HomeMy WebLinkAboutRES NO 044-14RESOLUTION NO. 044 -14
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A PORTION OF
CERTAIN REAL PROPERTY LOCATED ON
ROSEDALE HWY, BAKERSFIELD, CA 93308 (APN
332 - 260 -01 AND 332 - 260 -02) AND TEMPORARY
CONSTRUCTION EASEMENTS 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`�;bPK, 9q
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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 interests 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, Weir, Smith, Hanson, Sullivan, Johnson
AYES: COUNCILMEMBERRivera, Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
NOES: COUNCILMEMBER )W— Ne,
ABSTAIN: COUNCILMEMBER �Wke ,
ABSENT: COUNCILMEMBER oc\te
APPROVED
CITY CLERK and Ex O ' io Clerk of the
MAR 19 2014 Council of the City of Bakersfield
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Aft n y
By
ANDREW HEGLU D
Deputy City Attorney
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Exhibit A
Fee Legal Description and Plat Map
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State Route 58 Rosedale Highway
332 - 260 -01902
THAT PORTION OF LOT 1 IN SECTION 27 T.29S, R.27E, M.D.M, IN THE
COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP OF SAID SECTION 27,
RECORDED DECEMBER 7, 1909, IN BOOK 1, PAGE 30 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 27;
THENCE (1) SOUTH 00° 04'00" WEST, ON AND ALONG THE EAST LINE OF SAID
SECTION 27, A DISTANCE OF 34.69 FEET;
THENCE (2) NORTH 88° 44' 48" WEST, A DISTANCE OF 46.59 FEET;
THENCE (3) SOUTH 39° 54'48" WEST, A DISTANCE OF 2.88 FEET;
THENCE (4) NORTH 88° 44'48" WEST, A DISTANCE OF 23.84 FEET;
THENCE (5) NORTH 37° 24'23" WEST, A DISTANCE OF 2.88 FEET;
THENCE (6) NORTH 88° 44'48" WEST, A DISTANCE OF 103.81 FEET;
THENCE (7) SOUTH 89° 59' WEST, A DISTANCE OF 185.17 FEET;
THENCE (8) SOUTH 38° 37'46" WEST, A DISTANCE OF 2.87 FEET;
THENCE (9) SOUTH 89° 58'10" WEST, A DISTANCE OF 23.84 FEET;
THENCE (10) NORTH 38° 41' 25" WEST, A DISTANCE OF 2.88 FEET;
THENCE (11) SOUTH 89° 59' WEST, A DISTANCE OF 89.70 FEET;
THENCE (12) SOUTH 63° 25'06" WEST, A DISTANCE OF 8.38 FEET;
THENCE (13) SOUTH 89° 59' WEST, A DISTANCE OF 50.94 FEET;
THENCE (14) NORTH 63° 27'06" WEST, A DISTANCE OF 8.38 FEET;
THENCE (15) SOUTH 89° 59' WEST, A DISTANCE OF 260.25 FEET;
THENCE (16) NORTH 00-01'10" WEST, A DISTANCE OF 0.75 FEET TO A POINT ON
THE SOUTH LINE OF ROSEDALE HIGHWAY AS SHOWN ON SAID MAP
OF SAID SECTION 27;
Page 1 of 2
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THENCE (17) SOUTH 89° 59' WEST, A DISTANCE OF 354.80 FEET;
THENCE (18) SOUTH 84° 16'24" WEST, A DISTANCE OF 20.10 FEET;
THENCE (19) SOUTH 89° 59' WEST, A DISTANCE OF 63.78 FEET;
THENCE (20) SOUTH 88° 42' 34" WEST, A DISTANCE OF 86.51 FEET TO A POINT ON
THE WEST LINE OF SAID LOT 1;
THENCE (21) NORTH 00° 04' EAST, ON AND ALONG SAID WEST LINE, A DISTANCE
OF 33.92 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 1;
THENCE (22) NORTH 89° 59' EAST, ON AND ALONG SAID NORTH LINE, A DISTANCE
OF 1331.36 FEET, TO THE POINT OF BEGINNING.
AREA: 41,634 SQUARE FEET, MORE OR LESS
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99997000088 TO
CONVERT TO GROUND DISTANCES.
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Exhibit B
Temporary Construction Easement Plat Map
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State Route 58 Rosedale Highway
332 - 260 -01,02
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 1 IN SECTION 27 T.29S, R.27E, M.D.M, IN THE
COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP OF SAID SECTION 27,
RECORDED DECEMBER 7, 1909, IN BOOK 1, PAGE 30 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27;
THENCE SOUTH 000 04'00" WEST, ON AND ALONG THE EAST LINE OF SAID
SECTION 27, A DISTANCE OF 34.69 FEET, TO THE POINT OF
BEGINNING;
THENCE (1) SOUTH 00° 04'00" WEST, ON AND ALONG LAST SAID EAST LINE, A
DISTANCE OF 13.99 FEET;
THENCE (2) NORTH 88° 44' 48" WEST, A DISTANCE OF 177.35 FEET;
THENCE (3) SOUTH 89° 59' WEST, A DISTANCE OF 514.16 FEET;
THENCE (4) NORTH 00° 01'10" WEST, A DISTANCE OF 1.75 FEET;
THENCE (5) SOUTH 89° 59' WEST, A DISTANCE OF 639.89 FEET TO A POINT ON THE
WEST LINE OF SAID LOT 1;
THENCE (6) NORTH 000 04' EAST, ON AND ALONG SAID WEST LINE, A DISTANCE
OF 9.08 FEET;
THENCE (7) NORTH 88° 42' 34" EAST, A DISTANCE OF 86.51 FEET;
THENCE (8) NORTH 89° 59' EAST, A DISTANCE OF 63.78 FEET;
THENCE (9) NORTH 84° 16'24" EAST, A DISTANCE OF 20.10 FEET TO A POINT ON
THE SOUTH LINE OF ROSEDALE HIGHWAY AS SHOWN ON SAID MAP
OF SAID SECTION 27;
THENCE (10) NORTH 89° 59' EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE
OF 354.80 FEET;
THENCE (11) SOUTH 00° 01'10" EAST, A DISTANCE OF 0.75 FEET;
THENCE (12) NORTH 890 59' EAST, A DISTANCE OF 260.25 FEET;
Page 1 of 2
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THENCE (13) SOUTH 63° 27' 06" EAST, A DISTANCE OF 8.38 FEET;
THENCE (14) NORTH 89° 59' EAST, A DISTANCE OF 50.94 FEET;
THENCE (15) NORTH 63° 25'06" EAST, A DISTANCE OF 8.38 FEET;
THENCE (16) NORTH 89° 59' EAST, A DISTANCE OF 89.70 FEET;
THENCE (17) SOUTH 38° 41'25" EAST, A DISTANCE OF 2.88 FEET;
THENCE (18) NORTH 89° 58' 10" EAST, A DISTANCE OF 23.84 FEET;
THENCE (19) NORTH 38° 37' 46" EAST, A DISTANCE OF 2.87 FEET;
THENCE (20) NORTH 89° 59' EAST, A DISTANCE OF 185.17 FEET;
THENCE (21) SOUTH 88° 44' 48" EAST, A DISTANCE OF 103.81 FEET;
THENCE (22) SOUTH 37° 24'23" EAST, A DISTANCE OF 2.88 FEET;
THENCE (23) SOUTH 88° 44'48" EAST, A DISTANCE OF 23.84 FEET;
THENCE (24) SOUTH 39° 54'48" EAST, A DISTANCE OF 2.88 FEET;
THENCE (25) SOUTH 88° 44'48" EAST, A DISTANCE OF 46.59 FEET, TO THE POINT
OF BEGINNING.
AREA: 17,171 SQUARE FEET, MORE OR LESS
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99997000088 TO
CONVERT TO GROUND DISTANCES.
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