1 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A
PERMANENT STREET AND HIGHWAY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF
CERTAIN REAL PR OPERTY FOR THE CONSTRUCTION OF THE
BROCKTON AVENUE TO PALM AVENUE RAILROAD QUIET ZONE
PROJECT, AND AUTHORIZING THE FILING OF EMINENT DOMAIN
PROCEEDINGS.
(Property: 6281 Brockton Avenue; Portion of APN: 225-032-028) WHEREAS, the City of Riverside ("City") is engaged in a public safety and quality of life project known as the Brockton Avenue to Palm Avenue Railroad Quiet Zone Project ("Project"); and
WHEREAS, the Project involves installing railroad, state, and federally mandated safety measures—including eight (8) new vehicular and four (4) new pedestrian railroad warning devices, raised medians, fencing, and ADA -compliant path -of-travel improvements —at the Brockton Avenue railroad crossing; and
WHEREAS, the Federal Railroad Administration (FRA) "Train Horn Rule" (49 CFR Part 222) generally requires trains to sound horns at 96–110 decibels for 15–20 seconds approaching these crossings, which occurs approximately 31 times daily (21 freight, 10 pass enger), causing sleep disturbance and adverse health impacts for residents; and WHEREAS, to establish a "Quiet Zone" and legally silence the routine sounding of train horns, the City must construct non-mountable medians, vehicular and pedestrian gates that strictly conform to Railroad, FRA, and California Public Utilities Commission (CPUC) requirements; and WHEREAS, notice of the intention of the City Council to consider the adoption of this Resolution of Necessity was mailed to the record owner(s) of the subject property in compliance with Code of Civil Procedure section 1245.235; and
WHEREAS, a public hearing was held by the City Council on January 6, 2026, at which time the Council received and considered all oral and written testimony, evidence, and objections
2 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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regarding the matters herein, including the staff report dated January 6, 2026, and the administrative record; and
WHEREAS, the City has complied with the California Environmental Quality Act (CEQA) by filing a Notice of Exemption with the Riverside County Clerk on July 18, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside as follows:
Section 1. The City Council hereby finds and determines each of the following in accordance with California Code of Civil Procedure sections 1240.030 and 1245.230, based on the substantial evidence contained in the staff report dated January 6, 2026, and the admini strative record:
A. The public interest and necessity require the proposed project.
The routine sounding of train horns at 96–110 dBA creates a significant public nuisance and health hazard. The Project is necessary to: (1) establish a railroad, state- , and federally approved Quiet Zone to eliminate this noise pollution; (2) upgrade aging crossing infrastructure to current Railroad standards as detailed in the CPUC authorization; and (3) provide a safe path for pedestrian traffic crossing the railroad tracks using active warnin g devices. Without the Project, the City cannot legally suspend the train horn requirement, and the safety and noise issues will persist.
B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
The Project alignment minimizes private injury by utilizing the smallest footprint possible (110.5 sq. ft. permanent easement and 132.5 sq. ft. temporary construction easement) to accommodate the required improvements . The vehicular and pedestrian gate locations are governed by Railroad standards and cannot be altered, ensuring the greatest public benefit in noise mitigation and safety enhancements while limiting private injury.
C. The property sought to be acquired is necessary for the proposed project.
3 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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The specific property interests—a permanent street and highway easement of 110.5 sq. ft. and a temporary construction easement of 132.5 sq. ft., over a portion of Lot 13 of Eastman Tract, as shown by map on file in Book 15, Page 60 of Maps, Records of Rive rside County, California, more particularly described and depicted in Exhibit "1" attached hereto and incorporated herein by this reference, and a temporary construction easement more particularly described and depicted in Exhibit "2" attached hereto and incorporated herein by this reference—are physically necessary to realign the existing concrete sidewalk and provide a viable and safe ADA -compliant path of travel for pedestrians toward the pedestrian gates. The temporary construction easement is necessary for adequate labor access during the construction period to remove the existing side metal gate to the property and reconstruct a new gate in -kind. Without acquiring these specific property interests, a viable and safe path of travel for pedestrians cannot be constructed, the Quiet Zone cannot be approved by the Railroad, CPUC, and FRA, and the Project cannot proceed.
D. The offer required by section 7267.2 of the Government Code has been made.
The City obtained an appraisal of the subject property interests from an independent, qualified appraiser and made a written statutory offer to the owner of record in the full amount of the appraised fair market value, which offer has been refused.
Section 2. Environmental Compliance.
The City Council acknowledges and affirms that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301 (Class 1 - Existing Facilities), as it involves the repair and minor alteration of existing public structures involving negligible expansion of use. A Notice of Exemption was filed with the Riverside County Clerk on July 18, 2024.
Section 3. Statutory Authority.
The City of Riverside is authorized to acquire the subject property interests by 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.
4 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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Section 4. Authorization to Acquire.
The City Attorney is authorized and directed to prepare, commence, and prosecute proceedings in eminent domain in the Superior Court of the County of Riverside to acquire the property interests described and depicted in Exhibits "1" and "2". The City Attorney is further authorized to seek an order for prejudgment possession pursuant to Code of Civil Procedure section 1255.410 et seq.
ADOPTED by the City Council this ___ day of _____________, 2026.
___________________________________
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 Council of said City at its meeting held on the ___ day of ___________, 2026, 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 _____________, 2026.
___________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
312023 DKC 12/16/25
EXHIBIT "1"
LEGAL DESCRIPTION
Street and Highway Easement
Project: Brockton Avenue Quiet Zone
Address: 6281 Brockton Avenue
Por. APN: 225-032-028
That portion of Lot 13 of Eastman Tract, as shown by map on file in Book 15, Page 60 of Maps, Records of Riverside County, California located in the City of Riverside, County of Riverside, State of California, described as follows:
COMMENCING at the Southeast corner of said Lot 13;
Thence South 89°16'37" West, along the Southerly line of said Lot 13, a distance of 4.00 feet to the Southwest corner of a Grant Deed in favor of the City of Riverside recorded August 12, 1977 as Instrument No. 156961 of Official Records of Riverside County, California and to the POINT OF BEGINNING;
Thence South 89°16'37" West, continuing along said Southerly line, a distance of 13.00 feet; Thence North 0°05'19" West, along a line parallel to the West line of said Grant Deed, a distance of 8.50 feet;
Thence North 89°16'37" East, along a line parallel to said Southerly line, a distance of 13.00 feet to the Westerly line of said Grant Deed;
Thence South 0°05'19" East, along said Westerly line, a distance of 8.50 feet to the POINT OF BEGINNING.
Area -110.5 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. \) tS vJ � t'J/1/2-,2.y Prep. _cs_
Douglas B. Webber, L.S. 9477 Date
6281 Brockton RW Legal dbw
SUBJECT: 6281 BROCKTON AVENUE - APN 225-022-028DATE: 5/9/23 DRAWN BY: CURT SCALE: 1"=30' SHEET 1 OF 1 ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN.
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE · CITY OF RIVERSIDE, CALIFORNIA .
N89'17'33"E
15 38.5' AVENUE DEWEY1
NO'05'04 W
8.50' S0'05'19"E
13.00' N89'16'37 EL5
R/W
8.50' NO'05'19 WL3
74.94'
13.00' $89'16'37 WL2
UPRR UPRR R/W 4.00' S89'16'37 WL1
SYM LENGTH BEARING
LINE DATA
L1
12 -P.O.B. 96.00'
P.O.C.-L5
BROCKTON
L4
AREA - 110/5 S.F.
POR APN 225-032-028
#156961 O.R. RIV. CO.
GRANT DEED REC. 8/12/1977
EASEMENT
STREET & HIGHWAY
M.B. 16/60 RIV. CO.
113.76 122.50
EASTMAN TRACT
NO'05'19"W
-
LOT 13 LOT 14
40'
44'
AVENUE
11.05' 89.15'-
N89'16 37 E
GARDENA DRIVE
EXHIBIT "1"
EXHIBIT "2"
EXHIBIT "2"
SUBJECT: 8281 BROCKTON AVENUE - APN 225-022-028DATE: 5/9/23DRAWN BY: CURTSCALE: 1"=30' SHEET 1 OF 1ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN.
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE · CITY OF RIVERSIDE, CALIFORNIA .
N89'17'33 E-
15'
38.5'
AVENUEDEWEY
NO'05'04 W 74.94'
5.00' N89'16'37"E
SO'05'19 E13.50
LB
L7
R/W18.00' S89'16'37 WL6
No 05'19 W
UPRRN89'16'37 E
5.00'
13.00'L5L4
8.50' NO'05'19 WL3
13.00' S89'16'37 W
4.00 S89'16'37 W12L1
SYM LENGTH BEARING
L2
P.O.B.
LINE DATA
L8
96.00'
P.O.C.
44'TL5 44'L7
BROCKTON
L6
AREA - 132.5 S.F.
POR APN 225-032-028
GRANT DEED REC. 8/12/1977
#156961 O.R. RIV. CO.
EASEMENT
TEMPORARY CONSTRUCTION
M.B. 16/60 RIV. CO.
113.76'
122.50'
EASTMAN TRACT
NO"05'19 W
LOT 13LOT 14
40'
AVENUE
11.0589.15'
N89'16 37 E
GARDENA DRIVE
EXHIBIT "2"
GARDENA DRIVE I I I I
- --N8-9" 16'37'E I - I I
I I I w
--==-.:::::::::-- ----.--;~-.1-5• -~~ i I' i i
I I j 40' I I I Ii:::
I LOT13 11!8 I' 11 LOT14
I ~ 11 ii I I
EASTMAN TRACT :! :~
11.B.I 16/60 RN. 00. I I"; ~ I I I
TEMPORARY CONSTRUCTION 11 1£ f; I I E'ASEMENT ....
POR APN 225-032-02& jv m~ I I AREA - 132.5 S.F. I /
I L6 '/
LINE DATA
SYM LENGTH BEARING
L1 4.00 S89"16'37"W
L2 13.00' S89"16'37"W
L3 8.50' N0"05'19"W
L4 13.00" N89"16'37"E
L5 5.00' N<T05'19"W
L6 18.00' S89"16'37"W
L7 13.50' S0'05'19"E
/. I / ~ L5 44' 44'1
I ~. cl~~r"T==++::~---1-~!fl-_J_~
1/1~ - --P.O.C. .A I
9&.oo· LB~ 'y~, , /I
P.OA ~ :; I I I
UPRR
R/W
I l I I
I ~ I I I
L8 5.00' N89"16'37"E ______ ____.__ - _J :a I ~
38.5'
DEWEY ~ AVENUE \ ------ N89"1_7,-M~"E-------~
• 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 • ... 30• I DRAWN BY: CURT DA'JE: 5/9/'" I SUBJECT: 8281 BROCKTON AVENUE - APN 225-022-028