September 2, 2025
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Consider Adopting a Resolution of Necessity to Acquire by Eminent Domain Permanent Road Easement Int
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and;
1. Consider adopting a Resolution of Necessity for the San Jacinto Street (Avenue) Safety Improvement Project and provide each party with an interest in the affected property, their attorneys or representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity;
2. Make the findings required by California eminent domain law (Code of Civil Procedure §§ 1240.030, 1245.230) that:
a. The public interest and necessity require the San Jacinto Avenue Safety Improvement Project (“Project”);
b. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; c. The permanent road easement interests to be acquired are necessary for the Project; and
d. The City has made offers of just compensation to the owners of record, consistent with Government Code § 7267.2. And;
3. Adopt Resolution No. 4094- A Resolution of Necessity authorizing the acquisition, by eminent domain, of permanent road easement interests in portions of the real property described as Assessor Parcel Numbers 439-120-047, 439-130-002, 439-130-003, 439- 140-007, 439-140-008, 439-140-009, 439-140-010, 439-170-014, 439-170-015, and 439- 170-022 (collectively, the “Properties”) for the Project.
BACKGROUND AND ANALYSIS:
The San Jacinto Avenue Safety Improvement Project will install over 1,600 linear feet of new sidewalk, 11 roadway lighting luminaires, and enhanced signage between Menlo Avenue and Commonwealth Avenue, directly improving pedestrian and vehicular safety. The Project will reduce traffic-related hazards, promote ADA accessibility, and enhance the overall visual character of San Jacinto Avenue.
The City retained Santolucito Doré Group, Inc. to prepare independent appraisals of the affected parcels. Consistent with Government Code § 7267.2, the City made written offers of just compensation to each owner based on the appraised fair market value of the required property interests. Two property owners accepted the City’s offer, and escrow closed on July 29, 2025; negotiations with the remaining owners are ongoing.
Litigation guarantees were obtained to confirm ownership of record. Notice of this public hearing was mailed on August 7, 2025, to all affected property owners in compliance with Code of Civil Procedure § 1245.235.
Eminent domain authority will be exercised only as a last resort, where (1) Negotiations have stalled;
(2) Owners have requested that the City proceed to condemnation for tax or other reasons; or (3) Eminent Domain is necessary to clear title. Adoption of the Resolution of Necessity will preserve the City’s ability to obtain possession of the necessary easement interests in time to meet project deadlines.
DESCRIPTION OF PROPERTY TO BE ACQUIRED:
The affected Properties are located in the City of San Jacinto, and more particularly described as Assessor Parcel Numbers 439-120-047, 439-130-002, 439-130-003, 439-140-007, 439-140-008, 439-140-009, 439-140-010, 439-170-014, 439-170-015 and 439-170-022.
The following table provides greater detail on the Properties and identifies the legal descriptions and exhibit numbers. These legal descriptions are also attached to the Resolution:
APN Record Owner Description of Property to be Acquired Exhibit 439-120-047 Jennifer Zeanzu Lui,
surviving trustee of the
Christopher & Jennifer
Lui Family Trust dated
April 28, 2008, etc., et al.
Permanent Road Easement. The site
address is 1868 S. San Jacinto Avenue,
San Jacinto, CA 92583. The property is
unimproved vacant land.
1 439-130-002 AK Limited Partnership,
a California partnership
Permanent Road Easement. The site
address is 2060 S. San Jacinto Avenue,
San Jacinto, CA 92583. The property is
vacant land with partial chain-link
perimeter fencing and billboard.
2 439-130-003 Hemacinto Manufactured
Housing Community,
LLC, a Delaware limited
liability company
Permanent Road Easement. The site
address is 2150 S. San Jacinto Avenue,
San Jacinto, CA 92583. The property is
improved with the Hemacinto Mobile
Park 55+.
3 439-140-007 Funeral Services, Inc., a
Nevada corporation
Permanent Road Easement. The site is
located SWC San Jacinto Street and
Midway Street, San Jacinto, CA. The
property is unimproved vacant land.
4 439-140-008 Suzi Terrazas, a widow Permanent Road Easement. The site address is 2270 S. San Jacinto Street, San
Jacinto, CA 92583. The property is
unimproved vacant land.
5 439-140-009 Patti C. Neff, as Trustee
of the Neff Living Trust,
Permanent Road Easement. The site
address is 24701 San Jacinto Street, San
6 APN Record Owner Description of Property to be Acquired Exhibit U/A dated August 19,
2023
Jacinto, CA 92582. The property is
improved with commercial and
residential structures.
439-140-010 Juan Carlos D. Redin &
Toni S. Redin, husband
& wife as joint tenants
Permanent Road Easement. The site
address is 2340 S. San Jacinto Avenue,
San Jacinto, CA 92583. The property is
improved with a commercial building,
operating as Emilio’s Restaurant with
parking and landscaping.
7 439-170-014
439-170-015
San Jacinto Valley
Cemetery District (Note:
Owner has accepted
City’s offer – This
property closed escrow
on July 29, 2025)
Permanent Road Easement. APN 439-
170-014 is located on the W/S of S. San
Jacinto Avenue, south of Midway Street,
San Jacinto, CA and APN 439-170-015
is located on the E/S of N. Santa Fe
Street, south of Midway Street, San
Jacinto, CA. The property is improved
with the San Jacinto Valley Cemetery.
8 439-170-022 James Nicholas Jones &
Charlotte Jones, Trustees
of the Jones Family
Revocable Trust for the
benefit of James
Nicholas Jones &
Charlotte Jones & others,
under instrument dated
3/27/02 (Note: Owner
has accepted City’s offer
– This property closed
escrow on July 29, 2025)
Permanent Road Easement. The site is
located on the W/S of S. San Jacinto
Avenue, south of Midway Street, San
Jacinto, CA. The property is unimproved
vacant land.
9 HEARINGS AND REQUIRED FINDINGS:
The recommended actions of the City Council pertain to the acquisition of the permanent road easement interests in the Properties.
California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
The four required findings are addressed as follows:
1. The Public Interest and Necessity Require the Proposed Project The San Jacinto Avenue Safety Improvement Project is necessary to protect the health, safety, and welfare of the City’s residents and visitors. San Jacinto Avenue is a heavily traveled corridor that currently lacks continuous pedestrian facilities, presenting significant hazards for pedestrians, bicyclists, and mobility-impaired users. The absence of safe, ADA-compliant sidewalks and roadway lighting increases the likelihood of vehicle-pedestrian conflicts, accidents, and injuries.
The Project will provide approximately 1,600 linear feet of new sidewalk, install 11 roadway lighting luminaires, and add traffic signage designed to calm traffic and improve visibility.
Collectively, these improvements will reduce the risk of accidents, facilitate safe multimodal travel, and advance regional goals for accessibility and mobility. The public interest and necessity therefore require implementation of the Project to remedy existing deficiencies in pedestrian infrastructure and improve overall roadway safety.
2. The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The San Jacinto Avenue Safety Improvement Project is designed to enhance pedestrian and traffic safety through the construction of new sidewalks, roadway lighting, and signage along San Jacinto Avenue. The roadway already exists, and its configuration dictates that the only feasible and safe location for new sidewalk facilities is immediately adjacent to the roadway. By necessity, the sidewalk must be located within the public right-of-way or directly adjoining the traveled way; there is no alternative alignment that would achieve the intended safety improvements or serve the public interest as effectively.
In evaluating design alternatives, City staff determined that placing the sidewalk on the west side of San Jacinto Avenue represents the option most compatible with the greatest public good and the least private injury. The west side alignment was selected because:
1. Existing Infrastructure Continuity – A greater portion of existing sidewalk is already located on the west side of the corridor, which minimizes the amount of new acquisition and construction required to establish a continuous pedestrian path of travel.
2. Minimized Private Impacts – Acquiring easements on the west side results in fewer encroachments into existing private improvements compared to the east side, thereby reducing potential disruptions to established businesses, residences, and landscaping.
3. Safety Considerations – The west side alignment provides a consistent, ADAaccessible pedestrian route directly adjacent to the roadway, eliminating gaps in the pedestrian network and improving visibility and safety for pedestrians and motorists.
4. Efficient Use of Public Funds – Concentrating improvements along the west side maximizes the benefit of limited grant and General Fund resources by leveraging existing infrastructure and reducing the scope of acquisitions required.
Accordingly, the location of the Project improvements along the west side of San Jacinto Avenue achieves the greatest public good by improving pedestrian safety and accessibility, while also ensuring the least private injury by avoiding unnecessary impacts to private property and improvements.
3. The Real Property to be Acquired is Necessary for the Proposed Project The permanent road easements described in Exhibits 1 through 9 are required to construct, operate, and maintain the sidewalk, lighting, and signage improvements associated with the Project. Without these acquisitions, the City will not have the legal right to enter, construct, or maintain the necessary facilities within the corridor.
The proposed acquisitions are limited to the minimum property interests necessary to complete the Project. No additional property beyond what is required to safely locate the sidewalk and associated improvements is being sought. Accordingly, the easement acquisitions are necessary and proportionate to the City’s stated public purpose.
4. The Offers of Just Compensation Have Been Made
The City retained independent, licensed appraisers to establish the fair market value of the affected property interests, consistent with California Government Code § 7267.2 and the definition of “fair market value” under California law. Written offers of just compensation were made to each property owner on the basis of these appraisals, and negotiations for voluntary acquisition have been conducted in good faith.
Although two property owners have accepted the City’s offer, negotiations with the remaining owners have not yet resulted in agreements. Nevertheless, the City has satisfied its statutory obligation by making written offers of just compensation prior to initiating eminent domain proceedings. This ensures that property owners have received an opportunity to negotiate a voluntary conveyance before the exercise of eminent domain authority.
APN Record Owner Date of Offer
439-120-047 Jennifer Zeanzu Lui, surviving trustee of
the Christopher & Jennifer Lui Family
Trust dated April 28, 2008;
Jen-Ming Lin;
Jong-Nan Hsu and Huey Mei Hsu,
husband and wife as joint tenants;
Yuan Hsing Wang and Lin Yu Lu Wang,
husband and wife as joint tenants;
Luke J. H. Sheu and Betty W. J. Sheu,
husband and wife as joint tenants;
Tsu Ho Lee;
Hong-Ling Lee and Tsu-Ho Lee, cotrustees for the 1996 Hong-Ling Lee and Tsu-Ho Lee Revocable Trust
April 23, 2025
439-130-002 AK Limited Partnership, a California
partnership April 23, 2025
439-130-003 Hemacinto Manufactured Housing
Community, LLC, a Delaware limited May 22, 2025
APN Record Owner Date of Offer
liability company
439-140-007 Funeral Services, Inc., a Nevada
corporation April 23, 2025
439-140-008 Suzi Terrazas, a widow April 23, 2025
439-140-009 Patti C. Neff, as Trustee of the Neff
Living Trust, U/A dated August 19, 2023 April 23, 2025
439-140-010 Juan Carlos D. Redin & Toni S. Redin,
husband & wife as joint tenants April 23, 2025
439-170-014
439-170-015
San Jacinto Valley Cemetery District April 23, 2025
439-170-022 James Nicholas Jones & Charlotte Jones,
Trustees of the Jones Family Revocable
Trust for the benefit of James Nicholas
Jones & Charlotte Jones & others, under
instrument dated 3/27/02
April 23, 2025
ENVIRONMENTAL ANALYSIS:
The Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). It qualifies for categorical exemptions under CEQA Guidelines § 15301(c) Existing Facilities and § 15303 New Construction of Small Structures, as it involves installation of sidewalks, lighting, and signage within an existing roadway corridor. The improvements represent minor alterations of existing public facilities and do not trigger any exceptions under CEQA Guidelines § 15300.2. Accordingly, staff has determined the Project to be categorically exempt from CEQA.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
The Project advances the City’s mobility and safety goals, including:
(a) Goal M-1.2 Access and Mobility – Ensuring safe, efficient travel for all roadway users. (b) Goal M-1.5 Transportation Improvements for All Users – Promoting multimodal safety through improved sidewalks, lighting, and signage.
(c) Goal M-1.6 ADA Accessibility – Providing ADA-compliant pedestrian facilities for mobility-impaired users.
(d) Goal M-7.1 Funding Sources – Leveraging state and federal funding to implement critical safety improvements.
CONCLUSION:
Adoption of Resolution No. 4094 - Resolution of Necessity will authorize the City to proceed with eminent domain if voluntary acquisitions cannot be completed in time, ensuring that the City can meet federal funding obligations and project construction schedules while safeguarding public health, safety, and welfare.
FISCAL IMPACT:
The City was awarded $440,100 in Highway Safety Improvement Program (HSIP) Cycle 10 grant funds for the Project. The FY 2025-26 Capital Improvement Program includes an additional $420,000 in General Fund appropriations, sufficient to cover anticipated acquisition costs (CIP #21-005).
ATTACHMENTS:
Resolution No. 4094 - Resolution of Necessity