HomeMy WebLinkAboutRES NO 042-14RESOLUTION NO. 042,,14
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT 9517
ROSEDALE HWY, BAKERSFIELD, CA 93313 (APN
368- 111 -22) 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 o� ,NK,6 `9
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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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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
I 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 19 2014, by the following vote:
Councilmembers: Rivera Maxwell
AYES:
NOES:
ABSTAIN
ABSENT:
APPROVED
In
, r ,
COUNCILMEMBER Rivera,
Weir, Smith, Hanson, Sullivan, Johnson
Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
COUNCILMEMBER wne
COUNCILMEMBER w(\e-
COUNCILMEMBER�\�
CITY CLERK L of
and Ex io Clerk of the
o
MAR 191014 Council the City Ba ersfield
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorn
By
ANDREW HEGLUND
Deputy City Attorney
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ORIGINAL
Exhibit A
Fee Legal Description and Plat Map
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EXHIBIT A
LEGAL DESCRIPTION
368- 111 -22
ALL THAT PORTION OF LOT 8 IN THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND
MERIDIAN IN UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER SALES MAP OF LANDS OF J.B. HAGGIN, FILED AUGUST
20,1890, IN THE OFFICIAL RECORD OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP
3285 FILED APRIL 22, 1976 IN THE OFFICIAL RECORD OF SAID COUNTY
RECORDER IN BOOK 15 AT PAGE 152 OF PARCEL MAPS;
THENCE (1) ALONG THE NORTH LINE OF SAID PARCEL 1 SOUTH 89 °42'16"
EAST 67.69 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1
AND THE POINT OF BEGINNING;
THENCE (2) ALONG THE SOUTH LINE OF THE NORTH 30 FEET OF SAID
SECTION 29 SOUTH 89 042'16" EAST 67.69 FEET TO NORTHWEST
CORNER OF PARCEL 1 OF PARCEL MAP 1346 FILED OCTOBER
11TH, 1973 IN THE OFFICIAL RECORD OF SAID COUNTY IN BOOK 7,
PAGE 85 OF PARCEL MAPS;
THENCE (3) ALONG THE WESTERLY LINE OF LAST SAID PARCEL 1 SOUTH
00 °17'02" WEST 0.24 FEET
THENCE (4) SOUTH 89-1614" WEST 20.34 FEET;
THENCE (5) SOUTH 25° 49' 08" WEST 4.47 FEET;
THENCE (6) SOUTH 89-15'44" WEST 19.94 FEET
THENCE (7) NORTH 27° 18'40" WEST 4.47 FEET;
Page 1 of 2
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THENCE (8) SOUTH 89° 15-14" WEST 23.41 FEET TO THE EAST LINE OF SAID
PARCEL 1 OF PARCEL MAP 3285;
THENCE (9) ALONG THE EAST LINE OF SAID PARCEL 1 NORTH 00-16'48" EAST
1.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 146 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A
PLAT LABELED "EXHIBIT B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER
MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS'ACT.
SIGNATURE :�!z it
IV
DERRILL G. WHITTEN JR., LS7816
DATE 2/28/2013 p LAN D 3 9G
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v DERRILL G. 0
—� WHITTEN JR.
* Ext' t2 -')1 •t3
NO. 7816 Q�
PF CA'
Page 2 of 2
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EXHIBIT B
ROSEDALE HWY. CENTERLINE V
N N
N. LINE SEC. 29, T29S, R27E MDM, S89'42'16 "E
M b
30' 30'
f0
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a
0
z
30' I 30'
67.61' _ 67.69'
PARCEL 1
P.M. 1346
SEE DETAIL
BELOW
O
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ON
O
O
to
O
LO
O
to
N
Z
PARCEL 1
POR. LOT 8,
0
w
P.M. 3285 ;�
SALES MAP
OF JB
w
z
R
HAGGIN
.=
in
iv
SEC. 29
n
0 0
0
a
T29S R27E
a
o
°z
zz
368 - 111 -22
zz
°
z
�z
oV)
zw
67.61'
67.68'
S89'42'16 "E
135.28'
P.O.B. L1
L7 L3 L2
L6 _5 L4
HATCH INDICATES
PROPOSED RIGHT OF
WAY (146 S.F.)
DETAIL
SCALE: V=20'
NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
SURVEY
ARE_ A TABLE_
PARCEL GROSS 10,147 SF
TAKE AREA 146 SF
REMAINDER NET 10,001 SF
SCALE: i "= 100'
11> AN EASEMENT FOR CANALS DITCHES,
HIGHWAYS, TELEGRAPH LINES, RAILROADS,
AND INCIDENTAL PURPOSES PER BK. 36, PG.
309 Q.R. (NOT PLOTTABLE)
Q2 EASEMENT TO VAUGHN WATER PER BK
4238, PG. 513 (BLANKET IN NATURE)
LINE TABLE
LINE BEARING LENGTH
L1 S89'42'16 "E 67.69'
L2 S00'17'02 "W 0.24'
L3 S89'15'14 "W 20.34'
L4 S25'49'08 "W 4.47'
L5 S89'151 4 "W 19.94'
L6 N27'18'40 "W 4.47'
L7 S89'15'14 'W 23.41'
L8 N00'16'48 "E 1.47'
LAND SU
RLS. No. 7816
s>�9� I OF CAL\FO��\P THE NORTH LINE OF SEC. 29, T29S, R27E.
,. M.D.B. &M SHOWN AS S89'42'16 "E ON STATE
HIGHWAY MAP AT BK. 4, PG 90, SHEET 6, O.R.
COILNEII.& -iCONJE ENGINEERING, INC. V RIGHT OF WAY ACQUISITION
208 OAK STREET 717 PIER VIEW WAY
BAKERSFIELD, CA 93304 OCEANSIDE, CA 92054 APN: 368 - 111 -22
TEL :(661)325 -9474 TEL. (760)722-3495
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING HATE: FEBRUARY 28, 2013 SHEET 1 1 q-
www.commtoneeng.com
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ORIGINAL.
❑
El
--------------------------------------------------------------- - - - - -- -❑
Parcel name: 368- 111 -220
El
North: 2327704.53157138 East: 6231246.84098799❑
L( Line Course ;649�424b6EE. LengthW7,!69' ❑
North. 2327704.18239567 East: 6231314.5263448611
L L Line Course: 84047-02 -M Length:'0'.rZ, -V ❑
North: 2327703.94085990 East: 6231314.525147560
L3 Line Course: S- 89- -1,5- 14- W- L °ength: 20134 --• ❑
North: 2327703.67596807 East: 6231294.18601168❑
4 Line Course:8- 25=49Q8LW =LengtW4 °47- ❑
North: 2327699.65013564 East: 6231292.238210740
/XS-Line Course: SQ8941544 -W- Length: 49:9.4— ❑
North: 2327699.39040047 East: 6231272.29501760❑
L(e Line Course: N- 2,7-h8 :40 11W Length:*'417, ❑
North: 2327703.36414068 East: 6231270.24303222❑
1-7 Line Course,- &89451-11P `UW- Length: -2844., ❑
North: 2327703.05926458 East: 6231246.83379238❑
G Line Course: N- 0046w48-,. Length: -44,74 ❑
North: 2327704.53157138 East: 6231246.84098799❑
Perimeter: 142.04 Area: 146 sq.ft. 0.00 acres❑
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ORIGINAL
Exhibit B
Temporary Construction Easement Plat Map
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EXHIBIT
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT (TCE) FOR APN: 368 - 111 -22
ALL THAT PORTION OF LOT 8 IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 29
SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN IN UNINCORPORATED AREA OF
THE COUNTY OF KERN, STATE OF CALIFORNIA, AS PER SALES MAP OF LANDS OF J.B. HAGGIN,
FILED AUGUST 20, 1890, IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO. 3285, FILED
APRIL 22, 1976 IN THE OFFICIAL RECORDS OF SAID COUNTY RECORDER IN BOOK 15 AT PAGE
152 OF PARCEL MAPS, SAID NORTHEAST CORNER BEING ON THE SOUTH LINE OF THE NORTH
30 FEET OF SAID SECTION 29; THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH
00 016'48" WEST 1.52 FEET TO THE POINT OF BEGINNING;
THENCE (1) DEPARTING SAID EAST LINE NORTH 89 °15'14" EAST 23.20 FEET;
THENCE (2) SOUTH 27 °18'40" EAST 4.47 FEET;
THENCE (3) NORTH 89 °15'14" EAST 19.94 FEET;
THENCE (4) NORTH 25 °49'08" EAST 4.47 FEET;
THENCE (5) NORTH 89 °15'14" EAST 20.55 FEET MORE OR LESS TO THE WEST LINE OF
PARCEL 1 OF PARCEL MAP NO. 1346, FILED FOR RECORD ON OCTOBER 11, 1973
IN BOOK 7, PAGE 85 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF
SAID COUNTY;
THENCE (6) SOUTHERLY ALONG LAST SAID WEST LINE SOUTH 00 °17'02" WEST 17.71 FEET;
TO A POINT ON THE SOUTH LINE OF THE NORTH 48.00 FEET OF SAID SECTION
29;
THENCE (7) ALONG LAST SAID SOUTH LINE NORTH 89 °42'16" WEST 67.69 FEET MORE OR
LESS TO THE EAST LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 3285;
THENCE (8) NORTHERLY ALONG LAST SAID EAST LINE NORTH 00 °16'48" EAST 16.48 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,069 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED
"EXHIBIT B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION,
IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
�V \„ RN D SU9G.
SIGNATURE �� A F�
DERRILL G. WRTTEN JR, PLS Ytl6 DERRILL G. 0
/-� -' WHITTEN JR.
DATE �- j 0
NO. 7816 Q
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ORIGINAL
EXHIBIT B
- ROSEDALE HWY. CENTERLINE
in
in N
N
N. LINE SEC. 29, T29S, R27E MDM. S89'42'16 "E
0 0
SB9'42'16 "E 67.69' \
30' 30'
f-
w
00
iD
rp
O
30' I 30'
.O.C.
L1 ;
P.O.B.
67.61'
0
SEE DETAIL --f
PARCEL 1
P.M. 1346
o BELOW OI w N
0 O ON
O i0 O N
PARCEL 1
w P.M. 3285 w
00 00
O 0
z z
POR. LOT 8,
BEARING
LENGTH
SALES MAP
S00'1 6'48 "W.
1.52
OF JB
w
23.20
HAGGIN
o
0 F
SEC. 29
N89'15 *14 "E
00
O J
T29S R27E
N25'49'08 "E
aw
368- 111 -22
zz
�, 0
L7
S00'l7'02 "W
aw
L8
NOO'16'48 "W
w?
J
a�
oQ
zw
67.61' I 67.68'
589'42'16 "E 135.28'
18'
r S89'42'16 "E 67.69'
P2 <� L4 L6
N89'42'16 "W 67.69'
' DETAIL
HATCH INDICATES SCALE: 1 " =20'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT (T.C.E.)
(1069 S.F.)
cORNIERS- IrONIE ENGINEERING, INC.
208 OAK STREET
BAKERSFIELD, CA 93304
TEL: (661)325 -9474
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
J
NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
SURVEY
LEGEND:
T.C.E. - TEMPORARY
CONSTRUCTION
EASEMENT
P.O.C. - POINT OF
COMMENCEMENT
P.O.B. - POINT OF BEGINNING
SCALE: 1 "= 100'
LINE TABLE
LINE
BEARING
LENGTH
Ll
S00'1 6'48 "W.
1.52
L2
N89'15'14 "E
23.20
L3
S27'1 8'40 "E
4.47
L4
N89'15 *14 "E
19.94
L5
N25'49'08 "E
4.47
L6
N89'15'14 "E
20.55
L7
S00'l7'02 "W
17.71
L8
NOO'16'48 "W
16.48
BASIS OF BEARINGS:
THE NORTH LINE OF SEC. 29, T29S, R27E.
M.D.B. &M SHOWN AS S89'42'16 "E ON STATE
HIGHWAY MAP AT BK. 4, PG 90, SHEET 6, O.R.
LAND
* P.L.S. No. 7816
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TEMPORARY CONSTRUCTION EASEMENT
APN: 368 - 111 -22 4gA
DATE: FEBRUARY 7, 2014 7—SHEET 1 Ci 1
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ORIGINAL
closure_TCE_368- 111- 22.txt
Parcel name: TCE 368- 111 -22
North: 2327703.01013667 East
Line course: N 89 -15 -14 E Length:
North: 2327703.31224075
Line Course: S 27 -18 -40 E Length:
North: 2327699.34051937
Line Course: N 89 -15 -14 E Length:
North: 2327699.60017262
Line Course: N 25 -49 -0$ E Length:
North: 2327703.62395593
Line Course: N 89 -15 -14 E Length:
North: 2327703.89155243
Line course: S 00 -17 -02 W Length:
North: 2327686.18176982
Line .Course: N 89 -42 -16 W Length:
North: 2327686.53094156
Line Course: N 00 -16 -48 E Length:
North: 2327703.01074477
6231246.83355228
23.20
East :
6231270.03158524
4.47
1
East :
6231272.08251900
19.94
East :
6231292.02082836
4.47
East :
6231293.96763802
20.55
East
: 6231314.51589566
17.71.
East
: 6231314.42814658
67.69
East
: 6231246.73904717
16.48
East
: 6231246.81958332
Perimeter: 174.51 Area: 1,069 sq.ft. 0.02 acres
Mapcheck closure - (uses listed courses, radii, and deltas)
Error Closure: 0.01398218 course: N 87 -30 -26 W
Error North: 0.000608100 East : - 0.013968954
Precision 1: 12,480.89
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ORIGINAL.