City Council

8.2\nHEARING TO CONSIDER RESO 2025-094 TO AMEND RESO 2020-043 DECLARING NECESSITY\nTO ACQUIRE BY EMINENT DOMAIN EXTENDED AND MODIFIED PROPERTY INTERESTS IN 151195 N. MCKINLEY AND 2275 SAMPSON (APNS 172-420-002, 003, 004 & 005) FOR MCKINLEY GS\nPROJECT\nThat the City Council:\na.\nConduct a public hearing to consider the adoption of the amended Resolution of Necessity\n(Reso 2025-094), including providing all parties interested in the affected property and their\nattorneys, or their representatives, an opportunity to be heard on the issues relevant to the\nResolution of Necessity.\nb.\nMake the following findings as hereinafter described in this report: 1.The public interest and\nnecessity require the proposed project;2.The project is planned or located in a manner that\nwill be most compatible with the greatest public good and the least private injury;3.The real\nproperty to be acquired is necessary for the project, and;4.The offer of just compensation has\nbeen made to the property owner.\nc.\nAdopt Resolution 2025-094, amending Resolution 2020-043, to declare the necessity to\nacquire by eminent domain the modified and extended temporary construction easement\ninterests and the new intermittent parking area and impaired irrigation area interests in in\ncertain property located at 151-195 N. McKinley Street and 2275 Sampson Avenue, identified\nas Assessor Parcel Nos. 172-420-002, 172-420-003, 172-420-004, and 172-420-005 for the\nconstruction and maintenance of the McKinley Street Grade Separation Project.\nd.\nAdopt Resolution 2025-094 to authorize the filing of a motion with the court where the\neminent domain proceeding for the acquisition of the property interests identified in\nResolution 2020-043 is pending for leave to amend the complaint to include the modified or\nadded interests as provided by Code of Civil Procedure section 1250.340, subdivision (b),\nwhich states:\n“A public entity may add to the property sought to be taken only if it has adopted a resolution of\nnecessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of\nChapter 4 for the property to be added.” (Cal. Civ. Proc. Code § 1250.340, subd. (b).)