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Home My WebLink AboutRES NO 124-14RESOLUTION NO. 12-4— 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 - 150 -27). 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 o�gAKF � ~ r U 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 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. o�gpKF9 s� 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 the Council of the City of Bakersfield at a regular meeting thereof held on 11!i 7rM , by the following vote: Councilmembers: Rivera, Maxwell, Weir, , Sullivan, Johnson AYE NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER NUn9+ COUNCILMEMBER N �� COUNCILMEMBER �ICA P\SO N . S rV% CITY CLERK and ExgWcio Clerk of the Council of the City of Bakersfield APPROVED By Mayor JUL 16 2014 APPROVED AS TO FORM: VIRGINIA GENNARO City Attor By ANDREW HEGLUN Deputy City Attorney o��AKF9.� s >- m 1," r J O ORIGINAL EXHIBIT A m F- r v o ORIGINAL EXHIBIT A LEGAL DESCRIPTION PORTION OF PARCEL 1 PARCEL MAP 672 KERN COUNTY, CA (APN 387 - 150 -27) [CT# 87081 -1 ] THAT PORTION OF PARCEL 1 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 NORTHEAST CORNER OF SAID PARCEL 1, THENCE; ALONG THE EASTERLY LINE OF SAID PARCEL 1 S00'19'07' W (record bearing S0091 0'36"E) 16.08' TO THE TRUE POINT OF BEGINNING, THENCE; CONTINUING WITH SAID EASTERLY LINE S00 °19'07' W 39.12', THENCE; DEPARTING SAID EASTERLY LINE S69 914'45'W 250.07' TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1, THENCE; ALONG SAID SOUTHWESTERLY LINE N33405'39 "W 12.52' TO THE BEGINNING OF A TANGENT CURVE, THENCE; NORTHEASTERLY 35.72' ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 20.00' AND A CENTRAL ANGLE OF 102 020'24 ", TO A POINT OF TANGENCY, THENCE; ON A LINE 15' SOUTHEASTERLY OF AND PARALLEL TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROUTE 178 (V1 7KER -178) N69 1114'45 "E 247.27' TO THE POINT OF BEGINNING, CONTAINING 9,391 SQUARE FEET MORE OR LESS. 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. g: \proj \2012 \121009 \3 project design \survey \construction drawings \legal descriptions and exhibits \387 - 150- 27 \387- 150 -27 azemika.docx o`�0AKF9s � m m U Q ORIGINAL STATE ROUTE VI -KER -178 N6914'45 "E 281.18' / N691 445 "E 247.27' 1 G S69'14'45 "W 2507 o� z 4 1 PARCEL 1 w PARCEL MAP 872 O' APNi 587- 150 -27 J b b �1 � O1 1 S73 36'56 -W 155,23' g EASEMENTS INGRESS, EGRESS AND ROAD EASEMENT TO 0 THE GENERAL PUBLIC PER BOOK 4749 PAG 705 O.R. BEARINQ 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); SID BEARING IS REPORTED BY CALTRANS AS S81'33'36" AREA DATA (8F) PARCEL GROSS 41,217. SF E EASEMENT GROSS 9,391 SF REMAINDER GROSS 31,826 SF n i POINT OF COMMENCMENT POINT OF BEGINNING A A SCALE: 1"-50' OF LINE TABLE LINE LENGTH BEARING L1 39.1 0, L2 .52' N33'0 ' " L3 16,08' SOO*19'07*W CURVE TABLE CURVE RADIUS DELTA ILENGTH Cl 0, ' "EXHIBIT !l B cannon RIGHT OF WAY AOQlA9 ON A W7-IM-27 F MEW an a: eNC�au . 44"Oemb"mw rwarrr Sdm."arw rwarrr duw w J4 artaw ar I LAC aqua 1'"00 wre 9113A3 AKk9q s v 4 3 - 1 INGRESS, EGRESS AND ROAD EASEMENT TO O3 THE GENERAL PUBLIC PER BOOK 4749 PAG 705 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 S81'33'36" AREA DATA (8n PARCEL GROSS 41,217. SF EASEMENT GROSS 9,391 SF REMAINDER GROSS 31,826 SF F / SCALE: 1 " -50' k�af,pe OF LINE TABLE LINE LENGTH BEARING L1 Cl wW L2 1 L3 0 '07 "W CURVE TABLE CURVE RADIUS DELTA LENGTH Cl r 102-20 r w r 'EXHIBIT » RIGHT OF WAY ACQWIlIiTION B Cannon �� -��W an of eAo 4wasmakew IUI�� DRAW BY dEOCED BY 9CAlE DM[ IddlMC SNO /sml l u I .•.w ndaes > m v ORIGINA- 1.