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Santa Rosa council adopts resolution of necessity to acquire easement for Santa Rosa Creek Trail access at North Dutton
Summary
Council adopted a resolution of necessity to acquire a permanent and a temporary construction easement at 408 Duncan Street to build an ADA‑compliant ramp and link the North Dutton Avenue corridor to the Santa Rosa Creek Trail. Staff said only about 363 square feet beyond an existing PG&E easement is needed; owner negotiations have not reached agreement.
The Santa Rosa City Council voted Nov. 18 to adopt a resolution of necessity authorizing steps toward eminent‑domain acquisition of easement interests at 408 Duncan Street (APN 010‑495‑010) to construct an ADA‑compliant ramp connection to the Santa Rosa Creek Trail.
Jill Scott, the city's right‑of‑way agent, told the council the project would create a safe, ADA‑compliant multiuse ramp on the west side of North Dutton Avenue and would require approximately 4,500 sq ft of easement overall but only about 363 sq ft beyond an existing PG&E easement on the parcel. "This is a critical link in the off‑street trail network and supports current council goals," Scott said. Supervising engineer Gregory Mariscal outlined alternatives and explained why at‑grade crossings or a route between the power pole and North Dutton were infeasible for safety and geometric reasons.
Autumn Luna, chief assistant city attorney, explained that adoption of a resolution of necessity is a prerequisite to filing an eminent‑domain action and requires a two‑thirds council vote; she also said valuation is not to be debated at the hearing. Staff said the owner had been notified, met with appraisers and negotiators, and had been invited to obtain an appraiser at the city's expense but had not accepted the city's offer.
No written objections were received by 5 p.m. on the hearing day, and no property owner representative spoke during the hearing. Janice Carmen, a resident, urged the city to consider a higher offer to avoid condemnation.
Councilmember Krepke moved adoption of the resolution; the motion passed by the required majority with Councilmember Banuelos recused. The resolution clears the way for further negotiations and, if necessary, judicial steps to acquire the easement required for the Santa Rosa Creek Trail access project.
