RESOLUTION 2023-XX
CITY OF VISALIA
RESOLUTION OF NECESSITY
CALDWELL AVENUE WIDENING FROM
SANTA FE STREET TO LOVERS LANE PROJECT
WHEREAS, the City of Visalia (hereinafter referred to as “City”) is a municipal corporation and charter law city organized and existing pursuant to the laws of the State of California; and, WHEREAS, City has identified that portions of the following properties with legal descriptions and drawings showing the impacted area of each property attached to this Resolution. Each of these properties are located along Caldwell Avenue between Santa Fe Street and Lovers Lane in Visalia and the City requires portions of property from each parcel, and in one instance is seeking to acquire the entire parcel, as identified below for the project to widen Caldwell Avenue from Santa Fe Steet to Lovers Lane to its fully planned width:
Exhibit 1- APN 126-130-007 (Marks Property, entire parcel needed) Exhibit 2 – APN 126-130-009 (January Property)
Exhibit 3 - APN 126-130-013 (TeVelde Property)
Exhibit 4 - APN 126-670-023 & 126-670-024 (Ingram Family Trust Property) Exhibit 5 - APN 126-700-043 & 126-700-049 (Sahtout Inc. Property) Exhibit 6 - APN 123-300-040 (Fast N Esy #16 Corp Property) WHEREAS, City, pursuant to Article III of its charter, may acquire, maintain, and operate property inside or outside of the city limits for the construction of streets, roads, curbs, gutters, storm drainage and wastewater conveyance facilities, and for the improvement of the public safety may acquire such property for pedestrian and vehicular travel and circulation, all of which are purposes and activities of the City; and WHEREAS, several properties are located outside of current municipal boundaries and are an unincorporated area of Tulare County; and WHEREAS, California Streets and Highways Code section 1810 authorizes cities to acquire land by eminent domain in unincorporated county areas for projects to connect or widen streets within the city when the county agency has authorized such action, Tulare County has, by Tulare County Resolution No. 2023-0595, authorized the City of Visalia to utilize eminent domain as necessary in the area between Santa Fe Street and Lovers Lane; and WHEREAS, City is acquiring portions of the properties described in this Resolution of Necessity to improve and enhance Caldwell Avenue, specifically to improve pedestrian and vehicular circulation by widening the street to its fully planned width to provide four lanes for vehicle travel, along with related improvements for storm drainage, curb, gutter, and sidewalks; and WHEREAS, the City of Visalia Traffic Circulation Element to its General Plan has identified this project as one the City needs to complete within the current planning period, expiration 2030, to meet increased traffic demands due to the growth in this area; and WHEREAS, for years portions of Caldwell Avenue have been a two-lane street while some sections have expanded further as adjacent development has incurred, in most instances these additional lanes cannot be fully utilized to alleviate traffic issues because sections of Caldwell Avenue remain two lanes; and WHEREAS, the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project will complete the fully planned street width of Caldwell Avenue within the project area and is intended to improve the level of service provided by the roadway; and WHEREAS, each of the properties described herein is necessary for the proposed project, the street cannot be widened to match the planned width of Caldwell Avenue without each of these properties the planned street, curb, gutter, and sidewalk improvements cannot be built; and WHEREAS, the project is increasing storm drainage runoff from the wider roadway and project requires a location to place that runoff, which has been planned for construction on the property identified as Exhibit 1 located at the intersection of Ben Maddox Way and Caldwell Avenue. This parcel is currently improved with a single-family residence and outbuildings. The single-family residence is in the area needed for the intersection widening and the remainder of the property is planned for the location of the storm drainage basin needed for this project. If there is any remnant it will be in such size, shape, or condition to be of little market value, and is being sought for purchase by the City under California Code of Civil Procedure section 1240.420. This basin will be replaced with a regional drainage basin when the surrounding area is developed, but at time Ben Maddox Way will need to be extended to serve future development and the basin will be replaced with the extended street. The proposed location of these improvements is planned to be compatible with most public good at the least private expense by focusing project improvements in the area that will be permanently needed for street construction; and WHEREAS, City obtained an appraisal of the areas that it must acquire to construct the street improvements and made an offer to purchase each portion of property at the appraised value pursuant to the provisions of California Government Code Section 7267.2, however no negotiated purchase has been reached; and WHEREAS, in order to have sufficient space for construction of the roadway and adjacent road improvements, the City needs to acquire temporary construction easements behind permanent right of way acquisitions, these temporary easements will be for a period of 48 months, and are for the purpose of allowing City contractors on the designated portion of the property for purposes of constructing the road improvements, permanent improvements in the temporary construction easement, such as fencing, paving, trees, and sprinklers, area will be protected in place and replaced if damaged during the project; and WHEREAS, City provided notice of hearing to the owner of record of each property and provided them with an opportunity to be heard prior to the adoption of this resolution; and NOW, THEREFORE, BE IT RESOLVED, by the Visalia City Council that:
The officers of City are authorized and directed to cause the appropriate civil litigation to be instituted to acquire for City by condemnation the portion of real property described in the attached Exhibits:
Exhibit 1 refers to APN 126-130-007 owned by Fred Dale Marks and Paula Bobbie Marks. This exhibit contains a legal description and drawing of the land to be permanently acquired, consisting of the entire parcel. The parcel is located at the current termination of Ben Maddox Way, which will eventually continue through this parcel. The current project widens the intersection, which will take the existing residence. A drainage basin is also required for the current project and is planned to be located on this parcel near the storm drain lines in the roadway. Usage of nearly the entire parcel is anticipated between the intersection improvements and drainage facilities being built as part of this street widening project. The drainage basin will be needed for an unknown amount of time and then removed when the surrounding area is developed and a larger regional basin is built to serve the area, but at that time Ben Maddox Way will need to be extended and will replace the temporary basin over this parcel. If any property is not taken for these purposes, then the City is seeking to acquire the remnant, meaning a remainder of the property that will be left in such size, shape, or condition to be of little market value, under California Code of Civil Procedure section 1240.420.
Exhibit 2 refers to a portion of APN 126-130-009 owned by Rick G. January and Patricia A. January. This exhibit contains a legal description and drawing of the land to be acquired, approximately 0.15 acres or 6,384 square feet for permanent right of way, and approximately 0.10 acres or 4,560 square feet for a temporary construction easement.
Exhibit 3 refers to a portion of APN 126-130-013 owned by Bernard Alan TeVelde and Rebecca Dee TeVelde. The legal descriptions show the proposed permanent acquisition of 14,600 square feet, or 0.34 acres, and a temporary construction easement over 7,959 square feet, or 0.184 acres.
Exhibit 4 refers to a portion of APN 126-670-023 and APN 126-670-024 owned by the Ingram Family Trust. This exhibit contains a legal description and drawing of the land to be permanently acquired, 3,849 square feet or 0.09 acres, of which 263 square feet is within the Tulare Irrigation Canal easement, leaving 3,586 square feet or 0.08 acres of unencumbered property to be acquired. The permanent taking over APN 126-670-023 is approximately 1,215 square feet, and the permanent taking over APN 126-670-024 is approximately 2,634 square feet. There is also a temporary construction easement needed over a total 8,757 or 0.20 acres needed for the project. The temporary construction easement over APN 126-670-023 is approximately 0.042 acres, or 1,828 square feet, and over APN 126-670-024 is approximately 0.159 acres or 6,929 square feet.
Exhibit 5 refers to a portion of APN 126-700-043 and APN 126-700-049 owned by Sahtout Inc. This exhibit contains a legal description and drawing of the temporary construction easement that is needed, 0.14 acres or 6,167 square feet, there is sufficient space for the permanent right of way at this location, only a temporary construction easement is needed. From APN 126-700-043, a temporary construction easement of approximately 0.11 acres or 4,745 square feet is needed and from APN 126-700-049, a temporary construction easement of 1,422 square feet is needed.
Exhibit 6 refers to a portion of APN 123-300-040 owned by Fast N Esy 16 Corp. This exhibit contains a legal description and drawing of the land to be permanently acquired, approximately 109 square feet in size, and a temporary construction easement over approximately 0.11 acres or 4,951 square feet.
The public use and purpose of the project is to construct street improvements and related public improvements, specifically vehicle travel lanes, facilities for storm water drainage, space for wastewater conveyance lines, curb, gutter, and sidewalk.
The City is authorized by its charter and by state law to acquire real property and real property interests to construct public improvements.
The public interest and necessity require the proposed project. (CCP § 1245.230(c)(1).) 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. (CCP § 1245.230(c)(2).) The property described in this Resolution and the referenced Exhibits is necessary for the property project. (CCP § 1245.230(c)(3).) The City hired a professional appraiser licensed by the State of California to provide an appraisal of the properties described in this Resolution, the Visalia City Council reviewed the appraisals once completed and established the appraised values as just compensation for each property and those amounts were used in the written offers meeting the requirements of Government Code section 7267.2 that were mailed to the property owners. CCP § 1245.230(c)(4).) Pursuant to the requirements of CCP § 1245.235, the City provided written notice to the owner of record of this hearing.
References herein to CCP sections shall be to sections of the California Code of Civil Procedure.