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Home My WebLink AboutRES NO 046-14RESOLUTION NO. 046-- 14 A RESOLUTION OF NECESSITY BY THE CITY OF BAKERSFIELD CONDEMNING TEMPORARY CONSTRUCTION EASEMENTS ON A PORTION OF CERTAIN REAL PROPERTY LOCATED ON ROSEDALE HWY, IN BAKERSFIELD, CA 93308 (APN 452 - 060 -05, 452 - 060 -39 & 452 - 060 -41). 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 AK o� 0 F9J-n -- Page 1 of 3 Pages -- ORIGINA' 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 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" 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. O� ® AK6,9 s , -- Page 2 of 3 Pages -- U � ORIGINA 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 192014, by the following vote: Councilmembers: Rivera, Max ✓ II, Weir Smith, H�nson Sullivan, Johnson AYES: COUNCILMEMBER Rivera, Maxwell, Weir, Smith, Hanson, Sullivart, NOES: ABSTAIN ABSENT: COUNCILMEMBER nee. COUNCILMEMBER COUNCILMEMBER �, W CITY CLERK and Ex OAiho Clerk of the Council of the City of Bakersfield MAR 19 2014 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorn By ANDREW HEGLUND Deputy City Attorney -- Page 3 of 3 Pages -- Johnson U ORIG!Nk* Exhibit A Temporary Construction Easement Plat Map O "I �,AK, 9q U O ORIGINAL State Route 58 Rosedale Highway TEMPORARY CONSTRUCTION EASEMENT 452 - 060 -05 ALL THAT PORTION OF LOT 25 IN SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF SAID SECTION, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 15, 1891, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP WAIVER NO. 760, AS PER CERTIFICATE OF COMPLIANCE RECORDED AUGUST 26, 1986 IN BOOK 5909, PAGE 472 OF OFFICIAL RECORDS, A DISTANCE OF 398.73 FEET EAST OF THE EASTERLY LINE OF THE FRIANT KERN CANAL, BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF ROSEDALE HIGHWAY (STATE ROUTE 58) AS DESCRIBED IN GRANT DEED RECORDED DECEMBER 31, 1969, IN BOOK 4351, PAGE 794, O.R, ALSO BEING A POINT ON THE WEST LINE OF THE "NOT A PART" PARCEL PER SAID PARCEL MAP WAIVER; THENCE (1) NORTH 00° 00'15" EAST, ON AND ALONG THE EAST LINE OF SAID PARCEL 2, AND THE WEST LINE OF SAID "NOT A PART" PARCEL, A DISTANCE OF 16.07 FEET; THENCE (2) SOUTH 89° 57'45" EAST, A DISTANCE OF 301.46 FEET, TO A POINT ON THE EAST LINE OF SAID "NOT A PART" PARCEL; THENCE (3) SOUTH 40° OF 02" EAST, A DISTANCE OF 20.99 FEET, TO A POINT ON SAID NORTH LINE; THENCE (4) NORTH 89° 5T 45" WEST, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 314.96 FEET, TO THE POINT OF BEGINNING. AREA: 4,952 SQUARE FEET, MORE OR LESS ��oQRpfESSIpNq�� of LLOYD L. NORTON NO. 24942 k Exp. 12-31-15 JJgjF CIVIL OF 0 pLZF Rosedale Highway, 452- 060 -05, TCE o``gAKF9� U O ORIGINAL. LEGEND NO BRACKETS CALCULATED BEARINGS d DISTANCES PER PMW 760 BK. 5909, PG. 472 1 1 PER PMW 760 SK. 5909. PG. 472 I } PER CALTRANS ROW MAP TCE BOUNDARY ORIGINAL PARCEL — — — EASEMENTS PARCEL 2, PMW 760 AREA TABLE TCE 4.952 SF BLACK JOHN & WEST KATHY 452 - 060 -05 ( "NOT A PART " -PMW 760) I N00'00'15 "E (1) 16.07' ^o '57'45 "E(2) S89 0 p -- -- — — — — — — - ¢lo 00 � z W 3 P.O.B. to O iM I 0 N O Z I I ,SW CORNERI SECnON 21 I I �e�o QROFESSIpN� Fy ti c BASIS OF BEARING Z THE SOUTH LINE OF SECTION 21. T.29S., R.27E., M.D.M. WHICH ri LLOYD L. NORTON r^ BEARS N89'5745W AS SHOWN ON PARCEL MAP WAIVER 760, No. 24942 RECORDED IN BOOK 5909, PAGE 472, O.R. * Exp. 12 -31 -15 LPJgT c vi aN F OF CAO hd: \ 394- 14',Drowings \ROW \Plat -452- 060- 05- TCE.dvig `�.� /� 4611,�e (4) N89-57.45 Sn LO ROSEDALE HWY 04 N [S89'57'45 "E] €S89- 42.16•El — — PARCEL 2, PMW 760 10' SLOPE EASEMENT Bk 4351, PG 794 - - - - -- � 314.96' 540'01'02 "E (3) 20.99' � SURVEY SECTION LINE N SCALE 1 '-50' ROSEDALE HIGHWAY WIDENING Temporary Canstructian Easanent DRAW eY' MAS --02/14 [ -' 39.4_ -14 °"' BLACK JOHN 6 WEST KATHY 8 l< v , p > m F- r v 4 oRIOINAL State Route 58 Rosedale Highway TEMPORARY CONSTRUCTION EASEMENT 452- 060 -39 A PORTION OF PARCEL 1 OF PARCEL MAP WAIVER NO. 760, AS PER CERTIFICIATE OF COMPLIANCE RECORDED AUGUST 26, 1986 IN BOOK 5909 PAGE 472 OF OFFICIAL RECORDS, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF SAID SECTION FILED IN THE OFFICE OF THE COUNTY RECORDER OF KERN COUNTY ON JULY 15,189 1, DESCRIBED AS FOLLOWS:: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL I OF PARCEL MAP WAIVER NO. 760, A DISTANCE OF 1105.73 FEET EAST OF THE EASTERLY LINE OF THE FRIANT KERN CANAL, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF ROSEDALE HIGHWAY (STATE ROUTE 58) AS DESCRIBED IN GRANT DEED RECORDED DECEMBER 31, 1969, IN BOOK 4351, PAGE 794, O.R; THENCE (1) NORTH 89° 57'45" WEST, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 46.15 FEET; THENCE (2) NORTH 38° 27'22" WEST, A DISTANCE OF 10.95 FEET; THENCE (3) SOUTH 89° 57' 45" EAST, A DISTANCE OF 45.76 FEET, TO A POINT ON THE EAST LINE OF SAID PARCEL 1; THENCE (4) SOUTH 40° 01'02" EAST, ON AND ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 11.20 FEET, TO THE POINT OF BEGINNING. AREA: 394 SQUARE FEET, MORE OR LESS QRpFESSIpN�( F i� yc✓ LLOYD L. NORTON {yip cc NO. 24942 rn * Exp. 12 -31 -15 Lp�9p C I V1 F �F CAO- Rosedale Highway, 452- 060 -39, TCE o1<�AK�9 s r,) O ORIGINAL_ LEGEND NO BRACKETS CALCULATED BEARINGS d DISTANCES PER PMM 760 BK. 5909. PC. 472 1 1 PER PMM 760 BK. 5909, PG. 472 { } PER CALTRANS ROM MAP TCE BOUNDARY ORIGINAL PARCEL — — — EASEMENTS CALLOWAY CANAL, AREA TABLE TCE 394 SF BLACK JOHN A & GLENDA S 452 - 060 -39 PARCEL 1, PMW 760 3 I� Q I Q N(2) 10 00 w w WWL� 3 IL,fO�r in ' (� N Ig S89'57'45 "E] 1364.49' €S89- 42.16 "El SW CORNER SECTION 21 ( t N: \394-- 14\6ruwiny5 \N0N \Plot- 452 -060 S89'57'45 "E 22 "W (3) 45.7 S40'01'02 "E .95' (4) 11.20' N89-57.45 "W I ,— P.O.B. (1) 46.15' NOO-02'15 "E SURVEY -T ROSEDALE HWY SECTION LINE BASIS OF BEARING THE SOUTH LINE OF SECTION 21. T.29S., R.27E., M.D.M. WHICH BEARS NB9'57'45"W AS SHOWN ON PARCEL MAP WAIVER 760, RECORDED IN BOOK 5909, PAGE 472, O.R. u SCALE 1 '060' ol 1— r v ORIGINAL. State Route 58 Rosedale Highway TEMPORARY CONSTRUCTION EASEMENT 452 - 060 -41 A PORTION OF PARCEL 2 OF PARCEL MAP WAIVER NO. 760, AS PER CERTIFICATE OF COMPLIANCE RECORDED AUGUST 26,1986 IN BOOK 5909, PAGE 472 OF OFFICIAL RECORDS, BEING ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, BEING PORTIONS OF LOTS 24 AND 25 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY AS SHOWN ON THAT CERTAIN MAP RECORDED IN THE KERN COUNTY RECORDER'S OFFICE JULY 15, 1891, AND THE CALLOWAY CANAL AS SHOWN ON SAID SALES MAP MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, A DISTANCE OF 142.00 FEET EAST OF THE EASTERLY LINE OF THE FRIANT KERN CANAL, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF ROSEDALE HIGHWAY (STATE ROUTE 58) AS DESCRIBED IN GRANT DEED RECORDED DECEMBER 31, 1969, IN BOOK 4351, PAGE 794, O.R; THENCE (1) NORTH 00° 00'15" EAST, ON AND ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 15.97 FEET; THENCE (2) SOUTH 89° 57'45" EAST, A DISTANCE OF 256.73 FEET, TO A POINT ON THE EAST LINE OF SAID PARCEL; THENCE (3) SOUTH 00° 00'15" WEST, A DISTANCE OF 15.97 FEET, TO A POINT ON SAID NORTH LINE; THENCE (4) NORTH 89° 57'45" WEST, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 256.73 FEET, TO THE POINT OF BEGINNING. AREA: 4,100 SQUARE FEET, MORE OR LESS 4RpFESSIpN�` e ti yc✓' LLOYD L. NORTON yn a NO. 24942 rn Exp. t2 -31 -15 Lp�9�F � I I V I�F��~� C A Rosedale Highway, 452- 060 -41, TCE o��AK�9s T >- m � r v � ORIGINAL LEGEND NO BRACKETS CALCULATED BEARINGS d DISTANCES PER PMW 760 SK. 5909. PG. 472 [ j PER PMW 760 OK. 5909. PG. 472 F PER CALTRANS ROW MAP .�. TCE BOUNDARY ORIGINAL PARCEL — — — EASEMENTS PARCEL 3. PMW 760 AREA TABLE TCE 4.100 SF BLACK JOHN A & GLENDA S 452 - 060 -41 PARCEL 2. PMW 760 BK 5909, PG 472 20' P.G.&E. EASEMENT PER DOC. 0199099026 rn 3 i vi I NOO'00'15 "E (2) S89'57'45 "E pI� (1) 15.97' — -- O o — —m — [ z (4) N89'57'4` La II P.O.B. I � U o NOO'00'15 "E I O Saw i Z I _ I -T It ROSEDALE HWY S89'57'45'E] I 400.90' _ "El )SW _ €S89'42'16 E211 CTlOONN I I Qc�O QROFESS144 i� ycf LLOYD L. NORTON No. 24942 in 04 10' SLOPE EASEMENT Bk 4351, PG 794 256.73' 256. CE SURVEY SECTION LINE BASIS OFF BEARING THE SOUTH LINE OF SECTION 21, T.29S.. R.27E.. M.D.M. WHICH SEARS RECORDED DIr� 5909 PAAGEO47 .RL MAP WAIVER 780, * Exp.12 -31 -15 C I vi OQ`��Q F OF CAI N:\ 394-- .14 \0:- swings \ROW \Pict- 452 - 067- 41 —FI_ .dwg S00'00'1 5 "V (3) 15.97' SCALE 1 0-60' ROSEDALE HIGHWAY WIDENING Temporary Construct[on Easement MAWN ey"MAS -.02/14 "E' 394 -14 °WR' BLACK JOHN A A. GLENDA S PMC0.: _ 452- 060-41 o��PK�9J -n >- m v 'Y ORIGINAL