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: 6280 Brockton Avenue; Portion of APN: 225-041-007) 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 March 10 , 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 March 10, 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 March 10, 2026, and the administrative 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 (156 sq. ft. permanent easement and 150 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.
The specific property interests —a permanent street and highway easement of 156 sq. ft. and a temporary construction easement of 150 sq. ft., over a portion of Government Lot 3 in the
3 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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Fractional Northwest Quarter of Section 34, Township 2 South, Range 5 West, San Bernardino Meridian located in the City of Riverside , County of Riverside , California, more particularly described and depicted in Exhibit “ 1”and 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 necess ary for adequate labor access during the construction period to facilitate the construction of proposed new improvements. 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 R ailroad, 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.
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
4 City Attorney’s Office
3750 university ave. #250
Riverside, CA 92501
(951) 826-5567
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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 ___________, 2 026, 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 02/18/26
EXHIBIT "1"
EXHIBIT "1"
EXHIBIT "1"
LEGAL DESCRIPTION
Street and Highway Easement
Project: Brockton Avenue Quiet Zone
Address: 6280 Brockton Avenue
Por. APN: 225-041-007
That portion of Government Lot 3 in the Fractional Northwest Quarter of Section 34. Township 2 South, Range 5 West, San Bernardino Meridian located in the City of Riverside, County of Riverside, State of California, described as follows:
BEGINNING at the Southeast corner of Parcel 1 of Grant of Easement in favor of the City of Riverside recorded June 29, 1962, Instrument No. 61418 of Official Records of Riverside County, California, being the intersection of the Northerly line of the Union Pacific Railroad Right of Way and a line parallel with and distant 44.00 feet Easterly, measured at right angles from the centerline of Brockton Avenue;
Thence North 89°28'12" East, along the Northerly line of said Union Pacific Railroad Right of Way, a distance of 13.00 feet;
Thence North 0°05'19" West, along a line parallel to the Easterly line of said Parcel 1, a distance of 12.00 feet;
Thence South 89°28'12" West, along a line parallel to said Northerly line, a distance of 13.00 feet to said Easterly line,
Thence South 0°05'19" East, along said Easterly line, a distance of 12.00 feet, to the POINT OF BEGINNING;
Area - 156 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. � (2.,,C---- 5/fz/Z.J Prep. �
Curtis C. Stephens, L.S. 7519 Date
6280 Brockton RW Legal.doc
GARDENA I DRIVE
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POR. GOVERNMENT LOT 3
N.W. 1/4 SECTION 34
T.2S., A.SW., S.B.M.
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STREET & HIGHWAY
EASEMENT
POR APN 225-041-007
AREA - 156 S.F.
------v P.0.8.- LINE DATA
38.5'
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::; SYM LENGTH BEARING
L 1 13.00' N89'28' 12"E
L2 12.00' N0'05'19''W
L3 13.00' S89'28' 12"W
L4 12.00' S0'05'19"E
UPRR R/W
• 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 DATE: 5/12/23 SUBJECT: 6280 BROCKTON AVENUE - APN 225-041-007 EXHIBIT "2"EXHIBIT "2"
6280 Brockton TCE Legal.doc
DateCurtis C. Stephens, L.S. 7519
L.S. 7519
** STATE OF
5/12/23 Prep.
CURTIS
Cum en
LICENSEDconformance with the requirements of the Land Surveyors Act.
This description was prepared by me or under my direction in SURVEYOR * VINHOS
PSTEPHENS
Area - 150 S.F. more or less
OF BEGINNING;
Thence South 89º28'12" West, along said Northerly line, a distance of 5.00 feet to the POINT to said Northerly line;
Thence South 0º05'19" East, along a line parallel to said Easterly line, a distance of 17.00 feet feet;
Thence North 89º28'12" East, along a line parallel to said Northerly line, a distance of 18.00 Thence North 0º05'19" West, along said Easterly line, a distance of 5.00 feet feet to said Easterly line;
Thence South 89º28'12" West, along a line parallel to said Northerly line, a distance of 13.00 of 12.00 feet,
Thence North 0º05'19" West, along a line parallel to the Easterly line of said Parcel 1, a distance Way, a distance of 13.00 feet to the POINT OF BEGINNING; Thence North 89º28'12" East, along the Northerly line of the Union Pacific Railroad Right of centerline of Brockton Avenue;
of Way and a line parallel with and distant 44.00 feet Easterly, measured at right angles from the County, California, being the intersection of the Northerly line of the Union Pacific Railroad Right Riverside recorded June 29, 1962, Instrument No. 61418 of Official Records of Riverside COMMENCING at the Southeast corner of Parcel 1 of Grant of Easement in favor of the City of Riverside, State of California, described as follows:
South, Range 5 West, San Bernardino Meridian located in the City of Riverside, County of That portion of Government Lot 3 in the Fractional Northwest Quarter of Section 34. Township 2 Por. APN: 225-041-007
Address: 6280 Brockton Avenue
Project: Brockton Avenue Quiet Zone
Temporary Construction Easement
LEGAL DESCRIPTION
EXHIBIT "A"
SUBJECT: 6280 BROCKTON AVENUE - APN 225-041-007DATE: 5/12/23DRAWN 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 .
AVENUEN89'17'33"E
38.5'
DEWEYin
NO'05'04 "W 74.94'
5.00' S89'28'12"W17
SO'05'19"E17.00'L6
N89'28'12"E18.00'L5
NO"05'19"W5.00'L4
S89'28'12"W13.00'L3
UPRR R/W
12.00' NO 05'19"W
UPRR R/W
L2
13.00' N89'28'12"EL1
P.O.B.
SYM LENGTH BEARING
LINE DATA
2 LO
EASTMAN TRACT
L344'44'
BROCKTON
L4<
M.B. 16/60 RIV. CO.
15 AREA - 150 S.F.
PARCEL 1 OF GRANT OF EASEMWNT
REC. 6/29/1962 #61418 O.R. RIV. CO.
POR APN 225-041-007
EASEMENT
TEMPORARY CONSTRUCTION
113.76'
NO'05'19"W
T.2S ., R.5W ., S.B.M.
N.W. 1/4 SECTION 34
POR. GOVERNMENT LOT 3
LOT 13
AVENUE
44'
11.0589.15'
--
N89'16 37"E
DRIVEGARDENA