HomeMy WebLinkAboutRES NO 120-14RESOLUTION NO. 12G- 1 4
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A FEE INTEREST
ON PORTIONS OF CERTAIN REAL PROPERTY
LOCATED ON STATE ROUTE 178, BAKERSFIELD,
CA 93306 (APN 387 - 020 -52).
WHEREAS, the City of Bakersfield is authorized to protect the public health,
safety and welfare by participating in and implementing the State Route 178 ( "SR- 178 ")
Widening Project (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 State Route 178 from two lanes to six lanes from 0.68
miles east of Morning Drive to Masterson Street, and from two to four lanes from
Masterson Street to Miramonte Drive 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 30, 2012 by the City Council, the contents
thereof are incorporated as though fully set forth herein, and the Mitigated Negative
Declaration was approved by the Department of Transportation, State of California, on
August 20, 2012; 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
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necessary property interests within the County, including use of the power of eminent
domain, for the Project; and
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 in that certain real property (the "Subject Property "),
more particularly designated and described as:
SEE EXHIBIT "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.
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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
by the following vote:
Councilmembers: Rivera, Maxwell, Weir, , Sul Ivan, Johnson
AYES COUNCILMEMBER
NOES: COUNCILMEMBER N Off.
ABSTAIN: COUNCILMEMBER ty , p
ABSEN : COUNCILMEMBER s Vv-,
CITY CLERK and Ex 0 o Clerk eof the
Council of the City of Bakersfield
APPROVED JUL 16 2C14
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor '1"4J
By
ANDREW HEGLIJIND
Deputy City Attorney
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EXHIBIT A
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EXHIBIT A
LEGAL DESCRIPTION
PORTION OF PARCEL B
LOT LINE ADJUSTMENT 05 -1842
KERN COUNTY, CA
(APN 387 - 020 -52) [CT# 87107 -1
THAT PORTION OF PARCEL B OF LOT LINE ADJUSTMENT 05 -1842 IN THE COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP RECORDED APRIL 26, 2007 AS DOCUMENT NO. 0207089237 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL B, THENCE; ALONG THE WESTERLY LINE OF
SAID PARCEL B N00 919'07 "W (record bearing N00 110'36 "W) 58.94' TO THE TRUE POINT OF BEGINNING,
THENCE; CONTINUING ALONG SAID WESTERLY LINE OF PARCEL B N0011 9'07"E 20.90" TO A LINE 19.50'
NORTHWESTERLY AND PARALLEL TO THE NORTHWESTERLY LINE OF THE 110.00' RIGHT OF WAY OF STATE
ROUTE 178 (VI -KER -178),
THENCE; ALONG SAID NORTHWESTARLY LINE N69 1114'45 "E 281.91',
THENCE; DEPARTING SAID NORTHWESTARLY LINE N26 °38'01 "E 39.80' TO THE WESTERLY LINE OF THE 80.00'
RIGHT OF WAY OF ALFRED HAROLD HIGHWAY (COUNTY ROAD 2239),
THENCE; ALONG SAID WESTARLY LINE S09 °10'13 "E 47.42' TO THE INTERSECTION OF THE WESTERLY RIGHT
OF WAY LINE OF ALFRED HAROLD HIGHWAY(COUNTY ROAD 2239) AND THE NORTHWESTERLY RIGHT OF
WAY LINE OF SAID STATE ROUTE 178 (VI -KER -178),
THENCE; ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROUTE 178 S69014'45'W 309.20' TO
THE POINT OF BEGINNING, CONTAINING 0.15 ACRES MORE OR LESS.
TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY, CONTIGUOUS TO THE ABOVE - DESCRIBED PROPERTY
IN AND TO ALFRED HARRELL HIGWAY AND STATE ROUTE 178 (VI -KER -178).
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA
DEPARTMENT OF TRANSPORTATION) HORIZONTAL CONTROL FOR STATE ROUTE 178 (KER 178 PM 6.7 -9.2), AS
DETERMINED BY THE BEARING BETWEEN NGS SURVEY MONUMENTS "Y 292" (PID FU0159) AND "RIDGE 2" (PID
FU3458); SAID BEARING IS REPORTED BY CALTRANS AS S81 °33'36 "W.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE LAND SURVEYORS ACT.
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020- 52.docx
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\ —SEE DETAIL
N69'14'45 "E 281.91'
ff 'E 58. 94' DETAIL
COMMENCEMENT SCALE: 1' -80'
"EXHIBIT B" ' � "°"
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9 W N,IYtl. G Y.110B
EASEMENTS
UTILITY EASEMENT TO SOUTHERN
O4 CALIFORNIA EDISON COMPANY PER BOOK
332 PAGE 483 DEEDS
OPOWER LINE EASEMENT TO SOUTHERN
CALIFORNIA EDISON PER BOOK 119 PAGE 5 O.R.
OPUBLIC HIGHWAY TO STATE OF CALIFORNIA
PER BOOK 262 PAGE 406 O.R.
OUTILITY EASEMENT TO PACIFIC GAS & ELECTRIC
COMPANY PER BOOK 1701, PAGE 437 O.R.
OPUBLIC HIGHWAY TO THE COUNTY OF KERN
PER BOOK 3887, PAGE 683
PUBLIC UTILITY EASEMENT TO PACIFIC
10 TELEPHONE AND TELEGRAPH CO. PER BOOK
4994, PAGE 1029 O.R.
11 UTILITY EASEMENT TO PACIFIC GAS AND
ELECTRIC CO. PER BOOK 5002, PAGE 154 O.R.
12 UTILITY EASEMENT TO PACIFIC GAS AND
ELECTRIC CO. PER BOOK 5170, PAGE 474 O.R.
13 PUBLIC STREET EASEMENT TO THE CITY OF
BAKERSFIELD PER BOOK 6655, PAGE 2299 O.R.
15 SEWER EASEMENT TO THE CITY OF
BAKERSFIELD PER BOOK 6952, PAGE 2395 O.R.
PUBLIC UTILITY EASEMENT TO PACIFIC GAS AND
16 ELECTRIC COMPANY PER INSTRUMENT No.
0207172140 O.R.
BEARING BASE
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) HORIZONTAL CONTROL FOR STATE
ROUTE 178 (KER 178 PM 6.7 -9.2), AS DETERMINED BY
THE BEARING BETWEEN NGS SURVEY MONUMENTS "Y 292"
(PID FU0159) AND "RIDGE 2" (PID FU3458); SAID
BEARING IS REPORTED BY CALTRANS AS 581'33'36 "W
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AREA DATA (SF)
PARCEL GROSS 199,749± SF
EASEMENT GROSS 6,3161 SF
Ivi REMAINDER GROSS 193,433± SF
LINE TABLE
LINE
LENGTH
BEARING
L1
20.90'
N00'19'07 "E
L2
'
L3
•
L4
81,66'
1 116914'4151
R10HT OF WAY ACQI1181TKIN
APN: 3157 - 020-52
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EASEMENTS
UTILITY EASEMENT TO SOUTHERN
O4 CALIFORNIA EDISON COMPANY PER BOOK
332 PAGE 483 DEEDS
OPOWER LINE EASEMENT TO SOUTHERN
CALIFORNIA EDISON PER BOOK 119 PAGE 5 O.R.
OPUBLIC HIGHWAY TO STATE OF CALIFORNIA
PER BOOK 262 PAGE 406 O.R.
OUTILITY EASEMENT TO PACIFIC GAS do ELECTRIC
COMPANY PER BOOK 1701, PAGE 437 O.R.
OPUBLIC HIGHWAY TO THE COUNTY OF KERN
PER BOOK 3887, PAGE 683
PUBLIC UTILITY EASEMENT TO PACIFIC
10 TELEPHONE AND TELEGRAPH CO. PER BOOK
4994, PAGE 1029 O.R.
11 UTILITY EASEMENT TO PACIFIC GAS AND
ELECTRIC CO. PER BOOK 5002, PAGE 154 O.R.
12 UTILITY EASEMENT TO PACIFIC GAS AND
ELECTRIC CO. PER BOOK 5170, PAGE 474 O.R.
13 PUBLIC STREET EASEMENT TO THE CITY OF
BAKERSFIELD PER BOOK 6655, PAGE 2299 O.R.
15 SEWER EASEMENT TO THE CITY OF
BAKERSFIELD PER BOOK 6952, PAGE 2395 O.R.
PUBLIC UTILITY EASEMENT TO PACIFIC GAS AND
16 ELECTRIC COMPANY PER INSTRUMENT No.
0207172140 O.R.
EASEMENT TO PACIFIC TELEPHONE AND
17 TELEGRAPH COMPANY PER BOOK 5414 PAGE
64 O.R.
18 POLE LINE EASEMENT TO POWER DEVELOPMENT I
COMPANY PER BOOK 83 PAGE 35 DEEDS
BEARING BASE
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) HORIZONTAL CONTROL FOR STATE
ROUTE 178 (KER 178 PM 6.7 -9.2), AS DETERMINED BY
THE BEARING BETWEEN NGS SURVEY MONUMENTS "Y 292"
(PID FU0159) AND "RIDGE 2" (PID FU3458); SAID
BEARING IS REPORTED BY CALTRANS AS S81'33'36 "W
'EXHIBIT B" Ca"" °"
48,641bmYAr w668 P861.]B1.6Bw
BMw,IYtl.G89,0] F661.389.6—
AREA DATA (SF)
PARCEL GROSS 199,7491 SF
EASEMENT GROSS 6,316* SF
REMAINDER GROSS 193.4331 SF
LINE TABLE
LINE
LENGTH
BEARING
L1
20.90'
N00'19'07 "E
L2
'
L3
47,42'
SO9*IO!13'E
L4
N69-14'45"E I
RIGHT OF WAY ACQUISITION
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