RESOLUTION NO. 2005-290

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVEDECLARING THE NECESSITY AND AUTHORIZING THE COMMENCEMENT OFEMINENT DOMAIN PROCEEDINGS TO SECURE REAL PROPERTY INTERESTS

NECESSARY TO CONSTRUCT THE GRANT LINE ROAD/STATE ROUTE 99IN"rERCHANGE RECONSTRUCTION PROJECT

Western BuyersPortion of APN 134-0220-054

WHEREAS, the improvement of the interchange of Grant Line Road and StateRoute 99 ("Project") holds a high priority in the City of Elk Grove Transportation CapitalImprovement Program and acquiring the necessary right-of-way and real propertyinterests is an important step in completing the Project; and

WHEREAS, as a part of the Project, it is necessary to acquire certain realproperty interests identified as a portion of APN 134-0220-054 ("Property") for theconstruction, operation and maintenance of right-of-way and related improvementsalong East Stockton Boulevard and Grant Line Road; and

WHEREAS, the City of Elk Grove has investigated and examined alternatives tothe Project and the acquisition of the Property, and concluded that both the Project andacquisition of the Property for the Project are necessary; and

WHEREAS, the Property, which is the subject of this Resolution of Necessity,consists of the parcels identified and described and depicted in Exhibits A, A-1, A-2 andB, B-1, B-2 which are attached hereto and incorporated herein; and

WHEREAS, the Property is located entirely within the municipal boundaries ofthe City of Elk Grove; and

WHEREAS, the City of Elk Grove has complied with the requirements of theCalifornia Environmental Quality Act, Public Resources Code section 21000, et seq., inregards to acquisition of the Properties based upon the City Council certifying anEnvironmental Impact Report for the Grant Line Road/State Route 99 InterchangeReconstruction Project on April 7, 2004; and

WHEREAS, the City of Elk Grove has complied with the requirements ofGovernment Code section 7267.2, in regards to acquisition of the Property by makingan offer to purchase to the known owner(s) of record; and

WHEREAS, as a result of the hearing held on September 14, 2005, and inaccordance with the provisions of Code of Civil Procedure section 1245.235, the CityCouncil of the City of Elk Grove intends to make certain findings and determinations.

-----------~--------,I

NOW, THEREFORE, be it resolved by the City Council of the City of Elk Groveas follows:

1. The recitals contained herein are true and correct; and

2. Upon examination of the alternatives, the City of Elk Grove requires theProperty for the Project; and

3. The City of Elk Grove is authorized to acquire the Property pursuant to theprovisions of Government Code sections 37350.5, 37353, 40401 and 40414and the provisions of the Eminent Domain Law comprising Title 7, Part 3 ofthe Code of Civil Procedure (commencing at section 1230.010); and

4. Acquisition of the Property for Project purposes promotes public safety andthe general welfare, is authorized by Government Code sections 37350.5,37353, 40401 and 40414, and is therefore a public use; and

5. The City of Elk Grove hereby finds, determines and declares:

a. The public interest and necessity require the proposed Project; and

b. The proposed Project is planned or located in the manner that will bemost compatible with the greatest public good and the least privateinjury; and

c. The Property, consisting of a partial Fee Simple Interest described inExhibit A and depicted in Exhibit B; a Public Utility Easement describedin Exhibit A-1 and depicted in Exhibit B-1; and a TemporaryConstruction Easement described in Exhibit A-2 and depicted inExhibit B-2, is necessary for the purposes of construction, operationand maintenance of the proposed Project; and

d. Prior to making the above findings and determinations, the offerrequired by section 7267.2 of the Government Code was made to theowner(s) of record of the Property interests described and depicted inExhibits A, A-1 ,A-2, B, B-1, and B-2 and

e. The Property is being acquired for compatible use under Code of CivilProcedure section 1240.510 in that the City of Elk Grove's use of theProperty will not interfere with or impair the continued public use as itnow exists or may reasonably be expected to exist in the future, or, inthe alternative, for a more necessary public use under Code of CivilProcedure section 1240.610 in that the City's use of the Property is amore necessary public use than the use to which the Property isappropriated.

6. The City Attorney is hereby authorized and directed to prepare, commenceand prosecute proceedings in eminent domain in the appropriate court toacquire for the City of Elk Grove the Property interests described anddepicted in Exhibits A, A-1, A-2, B, B-1, and B-2. The City Attorney is furtherauthorized to take all steps necessary to obtain such orders for immediatepossession of the Property interests as may be required for the Project.

PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14th day ofSeptember 2005.

DA , AYOR of theITY OF ELK GROVE

ATrEST:

~KAPPROVEDqO FORM:

ANTO's. MANZANETTI,CITY ATTORNEY

Exhibit'A' Page 1 of 2

City Parcels 04-15-05-A & -cIn or near APN 134-0220-054

Located in the City of Elk Grove, County of Sacramento, State of California, being a part of Parcel 2shown on the Parcel Map filed December 4, 1979, in Book 53 of Parcel Maps at Page 38, SacramentoCounty Records, and more particularly described as follows:

BEGINNING at the southerly corner of said Parcel 2, on the northeasterly right of way line of thefrontage road (now known as East Stockton Boulevard) shown on the map filed April 29, 1958, inState Highway Map Book 4 at Page 25, Sacramento County Records; thence along said northeasterlyright of way line the following two courses: 1) North38°47'08"West a distance of 118.921 meters;thence 2) North31 °06'48"West a distance of 36.562 meters to the westerly corner of said Parcel 2;thence along the northwesterly boundary line of said Parcel 2, North49°03'42"East a distance of16.349 meters; thence along a non-tangent curve to the left having a radius of 250.848 meters, a chordbearing South33°27'24"East 3.994 meters, through a central angle of 0°54'44" an arc length of 3.994meters to a point of tangency; thence South33°54'46"East a distance of 152.045 meters to thesoutheasterly boundary line of said Parcel 2; thence along last said line, South49°03'42"West adistance of 7.939 meters to the POINT OF BEGINNING.

EXCEPTING THEREFROM, this parcel: BEGINNING on said northeasterly right ofway line,distant thereon South38°47'08"East 14.840 meters from the northwesterly terminus of the courseabove having a length of 118.921 meters; thence along said northeasterly right of way line thefollowing two courses: 1), North38°47'08"West a distance of 14.840 meters; 2) thenceNorth3!°06'48"West a distance of 25.809 meters; thence South33°54'46" East a distance of 40.564meters to the POINT OF BEGINNING.

Containing an area, less exception, of 0.21429 hectares (23,066 square feet or 0.5295 acres), more orless.

The bearings and distances used in the above description are based upon the California Coordinate System of 1983,Zone 3. Divide the above distances by 0.99999 to obtain ground level distances. To convert meters to U.S. surveyfeet, multiply the distance by 3937/1200. To convert hectares to acres, multiply hectares by 2.47l±.

This real property description has been prepared at Mark Thomas & Co. Inc., by me, or under mydirection, in conformance with the Professional Land Surveyor's Act.

p~4./4*Daniel H. ThorpeProfessional Land SurveyorCalifornia No. 6455

28

March 22, 2005Date

Exhibit'A' Pa-ge 2 of 2

City Parcel 04-15-0S-DIn or near APN 134-0220-054

Locatedin the City of Elk Grove, Countyof Sacramento, StateofCalifornia, beinga part of Parcel2shownon the Parcel Map filed December 4, 1979, in Book 53 ofParcel Maps at Page 38, SacramentoCountyRecords, and more'particularly described as follows:

COMMENCING at the southerlycomer of said Parcel2, on the northeasterly right ofway line of thefrontage road (now known as East StocktonBoulevard) shownon the map filed April 29, 1958, inStateHighwayMap Book 4 at Page 25, Sacramento CountyRecords; thencealongsaid northeasterlyright ofway line, North38°47'08"West a distance of 104.081 meters to the POINT OF BEGINNINGat a point distant South38°47'08"East 14.840 meters from the northwesterly terminus of the courseshown on said ParcelMap having a length of 390.08'; thencealong said northeasterly right of wayline the following two courses: 1)North38°47'08"West a distance of 14.840 meters; thence 2)North31006'48"West a distanceof 25.809meters; thence South33°54'46"East a distance of40.564meters to the POINT OF BEGINNING.

Containing an area of 0.00256hectares (276 square feet or 0.0063 acres), moreor less.

This conveyance is made for the purposeofa freeway and the grantorherebyreleases andrelinquishes to the granteeany and all abutter's rights including access rights, appurtenant to grantor'sremaining property, in and to said freeway.

The bearings and distances used in the above description are based upon the California Coordinate System of 1983,Zone 3. Divide the above distances by 0.99999 to obtain ground level distances. To convert meters to U.S. surveyfeet, multiply the distance by 3937/1200. To convert hectares to acres, multiply hectares by 2.471±.

This real propertydescription has been preparedat MarkThomas & Co. Inc., by me, or undermydirection, in conformance with the Professional Land Surveyor's Act.

e~1~Professional Land SurveyorCalifornia No. 6455

March22. 2005Date

29

Exhibit 'B' Page 1 of 2

382

40m20m

60' 120'

53 PMPcrc el

APN 134-0220-054

I I I I I I I I IAbutter's Rights Including

Access Rights Relinquished

Om

04-15-05-ANew Fee

IN THE CITY OF ELK GROVESACRAMENTO COUNTY, CALIFORNIACITY PARCELS 04-15-05-A 8 -c

EXHIBIT B Plat to Accompany Legal DescriptionFee Take of O.21429±hectares

(23.066±sq.ft. or O.5295±acres) inAPN 134-0220-054

Scale 1: 750Date 22-Mar-2005Drawn By Stanley

hecked ByThorpe

;-3604/053

Bearings and distances shown are based on the California ,Coordinate System of 1983. Zone 2, in U.S. Survey Feet.Divide distances shown by 0.99999 to get ground level distances.

This exhibit is for graphic p,- r _ _ _ _ _ __.,- , _

or omissions shall not effect the deed descriptions.

(€j) MarkThomas &CompanyInc.

Exhibit 'B' Page 2 of 2

40m20m

53 PM 38Porc el 2

APN 134-0220-054

60' 120'

I I I I I I I I IAbutter's Rights Including

Access Rights Relinquished

Om

O·

C03~361-1)(State Parcel No.)

This exhibit is for graphic p. ." _.. _. _or omissions shall not effect the deed descriptions.

Scale 1: 750 EXHIBIT B Plat to Accompany Legal DescriptionDate 22-Mar-2005 Fee Take of 0.00256±hectaresDrawn By Stanley (276±sq.ft. or O.0063±acres) inChecked By Thorpe APN 134-0220-054

,..-3604/053

Bearings and distances shown are based on the California ,Coordinate System of 1983. Zone 2. in U.S. Survey Feet.Divide distances shown by 0.99999 to get ground level distances.

@) Mark IN THE CITY OF ELK GROVE~ ~o~~~~ SACRAMENTO COUNTY, CALIFORNIA

Inc. CITY PARCEL 04-15-05-0

Exhibit 'A-l' Page 1 of2

City Parcel 04-15-05-BIn APN 134-0220-054

Located in the City of Elk. Grove, County of Sacramento, State of California, being a 3.810 meterwide strip of land in Parcel 2 shown on the Parcel Map filed December 4, 1979, in Book 53 of ParcelMaps at Page 38, Sacramento County Records, and more particularly described as follows:

COMMENCING at the southerly comer of said Parcel 2, on the northeasterly right of way line of thefrontage road (now known as East Stockton Boulevard) shown on the map filed April 29, 1958, inState Highway Map Book 4 at Page 25, Sacramento County Records; thence along the southeasterlyboundary line of said Parcel 2, North49°03'42"East a distance of 7.939 meters to the POINT OFBEGINNING; thence North33°54'46"West a distance of 152.045 meters to a point of curvature;thence along a tangent curve to the right having a radius of250.848 meters, a chord bearingNorth33°27'24"West 3.994 meters, through a central angle of 0°54'44" an arc length of3.994 metersto the northwesterly boundary line of said Parcel 2, distant thereon 16.349 meters northeasterly fromthe westerly comer of said Parcel 2; thence along said northwesterly boundary line,North49°03'42"East a distance of3.847 meters; thence along a non-tangent curve to the left, having aradius of247.038 meters, a chord bearing South33°23'42"East 4.464 meters, through a central angleof 1°02'08" an arc length of 4.465 meters to a point of tangency; thence South33°54'46"East adistance of 151.576 meters to said southeasterly boundary line ofParcel 2; thence along saidsoutheasterly boundary line, South49°03'42"West a distance of3.839 meters to the POINT OFBEGINNING.

Containing an area of 0.05945 hectares (6,399 square feet or 0.1469 acres), more or less.

The bearings and distances used in the above description are based upon the California Coordinate System of 1983,Zone 3. Divide the above distances by 0.99999 to obtain ground level distances. To convert meters to U.S. surveyfeet, multiply the distance by 3937/1200. To convert hectares to acres, multiply hectares by 2.471±.

This real property description has been prepared at Mark Thomas & Co. Inc., by me, or under mydirection, in conformance with the Professional Land Surveyor's Act.

p~A{/~..Daniel H. ThorpeProfessional Land SurveyorCalifornia No. 6455

March 22. 2005Date

33

Exhibit'A-I' Page 2 of 2

The purpose of the Public Utility Easement is for construction, re-construction, installation, use, repair, rehabilitation andmaintenance of public utilities inclusive of water, gas, sewer, drainage pipes, poles, overhead wires and appurtenancesthereto, over, across, and under all that real property situated in the City of Elk Grove, County of Sacramento, State ofCalifornia.

34

Exhibit'B-1' Page 1 of 1

20rn

60'

53 PMPdrc el

APN 134-0220-054

0'

IN THE CITY OF ELK GROVESACRAMENTO COUNTY, CALIFORNIA

CITY PARCEL 04-15-05-8EXHIBIT B Plat to Accompany Legal Description

Public Utility Easement of O.0594S±hectares(6,399±sq.ft. or O.1469±acres) in

APN 134-0220-054

Scale 1: 750Dote 22-Mar-200SDrawn By StanleyChecked By Thorpe

This exhibit is for graphic purpl.___ _."J. • W'J _" _.­

or omissions shall not effect the deed descriptions.

® R=247.038m&=1 "02'OS-L=4.46SrnCh=S33"23'42-E4.484m

CD R=2S0.S48mfF0"54'44-L=3.994mCh=N33"27'24-W3.994m

r:O~4--":"":15:---=O'="'5-"""':B~

New P.U.E.3.S10rn(12.S')

~VJ'

F·

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7 tPx "'1ct­rQ,~~~. tJJ: '!>.qp.

:9'-1 ~ ~~ ~-'"~ ~ ~ ~~A~~ '!"\~ v~. J?~#. 7J~

~ ~ r-~ ~ ~~

~ % <2 "'."~ -<9' O~ -,

~ ~~ ~k ~.n u ~

'"T9 ~ -:'\,-3604/053

Bearings and distances shown are based on the California ~Coordinate System of 1983, Zone 2, in U.S. Survey Feet.Divide distances shown by 0.99999 to get ground level distances. ,

€iJ Mar1<Thomas &CompanyInc.

(

Exhibit 'A-2' Page 1 of2City Parcel04-l5-05-EIn APN 134-0220-054

Locatedin the City of Elk Grove, Countyof Sacramento, State of California, beinga 3.810 meterwide strip of land in Parcel2 shown on the ParcelMap filed December 4, 1979, in Book 53 of ParcelMapsat Page 38, Sacramento CountyRecords, and moreparticularly described as follows:

COMMENCING at the southerly comer of said Parcel2, on the northeasterly right of way line of thefrontage road (now knownas East Stockton Boulevard) shownon the map filed April 29, 1958, inStateHighwayMap Book4 at Page 25, Sacramento CountyRecords; thencealongthe southeasterlyboundary line of saidParcel 2, North49°03'42"East a distance of 7.939 meters to the POINT OFBEGINNING; thenceNorth33°54'46"West a distance of 152.045 meters to a point of curvature;thence along a tangentcurve to the right having a radius of 250.848 meters, a chordbearingNorth33°27'24"West 3.994meters, througha centralangle of 0°54'44" an arc lengthof 3.994 metersto the northwesterly boundary line of said Parcel 2, distantthereon 16.349 meters northeasterly fromthe westerlycomer of said Parcel 2; thencealong said northwesterly boundary line,North49°03'42"East a distanceof3.847 meters; thence along a non-tangent curveto the left, having aradiusof 247.038 meters, a chordbearing South33°23'42"East 4.464 meters, through a central angleof 1°02'08" an arc length of 4.465 meters to a point of tangency; thence South33°54'46"East adistance of 151.576 meters to said southeasterly boundary line of Parcel2; thence along saidsoutheasterly boundaryline, South49°03'42"West a distance of3.839 meters to the POINT OFBEGINNING.

Containing an area of 0.05945 hectares (6,399 square feet or 0.1469 acres), more or less.

The bearings and distances used in the abovedescription are basedupon the California Coordinate Systemof 1983,Zone 2. Divide the abovedistancesby 0.99999to obtain ground leveldistances. To convertmeters to U.S. surveyfeet, multiplythe distanceby 3937/1200. To converthectares to acres,multiply hectaresby 2.471±.

This real propertydescription has been preparedat Mark Thomas & Co. Inc., by me, or under mydirection, in conformance with the Professional Land Surveyor'sAct.

1Z~r~DanielH. ThorpeProfessional Land SurveyorCalifornia No. 6455

April 26. 2005Date

37

38

. Exhibit'A-2' Page 2 of 2

The term of the Temporary Construction Easement is for two years and shallterminate upon the complete of the construction of the Grant Line Road/StateRoute 99 Interchange Project, or March 1, 2008 whichever occurs earlier.

Exhibit 'B-2' Page lof I

~Mark IN THE CITY OF ELK GROVErnt -g'o:p~~~ SACRAMENTO COUNTY, CALIFORNIAInc. CITY PARCEL 04-15-05-E

40m20m

53 PM 38!Pdrc el 2

APN 134-0220-054

Om

Scale 1: 750 EXHIBIT B Plat to Accompany Legal DescriptionDate 26-Apr-2005 Temporary Construction Easement of O.05945±hectaresDrawn By Stanley (6,399±sq.ft. or O.1469±acres) inChecked By Thorpe APN 154-0220-054

This exhibit is for graphic PUrpO:SCll5 Ullll' ,..,11 CIIUI~

or omissions shall not affect the deed descriptions.

® R=247.038mls=1"02'08­L=4.465mCh=S33"23'42-E4.464m

If'R=250.848m\V /FO'54'44-

L=3.994mCh=N33"27'24-W3.994m

rO~"--~15~-~0~5--E~

T.C.E.

~""~~""~~'" '19V ~

~

~3604/053

Bearings and distances shown are based on the California \..Coordinate System of 1983, Zone 2, in meters. Divide '\distances shown by 0.99999 to get ground level distances.

CERTIFICATlONELK GROVE CITY COUNCIL RESOLUTION NO. 2005·290

STATE OF CALIFORNIA )COUNTY OF SACRAMENTO) ssCITY OF ELK GROVE )

I, Peggy E. Jackson, City Clerk of the City of Elk Grove, California, do herebycertify that the foregoing resolution was duly introduced, approved, and adoptedby the City Council of the City of Elk Grove at a regular meeting of said Councilheld on the 14th day of September, 2005 by the following vote:

AYES 5:

NOES 0:

COUNCILMEMBERS:

COUNCILMEMBERS:

Scherman, Soares, Briggs, Cooper, Leary

ABSTAIN 0: COUNCILMEMBERS:

ABSENT 0: COUNCILMEMBERS:

Peggy E. Jackson, City ClerkCity ofElk Grove, California