Preview
Seed
Superior Court of California
mento
LISA A. TRAVIS, County Counsel
[State Bar No. 184793 O8/26/202
JANICE M. SNYDER, Assistant County Counsel cdone
[State Bar No. 198673]
KEITH W. FLOYD, Deputy County Counsel By Deputy
[State Bar No. 164914 23CV009034
COUNTY OF SACRAMENTO
700 H Street, Suite 2650
Sacramento, CA 95814
Telephone: (916) 874-5581
Facsimile: (916) 874-8207
E-mail: floydk@saccounty.gov
File No.: 127093-000023
Attorneys for Plaintiff, County of Sacramento
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SACRAMENTO
11 COUNTY OF SACRAMENTO, a political Case No.
subdivision of the State of California
12 COMPLAINT IN EMINENT DOMAIN
Plaintiff, [Code Civ. Proc., § 1250.310]
13
VS. Portions of APN: 062-0080-073
14
SWCA 8870 FRUITRIDGE ROAD, LLC; a
15 Delaware limited liability company;
EXTRA SPACE STORAGE, LP, a
16 Delaware limited partnership; DOES 1
through 30, inclusive; and all persons
17 unknown claiming an interest in the
property described in the Complaint,
18
Defendants.
19
20 Plaintiff alleges as follows:
21 1 Plaintiff COUNTY OF SACRAMENTO (hereinafter “Plaintiff” is, and at all
22 times herein mentioned was, vested by law, pursuant to Government Code sections 25350.5;
23 Streets and Highways Code section 943; and Streets and Highways Code section 1700 et seq.
24 with the authority to exercise the power of eminent domain to acquire property for public uses.
25 2 After due notice pursuant to Code of Civil Procedure section 1245.235, and prior
26 to the commencement of this action, the Plaintiff's Board of Supervisors, at a duly and regularly
27 convened public meeting on August 22, 2023, passed and adopted Resolution No. 2023-0716, a
28
-1-
COMPLAINT IN EMINENT DOMAIN
Resolution of Necessity, (hereinafter the “Resolution”) declaring and determining that the public
interest and necessity require the acquisition by Plaintiff of certain property described herein for
South Watt Avenue Improvement Project (“Project”).
3 Plaintiff's Board of Supervisors found and determined and declared in the
Resolution that:
(a) The public interest and necessity require the proposed project;
(b) The proposed project is planned and located in the manner that will be
most compatible with the greatest public good and the least private injury;
(c) The interest in the property sought to be acquired is necessary for the
10 project; and
11 (d) The offer required by Government Code section 7267.2 has been made to
12 the owners of record.
13 A copy of the Resolution with exhibits and attachments is attached hereto as Exhibit “A”,
14 incorporated herein and made a part of this complaint.
15 4. The Resolution was passed and adopted by more than a two-thirds vote of
16 Plaintiff's Board of Supervisors, and each and every matter, fact, and thing set forth therein is
17 and was true.
18 5 The property interests described herein and sought to be acquired by Plaintiff
19 (hereinafter the “subject property”) consist of required Project easements across potions of a
20 larger parcel.
21 6 The general location of the parcel on which the property interest is sought is 8870
22 Fruitridge Road, Sacramento, California in the County of Sacramento. A map showing the
23 general location of the larger parcel within which the property is located is attached as
24 Attachment “A” of Exhibit “A”.
25 7 Plaintiff seeks to acquire an approximately 974 square foot public utilities and
26 public facilities easement and an approximately 3,863 square foot temporary construction
27 easement across portions of APN 062-0080-073 as part of its Project.
28
2-
COMPLAINT IN EMINENT DOMAIN
8 The legal descriptions of the easement areas property to be acquired by Plaintiff
across portions of the larger parcel are set forth in Attachments “B” and “E” to Exhibit “A”
attached hereto and incorporated herein by reference as though set forth in full.
9 Plat maps showing the location of the easement areas and the larger parcel are
attached as Attachments “C” and “F” of Exhibit “A” hereto.
10. Scope of use language for the corresponding and respective easement interests
and temporary construction easement is set forth in Attachments “D” and “G” to Exhibit “A”.
11. Each defendant named herein appears of record or is known or believed by
Plaintiff to have a claim or interest in the property.
10 12. Plaintiff is informed and believes that the interests of Defendants as known to
ll Plaintiff, by way of example and not as allegations to which Plaintiff intends to be bound, are as
12 set forth below:
13 Defendant: Interest:
14 SWCA 8870 Fruitridge Road, LLC Fee simple
15
Extra Space Storage LP Tenant, per current lease.
16
17 13. Defendants named herein as Does 1 through 30, inclusive, have, or claim to have
18 an interest in the subject property, the exact nature of which is unknown to Plaintiff at this time.
19 The true names or capacities, whether individual, corporate, associate, or otherwise, of
20 defendants named herein as Does 1 through 30, inclusive, are unknown to Plaintiff, which
21 therefore sues such defendants by such fictitious names. Plaintiff will ask leave to amend this
22 complaint to show the true names, capacities and interests of said defendants when the same
23 have been ascertained.
24 14, Plaintiff also names as defendants all persons unknown claiming an interest in the
25 property.
26 15. Plaintiff claims no preexisting interest in the property sought to be taken.
27 //1
28
ik
COMPLAINT IN EMINENT DOMAIN
16. Plaintiff claims a lien interest for all property taxes and assessments as may be
due and payable on the date of possession.
17. Plaintiff has made every reasonable effort to acquire the subject property
expeditiously by negotiation.
WHEREFORE, Plaintiff prays judgment as follows:
1 The property described herein be condemned to Plaintiff's use in the interest
described and for the purposes set forth in Resolution No. 2023-0716 of Plaintiff's Board of
Supervisors;
2 Just compensation for taking of such interests in the subject property and any
10 damages incident thereto be ascertained, assessed, and apportioned;
11 3 Any benefits to the remaining subject property not sought to be condemned be
12 ascertained and assessed;
13 4. That the amount of award be first determined between Plaintiff and all defendants
14 claiming any interest therein;
15 5 All liens and encumbrances against such property, including any delinquent
16 property taxes, be deducted from the amount of judgment;
17 6 Plaintiff be let into immediate possession of the above described property,
18 pursuant to a noticed motion for pre-judgment possession; and
7
19 For such other and further relief as the Court may deem just and proper.
20 DATED: September
26, 3023 LISA A. TRAVIS, County Counsel
Sacramento County, California
21
22
23
24
Deputy County Counsel
25
Verification of complaint is not required,
26 pursuant to Code of Civil Procedure section 446.
Answer must be verified pursuant to
27 Code of Civil Procedure section 1250.330,
unless signed by an attorney on behalf of defendant.
28
-4-
COMPLAINT IN EMINENT DOMAIN
EXHIBIT A
The foregoirig ‘ts ‘8 tofréey copy of a
resolution
Board, Sacramento-County*Californ|
jing Boal
RESOLUTION NO. 2023-0716 By.
Deputy
RESOLUTION OF NECESSITY AUTHORIZING EMINENT DOMAIN ACTIONS TO
ACQUIRE REAL PROPERTY FOR THE SOUTH WATT AVENUE IMPROVEMENT
PROJECT
SWCA 8870 FRUITRIDGE ROAD LLC, A DELAWARE LIMITED LIABILITY
COMPANY
(APN 062-0080-073)
BE IT RESOLVED by the Board of Supervisors (Board) of the County of
Sacramento (County), a political subdivision of the State of California, for the purpose
of authorizing the filing of an eminent domain action pursuant to the provisions of
the Code of Civil Procedure of the State of California commencing with Section
1230.010 known as the "Eminent Domain Law", as follows:
1 The public use for which an interest in real property is to be acquired pursuant to
this Resolution consists of 974+/- square feet of Easement for Public Utilities and
Public Facilities, and 3,863+/- square feet of Easement for Temporary
Construction. The term of the temporary construction easement shall be four
years from the date the County obtains possession. An eminent domain action for
such an acquisition is authorized by Government Code Section 25350.5 and
Streets and Highways Code Section 943.
A map showing the location of the project is set forth in Attachment “A”.
Descriptions of the interests are set forth in Attachments “B” and “E”.
Plats showing the locations of the interests on the subject property are set forth
in Attachments “C” and “F”.
Scope of use language for the corresponding respective easement interests is set
forth in Attachments “D” and “G”.
The Board has found and determined each of the following:
(a) The public interest and necessity require the proposed project.
(b) The proposed project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
(c) The interest in property described in this Resolution is necessary for the
proposed project.
Resolution Of Necessity Authorizing Eminent Domain Actions To Acquire Real Property
For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC,
A Delaware Limited Liability Company (APN 062-0080-073)
Page 2
(d) The offer required by Section 7267.2 of the Government Code had been made
to the owner or owners of record.
BE IT FURTHER RESOLVED that County Counsel is hereby authorized and
directed to prepare and prosecute, in the name of the County, an action in eminent
domain in accordance with the requirements of the Eminent Domain Law, and to take
all steps or actions as may be necessary or appropriate pursuant to said law and
other applicable law for the purpose of acquiring said interest in said real property
together with the right of immediate possession thereof.
On a motion by Supervisor Hume, seconded by Supervisor Serna, the foregoing
Resolution was passed and adopted by the Board of Supervisors of the County of
Sacramento this 22" day of August 2023, by the following vote, to wit:
AYES: Supervisors Frost, Hume, Serna, Desmond
NOES: None
ABSENT: Supervisors Kennedy
ABSTAIN: None
RECUSAL: None
(PER POLITICAL REFORM ACT (§ 18702.5.))
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Chairperson of the Board/of Supervisors of
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BOARD OF SUPERVISORS
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BY Morener Gana CLERK
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Clerk, Board of Supervisors
‘in accordance with Section 25103 of the Government
Code
Of the State of California a copy of the document has been
delivered
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to the |
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ATTACHMENT “A” OF
EXHIBIT “A”
Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 3
Attachment “A” PROJECT
LOCATION:
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Watt Avenue - Florin
Road to Jackson Road
(SR-16)
p Project Location
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Fruttidge Rd
COUNTY OF
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p79
'SWatt
Ave Bridge
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Rail Crossing
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NOT TO SCALE
ATTACHMENT “B” TO
EXHIBIT “A”
Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 4
ATTACHMENT “B”
September 6, 2022
Page 1 of 1
XHIBIT “A”
DESCRIPTION
All that real property situated in the City of Sacramento, County of Sacramento, State of California,
being a portion of the parcel of land described in the Grant Deed recorded on April 17, the year 2014,
in Book 20140417 of Official Records at Page 0186, in the Office of the County Recorder of
Sacramento County, said portion being described as follows:
P.U.P.F.E.-O1:;
Beginning at the northeast corner of the east 214.69 feet of said parcel of land, said corner being
common with the northeast corner of the east 214.69 feet of Parcel 2, as shown on the Parcel Map,
filed for record on April 10, the year 2007, in Book 200 of Parcel Maps at Page 4, in the Office of said
County Recorder, said corner also lying on the west right of way line of South Watt Avenue (60.50
foot westerly street-width), as shown on said Parcel Map; thence, from said Point of Beginning, along
said west right of way line, being common with the east line of said parcel of land and the east line
of said Parcel 2, concentric with and 60.50 feet westerly, measured at right angle, from the centerline
of South Watt Avenue, 176.84 feet along an arc of a curve, concave to the northeast, having a radius
of 1560.50 feet, through a central angle of 06°29’35”, a chord bearing and distance of South
05°09’54” East, 176.75 feet; thence, leaving said west right of way common line, along a line non-
tangent to said curve, North 11°37’28” West, 93.32 feet; thence, South 84°59°39” West, 7.00 feet;
thence, North 03°28’52” West, 28.42 feet; thence, North 86°01’39” East, 10.50 feet to a point of non-
tangent curvature; thence, 56.18 feet along an arc of a curve, concave to the east, having a radius of
1564.50 feet, through a central angle of 02°03'27”, a chord bearing and distance of North 02°56’38”
West, 56.18 feet to the north line of the east 214.69 feet of said parcel of land, being common with
the north line of the east 214.69 feet of said Parcel 2; thence, along said north common parcel line,
North 89°24’34” East, 4.00 feet to the Point of Beginning, containing an area of approximately 968
square feet.
P.U.P.F.E.-02:
Beginning at the southeast corner of said parcel of land, said corner being common with the
southeast corner of Parcel 2, as shown on the Parcel Map, filed for record on April 10, the year 2007,
in Book 200 of Parcel Maps at Page 4, in the Office of said County Recorder, said corner also lying on
the west right of way line of South Watt Avenue (60.50 foot westerly street-width), as shown on said
Parcel Map; thence, from said Point of Beginning, along said west right of way line, being common
with the east line of said parcel of land and the east line of said Parcel 2, parallel with and 60.50 feet
westerly, measured at right angle, from the centerline of South Watt Avenue, North 12°29’30” West,
22.35 feet; thence, leaving said west right of way common line, South 11°12’16” East, 22.25 feet to
the south line of said parcel of land, being common with the south line of said Parcel 2; thence, along
said south common parcel line, North 89°23’29” East, 0.51 feet to the Point of Beginning, containing
an area of approximately 6 square feet.
See Exhibit “B”, plat to accompany this description, attached hereto and made part hereof.
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ATTACHMENT “C” TO
EXHIBIT “A”
Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 5
ATTACHMENT “C”
LEGEND
&USoe
DIMENSION POINT eS
R.0.W. RIGHT OF WAY
OFFICIAL RECORDS
P.U.P.F.E. PUBLIC UTILITIES & PUBLIC FACILITIES EASEMENT o\/
P.U.E. PUBLIC UTILITIES EASEMENT es
P.O.B. POINT OF BEGINNING
P.M. PARCEL MAP
*e BOOK OF MAI BOOK 20070808
STREET CENTERLINE O.R. PAGE 1790
N89°24'34"E 4.00' R.O.W. PARCEL NO. 1, BOOK
od 660908 O.R. PAGE 155
NORTH LINE OF R=1564.50"
A=02°03'2' ih! P.O.B._P.U.P.F.E.~01
THE EAST 214.69" H | NORTHEAST CORNER
18°
OF BOOK
20140417 O.R. CB=N02°56' we iA OF THE EAST 214.69'
CD: 56.18 OF BOOK 20140417
PAGE 0186 oH | O.R. PAGE 0186
be
N86°01'39"E 10.50’ 560.50"
16°29'35”
NO3°28'52"W 28.42" 4 76.84"
$84°59'39"W 7.00’ ik CB: 05°09'54"E
i! CD. 6.75"
PUBLIC UTILITIES & Wl
PUBLIC FACILITIES
EASEMENT
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PARCEL 2 W Yio
200 P.M. 4
(P.U.P.F.E.-01) W \4
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BOOK 20140417 12y
O.R. PAGE 0186 N11°37'28"W
93.32" \o
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9.5' WIDE P.U.E. 200 P.M. 4-71!
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6 SQ. FT.t
és. ~~-DETAIL
DETAIL _______----------~---~-. 22.35"
SOUTH LINE OF BOOK 20140417 O.R. PAGE 0166 R.0.W. PARCEL
P.O.B. P.U.P.F.E.-02 NO. 1, BOOK
BOOK 20030902 660908 O.R.
SOUTHEAST CORNER OF BOOK
O.R. PAGE 2228 20140417 O.R. PAGE 0186 1 PAGE 155
COUNTY OF SACRAMENTO EXHIBIT "B" PAGE 1 OF 1
COMMUNITY DEVELOPMENT DEPARTMENT PORTION OF PARCEL OF LAND DESCRIBED IN
SURVEY SECTION BOOK 20140417 O.R. PAGE 0186
SCALE: 1"=60” S-461 SEPTEMBER 2022
(A.P.N. 062—0080-073)
COUNTY OF SACRAMENTO-STATE OF CALIFORNIA
ATTACHMENT “D” TO
EXHIBIT “A”
Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 6
ATTACHMENT “D”
EASEMENT FOR PUBLIC UTILITIES
AND PUBLIC FACILITIES
An Easement for Public Utilities including but not limited to water, sewer, gas
and drainage pipes, poles, overhead lines, telephone, cable TV, underground
power and other appurtenances as County may deem necessary, an Easement
for Landscaping for the purpose of planting and maintaining landscaping and
other incidental purposes as deemed necessary by the County, an Easement
for Sidewalk for the installation and maintenance of a sidewalk or walkway,
together with any appurtenances pertaining thereto, an Easement for Traffic
Signal Facilities, together with any appurtenances pertaining thereto and an
Easement for Street Lighting Facilities, including foundations, standards,
conduit and any and all appurtenances pertaining thereto, together with the
right to construct, reconstruct, operate and maintain all of the aforementioned,
over, across, through and under that certain property; together with the
perpetual right of ingress to and egress from said property, for the purpose of
exercising and performing all of the rights and privileges herein granted.
ATTACHMENT “E” TO
EXHIBIT “A”
Resolution Of Necessiny Authorizing Eminent Domain nccions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 7
ATTACHMENT “E”
July 29, 2023
Page Lof 1.
EXHIBIT “A”
DESCRIPTION
All that real property situated in the City of Sacramento, County of Sacramento, State of California,
being a portion of the parcel described in the Grant Deed and Reservation and Granting of Access
and Drainage Easements, recorded on April 17, the year 2014, in Book 20140417 of Official
Records at Page 0186, in the Office of the County Recorder of Sacramento County, said portion
being described as follows:
Commencing at the intersection of the north line of the eastern portion of said parcel of land,
being common with the north line of the eastern portion of Parcel 2, as shown on the map filed in
Book 200 of Parcel Maps at Page 4, in the office of said County Recorder, with the west right of
way line of South Watt Avenue, said right of way depicted on said Parcel Map, being a 60.50 foot
wide (westerly street width) right of way, measured at right angle, from the centerline of South
Watt Avenue; thence, from said Point of Commencement, along said north line of the eastern
portion of said parcel of land, South 89°24’34” West, 4.00 feet to the Point of Beginning; thence
from said Point of Beginning, leaving said north line, along the arc of a non-tangent curve,
concentric with and 64.50 feet westerly, measured at right angle, from the centerline of South
Watt Avenue, 56.18 feet along the arc of said curve, concave to the northeast, having a radius of
1564.50 feet, through a central angle of 02°03'27”, a chord bearing and distance of South
02°56'38” East, 56.18 feet; thence leaving said curve, non-tangent therefrom, South 86°01’39”
West, 10.50 feet; thence South 03°28’52” East, 28.42 feet; thence North 84°59'39” East, 7.00 feet;
thence South 11°37'28” East, 93.32 feet to a point of non-tangent curvature, the arc of said curve
being concentric with and 60.50 feet westerly, measured at right angle, from the centerline of
South Watt Avenue; thence 111.13 feet along the arc of said curve, concave to the northeast,
having a radius of 1560.50 feet, through a central angle of 04°04'49”, a chord bearing and distance
of South 10°27’06” East, 111.10 feet to a line parallel with and 60.50 feet westerly, measured at
right angle, from the centerline of South Watt Avenue; thence leaving said curve, along said
parallel line, South 12°29’30” East, 81.34 feet; thence leaving said parallel line, South 11°12'16”
East, 22.25 feet to the south line of said parcel of land; thence along said south line, South
89°23’29” West, 10.01 feet; thence leaving said south line, North 11°42'27” West, 94.63 feet;
thence North 08°12'01” West, 20.05 feet; thence North 11°38’00” West, 182.53 feet; thence South
4°59'39”" West, 8.36 feet; thence North 03°28'52” West, 48.60 feet; thence North 86°01'39" East,
10.45 feet to a point of non-tangent curvature, said curve being concentric with and 74.50 feet
westerly, measured at right angle, from the centerline of South Watt Avenue; thence 46.77 feet
along the arc of said curve, concave to the northeast, having a radius of 1574.50 feet, through a
central angle of 01°42'07", a chord bearing and distance of North 02°45'28" West, 46.77 feet to
the north line of the eastein portion of said parcel of land; thence leaving said curve, non-tangent
therefrom, along said north line, North 89°24’34” East, 10.00 feet to the Point of Beginning,
containing an area of approximately 3,863 square feet.
See Exhibit “B”, plat to accompany this description, attached hereto and made part hereof.
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ATTACHMENT “F” TO
EXHIBIT “A”
Resolution Of Necessity Authorizing Eminent Domain wccions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 8
ATTACHMENT “F”
LEGEND NOTE:
DIMENSION POINT
&
CORN
P.O.B. POINT OF BEGINNING SEE PAGE-2 FOR LINE
P.O.C. POINT OF COMMENCEMENT & CURVE DATA TABLES LAK
R.0.W,
O.R.
P.UE,
RIGHT OF WAY
OFFICIAL RECORDS
PUBLIC UTILITY EASEME!
Co
\e
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T.C.E. TEMPORARY CONSTRUCTION EASEMENT
\ oe tS
P.M PARCEL MAP
B.M BOOK OF MAPS
STREET CENTERLINE
BOOK 20070808 - 55'
O.R. PAGE 1790
R.O.W. PARCEL NO. 1, BOOK
DETAIL = 00 660908 O.R. PAGE 155
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DETAIL __ “ aeseSEEsk,
") R.0.W. PARCEL
NO. 1, BOOK
BOOK 20030902 0.R. PAGE 2228 660908 O.R.
PAGE 155
EXHIBIT "B" PAGE
1 OF 2
COUNTY OF SACRAMENTO PORTION OF PARCEL OF LAND DESCRIBED IN
COMMUNITY DEVELOPMENT DEPARTMENT
BOOK 20140417 O.R. PAGE 0186
SURVEY SECTION
(A.P.N. 062-0080-073)
SCALE: 1”=60" S-461 JULY 2023 COUNTY OF SACRAMENTO-STATE OF CALIFORNIA
ATTACHMENT “G” TO
EXHIBIT “A”
Resolution Of Neces: _ Authorizing Eminent Domain jc tions To Acquire Real
Property For The South Watt Avenue Improvements Project, SWCA 8870
Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-
073)
Page 9
ATTACHMENT “G”
EASEMENT FOR TEMPORARY CONSTRUCTION
An Easement For Temporary Construction (TCE) of a public roadway and public
utilities together with appurtenances including, but not limited to, landscaping,
sidewalk, traffic signal facilities, street lighting facilities and sound wall, and
other Project-related purposes upon, over and across for the purpose of
exercising and performing all of the rights and privileges herein granted. The
term of the temporary construction easement shall be four years from the
date the County obtains possession.
Preview
Seed Superior Court of California mento LISA A. TRAVIS, County Counsel [State Bar No. 184793 O8/26/202 JANICE M. SNYDER, Assistant County Counsel cdone [State Bar No. 198673] KEITH W. FLOYD, Deputy County Counsel By Deputy [State Bar No. 164914 23CV009034 COUNTY OF SACRAMENTO 700 H Street, Suite 2650 Sacramento, CA 95814 Telephone: (916) 874-5581 Facsimile: (916) 874-8207 E-mail: floydk@saccounty.gov File No.: 127093-000023 Attorneys for Plaintiff, County of Sacramento IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SACRAMENTO 11 COUNTY OF SACRAMENTO, a political Case No. subdivision of the State of California 12 COMPLAINT IN EMINENT DOMAIN Plaintiff, [Code Civ. Proc., § 1250.310] 13 VS. Portions of APN: 062-0080-073 14 SWCA 8870 FRUITRIDGE ROAD, LLC; a 15 Delaware limited liability company; EXTRA SPACE STORAGE, LP, a 16 Delaware limited partnership; DOES 1 through 30, inclusive; and all persons 17 unknown claiming an interest in the property described in the Complaint, 18 Defendants. 19 20 Plaintiff alleges as follows: 21 1 Plaintiff COUNTY OF SACRAMENTO (hereinafter “Plaintiff” is, and at all 22 times herein mentioned was, vested by law, pursuant to Government Code sections 25350.5; 23 Streets and Highways Code section 943; and Streets and Highways Code section 1700 et seq. 24 with the authority to exercise the power of eminent domain to acquire property for public uses. 25 2 After due notice pursuant to Code of Civil Procedure section 1245.235, and prior 26 to the commencement of this action, the Plaintiff's Board of Supervisors, at a duly and regularly 27 convened public meeting on August 22, 2023, passed and adopted Resolution No. 2023-0716, a 28 -1- COMPLAINT IN EMINENT DOMAIN Resolution of Necessity, (hereinafter the “Resolution”) declaring and determining that the public interest and necessity require the acquisition by Plaintiff of certain property described herein for South Watt Avenue Improvement Project (“Project”). 3 Plaintiff's Board of Supervisors found and determined and declared in the Resolution that: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The interest in the property sought to be acquired is necessary for the 10 project; and 11 (d) The offer required by Government Code section 7267.2 has been made to 12 the owners of record. 13 A copy of the Resolution with exhibits and attachments is attached hereto as Exhibit “A”, 14 incorporated herein and made a part of this complaint. 15 4. The Resolution was passed and adopted by more than a two-thirds vote of 16 Plaintiff's Board of Supervisors, and each and every matter, fact, and thing set forth therein is 17 and was true. 18 5 The property interests described herein and sought to be acquired by Plaintiff 19 (hereinafter the “subject property”) consist of required Project easements across potions of a 20 larger parcel. 21 6 The general location of the parcel on which the property interest is sought is 8870 22 Fruitridge Road, Sacramento, California in the County of Sacramento. A map showing the 23 general location of the larger parcel within which the property is located is attached as 24 Attachment “A” of Exhibit “A”. 25 7 Plaintiff seeks to acquire an approximately 974 square foot public utilities and 26 public facilities easement and an approximately 3,863 square foot temporary construction 27 easement across portions of APN 062-0080-073 as part of its Project. 28 2- COMPLAINT IN EMINENT DOMAIN 8 The legal descriptions of the easement areas property to be acquired by Plaintiff across portions of the larger parcel are set forth in Attachments “B” and “E” to Exhibit “A” attached hereto and incorporated herein by reference as though set forth in full. 9 Plat maps showing the location of the easement areas and the larger parcel are attached as Attachments “C” and “F” of Exhibit “A” hereto. 10. Scope of use language for the corresponding and respective easement interests and temporary construction easement is set forth in Attachments “D” and “G” to Exhibit “A”. 11. Each defendant named herein appears of record or is known or believed by Plaintiff to have a claim or interest in the property. 10 12. Plaintiff is informed and believes that the interests of Defendants as known to ll Plaintiff, by way of example and not as allegations to which Plaintiff intends to be bound, are as 12 set forth below: 13 Defendant: Interest: 14 SWCA 8870 Fruitridge Road, LLC Fee simple 15 Extra Space Storage LP Tenant, per current lease. 16 17 13. Defendants named herein as Does 1 through 30, inclusive, have, or claim to have 18 an interest in the subject property, the exact nature of which is unknown to Plaintiff at this time. 19 The true names or capacities, whether individual, corporate, associate, or otherwise, of 20 defendants named herein as Does 1 through 30, inclusive, are unknown to Plaintiff, which 21 therefore sues such defendants by such fictitious names. Plaintiff will ask leave to amend this 22 complaint to show the true names, capacities and interests of said defendants when the same 23 have been ascertained. 24 14, Plaintiff also names as defendants all persons unknown claiming an interest in the 25 property. 26 15. Plaintiff claims no preexisting interest in the property sought to be taken. 27 //1 28 ik COMPLAINT IN EMINENT DOMAIN 16. Plaintiff claims a lien interest for all property taxes and assessments as may be due and payable on the date of possession. 17. Plaintiff has made every reasonable effort to acquire the subject property expeditiously by negotiation. WHEREFORE, Plaintiff prays judgment as follows: 1 The property described herein be condemned to Plaintiff's use in the interest described and for the purposes set forth in Resolution No. 2023-0716 of Plaintiff's Board of Supervisors; 2 Just compensation for taking of such interests in the subject property and any 10 damages incident thereto be ascertained, assessed, and apportioned; 11 3 Any benefits to the remaining subject property not sought to be condemned be 12 ascertained and assessed; 13 4. That the amount of award be first determined between Plaintiff and all defendants 14 claiming any interest therein; 15 5 All liens and encumbrances against such property, including any delinquent 16 property taxes, be deducted from the amount of judgment; 17 6 Plaintiff be let into immediate possession of the above described property, 18 pursuant to a noticed motion for pre-judgment possession; and 7 19 For such other and further relief as the Court may deem just and proper. 20 DATED: September 26, 3023 LISA A. TRAVIS, County Counsel Sacramento County, California 21 22 23 24 Deputy County Counsel 25 Verification of complaint is not required, 26 pursuant to Code of Civil Procedure section 446. Answer must be verified pursuant to 27 Code of Civil Procedure section 1250.330, unless signed by an attorney on behalf of defendant. 28 -4- COMPLAINT IN EMINENT DOMAIN EXHIBIT A The foregoirig ‘ts ‘8 tofréey copy of a resolution Board, Sacramento-County*Californ| jing Boal RESOLUTION NO. 2023-0716 By. Deputy RESOLUTION OF NECESSITY AUTHORIZING EMINENT DOMAIN ACTIONS TO ACQUIRE REAL PROPERTY FOR THE SOUTH WATT AVENUE IMPROVEMENT PROJECT SWCA 8870 FRUITRIDGE ROAD LLC, A DELAWARE LIMITED LIABILITY COMPANY (APN 062-0080-073) BE IT RESOLVED by the Board of Supervisors (Board) of the County of Sacramento (County), a political subdivision of the State of California, for the purpose of authorizing the filing of an eminent domain action pursuant to the provisions of the Code of Civil Procedure of the State of California commencing with Section 1230.010 known as the "Eminent Domain Law", as follows: 1 The public use for which an interest in real property is to be acquired pursuant to this Resolution consists of 974+/- square feet of Easement for Public Utilities and Public Facilities, and 3,863+/- square feet of Easement for Temporary Construction. The term of the temporary construction easement shall be four years from the date the County obtains possession. An eminent domain action for such an acquisition is authorized by Government Code Section 25350.5 and Streets and Highways Code Section 943. A map showing the location of the project is set forth in Attachment “A”. Descriptions of the interests are set forth in Attachments “B” and “E”. Plats showing the locations of the interests on the subject property are set forth in Attachments “C” and “F”. Scope of use language for the corresponding respective easement interests is set forth in Attachments “D” and “G”. The Board has found and determined each of the following: (a) The public interest and necessity require the proposed project. (b) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The interest in property described in this Resolution is necessary for the proposed project. Resolution Of Necessity Authorizing Eminent Domain Actions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080-073) Page 2 (d) The offer required by Section 7267.2 of the Government Code had been made to the owner or owners of record. BE IT FURTHER RESOLVED that County Counsel is hereby authorized and directed to prepare and prosecute, in the name of the County, an action in eminent domain in accordance with the requirements of the Eminent Domain Law, and to take all steps or actions as may be necessary or appropriate pursuant to said law and other applicable law for the purpose of acquiring said interest in said real property together with the right of immediate possession thereof. On a motion by Supervisor Hume, seconded by Supervisor Serna, the foregoing Resolution was passed and adopted by the Board of Supervisors of the County of Sacramento this 22" day of August 2023, by the following vote, to wit: AYES: Supervisors Frost, Hume, Serna, Desmond NOES: None ABSENT: Supervisors Kennedy ABSTAIN: None RECUSAL: None (PER POLITICAL REFORM ACT (§ 18702.5.)) KE GSSA cR Le Zz oe i we a Ra, Chairperson of the Board/of Supervisors of jojiy a tno" Sacramento County, California fr Fl BOARD OF SUPERVISORS ED Se PA fa ey Rank nH nena. hens. ae aSTS AP BY Morener Gana CLERK OF THE BOARD Clerk, Board of Supervisors ‘in accordance with Section 25103 of the Government Code Of the State of California a copy of the document has been delivered ot Sacré pAugee to the | ee puty Clerk, Board of Supervisors ATTACHMENT “A” OF EXHIBIT “A” Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 3 Attachment “A” PROJECT LOCATION: "aE yt yh ae a cot N | 7 \ WW Project Limits: South Watt Avenue - Florin Road to Jackson Road (SR-16) p Project Location | NOT TO SCALE {t80n i) Fruttidge Rd COUNTY OF i > p79 'SWatt Ave Bridge Elder Crock Ra Rail Crossing ~ ae Florin Ra a NOT TO SCALE ATTACHMENT “B” TO EXHIBIT “A” Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 4 ATTACHMENT “B” September 6, 2022 Page 1 of 1 XHIBIT “A” DESCRIPTION All that real property situated in the City of Sacramento, County of Sacramento, State of California, being a portion of the parcel of land described in the Grant Deed recorded on April 17, the year 2014, in Book 20140417 of Official Records at Page 0186, in the Office of the County Recorder of Sacramento County, said portion being described as follows: P.U.P.F.E.-O1:; Beginning at the northeast corner of the east 214.69 feet of said parcel of land, said corner being common with the northeast corner of the east 214.69 feet of Parcel 2, as shown on the Parcel Map, filed for record on April 10, the year 2007, in Book 200 of Parcel Maps at Page 4, in the Office of said County Recorder, said corner also lying on the west right of way line of South Watt Avenue (60.50 foot westerly street-width), as shown on said Parcel Map; thence, from said Point of Beginning, along said west right of way line, being common with the east line of said parcel of land and the east line of said Parcel 2, concentric with and 60.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue, 176.84 feet along an arc of a curve, concave to the northeast, having a radius of 1560.50 feet, through a central angle of 06°29’35”, a chord bearing and distance of South 05°09’54” East, 176.75 feet; thence, leaving said west right of way common line, along a line non- tangent to said curve, North 11°37’28” West, 93.32 feet; thence, South 84°59°39” West, 7.00 feet; thence, North 03°28’52” West, 28.42 feet; thence, North 86°01’39” East, 10.50 feet to a point of non- tangent curvature; thence, 56.18 feet along an arc of a curve, concave to the east, having a radius of 1564.50 feet, through a central angle of 02°03'27”, a chord bearing and distance of North 02°56’38” West, 56.18 feet to the north line of the east 214.69 feet of said parcel of land, being common with the north line of the east 214.69 feet of said Parcel 2; thence, along said north common parcel line, North 89°24’34” East, 4.00 feet to the Point of Beginning, containing an area of approximately 968 square feet. P.U.P.F.E.-02: Beginning at the southeast corner of said parcel of land, said corner being common with the southeast corner of Parcel 2, as shown on the Parcel Map, filed for record on April 10, the year 2007, in Book 200 of Parcel Maps at Page 4, in the Office of said County Recorder, said corner also lying on the west right of way line of South Watt Avenue (60.50 foot westerly street-width), as shown on said Parcel Map; thence, from said Point of Beginning, along said west right of way line, being common with the east line of said parcel of land and the east line of said Parcel 2, parallel with and 60.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue, North 12°29’30” West, 22.35 feet; thence, leaving said west right of way common line, South 11°12’16” East, 22.25 feet to the south line of said parcel of land, being common with the south line of said Parcel 2; thence, along said south common parcel line, North 89°23’29” East, 0.51 feet to the Point of Beginning, containing an area of approximately 6 square feet. See Exhibit “B”, plat to accompany this description, attached hereto and made part hereof. D0 Zees x) oN Q hite lifornia Licensed Land Surveyor a\ 12-22 ped dese job ato A646 so at ae gerbe 194f0731062-0080-073 pupfe-description docx VG ATTACHMENT “C” TO EXHIBIT “A” Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 5 ATTACHMENT “C” LEGEND &USoe DIMENSION POINT eS R.0.W. RIGHT OF WAY OFFICIAL RECORDS P.U.P.F.E. PUBLIC UTILITIES & PUBLIC FACILITIES EASEMENT o\/ P.U.E. PUBLIC UTILITIES EASEMENT es P.O.B. POINT OF BEGINNING P.M. PARCEL MAP *e BOOK OF MAI BOOK 20070808 STREET CENTERLINE O.R. PAGE 1790 N89°24'34"E 4.00' R.O.W. PARCEL NO. 1, BOOK od 660908 O.R. PAGE 155 NORTH LINE OF R=1564.50" A=02°03'2' ih! P.O.B._P.U.P.F.E.~01 THE EAST 214.69" H | NORTHEAST CORNER 18° OF BOOK 20140417 O.R. CB=N02°56' we iA OF THE EAST 214.69' CD: 56.18 OF BOOK 20140417 PAGE 0186 oH | O.R. PAGE 0186 be N86°01'39"E 10.50’ 560.50" 16°29'35” NO3°28'52"W 28.42" 4 76.84" $84°59'39"W 7.00’ ik CB: 05°09'54"E i! CD. 6.75" PUBLIC UTILITIES & Wl PUBLIC FACILITIES EASEMENT \o PARCEL 2 W Yio 200 P.M. 4 (P.U.P.F.E.-01) W \4 968 SQ. FT.+ M BOOK 20140417 12y O.R. PAGE 0186 N11°37'28"W 93.32" \o Wyle \ wht \ 9.5' WIDE P.U.E. 200 P.M. 4-71! ao 9.60 Sb 12.5’ WIDE P.U.E 143 B.M. 13 \ Bye \° No. le \ w\\ \ \ Naores'20"E §11°12'16"E 22.25' \ 0.51 PUBLIC UTILITIES & PUBLIC whi FACILITIES EASEMENT w\\ ss. (P.U.P.F.E.-02) \\ N12°29'30"W 6 SQ. FT.t és. ~~-DETAIL DETAIL _______----------~---~-. 22.35" SOUTH LINE OF BOOK 20140417 O.R. PAGE 0166 R.0.W. PARCEL P.O.B. P.U.P.F.E.-02 NO. 1, BOOK BOOK 20030902 660908 O.R. SOUTHEAST CORNER OF BOOK O.R. PAGE 2228 20140417 O.R. PAGE 0186 1 PAGE 155 COUNTY OF SACRAMENTO EXHIBIT "B" PAGE 1 OF 1 COMMUNITY DEVELOPMENT DEPARTMENT PORTION OF PARCEL OF LAND DESCRIBED IN SURVEY SECTION BOOK 20140417 O.R. PAGE 0186 SCALE: 1"=60” S-461 SEPTEMBER 2022 (A.P.N. 062—0080-073) COUNTY OF SACRAMENTO-STATE OF CALIFORNIA ATTACHMENT “D” TO EXHIBIT “A” Resolution Of Necessity Authorizing Eminent Domain actions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 6 ATTACHMENT “D” EASEMENT FOR PUBLIC UTILITIES AND PUBLIC FACILITIES An Easement for Public Utilities including but not limited to water, sewer, gas and drainage pipes, poles, overhead lines, telephone, cable TV, underground power and other appurtenances as County may deem necessary, an Easement for Landscaping for the purpose of planting and maintaining landscaping and other incidental purposes as deemed necessary by the County, an Easement for Sidewalk for the installation and maintenance of a sidewalk or walkway, together with any appurtenances pertaining thereto, an Easement for Traffic Signal Facilities, together with any appurtenances pertaining thereto and an Easement for Street Lighting Facilities, including foundations, standards, conduit and any and all appurtenances pertaining thereto, together with the right to construct, reconstruct, operate and maintain all of the aforementioned, over, across, through and under that certain property; together with the perpetual right of ingress to and egress from said property, for the purpose of exercising and performing all of the rights and privileges herein granted. ATTACHMENT “E” TO EXHIBIT “A” Resolution Of Necessiny Authorizing Eminent Domain nccions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 7 ATTACHMENT “E” July 29, 2023 Page Lof 1. EXHIBIT “A” DESCRIPTION All that real property situated in the City of Sacramento, County of Sacramento, State of California, being a portion of the parcel described in the Grant Deed and Reservation and Granting of Access and Drainage Easements, recorded on April 17, the year 2014, in Book 20140417 of Official Records at Page 0186, in the Office of the County Recorder of Sacramento County, said portion being described as follows: Commencing at the intersection of the north line of the eastern portion of said parcel of land, being common with the north line of the eastern portion of Parcel 2, as shown on the map filed in Book 200 of Parcel Maps at Page 4, in the office of said County Recorder, with the west right of way line of South Watt Avenue, said right of way depicted on said Parcel Map, being a 60.50 foot wide (westerly street width) right of way, measured at right angle, from the centerline of South Watt Avenue; thence, from said Point of Commencement, along said north line of the eastern portion of said parcel of land, South 89°24’34” West, 4.00 feet to the Point of Beginning; thence from said Point of Beginning, leaving said north line, along the arc of a non-tangent curve, concentric with and 64.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue, 56.18 feet along the arc of said curve, concave to the northeast, having a radius of 1564.50 feet, through a central angle of 02°03'27”, a chord bearing and distance of South 02°56'38” East, 56.18 feet; thence leaving said curve, non-tangent therefrom, South 86°01’39” West, 10.50 feet; thence South 03°28’52” East, 28.42 feet; thence North 84°59'39” East, 7.00 feet; thence South 11°37'28” East, 93.32 feet to a point of non-tangent curvature, the arc of said curve being concentric with and 60.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue; thence 111.13 feet along the arc of said curve, concave to the northeast, having a radius of 1560.50 feet, through a central angle of 04°04'49”, a chord bearing and distance of South 10°27’06” East, 111.10 feet to a line parallel with and 60.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue; thence leaving said curve, along said parallel line, South 12°29’30” East, 81.34 feet; thence leaving said parallel line, South 11°12'16” East, 22.25 feet to the south line of said parcel of land; thence along said south line, South 89°23’29” West, 10.01 feet; thence leaving said south line, North 11°42'27” West, 94.63 feet; thence North 08°12'01” West, 20.05 feet; thence North 11°38’00” West, 182.53 feet; thence South 4°59'39”" West, 8.36 feet; thence North 03°28'52” West, 48.60 feet; thence North 86°01'39" East, 10.45 feet to a point of non-tangent curvature, said curve being concentric with and 74.50 feet westerly, measured at right angle, from the centerline of South Watt Avenue; thence 46.77 feet along the arc of said curve, concave to the northeast, having a radius of 1574.50 feet, through a central angle of 01°42'07", a chord bearing and distance of North 02°45'28" West, 46.77 feet to the north line of the eastein portion of said parcel of land; thence leaving said curve, non-tangent therefrom, along said north line, North 89°24’34” East, 10.00 feet to the Point of Beginning, containing an area of approximately 3,863 square feet. See Exhibit “B”, plat to accompany this description, attached hereto and made part hereof. SN ay CV$Q0o" 3\ SI) (hite SR ifornia Licensed Land Surveyor a OTAI-ZB is 7722 p:\shared folders\surveydb\1_jobs 2 to 2\s\s461 south watt a -¢ 062-0080-073.\tee-062-0080-073 descriptionSSBF AED ATTACHMENT “F” TO EXHIBIT “A” Resolution Of Necessity Authorizing Eminent Domain wccions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 8 ATTACHMENT “F” LEGEND NOTE: DIMENSION POINT & CORN P.O.B. POINT OF BEGINNING SEE PAGE-2 FOR LINE P.O.C. POINT OF COMMENCEMENT & CURVE DATA TABLES LAK R.0.W, O.R. P.UE, RIGHT OF WAY OFFICIAL RECORDS PUBLIC UTILITY EASEME! Co \e >) T.C.E. TEMPORARY CONSTRUCTION EASEMENT \ oe tS P.M PARCEL MAP B.M BOOK OF MAPS STREET CENTERLINE BOOK 20070808 - 55' O.R. PAGE 1790 R.O.W. PARCEL NO. 1, BOOK DETAIL = 00 660908 O.R. PAGE 155 ea poe TO 60.50 1 P.O.B. {neero1'a9"E Y, iLA P.O.C, t 10.45° ( |nos*26'52"w UY 48.60" $84°59'39"W 8.36) \ | ng )i \i) \o Gene \a PARCEL 2 Vs \ 12a9 4 Wl 200 P.M. 4 BOOK 20140417 O.R. PAGE 0186 \og Y( \e (> J); TEMPORARY CONSTRUCTION oh\. aN aM EASEMENT " eG " T.C.E.. SN, 3,863 SQ. FT.t 60.50 Qe OO, NO8°12'01°W. Ke ¥ 20.05" do \\$89°23'29°W. 0.5) 9.5' WIDE P.U.E. 200 P.M. 4 12.5’ WIDE P.U.E 143 B.M. 13 \4 ~ee DETAIL, DETAIL __ “ aeseSEEsk, ") R.0.W. PARCEL NO. 1, BOOK BOOK 20030902 0.R. PAGE 2228 660908 O.R. PAGE 155 EXHIBIT "B" PAGE 1 OF 2 COUNTY OF SACRAMENTO PORTION OF PARCEL OF LAND DESCRIBED IN COMMUNITY DEVELOPMENT DEPARTMENT BOOK 20140417 O.R. PAGE 0186 SURVEY SECTION (A.P.N. 062-0080-073) SCALE: 1”=60" S-461 JULY 2023 COUNTY OF SACRAMENTO-STATE OF CALIFORNIA ATTACHMENT “G” TO EXHIBIT “A” Resolution Of Neces: _ Authorizing Eminent Domain jc tions To Acquire Real Property For The South Watt Avenue Improvements Project, SWCA 8870 Fruitridge Road LLC, A Delaware Limited Liability Company (APN 062-0080- 073) Page 9 ATTACHMENT “G” EASEMENT FOR TEMPORARY CONSTRUCTION An Easement For Temporary Construction (TCE) of a public roadway and public utilities together with appurtenances including, but not limited to, landscaping, sidewalk, traffic signal facilities, street lighting facilities and sound wall, and other Project-related purposes upon, over and across for the purpose of exercising and performing all of the rights and privileges herein granted. The term of the temporary construction easement shall be four years from the date the County obtains possession.