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HomeMy WebLinkAboutRES NO 122-14RESOLUTION NO. 1 9 14 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 - 150 -18; 387 - 150 -22). 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 p�0AKF9`� -c� >- m v o ORIGINAL 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 interests 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. o``e AKF9`f -� >- m 1- r 'v o 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 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by 1L. 1 4h�tI of the City of Bakersfield at a regular meeting thereof held on b lli 44 , by the following vote: Councilmembers: Rivera Maxwell Weir,' ✓ > I, Sullivan, Johnson (2p. COUNCILMEMBER NOES: COUNCILMEMBER N OrQ ABSTAIN: COUNCILMEMBER tV0V,4- AB E COUNCILMEMBER CITY CLERK and E40C—Ierk of the Council of the City of Bakersfield APPROVED JUL 16 2014 By ARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorn By ANDREW HEGLUNkI Deputy City Attorney o�gAKF � s � r v c� ORIGINAL EXHIBIT A >- m F- r v o ORIGINAL EXHIBIT A LEGAL DESCRIPTION PORTION OF PARCEL 2 PARCEL MAP 1356 KERN COUNTY, CA (APN 387 - 150 -18) [CT# 87077 -1] THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1356, IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER RECORDED NOVEMBER 2, 1973 IN BOOK 7, PAGE 137 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID PARCEL MAP, SAID CORNER DEPICTED LYING ON THE CENTERLINE OF STATE ROUTE 178 (VI -KER -178) THENCE; ALONG THE WEST LINE OF SAID PARCEL 2, N00 920'19 "E (record bearing N00 910'10 1W) 58.95' TO THE TRUE POINT OF BEGINNING, THENCE; CONTINUING ALONG SAID WEST LINE, N001120'1 9"E 15.01', THENCE; DEPARTING SAID WEST LINE, N69 1114'45 "E 129.14', THENCE; N68 117'27 "E 225.47' TO THE EAST LINE OF SAID PARCEL 2, THENCE; ALONG SAID EAST LINE S00 112010 "W 19.04', THENCE; S69 11445 "W 353.13', TO THE POINT OF BEGINNING CONTAINING 5,366 SQUARE FEET MORE OR LESS. TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY, CONTIGUOUS TO THE ABOVE - DESCRIBED PROPERTY IN AND TO GREEN HILLS STREET 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 CALTRANSAS S81 °33'36 "W THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. g: \proj \2012 \121009 \3 project design \survey \construction drawings \legal descriptions and exhibits \387- 150- 18 \387- 150 -18 patrick.docx > m F- r v O oRIQINAL a` g 3 dl ;11 S89 39'33 -E 329.45' SCALE: 1 - -80' t sit EaNN`/ v�j 5 e LINE TABLE LINE LENGTH PARCEL Z Ll PARCEL MAP 1366 $ APNs 887 - 160 -18 z CTm 87077 -1 sit EaNN`/ v�j 5 e LINE TABLE LINE LENGTH BEARING Ll 15.01 NOO' 0'19 -E L2 19.04 SO '20'10 -W 'EXHIBIT B' Cannon ill .ter. -° a►«: flm EABEMENT8 ' EASEMENT NOT PLOTABLE OUTILITY EASEMENT TO SOUTHERN 4 CALIFORNIA EDISON COMPANY PER BOOK 88, PAGE 252 O.R. OPUBLIC HIGHWAY TO COUNTY OF KERN PER BOOK 147, PAGE 207 O*PIPELINE EASEMENT TO UNION OIL 7 COMPANY PER BOOK 3619, PAGE 135 O.R. \2j INGRESS AND EGRESS AND ROAD TO THE GENERAL PUBLIC PER BOOK 4749, PAGE 709 O.R. INGRESS AND EGRESS AND ROAD TO M 10 THE GENERAL PUBLIC PER BOOK r 4810, PAGE 1643 O.R. 12 ROAD EASEMENT TO THE GENERAL c PUBLIC PER BOOK 5100, PAGE 548 O.R. 0 13 ROAD EASEMENT TO THE MARVIN AND BONNIE ROE PER BOOK 5100, PAGE 552 O.R. 14 ROAD EASEMENT TO THE MARVIN AND BONNIE ROE PER BOOK 5100, PAGE 554 O.R. BEARING BABE 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 SB1'33'36 -W .I i L AREA DATA (8n PARCEL GROSS 169,972.+ SF 'EASEMENT GROSS 5,3661 SF 1_,REMAINDER GROSS 164606.+ SF RIGHT— OF—WAY AQU181?I0N APW 387- 150 -18 CITY OF BAKMt*MD BY Ma= BY WALE wR o��AKF9.c U O ORIGINAL EXHIBIT B �0AKF9 o s� >- m ~ r v o ORIGINAL. EXHIBIT A LEGAL DESCRIPTION PORTION OF PARCEL 4 PARCEL MAP 672 KERN COUNTY, CA (APN 387 - 150 -22) [CT# 87079 -1 ] THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 672, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 OF PARCEL MAPS, PAGE 8, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 4, THENCE; ALONG THE WESTERLY LINE OF SAID PARCEL 4 N00°20'1 WE (record bearing N00 9101 9 "W) 16.08' TO THE TRUE POINT OF BEGINNING, THENCE; CONTINUING ALONG SAID WESTERLY LINE N00920'10 "E 19.04', THENCE; DEPARTING SAID WESTERLY LINE N68 917'27 "E 104.55'; THENCE; N69 914'45 "E 138.44' TO A POINT ON A NON - TANGENT CURVE, THENCE; SOUTHERLY 30.92' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00' (RADIUS POINT BEARS S70 40'07 "W) AND A CENTRAL ANGLE OF 88 934'38" TO A POINT OF TANGENCY, THENCE; ALONG A LINE 15' NORTHWESTERLY OF AND PARALLEL TO THE NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROUTE 178 (VI -KER -178) S69 914'45 "W 229.83' TO THE POINT OF BEGINNING, CONTAINING 4,623 SQUARE FEET MORE OR LESS. 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 033'36 "W. TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY, CONTIGUOUS TO THE ABOVE - DESCRIBED PROPERTY IN AND TO COMANCHE DRIVE AND STATE ROUTE 178 (VI -KER -178). THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. g: \prof \2012 \121009 \3 project design \survey \construction drawings \legal descriptions and exhibits \387- 150- 22 \387- 150 -22 patrick a.docx "I K49 o �T h r-- v o ORIGINAL s b W 0 c Sv 8 \ SCALE: 1 " ®80' o; \ 44 \ dl PARCEL 4 PARCEL MAP 672 APNi 387 - 150 -22 CTs 87079-1 pC 6.. 1�, 2� 4 Vt 2! . I/ / ,400 pow of /,, EASEMENTS * EASEMENT NOT PLOTABLE ®UTILITY EASEMENT TO SOUTHERN CAUFORNIA EDISON COMPANY PER BOOK 88, PAGE 252 O.R. OPUBLIC HIGHWAY TO COUNTY OF KERN PER BOOK 147, PAGE 207 O"PIPELINE EASEMENT TO UNION OIL COMPANY PER BOOK 3619, PAGE 135 O.R. OINGRESS AND EGRESS AND ROAD TO THE 8 GENERAL PUBLIC PER BOOK 4749, PAGE 709 O.R. OINGRESS AND EGRESS AND ROAD TO THE 1 D GENERAL PUBLIC PER BOOK 4810, PAGE 1643 O.R. ROAD EASEMENT TO THE GENERAL PUBLIC �5 PER BOOK 5100, PAGE 548 O.R. 1� ROAD EASEMENT TO THE MARVIN AND \ \ 13 BONNIE ROE PER BOOK 5100, PAGE 552 \ \ O.R. \ \ 14 ROAD EASEMENT TO THE MARVIN AND \ BONNIE ROE PER BOOK 5100. PAGE 554 \ O.R. \ BEARING BASE \ THE BA IS 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 AREA DATA (SF) PARCEL GROSS 53.3981 SF EASEMENT GROSS 4.6231 SF REMAINDER GROSS 4 SAND S _„00000— Wl- CURVE TABLE CURVE RADIUS DELTA LENGTH Cl 20. 88'34'38" 30.92' C2 0 01"06'05" 'EXHIBIT B " �on t81801bmi Arf a46•L P881.9P86"8 B,harslitl,G W,ro6 F861.]„6111 LINE TABLE LINE BEARING DISTANCE L1 IN007201WEI 489751 SF ' RIGHT-OF-WAY AaulstnoN APN: 337_150 -22 qTY OF BIJ(ERSFIEID BY 41EQfB7 BY 6CALL 0017E ++ LAC 1,-w o��AKF9,n � r s� O ORIGINAL 39. 0' C3 13' '24" ' 'EXHIBIT B " �on t81801bmi Arf a46•L P881.9P86"8 B,harslitl,G W,ro6 F861.]„6111 LINE TABLE LINE BEARING DISTANCE L1 IN007201WEI 489751 SF ' RIGHT-OF-WAY AaulstnoN APN: 337_150 -22 qTY OF BIJ(ERSFIEID BY 41EQfB7 BY 6CALL 0017E ++ LAC 1,-w o��AKF9,n � r s� O ORIGINAL a n' s EASEMENTS • EASEMENT NOT PLOTABLE OUTILITY EASEMENT TO SOUTHERN A} CALIFORNIA EDISON COMPANY PER BOOK 88, PAGE 252 O.R. OPUBLIC HIGHWAY TO COUNTY OF KERN PER BOOK 147, PAGE 207 OPIPELINE EASEMENT TO UNION OIL COMPANY PER BOOK 3619, PAGE 135 O.R. INGRESS AND EGRESS AND ROAD ® TO THE GENERAL PUBLIC PER BOOK 4749, PAGE 709 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 S81'33'36'W AREA DATA (SF) PARCEL GROSS 53.598* SF EASEMENT GROSS 4,623* SF REMAINDER GROSS 48975* SF LINE TABLE LINE I BEARING I DISTANCE L1 N O-20'1 O"El 19.04' CURVE TABLE CURVE RADIUS DELTA LENGTH Cl 20.00' C2 2055.00' 01'06' ' ' C3 20.00' 13'45' ' 8 ' MHT— OF—WAY MASITION 'EXHIBIT B ' cannon Ate: 37 -1W-22 an OF ewceRSLn s61o41b. A., 61e S00 P66,_e_ OflAW!BY CHEWED BY 5CAL[ DATE B6Y6reletl.GeliW veelaa.e 6e� -_ _- C1k v ��T m �. r r C ORIGINAL