY_________________________________
DANIEL DE GRAFF, MAYOR
ATTEST:
_______________________________
LISA ROOS, CITY CLERK
CERTIFICATION
I, LISA ROOS, City Clerk of the City of Ripon, do hereby certify that the foregoing is a full, true and correct copy of a resolution of the City Council of the City of Ripon, duly passed and adopted at a meeting thereof held on the ___ day of June, 2024.
Dated: _______________, 2024.
______________________________________
LISA ROOS, CITY CLERK
Attachment 2
Attachment 2
Attachment 2
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing on Tuesday, February 11, 2025 at 6:00 P.M., in the Council Chambers, 259 N.
Wilma Avenue, on the following matter:
Resolution of Necessity for the North Ripon/River Road Traffic Signalization Project, a public hearing to consider adoption of a Resolution of Necessity to acquire real property through eminent domain for the purpose of the North Ripon/River Road Traffic Signalization Project. This project is located at the intersection of North Ripon Road and River Road and encompasses a portion of the property located at 21800 S.
North Ripon Road (APN 245-180-23). This project was determined to be Categorical Exempt from CEQA.
PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH
PROPOSED PARCEL MAP OR USE IS CHALLENGED IN COURT, SUCH
CHALLENGE MAY BE LIMITED TO ONLY THOSE ISSUES RAISED AT THE
PUBLIC HEARING OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE PLANNING COMMISSION AT OR PRIOR TO THE PUBLIC HEARING.
ALL INTERESTED PARTIES will be given an opportunity to appear and be heard by the City Council of The City of Ripon at said time and place pertaining to the above described matter.
CITY OF RIPON
Ken Zuidervaart, Director
Planning and Economic Development
Published January 27, 2024
Attachment 2