City Council

12. Adopt Resolution of Necessity for Acquisition by Eminent Domain of Certain Real Property\nInterests for Public Purposes on APN 1192- 161- 21 for 9th Street Transit Stops Sidewalk and\nBikeway Improvements (" Project"), and Making Finding of Exemption Under CEQA Guidelines\nSections 15301( c) and lf)\nRECOMMENDATION: That the City Council:\n1) Adopt Resolution No. 2024-, which is a Resolution of Necessity of the City of\nHighland Declaring Certain Real Property Interests Necessary for Public Purposes and\nAuthorizing the Acquisition Thereof in Connection with the Project;\n2) Open and conduct a hearing on the adoption of the proposed Resolution of Necessity,\nreceive from city staff the evidence stated and referred to in this Agenda Report (" Report"),\ntake testimony from any person wishing to be heard on issues A, B, C, and D below, and\nconsider all evidence to determine whetherto adoptthe proposed Resolution of Necessity;\n3) If the City Council finds, based on the evidence contained and referred to in this Report, the\ntestimony and comments submitted to the City Council, that the evidence warrants the\nnecessary findings with respect to the proposed Resolution of Necessity, then city staff\nrecommends the City Council, in the exercise of its discretion, adopt proposed Resolution\nof Necessity No. 2024- ( which requires a 4/ 5ths vote of the entire City Council), and\nauthorize the City Attorney' s Office to file eminent domain proceedings to acquire the real\nproperty interests described below on the real property located at 26377 9th Street,\nHighland, California and identified as San Bernardino County Tax Assessor' s Parcel\nNumber 1192- 161- 21 (" Property"):\nAn approximate 522 square foot Permanent Roadway Easement described\nmore particularly in Exhibit " A" and depicted on Exhibit " B" to the attached\nResolution of Necessity.\nAn approximate 696 square foot Temporary Construction Easement ( TCE)\nwith a term of six months to help facilitate the construction of the Project. The\nTCE is described more particularly on Exhibit " C" hereto and depicted on\nExhibit " Y to the attached Resolution of Necessity.\nThe approximate 522 square foot Permanent Roadway Easement and the approximate 696\nsquare foot TCE are referred to below collectively as the " Subject Property Interests". The\nResolution of Necessity with its Exhibit " A", Exhibit " B", Exhibit " C", and Exhibit " D" is\nattached hereto and incorporated herein by this reference;\n4) If the City Council adopts the proposed Resolution of Necessity, authorize the City\nAttorney' s Office to file and prosecute eminent domain proceedings for the acquisition of\nthe Subject Property Interests by eminent domain;\n5) Authorize the City Manager to execute all necessary documents; and\n6) Authorize the City Clerk to certify the adoption of the Resolution of Necessity.