HomeMy WebLinkAboutRES NO 038-14RESOLUTION NO.
038-14
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT 4209
ROSEDALE HWY, BAKERSFIELD, CA 93308 (APN
332 - 230 -06) AND A TEMPORARY CONSTRUCTION
EASEMENT THEREON.
WHEREAS, the City of Bakersfield is authorized to protect the public health,
safety and welfare by participating in and implementing the Rosedale Highway
Widening Program (the "Project "), which is part of the Thomas Roads Improvement
Program, in which the City of Bakersfield participates with other government agencies.
The Project is designed to widen Rosedale Highway between Allen Road and Gibson
Street to help alleviate traffic and congestion and implement the Metropolitan
Bakersfield 2010 General Plan, and to carry out and make effective that principal
purpose pursuant to Code of Civil Procedure section 1240.120(a). Said public use is a
function of the City of Bakersfield; and
WHEREAS, the City of Bakersfield is authorized by sections 37350 and 37350.5
of the California Government Code, sections 1240.010, et seq., of the Code of Civil
Procedure, and Article III, section 12 of the Charter of the City of Bakersfield, to acquire
by eminent domain property and to construct improvements thereon in furtherance of
the Project; and
WHEREAS, the real property described herein is required for the layout,
establishment, construction, completion and maintenance of the Project; and
WHEREAS, the Project received clearance under the California Environmental
Quality Act (CEQA) and NEPA through a mitigated negative declaration. The Mitigated
Negative Declaration was adopted on May 12, 2012 by the City Council, and the
contents thereof are incorporated as though fully set forth herein; and
WHEREAS, on October 19, 2011, at the request of the State of California,
Department of Transportation, the City Council of the City of Bakersfield (the "Council')
resolved that it would hear and consider proposed Resolutions of Necessity in
connection with the acquisition of real property and real property interests by eminent
domain process for the Thomas Roads Improvement Program; and
WHEREAS, on August 21, 2012, at a regularly scheduled meeting and pursuant
to notice, pursuant to Section 1810 of the Streets and Highways Code, the Board of
Supervisors for the County of Kern authorized the City of Bakersfield to acquire the
necessary property interests within the County, including use of the power of eminent
domain, for the Project; and AK4:;g
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ORIGINAL
WHEREAS, the Council finds and determines that notice of its intention to adopt
this Resolution of Necessity was duly given as required by law, and on that date and at
the time and place fixed for the hearing, the Council did hear and consider all of the
evidence presented;
NOW, THEREFORE, BE IT RESOLVED, by at least a two- thirds vote of the
members of the Council under Code of Civil Procedure § §1240.030 and 1245.230,
based on applicable law and the whole record concerning this matter, that the Council
finds and determines each of the following:
a. The public interest and necessity require the proposed Project;
b. The proposed Project is planned, located, approved, and accepted in a
manner that will be most compatible with the greatest public good and
the least private injury;
c. The property sought to be acquired is necessary for the Project; and
d. The offer required by Government Code §7267.2 has been made to
the property owner or owners of record.
AND BE IT FURTHER RESOLVED, that the City Attorney for the City of
Bakersfield is hereby authorized and directed to take any and all appropriate actions
consistent with the purposes of this resolution including, but not limited to, to commence
and maintain Court proceedings in and for the City of Bakersfield to acquire by eminent
domain the fee simple interest, and temporary construction easement interest for a
period not to exceed twelve (12) months, in that certain real property (the "Subject
Property "), more particularly designated and described as:
SEE EXHIBITS "A" AND "B" ATTACHED
AND BE IT FURTHER RESOLVED, that the City Attorney for the City of
Bakersfield and its designated outside counsel, if any, are hereby authorized and
directed to file a complaint in eminent domain, to deposit probable compensation, to
make application to the Court for an Order for Immediate Possession Before Judgment
in the eminent domain proceedings, and to prosecute the action to final judgment; and
AND BE IT FURTHER RESOLVED, that the City Finance Director is hereby
authorized and directed to draw its warrant or wire transfer on the City's account(s) in
the amount determined to be the probable amount of compensation pursuant to Code of
Civil Procedure section 1255.010, and that said warrant or wire transfer is to be made
payable and delivered and /or deposited to the State Treasury Condemnation Fund and
delivered to the City Attorney to be deposited with the payee; and
AND BE IT FURTHER RESOLVED, that City staff is authorized and directed to
take any and all appropriate actions consistent with the purposes of this Resolution.
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ORIGINAL
AND BE IT FURTHER RESOLVED, that in constructing and implementing and
completion of the Project, reasonable access to and from the larger parcel of the
Subject Property shall be maintained; and
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 1 91014 , by the following vote:
Councilmembers: Rivera, Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
v le we ✓' ✓
AYES COUNCILMEMBER Rivera, Maxwell, Weir, Smith, Hanson, Sullivan,
NOES: COUNCILMEMBER_ no Ne.-
ABSTAIN: COUNCILMEMBER ome
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Off' ' Clerk of the
Council of the City of Bakersfield
MAR 191014
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINGENNARO
City Attcft y
ANDREW HEGLUND
Deputy City Attorney
Johnson
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ORIGINAL.
Exhibit A
Fee Legal Description and Plat Map
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ORIGINAL
State Route 58 Rosedale Highway
332 - 230 -06
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, T.29S., R.27E., M.D.M., IN THE UNINCORPORATED AREA,
COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT WHICH BEARS SOUTH 000 1T WEST 30.00 FEET AND SOUTH
890 50' EAST A DISTANCE OF 583.36 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 26, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL
OF LAND DESCRIBED IN DEED, RECORDED AS DOCUMENT NO. 0210108113 AND A
POINT ON THE SOUTH LINE OF ROSEDALE HIGHWAY;
THENCE (1) SOUTH 89° 50'00" EAST ON AND ALONG THE SOUTHERLY RIGHT OF
WAY LINE OF ROSEDALE HIGHWAY, A DISTANCE OF 116.67 FEET, TO A
POINT ON THE EAST LINE OF SAID PARCEL;
THENCE (2) SOUTH 00° 1T 00" WEST, ON AND ALONG SAID EAST LINE, A DISTANCE
OF 4.75 FEET;
THENCE (3) NORTH 89° 50'00" WEST, A DISTANCE OF 9.90 FEET;
THENCE (4) SOUTH 38° 49'35" WEST, A DISTANCE OF 3.01 FEET;
THENCE (5) NORTH 89° 50'00" WEST, A DISTANCE OF 33.69 FEET;
THENCE (6) NORTH 38° 29'35" WEST, A DISTANCE OF 3.01 FEET;
THENCE (7) NORTH 89° 50'00" WEST, A DISTANCE OF 69.33 FEET, TO A POINT ON THE
WEST LINE OF SAID PARCEL;
THENCE (8) NORTH 00° 1T 00" EAST, ON AND ALONG SAID WEST LINE, A DISTANCE
OF 4.75 FEET TO THE POINT OF BEGINNING.
AREA: 638 SQUARE FEET
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99997000088 TO
CONVERT TO GROUND DISTANCES.
OO ESSi,% <1
LLOYD L. 4NDRTaNi �o. 9242 '
et
*\ Exp. 12-31-13 /*
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ORIGINAL.
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NO BRACKETS CALCULATED BEARINGS 3 DISTANCES
PER GRANT DEED DOC # 0210108113 O.R.
( } PER CALTRANS ROM MAP
I 1 PER GRANT DEED DOC # 0210108113 O.R.
EASEMENTS
TAKE BOUNDARY
ORIGINAL PARCEL
rSOO'l 7'W
L 30.00'
AREA TABLE
ORIGINAL PARCEL (GROSS) - 2.50 AC
TAKE (G) - 638 SF
REMAINDER (G) - 2.49 AC
NW CORNER I SURVEY
SEC 26
ROSEDALE HWY _
CV
— — — � P.O.B. °
S89'50'E I 583.36' M
[S89 50'E I 583.375
r In
It
(6) N
SECTION LINE S89'50'E —
{S89'46'EI
(8) N0017
4.75'
S89'50'E
1 116.67'
mmsrw
69
3.01'
(5) N89'50'
33.69'
CAO STEVEN T & VU
HUONG T
332 - 230 -06
(2) SOO'17'W
4.75'
(3) N89.50 -W
9.90'
4) S38'49'35 "W
3.01'
NOTES ALL CALCULATED DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY
0.99997000088 TO CONVERT TO GROUND DISTANCES
QROFESSIOHq` F
r
LLOYD L. NORTON f"
rn
NO. 24942
EXp.12 -31 -13
BASIS OF BEARING
THE NORTH LINE OF SECTION 26. T29S. R27E. MOM VMICH
BEARS S89-WE PER GRANT DEED. RECORDED IN DOCUMENT
NO. 0210108113 O.R.
N: \394 -14 \Drawings \R0W \Plat - 332- 230 —O6.dv g
SCALE 1'=60'
ROSEDALE HIGHWAY WIDENING
Right-of-Way Aoqulsition Map
RAW BY,mA5 'h. 03/12 1LE` 394- �
0"' CAD STEVEN T 6 VU HUONG 6 9Sn
332 -230 m
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ORIGINAL.
Exhibit B
Temporary Construction Easement Plat Map
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ORIGINAL
State Route 58 Rosedale Highway
TEMPORARY CONSTRUCTION EASEMENT
332 - 230 -06
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, T.29S., R.27E., M.D.M., IN THE UNINCORPORATED AREA,
COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS;
COMMENCING AT A POINT WHICH BEARS SOUTH 000 17' WEST 30.00 FEET AND
SOUTH 890 50' EAST A DISTANCE OF 583.36 FEET FROM THE NORTHWEST CORNER OF
SAID SECTION 26, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT
PARCEL OF LAND DESCRIBED IN DEED, RECORDED AS DOCUMENT NO. 0210108113
AND A POINT ON THE SOUTH LINE OF ROSEDALE HIGHWAY;
THENCE SOUTH 000 17'00" WEST, ON AND ALONG THE WEST LINE OF SAID
PARCEL, A DISTANCE OF 4.75 FEET, TO THE POINT OF BEGINNING;
THENCE (1) SOUTH 89° 50'00" EAST, A DISTANCE OF 69.33 FEET;
THENCE (2) SOUTH 38° 29'35" EAST, A DISTANCE OF 3.01 FEET;
THENCE (3) SOUTH 89° 50'00" EAST, A DISTANCE OF 33.69 FEET;
THENCE (4) NORTH 38° 49'35" EAST, A DISTANCE OF 3.01 FEET;
THENCE (5) SOUTH 88° 33'25" EAST, A DISTANCE OF 9.90 FEET, TO A POINT ON THE
EAST LINE OF SAID PARCEL;
THENCE (6) SOUTH 00° 17'00" WEST, ON AND ALONG SAID EAST LINE, A DISTANCE
OF 11.78 FEET;
THENCE (7) NORTH 89° 50'00" WEST, A DISTANCE OF 116.67 FEET, TO A POINT ON
THE WEST LINE OF SAID PARCEL;
THENCE (8) NORTH 00° 1700" EAST, ON AND ALONG SAID WEST LINE, A DISTANCE
OF 12.00 FEET TO THE POINT OF BEGINNING.
Page I of 2
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ORIGINAL.
AREA: 1,315 SQUARE FEET
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99997000088 TO
CONVERT TO GROUND DISTANCES.
4�o Qvpf ES51ONq`
LLOYD L. NORTON �n
� No. 24942
Exp. 12-31-15
CI V IL atiQ
lF �F C Al-
Rosedale Highway, 332 - 230 -06, TCE
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ORIGINAL.
LEGEND
NO BRACKETS CALCULATED BEARINGS & DISTANCES
PER GRANT DEED DOC u 0210108113 O.R.
{ I PER CALTRANS ROW MAP
f I PER GRANT DEED DOC 9 0210108113 O.R.
— — — EASEMENTS
TCE BOUNDARY
ORIGINAL PARCEL
AREA TABLE
7CE 1.315 SF
i
INW CORNER
I
SURVEY
SEC 26
SE
I
_
-
HWY
.
�ROSEDALE
a
SECTION LINE S89'50'E_ -
—
� —
FS89'46'Ej
rSOOl7'W
o
(2) S38'29'35 "E 3.01'
L 30.00'
I
M S89'50'E
(3) S89.56E 33.69'
S89'50'E
583.36'
(1) 69.33'
[S89'5O'E
I 583.375
S00' 7'W
1
�— �•
S00'17' W
4.75'
�� —
(7) N89.50 -W
6 11.78'
116.67' ( )
P.O.B.
S88'33'25 "E
N00'1 7'E
(5) 9.90'
(8) 12.00'
N38'49'35 "E
(4) 3.01'
CAO STEVEN
T & VU
HUONG
T
332 - 230 -06
NOTE: ALL CALCULATED DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY
0.99997000088 TO CONVERT TO GROUND DISTANCES
RASTs OF BEARING
THE NORTH LINE OF SECTION 26, T29S, R27E, MOM WHICH
BEARS S89'50'E PER GRANT DEED, RECORDED IN DOCUMENT
NO. 0210108113 O.R.
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TF OF A
C: ',,Civil 3D Pro jectsy394 -14\ Drawings \RGNJ \Plat -3. 7- 230-- Of— l "CEdwq 9/e_
SCALE 1' -60'
30-0_6
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ORTGINAL