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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, sanitary sewer facilities easement, access easements, and temporary construction easements . Parcel maps depicting the general locations and dimensions of the interest s 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 #23-1196.24
APNs: 213-142-015
213-142-028
EXHIBIT 1
FORM OF EASEMENTS
S
treet 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.
A
ccess 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.
S
anitary Sewer Easement
A
permanent easement and right-of-way for the construction, reconstruction, maintenance, operation, inspection, repair, replacement, relocation, renewal and removal of sanitary sewer facilities, together with all necessary appurtenances. Together with the right to clear and keep clear said easement and right-of-way from any structures or trees, to enter upon and to pass and repass over and along said real property, and to deposit tools, implements and other material thereon whenever and wherever necessary for the purpose of constructing, reconstructing, maintaining, operating, inspecting, repairing, replacing, relocating, renewing and removing said sanitary sewer facilities.
T
emporary 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.
U
pon 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
Access Easement
Por. APN: 213-142-015
Address: 3310 Vine Street
That certain real property located in the City of Riverside, County of Riverside, State of California, being the Southwesterly 10.00 feet of Parcel 14 of Parcel Map No. 26301, as shown by Map on file in Book 176, Pages 72 through 81 of Parcels Maps, Records of Riverside
County, California.
TOGETHER WITH that portion of said Parcel 14, described as follows:
BEGINNING at the intersection of a line parallel with and distant 10.00 feet Northeasterly, measured at right angles from the Southwesterly line of said Parcel 14 and
the Southeasterly line of said Parcel 14;
Thence North 60°14'03" West, along said parallel line, a distance of 45.93 feet; Thence North 74°23'40" East, a distance of 19.67 feet to a line parallel with and distant
24.00 feet Northeasterly, measured at right angles from the Southwesterly line of said Parcel 14;
Thence South 60°14'03" East along above said parallel line, a distance of 32.10 feet to the Southeasterly line of said Parcel 14;
Thence South 29°44'16" West along said Southeasterly line, a distance of 14.00 feet to the POINT OF BEGINNING.
Area - 3,810 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.
J- � • =- / o/ / B/?!,-Prep. €.. ,/.
Eswin 0. Vega, P.L.S. 9164 o ;Ae
APN 213-142-015 Access Easement Legal
EXHIBIT 1
LEGAL DESCRIPTION
Access Easement
Par. APN: 213-142-028
Address: 3350 Vine Street
That certain real property located in the City of Riverside, County of Riverside, State of California, being the Northeasterly 10.00 feet of Parcel 1 of Certificate of Compliance No. PW-011-956, recorded October 18, 1996, as Instrument No. 400680, Official Records of Riverside County, California.
Area - 3,264 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. � (£ l�/r;!:� Prep. 6'. V
Eswin 0. Vega, P.L.S. 9164 ate
APN 213-142-028 Access Easement Legal
EXHIBIT 1
LEGAL DESCRIPTION
Sanitary Sewer
Facilities Easement
Por. APN: 213-142-015
Address: 3310 Vine Street
That certain real property located in the City of Riverside, County of Riverside, State of California, being the Southwesterly 10.00 feet of Parcel 14 of Parcel Map No. 26301, as shown by Map on file in Book 176, Pages 72 through 81 of Parcels Maps, Records of Riverside County, California.
Area - 3,264 S.F. more or less
This description was prep ared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. {{- � •
/o/,�rep E. V,
swin 0. Vega::.s. 9164 I D
APN 213-142-015 Sewer Easement Legal
EXHIBIT 1
LEGAL DESCRIPTION
Street and Highway Easement
Por. APN: 213-142-015
Address: 3310 Vine Street
That certain real property located in the City of Riverside, County of Riverside, State of California,
being a portion of Parcel 14 of Parcel Map No. 26301, as shown by Map on file in Book 176, Pages 72 through 81 of Parcels Maps, Records of Riverside County, California, described as follows:
COMMENCING at the most Northerly corner of said Parcel 14; Thence South 6
0° 14'03" East, along the Northeasterly line of said Parcel 14, a distance of 44.00 feet to the most Northerly corner of an Easement for Sidewalks and Landscape Dedicated on said Parcel Map No. 26301 to the POINT OF BEGINNING; Thence South 74°44'56" West, along the Southerly line of said Easement, a distance of
4.35 feet to the beginning of a non-tangent curve concave Southwesterly, having a radius of 953.00 feet, a radial bearing to said point bears North 30°29'20" East; Thence Easterly to the right along said curve an arc length of 71.39 feet, through a central angle of 04°17'32";
Thence South 55°13'08" East, a distance of 25.39 feet;
Thence South 29°42'35" West, a distance of 7.44 feet;
Thence South 60°17'25" East, a distance of 78.18 feet;
Thence South 55°13'08' East, a distance of 23.57 feet;
Thence South 29°42'35" West, a distance of 4.02 feet;
Thence South 55°13'08" East, a distance of 62.83 feet;
Thence South 29°44'53" West, a distance of 29.82 feet;
Thence South 60° 15'02" East, a distance of 8.04 feet to the Southeasterly line of said Parcel 14;
APN 213-142-015 RW
Thence North 29 °44'58" East, along the Southeasterly line of said Parcel 14, a distance of 57.62 feet to most Easterly corner of said Parcel 14; Thence North 60° 14'03" West, along the Northeasterly line of said Parcel 14, a distance of 265.64 feet to the POINT OF BEGINNING.
Area - 4,209 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.
Eswin 0. Vega, P.L.S. 9164
APN 213-142-015 RW
loheft+ Prep. c.-s.
r ate
EXHIBIT 1
LEGAL DESCRIPTION
Temporary Construction Easement
Por. APN: 213-142-015
Address: 3310 Vine Street
Duration: 36 months
That certain real property located in the City of Riverside, County of Riverside, State of California, being a portion of Parcel 14 of Parcel Map No. 26301, as shown by Map on file in Book 176, Pages 72 through 81 of Parcels Maps, Records of Riverside County, California, described as follows:
COMMENCING at the most Northerly corner of said Parcel 14; Thence South 60° 14'03" East, along the Northeasterly line of said Parcel 14, a distance of 44.00 feet to the most Northerly corner of an Easement for Sidewalks and Landscape Dedicated on said Parcel Map No. 26301;
Thence South 74°44'56" West, along the Southerly line of said Easement, a distance of
4.35 feet to the beginning of a non-tangent curve concave Southwesterly, having a radius of 953.00 feet, a radial bearing to said point bears North 30°29'20" East and to the POINT OF BEGINNING;
Thence Easterly to the right along said curve an arc length of 71.39 feet, through a central angle of 04°17'32";
Thence South 55°13'08" East, a distance of 25.39 feet;
Thence South 29°42'35" West, a distance of 7.44 feet;
Thence South 60°17'25" East, a distance of 78.18 feet;
Thence South 55°13'08' East, a distance of 23.57 feet;
Thence South 29°42'35" West, a distance of 4.02 feet;
Thence South 55 °13'08" East, a distance of 62.83 feet; Thence South 30 °02'23" West, a distance of 29.82 feet; Thence North 16° 14'03" West, a distance of 16.00 feet; Thence North 30°02'23" East, a distance of 23.37 feet;
Thence North 60° 14'03" West, a distance of 47.70 feet, APN 213-142-015 TCE
Thence North 29° 45'57" East, a distance of 16.00 feet; Thence North 16°14'03" West, a distance of 212.27 feet to said Southerly line of Easement for Sidewalks and Landscape;
Thence North 74°44'56" east, along said Southerly line, a distance of 21.45 feet to the POINT OF BEGINNING.
Area - 2,512 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. h � '3/2/22 Prep. C.S.
Eswin 0. Vega, P.L.S. 9164 r ,fJate
APN 213-142-015 TCE
EXHIBIT 1
LEGAL DESCRIPTION
Temporary Construction Easement
Por. APN: 213-142-015
Address: 3310 Vine Street
Duration: 36 months
That certain real property located in the City of Riverside, County of Riverside, State of California, being the Northeasterly 5.00 feet of the Southwesterly 15.00 feet of Parcel 14 of Parcel Map No. 26301, as shown by Map on file in Book 176, Pages 72 through 81 of Parcels Maps, Records of Riverside County, California.
Area - 1,632 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.
APN 213-142-015 SewerTCE Legal
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