HomeMy WebLinkAboutRES NO 043-14RESOLUTION NO. 043-.14
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT 12743
ROSEDALE HWY, BAKERSFIELD, CA 93312 (APN
496- 050 -16) 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 ��AxF9
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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.
-- Page 2 of 3 Pages --
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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 19 2014 , by the following vote:
Councilmembers: Rivera, Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
VP .00, z ✓ ✓ ✓
AYES: COUNCILMEMBER Rivera, Maxwell, Weir, Smith, Hanson, Sullivan,
NOES: COUNCILMEMBER �wNe -P
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ABSTAIN: COUNCILMEMBER ( e,
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Off' i Clerk of the
Council of the City of Ba ersfield
APPROVED MAR 191014
By P'/ ' 9r,
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorn
By
ANDREW HEGLUND
Deputy City Attorney
-- Page 3 of 3 Pages --
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Johnson
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ORIGINAL
Exhibit A
Fee Legal Description and Plat Map
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ORIGINAL.
EXHIBIT A
LEGAL DESCRIPTION
496- 050 -16
ALL THAT PORTION OF LOTS 3 AND 4 IN BLOCK 3 OF THE TOWN OF ROSEDALE,
IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF
CALIFORNIA, ACCORDING TO THE MAP ENTITLED "SALES MAP OF LANDS OF
KERN COUNTY LAND COMPANY OF LOTS 7 AND 8, OF SECTION 25, TOWNSHIP
29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN TOWN OF
ROSEDALE", RECORDED JANUARY, 30, 1891 IN THE OFFICIAL RECORD OF THE
COUNTY RECORDER OF SAID COUNTY DESCRIBED MORE PARTICULARLY AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4 BEING THE SOUTH
RIGHT OF WAY OF ROSEDALE HIGHWAY AND THE SOUTH LINE OF THE NORTH
30 FEET OF SAID SECTION 25;
THENCE (1) ALONG SAID SOUTHERLY RIGHT OF WAY SOUTH 89 °37'14" EAST
99.88 FEET TO THE NORTHEAST CORNER OF SAID LOT 3;
THENCE (2) ALONG THE EAST LINE OF SAID LOT 3 SOUTH 00 °19'07" WEST 3.45
FEET;
THENCE (3) SOUTH 89-20'21 "WEST 20.73 FEET;
THENCE (4) NORTH 31-37'33" WEST 3.50 FEET;
THENCE (5) SOUTH 89 °2016" WEST 62.70 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH 32.00 FEET OF SAID SECTION 25;
THENCE (6) ALONG THE SOUTH LINE OF THE NORTH 32.00 FEET OF SAID
SECTION 25 NORTH 89 037'14" WEST 14.62 FEET TO THE WEST LINE
OF SAID LOT 4;
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ORIGINAL.
THENCE (7) ALONG THE WEST LINE OF SAID LOT 4 NORTH 00 °19 -34" EAST 2.00
FEET TO THE NORTHWEST CORNER OF SAID LOT AND THE POINT
OF BEGINNING.
CONTAINING 199 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 r V DERRILL G. O
WHITTEN JR. �D
DERRILL G WHITTEN JR, PLS 7816 oltXP / ,2.3/• /s
n NO. 7816 Q-I
DATE J�' r /3 \ C
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ORIGINAL.
NW COR. SEC. 25,
T29S, R26E. M.D.B. &M.
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EXHIBIT B
CENTERLINE ROSEDALE HIGHWAY - ' o
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S89'37'14 "E 2626.38' N
I $ 2305.67'
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S89'37'1 4 "E 89.94'--,,-- S8937'14 "E 99.88' M
EE DETAIL
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�' S89*38'13"F 99.90'
BASIS OF BEARINGS:
THE NORTH LINE OF SEC.
25, T29S, R26E. M.D.B. &M
SHOWN AS S89 *37'14 "E ON
STATE HIGHWAY MAP AT BK.
4, PG 90, SHEET 6, O.R.
P.O.B.
Q EASEMENT FOR ACCESS AND
FENCED AREA PER PER DOC,
0201133782 O.R.
® EASEMENT FOR WATER WELL
PER DOC. 0201133781. O.R.
HATCH INDICATES --�
PROPOSED RIGHT OF
WAY 199 S.F.
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CORNERSTONE ENGINE EILIING, INC.
208 OAK STREET 717 PIER VIEW WAY
BAKERSFIELD, CA 93304 OCEANSIDE, CA 92054
TEL-(661)325-9474 TEL (760)722 -3495
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
www.comametoneeng.com
NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
SURVEY
AREA TABLE(5.F.):
PARCEL NET** 15978
TAKE GROSS 199
REMAINDER NET 15,779
* *AREA LESS EASEMENTS
NORTH 1/4 COR. SEC. 25,
T29S, R26E. M.D.B. &M.
SCALE: f "= 50'
LINE TABLE
LINE BEARING LENGTH
L1 S001 9'07 "W 3.45'
L2 N00'19'34 "E 2.00'
RIGHT OF WAY ACQUISITION
APN: 496- -050 -16
DATE: APRIL 2, 2013 SHEET 1
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ORIGINAL.
------------- - - - - -- -------------------------------------------- - - - - -•
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Parcel name: (5) 496 - 050 -16•
• North: 2327809.34089867 East 6220613.69763920•
Line Course: S 89 -37 -14 E Length: 99.88 •
North: 2327808.67944272 East 6220713.575448929
Line Course: S 00 -19 -07 W Length: 3.45 •
North: 2327805.22949607 East 6220713.55626422•
Line Course: S 89 -20 -21 W Length: 20.73 •
North: 2327804.99040740 East 6220692.82764302•
Line Course: N 31 -37 -33 W Length: 3.50 •
North: 2327807.97062448 East 6220690.992348469
Line Course: S 89 -20 -16 W Length: 62.70 •
North: 2327807.24595664 East 6220628.296536349
Line Course: N 89 -37 -14 W Length: 14.62 •
North: 2327807.34277769 East 6220613.676856959
Line Course: N 00 -19 -34 E Length: 2.00 •
North: 2327809.34274529 East 6220613.688240319
•
Perimeter: 206.88 Area: 199 sq.ft. 0.00 acres*
Mapcheck Closure - (Uses listed courses, radii, and deltas)•
Error Closure: 0.00957857 Course: N 78 -53 -04 We
Error North: 0.001846620 East : - 0.009398887 •
Precision 1: 21,598.21 •
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ORIGINAL.
Exhibit B
Temporary Construction Easement Plat Map
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ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT (TCE) FOR APN: 496- 050 -16
ALL THAT PORTION OF LOTS 3 AND 4 IN BLOCK 3 OF THE TOWN OF ROSEDALE, IN THE
UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE MAP ENTITLED "SALES MAP OF LANDS OF KERN COUNTY LAND
COMPANY OF LOTS 7 AND 8, OF SECTION 25, TOWNSHIP 29 SOUTH, RANGE 26 EAST,
MOUNT DIABLO BASE AND MERIDIAN TOWN OF ROSEDALE', RECORDED JANUARY, 30,
1891 IN THE OFFICIAL RECORD OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4, ALSO BEING ON THE
SOUTH RIGHT OF WAY OF ROSEDALE HIGHWAY AND THE SOUTH LINE OF THE NORTH
30 FEET OF SAID SECTION 25; THENCE ALONG THE WEST LINE OF SAID LOT 4 SOUTH
00 019'34" WEST 2.00 FEET TO THE POINT OF BEGINNING;
THENCE (1) DEPARTING LAST SAID WEST LINE SOUTH 89 °37'14" EAST 14.62 FEET;
THENCE (2) NORTH 89 °20'16" EAST 62.70 FEET;
THENCE (3) SOUTH 31-37'33- EAST 3.50 FEET;
THENCE (4) NORTH 89 °20'21" EAST 20.73 FEET TO THE EAST LINE OF SAID LOT 3;
THENCE (5) ALONG SAID EAST LINE SOUTH 00 °19'07" WEST 7.00 FEET;
THENCE (6) DEPARTING LAST SAID EAST LINE SOUTH 89 °20'16" WEST 99.90 FEET TO
THE WEST LINE OF SAID LOT 4;
THENCE (7) ALONG THE LAST SAID WEST LINE NORTH 00 °19'34" EAST 10.27 FEET TO
THE POINT OF BEGINNING.
CONTAINING 936 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.
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SIGNATURE 9
DERRILL TTE JR, P LO,.7yl 6 w�
� DERRILL G. �
—' WHITTEN JR.
DATE -217/1
NO. 7816 Q
Page 1 of 1 OF CAL
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ORIGINAI
EXHIBIT B
NW COR. SEC. 25,
T29S, R26E. M.D.B. &M.
0 CENTERLINE ROSEDALE HIGHWAY 7;r o
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N 589'37'14 "E 2626.38' N `
320.71' 2305.67' °o
-°o { M
S89'37'14 "E 89.94' Zv..- S8937'14 "E 99.88' -•�
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SEE IDETAIL f
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496- 050 -16
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3"£ 99.90'
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NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
• SURVEY
LEGM
P.O.C. - POINT OF
COMMENCEMENT
T.C.E. - TEMPORARY
CONSTRUCTION
EASEMENT
P.O.B. - POINT OF
BEGINNING
S.F. - SQUARE FEET
NORTH 1/4 COR. SEC. 25,
T29S, R26E. M.D.B. &M.
SCALE: V- 50'
LINE TABLE
LINE
BEARING
LENGTH
L1
SOO'l9'34 "W
LJ
M
O
N89'37'1 4 "E
0
°
L3
rn
3.50
S�
N89'20'21 "E
20.73
L5
S00'19'07 "W
0
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3"£ 99.90'
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NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
• SURVEY
LEGM
P.O.C. - POINT OF
COMMENCEMENT
T.C.E. - TEMPORARY
CONSTRUCTION
EASEMENT
P.O.B. - POINT OF
BEGINNING
S.F. - SQUARE FEET
NORTH 1/4 COR. SEC. 25,
T29S, R26E. M.D.B. &M.
SCALE: V- 50'
LINE TABLE
LINE
BEARING
LENGTH
L1
SOO'l9'34 "W
2.00
L2
N89'37'1 4 "E
14.62
L3
S31'37'33 "E
3.50
L4
N89'20'21 "E
20.73
L5
S00'19'07 "W
7.00
L6
N00'1 9'34 "E
10.27
BASIS OF BEARINGS: LANp THE NORTH LINE OF SEC. Aw;CD St,
25, T29S, R26E. M.D.B. &M ��� \ 'w �Et
SHOWN AS S89'37'14 "E ON iZl 711 ti
STATE HIGHWAY MAP AT BK.
4, PG 90, SHEET 6, O.R.
P.L.S. No. 7816
HATCH INDICATES
PROPOSED T.C.E OF CAL1F���
(936.00 S.F.)
P.O.C.
S89'37'1 4 "E 99.88'
L1�� L2 N89'20'16 "E 62.70' L4
P.O.B. J/ J
LOT 5 LOT 4 S89'20'16 "W 99.90 LOT 3 LOT 2
DETAIL
SCALE: 1 " = 20'
CORN]ERSIC'4N]E ENGIINEIER]ING, IINC. TEMPORARY CONSTRUCTION EASEMENT
208 OAK STREET
BAKERSFIELD, CA 93304 APN' 496 -050 -16
TEL: (661)325-9474
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
www.cornerstoneeng.corn DATE: FEBRUARY 4, 2014 SHE 1 0 T1
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ORIGINAL
Parcel name: TGE 496- 050 -16
North: 2327807.33930399 East
: 6220613.68624837
j Line
Course:
S 89 -37 -14 E Length:
14.62
North:
2327807.24248294
East :
6220628.30592776
,2 Line
Course:
N 89 -20 -16 E Length:
62.70
North:
2327807.96715079
East
: 6220691.00173988
Jj Line
Course:
S 31 -37 -33 E Length:
3.50
North:
2327804.98693370
East
: 6220692.83703445
Line
Course:
N 89 -20 -21 E Length:
20.73
North:
2327805.22602237
East
: 6220713.56565564
Jr Line
Course:
S 00 -19 -07 W Length:
7.00
North:
2327798.22613060
East
: 6220713.52673015
(r Line
Course:
S 89 -20 -16 W Length:
99.90
North:
2327797.07151628
East
: 6220613.63340272
`j Line
Course:
N 00 -19 -34 E Length:
10.27
North:
2327807.34134993
East
: 6220613.69185629
Perimeter: 218.71 Area: 936 sq.ft. 0.02 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00596948 Course: N 69 -57 -23 E
Error North: 0.002045944 East : 0.005607923
Precision 1: 36,639.71
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ORIGNAI