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28 CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, ESTABLISHING THE PUBLIC USE AND
NECESSITY FOR WHICH CERTAIN LEGALLY DESCRIBED REAL
PROPERTY IS TO BE ACQUIRED BY EMINENT DOMAIN, STATING
THE STATUTORY AUTHORITY FOR SUCH ACQUISITION, AND
AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE
PURPOSE OF THE THIRD STREET GRADE SEPARATION PROJECT.
WHEREAS, the City Clerk of the City of Riverside duly noticed the City Council’s intention to adopt a Resolution of Necessity pursuant to California Code of Civil Procedure section 1245.235 for the purpose of acquiring certain interests in real property by eminent domain to construct a railroad underpass at the Third Street and the BNSF railroad tracks (“Project”); and
WHEREAS, a public hearing was held by the City Council on March 25, 2025, at the time and place stated in the Notice of Intention to Adopt a Resolution of Necessity, at which time the City Council duly considered the matters to be heard.
NOW, THEREFORE, BE IT FOUND, RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Riverside, California as follows:
1. The real property interests sought to be acquired are located in the city and county of Riverside, state of California, and are legally described in the attached Exhibit 1. The interest s to be acquired herein are street and highway easement, access easement, and temporary construction easements . Parcel map s depicting the general location s and dimensions of the interests to be acquired are attached hereto as Exhibit 2. Exhibits 1 and 2 are incorporated herein by this reference (“Subject Property”).
2. The City of Riverside is authorized to acquire the Subject Property by right of eminent domain pursuant to the Charter of the City of Riverside, California Government Code sections 37350.5, 39792, 40401, and 40404, the Eminent Domain Law commencing with California Code of Civil Procedure section 1235.010, and Article I, section 19, of the Constitution of the State of California.
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28 CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
3. Facts in support of findings contained in the City Council memoranda dated March 25, 2025, are hereby adopted and incorporated herein by this reference.
4. The public use for which the Subject Property is being acquired by right of eminent domain is to construct a railroad underpass at the Third Street and the Burlington Northern Santa Fe (“ BNSF”) railroad tracks; and as necessary, the widening and realignment of streets, construction of sidewalks, curbs, and gutters, grading and landscaping, installation of new traffic signals and street lights, installation and relocation of public utilities, undergrounding of overhead power lines where required, and such other related improvements as may be necessary to promote the health, safety, and welfare of the general public.
5. The public interest and necessity require the proposed P roject in order to improve safety, eliminate significant vehicular delays and improve access for emergency vehicles , and in order to protect the health, and safety and welfare of the general public at large.
6. The proposed Project is planned and located in a manner that will be most compatible with the greatest public good as the proposed construction will reduce traffic delays, accommodate increased traffic from increased movement of goods by rail from southern California ports and distribution centers as well as growth in Riverside County, the City of Riverside, and adjoining jurisdictions, and improve traffic safety on Third Street.
7. Thus, the proposed Project is planned and located in a manner that will be most comparable with the leas t private injury by limiting acquisition to those parcels and property interests that are necessary to complete the proposed Project in a manner that enhances the health, safety, and welfare of the general public.
8. The Subject Property is necessary for the proposed Project as existing improvements are inadequate to accommodate increased traffic flow and volume on Third Street.
Unless the Subject Property is acquired by eminent domain, the C ity of Riverside will not accommodate increased movement of goods by rail from southern California ports and distribution centers, as well as growth in Riverside County, the City of Riverside, and adjoining jurisdictions, all of which continue to increase.
9. The offer required by section 7267.2 of the Government Code of the State of
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28 CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
California has been made to the owners of record of the Subject Property based upon the approved appraisal of fair market value as prepared by a qualified independent appraiser.
10. The City of Riverside has an overriding need for prejudgment possession of the property interests identified herein in that: (1) Third Street is a key east -west arterial that links residential and retail areas in the downtown area of Riverside and carries a total of 13,063 vehicles per day ; (2) John W. North High School is one mile east of the crossing and approximately 67 school buses traverse the rail crossing each day, in addition to 72 freight trains and 20 passenger trains; (3) Rail traffic causes approximately 192 minutes (3.2 hours) per day of delay on Third Street, significantly impacting emergency vehicles and hampering the City’s ability to respond to life -threatening emergencies; (4) These train delays also result in local air pollution from idling vehicles and noise pollution from train horns, which diminish the quality of life for nearby residents . Prompt completion of the proposed improvements will reduce traffic problems and delays to emergency response vehicles and other travelers through the Project, ultimately relieving traffic demands and congestion locally and throughout the City, and will protect the health, and safety, and welfare of the general public at large.
11. If this Resolution of Necessity provides in the recitals that the Subject Property is being taken as an economic remnant, then s aid parcels are being acquired pursuant to California Code of Civil Procedure section 1240.410.
12. To the extent that any portion of the Subject Property has been or is presently appropriated for a public use, the City Council finds and declares pursuant to section 1240.510 of the Code of Civil Procedure of the State of California that the proposed use 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.
13. To the extent that any portion of the Subject Property has been or is presently appropriated to a public use, the City Council finds and declares pursuant to California Code of Civil Procedure section 1240.610 that the proposed use is a more necessary public use.
14. All applicable requirements of the California Environmental Quality Act and the policies and regulations of the City of Riverside implementing the Act have been completed.
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28 CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
15. The City Attorney is authorized to (i) correct any errors or to make or agree to nonmaterial changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to a cquire the Subject Property; (ii) reduce or modify the extent of the interests or property to be acquired so as to reduce the co mpensation payable in the action where such change would not substantially impair the construction and operation for the project for which the Subject Property is being acquired; and (iii) deposit or direct payment of money out of the proper funds of the City of Riverside for probable compensation according to the provisions of the Eminent Domai n Law (Code of Civil Procedure section 1235.010 et seq.) and for jury fees, court reporter fees, and other costs hereby authorized.
16. The City Council authorizes and directs the City Attorney to cause eminent domain proceedings in the name of the City of Riverside to be prosecuted in the Superior Court of the state of California, in and for the county of Riverside, or in any other court having jurisdiction thereof, for the acquisition of the real properties herein described by condemnation in accordance with the Eminent Domain Law, and to make an application to said court for an order for prejudgment possession if such is necessary to permit timely construction of the Project.
17. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED by the City Council this ___ day of _____________, 2025.
___________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
___________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the City
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28 CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
Council of said City at its meeting held on the ___ day of ___________, 2025, by the following vote, to wit:
Ayes:
Noes:
Absent:
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ___ day of _____________, 2025.
___________________________________
City Clerk of the City of Riverside
CL #23-1196.23
APNs: 210-190-014
210-190-016
210-190-020
210-190-025
210-190-027
EXHIBIT 1
FORM OF EASEMENTS
Street and Highway Easement
A permanent easement and right-of-way for public street and highway purposes, together with all rights to construct and maintain utilities, sanitary sewers, drains and other improvements consistent with the use as a public street and highway.
Access Easement
A permanent easement and right-of-way for the purpose of providing ingress and egress from Third Street to the facilities constructed and maintained by the City of Riverside (“City”) or BNSF Railway, in, under, upon, over and along the real property, together with the right to enter upon and to pass and repass over and along said real property by City, its officers, agents, and employees; and by persons under contract with City and their officers, agents, and employees; and by BNSF Railway and its successors and assigns, whenever and wherever necessary for the purpose of constructing, reconstructing, maintaining, operating, inspecting, repairing, replacing, relocating, renewing, and removing said facilities.
Temporary Construction Easement
A temporary easement and right-of-way for the purpose of installing public improvements. Such use may include, but is not limited to ingress and egress of persons and vehicles; the deposit of tools, equipment, machinery, supplies, and materials used in the performance of the construction; the construction and installation of wet and dry utilities, roadway slopes, retaining walls, hardscape, landscaping, irrigation facilities, driveway facilities, and temporary detour roadway facilities; regrading; and for similar and related purposes and other work necessary for the City of Riverside (“City”) and its officers, agents, employees, and contractors and their officers, agents, and employees to complete the project as determined by the City Engineer.
Upon completion of construction, City promises to remove all debris, waste, brush, or other materials deposited or placed upon the property subject to this temporary easement. City further promises to make all reasonable efforts to return the surface of the property, with the exception of vegetation and/or constructed slopes, to its original condition prior to entry. This temporary easement shall be in effect for 36 months from the date the City takes possession of the temporary easement or from November 3, 2025, whichever is later. The Grantor shall enter into an amendment contract to extend the term of the temporary easement if necessary. The City shall provide just compensation for the extended period.
EXHIBIT 1
LEGAL DESCRIPTION
Street and Highway Easement
Por. APN: 210-190-016
Address: 2509 3rd Street
That certain real property located in the City of Riverside, County of Riverside, State of California, being a portion of the Northwest Quarter of section 24, Township 2 South, Range 5 West, San Bernardino Base and Meridian, described as follows:
COMMENCING at a point on the North line of Blaine Street at its intersection with the centerline of Park Avenue, produced Northerly;
Thence Westerly, along said North line, a distance of 20.00 feet to the POINT OF BEGINNING; Thence Continuing Westerly, along said North line, a distance of 60.00 feet; Thence Northerly, at right angle to said North line, a distance of 10.00 feet to a line parallel with and distant 10.00 feet Northerly of said North line;
Thence Easterly, along said parallel line, a distance of 50.50 feet; Thence Northerly, at right angle to said North line, a distance of 6.50 feet to a line parallel with and distant 16.50 feet Northerly of said North line;
Thence Easterly, along said parallel line, a distance of 9.50 feet; Thence Southerly, at right angle to said North line, a distance of 16.50 feet to the POINT OF BEGINNING.
Area - 662 S.F. more or less
This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. ,,b 1£ =- q/1�� Prep. C.?.
Eswin 0. Vega, P.L.S. 9164 I �e
APN 210-190-016 RW
EXHIBIT 1
LEGAL DESCRIPTION
Access Easement
Por. APN: 210-190-025 & 027
Address: 2601 3rd Street
That certain real property located in the City of Riverside, County of Riverside, State of California, being a portion of the Northwest Quarter of Section 24, Township 2 South, Range 5 West, San Bernardino Base and Meridian, being a strip of land 20.00 feet in width, the centerline being described as follows:
COMMENCING at a point on the North line of 3rd Street (33 feet half width) at its intersection with the centerline of Park Avenue, produced Northerly; Thence North 89°59'16" East, along said North line, a distance of 25.00 feet; Thence North 00°02'49" East, a distance of 11.00 feet to a line parallel with and distant 44.00 feet Northerly, measured at right angles from the centerline of 3rd Street, being the POINT OF BEGINNING of said centerline description;
Thence continuing North 00°02'49" East, a distance of 592.88 feet to the beginning of a tangent curve concave Easterly, having a radius of 200.00 feet; Thence Northerly to the right along said curve an arc length of 74.26 feet, through a central angle of 21 °16'26";
Thence North 21° 19'16" East, a distance of 115.38 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 60.00 feet;
Thence Northerly and Northwesterly to the left along said curve an arc length of 94.25 feet, through a central angle of 90°00'00";
Thence North 68°40'44" West, a distance of 91.58 feet to the beginning of a tangent curve concave Southeasterly, having a radius of 35.00 feet;
Thence Southwesterly to the left along said curve an arc length of 50.18 feet, through a central angle of 82°09'02";
Thence South 29 ° 10'14" West, a distance of 157.19 feet to the beginning of a tangent curve concave Northwesterly, having a radius of 35.00 feet;
Thence Southerly to the right along said curve an arc length of 33.09 feet, through a central angle of 55°09'00" to the Northwesterly line of the Southern Pacific Railroad right of way, being the TERMINATION of said centerline description.
APN 210-190-025 n 027 Access Easement
The sidelines of said strip of land 20.00 feet in width shall be prolonged or shortened to terminate Southerly in a line parallel with and distant 44.00 feet Northerly, measured at right angles from the centerline of 3rd Street and shall be prolonged or shortened to terminate westerly in the Northwesterly line of the Southern Pacific Railroad right of way.
Area - 24,184 S.F. more or less
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act.
ByJ;. �-
Eswin 0. \::P.L.S. 9164
APN 210-190-025 n 027 Access Easement
/Zffe/'Z� Prep. C ,£,,1 loate
EXHIBIT 1
LEGAL DESCRIPTION
Temporary Construction Easement
Por. APN: 210-190-014
Duration: 36 months
That portion of the Southwest Quarter of the Northwest Quarter of Fractional Section 24, Township 2 South, Range 5 West, San Bernardino Base and Meridian, according to the official plat, described as follows:
BEGINNING at the point of intersection of the Northeasterly line of Third Street with the Northwesterly line of the Right of Way of the Southern Pacific Railroad; Thence Southeasterly along said Northeasterly line of Third Street, a distance of 63.86 feet to the point of intersection with the Southeasterly line of the Right of Way of the Southern Pacific Railroad;
Thence Northeasterly along said Southeasterly line of the Right of Way of the Southern Pacific Railroad, a distance of 9.00 feet to a line parallel with and distant 9.00 feet Northeasterly of said Northeasterly line of Third street; Thence Northwesterly, along said parallel line, a distance of 63.86 feet to said Northwesterly line of the Right of Way of the Southern Pacific Railroad; Thence Southwesterly along said Northwesterly line of the Right of Way of the Southern Pacific Railroad, a distance of 9.00 feet to the POINT OF BEGINNING.
Area - 575 S.F. more or less
THIS TEMPORARY EASEMENT SHALL BE IN EFFECT FOR 36 MONTHS FROM
THE DATE THE CITY TAKES POSSESSION OF THE TEMPORARY EASEMENT OR NOVEMBER 3, 2025, WHICHEVER IS LATER.
This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. .&.....EA __ -0 --+v?p--l--_s_...,------"�..,,__..,
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APN 210-190-014 TCE
EXHIBIT 1
LEGAL DESCRIPTION
Temporary Construction Easement
Par. AP N: 210-190-020
Address: 2609 3rd Street
Duration: 36 months
That certain real property located in the City of Riverside, County of Riverside, State of California, being a portion of the Northwest Quarter of Section 24, Township 2 South, Range 5 West, San Bernardino Base and Meridian, described as follows:
PARCEL A
COMMENCING at a point on the North line of Blaine Street at its intersection with the centerline of Park Avenue, produced Northerly;
Thence continuing along said centerline of Park Avenue, a distance of 10.00 feet to the Northeast corner of that parcel of land described in Quitclaim Deed to the City of Riverside, recorded January 12, 1976 as Instrument No. 4009 of Official Records of Riverside County, California;
Thence South 89°57'59" West, along the North line of said Quitclaim Deed, a distance of 178.69 feet to the POINT OF BEGINNING;
Thence continuing South 89°57'59" West, along said North line, a distance of 36.09 feet to the beginning of a tangent curve, concave Northerly, having a radius of 556.00 feet ; Thence Westerly to the right along said curve and said North line an arc length of 30.32 feet, through a central angle of 3°07'28";
Thence North 00° 36'19" West, leaving said North line, a distance of 39.18 feet; Thence North 89°57'59" East, a distance of 65.50 feet;
Thence South 01 °53'38" East, a distance of 40.02 feet to the POINT OF BEGINNING.
Area - 2,629 S.F. more or less
PARCELS
COMMENCING at a point on the North line of Blaine Street at its intersection with the centerline of Park Avenue, produced Northerly;
Thence continuing along said centerline of Park Avenue, a distance of 10.00 feet to the Northeast corner of that parcel of land described in Quitclaim Deed to the City of Riverside, recorded January 12, 1976 as Instrument No. 4009 of Official Records of Riverside County, California;
APN 210-190-020 TCE
Thence South 89°57'59" West, along the North line of said Quitclaim Deed, a distance of 178.69 feet;
Thence continuing South 89°57'59" West, along said North line, a distance of 36.09 feet to the beginning of a tangent curve, concave Northerly, having a radius of 556.00 feet ; Thence Westerly to the right along said curve and said North line an arc length of 68.38 feet, through a central angle of 7°02'48"to an angle point therein; Thence South 89°57'59" West, along said North line, a distance of 27.43 feet to the POINT OF BEGINNING;
Thence continuing South 89°57'59" West, along said North line, a distance of 0.51 feet to an angle point therein;
Thence North 00°02'00" West, along said North line, a distance of 4.18 feet to an angle point therein and the beginning of a non-tangent curve, concave Northeasterly, having a radius of 556.00 feet, a radial bearing to said point bears South 9°55'30" West; Thence Westerly to the right along said curve and said North line an arc length of 35.68 feet, through a central angle of 3°40'37" to an angle point therein; Thence North 29°28'06" West, leaving said North line, a distance of 27.37 feet; Thence South 60°52'53" East, a distance of 36.30 feet;
Thence South 29°07'07" West, a distance of 20.14 feet to the POINT OF BEGINNING.
Area - 801 S.F. more or less
THIS TEMPORARY EASEMENT SHALL BE IN EFFECT FOR 36 MONTHS FROM THE DATE THE CITY TAKES POSSESSION OF THE TEMPORARY EASEMENT OR NOVEMBER 3, 2025, WHICHEVER IS LATER
This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act.
A � � �41z� Prep. c. �.
Eswin 0. VegaY.l.S. 9164 •�
APN 210-190-020 TCE
EXHIBIT 2
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T.28., A.SW., S.B.M.
TEMPORARY
----:::ic�O�N
=
STRUCTION EASEMENT
P0R. APN: 210-190-014
AREA = 575 S.F.±
• CITY OF RIVERSIDE, CALIFORNIA•
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1 "=50' DRAWN BY: EV DATE: 9/26/23 SUBJECT: 2609 3RD STREET - R/W - APN 210-190-014 EXHIBIT 2
LINE DATA
SYM BEARING LENGTH
L 1 S89'57'59"W 20.00'
L2 N00'02'01"W 10.00'
L3 N89'57'59•E 50.50'
L4 N00'02'01 "W 6.50'
L5 N89'57'59•E 9.50'
L6 N00'02'01 "W 16.50'
NW1/ 4, SEC.24., T.2S., A.SW., S.8.M.
i:,, ,,,
STREET AND HIGHWAY EASEMENT
POR. APN: 210-1§0-01& /.REA• 662 S.F.:t
<r. 3RD MONUMENT CENTERLINE N89'57'59.E STREET
N84'58'12•E ----+--RR�-1.000.00'
CONSTRUCTION CENTE]JRU�N!£.E ___ +-_:.;:;.79i22.A848'
R=750.00'
BLOCK 1 --7
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IHITE'S ADDmo FAYLE'S
SUBDIVISION
M.B. 8/16 RIV. CO.
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• CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT IS SOLELY AN AID IN LOCAT ING THE PARC EL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1•=40' DRAWN BY: CURT DATE: 1/10/23 SUBJECT : 2609 3RD STREET - R/W - APN 210-190-016 EXHIBIT 2
LINE DATA
SYM B�ING LENGTH
CURVE DATA
SYM RADIUS DELTA LENGTH
C1 556.00' 3'07'28• 30.32'
C2 556.00' 7'02' 48• 68.38'
C3 556.00' 3•40•37• 35.68'
@ QUITCLAIM DEED TO THE CITY OF
RIVERSIDE RECORDED 1/12/1976
#4009 O.R. RIV. CO. L 1 S89'57'59"W 178.69'
L2 S89'57'59"W 36.09'
L3 N00'36'19"W 39.18'
L4 N89'57'59•E 65.50'
LS so1•53'38•E 40.02'
L6 S89'57'59"W 27.43'
L7 S89'57'59"W 0.51' tffi1/4, SEC.24., T.28., A.SW., S.B.M.
L8 N00'02'00"W 4.18'
L9 N29'28'06•E 27.37'
L10 S60'52'53.E 36.30' p,AOCEL 8 L11 S29'07'07"W 20 14' "" • TEMPORARY
CONSTRUCTION EASEMENT
o?f POR. Af>N: 210-190-020
� AREA = 801 S.F.±
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6 __ C
P.0.8. PAR. B P.0.8. PAR. A
PARCEL A
TEMPORARY
CONSTRUCTION EASEMENT
POR. APN: 216-190-020
AREA = 2,629 S.F.±
STREET
f3
� 3RD MONUMENT CENTERLINE N89'57'59.E
N84' 5B' 12•E
CONSTRUCTION CENTE�RU�N1t..E---+1...:.=-1t92f:.48ia'
c::) ---+--7Rf;;i=1,ooo.oo·
R=750:00' -:.r
cJ d a:
BLOCK1 --7
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8 1 I
FAYLE'S I �I SUBDMSION
I <CM.B. 8/16 RIV. CO. a..
9 • CITY OF RIVERSIDE, CALIFORNIA•
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1"=50' DRAWN BY: CURT DATE: 1/31/23 SUBJECT: 2609 3RD STREET - R/W - APN 210-190-020 EXHIBIT 2
EXHIBIT 2