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