HomeMy WebLinkAboutRES NO 125-14RESOLUTION NO. 11 ? — 14
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A TEMPORARY
CONSTRUCTION EASEMENT ON PORTIONS OF
CERTAIN REAL PROPERTY LOCATED ON STATE
ROUTE 178, BAKERSFIELD, CA 93306 (APN 387-
160-15).
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
s
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 temporary construction easement interest for a period not to exceed twelve
(12) months, 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
0PKF9
o s,�
� rn
� 4
v
ORIGINAL
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.
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
JUL 16 2614 , by the following vote:
Councilmembers: Rivera Maxwell, Weir,,' ,, Sullivan, Johnson
AY S`•'
NOES:
ABSTAIN:
BSE
APPROVED
JUL
COUNCILMEMBER
COUNCILMEMBER N0^9-
COUNCILMEMBER NN19-
COUNCILMEMBER �'�f�.�X 1 A-
CITY CLERK and Ex 0140 Clerk of the
Council of the City of Bakersfield
6 2614
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attompty
0
ANDREW HEGL
Deputy City Attor
o``g PKF,9s
0
ORIGINAL
EXHIBIT A
o``gAKF��
� r
U p
ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
For TEMPORARY CONSTRUCTION EASEMENT
PORTION OF PARCEL 1
PARCEL MAP 4968
KERN COUNTY, CA
(APN 387 - 160 -15)
THAT PORTION OF PARCEL 1 IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS
SHOWN ON PARCEL MAP NO. 4968 FILED JANUARY 23, 1979 IN BOOK 22, PAGE 56 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF KERN COUNTY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHERN MOST CORNER OF SAID PARCEL 1, SAID CORNER LYING ON THE CENTER
LINE OF STATE ROUTE 178 (VI -KER -178) THENCE; ALONG THE EASTERLY LINE OF SAID PARCEL 1 S00 °20'18,W
(record bearing N00'110'1 1"W) 58.95' TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID STATE
ROUTE 178 AND THE TRUE POINT OF BEGINNING
THENCE; CONTINUING ON SAID EASTERLY LINE OF SAID PARCEL 1 S00 920'18'W 45.37'
THENCE; LEAVING SAID EASTERLY LINE OF SAID PARCEL 1 N89 139'42' W 28.00'
THENCE; N00 920'18 "E 11.41',
THENCE; N61 °46'04 "W 28.64' TO A POINT ON THE SOUTHEASTERLY LINE OF SAID STATE ROUTE 178,
THENCE; ALONG SAID SOUTHEASTERLY LINE OF SAID STATE ROUTE 178 N69414'45 "E 57.14 TO THE POINT OF
BEGINNING, CONTAINING 1,412 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 °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- 160- 15 \387-
160 -15 tce.docx
> m
r
v Q'
ORIGINAL
PONN�
i 8,t N-A j Ng9hk r}
/ / J
/
1 1 28.0
9'39' -
N 9��45•� / / 2 I
6
/
SCALE: 1'=50'
PARCEL 1
PARCEL MAP 4968
APNi 887- 160 -16 i
N89'45'14 "W 329.50'
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 "W
M
O15' IRREVOCABLE OFFER OF DEDICATION TO
THE COUNTY OF KERN PER BOOK 4810,
PAGE 1643 O.R.
O10' WATER LINE EASEMENT PER BOOK
4934 PAGE 986 O.R.
O30' PUBLIC ACCESS EASEMENT PER BOOK
5037 PAGE 1010 O.R.
OEASEMENT IN FAVOR OF PACIFIC GAS AND
ELECTRIC AND PACIFIC TELEPHONE PER
BOOK 5061 PAGE 1974 O.R.
AREA DATA (8n
PARCEL GROSS 32,0661 SF
EASEMENT GROSS 1,412± SF
REMAINDER GROSS 30,654± SF
"EXHIBIT B "
LINE TABLE
LINE
BEARING
IDISTANCE
L1
N00'20'18 "E
1 11.41'
L2
N61'46'04 0W
1 28.64'
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 "W
M
O15' IRREVOCABLE OFFER OF DEDICATION TO
THE COUNTY OF KERN PER BOOK 4810,
PAGE 1643 O.R.
O10' WATER LINE EASEMENT PER BOOK
4934 PAGE 986 O.R.
O30' PUBLIC ACCESS EASEMENT PER BOOK
5037 PAGE 1010 O.R.
OEASEMENT IN FAVOR OF PACIFIC GAS AND
ELECTRIC AND PACIFIC TELEPHONE PER
BOOK 5061 PAGE 1974 O.R.
AREA DATA (8n
PARCEL GROSS 32,0661 SF
EASEMENT GROSS 1,412± SF
REMAINDER GROSS 30,654± SF
"EXHIBIT B "
Cannon
APB W-1M-15 5
aTY OF BUMF ELD
w�ftAwmwl ;011 D
er.r�awr �wa��w
DRAWN er
�
mm m er
LAC
WAX
AS lNONN
DATE
10/7,A3
O� A K,69
s
>- m
F- r
v o
ORIGINAL
um
CCARINsi
JUIJlArl
L1
N00'20'18 "E
1 11.41'
L2
N61'46'04 "w
1 28.64'
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 " Cannon
rrarrn.rw rw�rrr
�rwrawr rwarrn
U THE COUNTY OF KERN PER BOOK 4810,
PAGE 1643 O.R.
O10' WATER LINE EASEMENT PER BOOK
4934 PAGE 966 O.R.
%]
O30' PUBLIC ACCESS EASEMENT PER BOOK
5Q37 PAGE 1010 O.R.
®EASEMENT IN FAVOR OF PACIFIC GAS AND
ELECTRIC AND PACIFIC TELEPHONE PER
BOOK 5061 PAGE 1974 O.R.
AREA DATA (8n
PARCEL GROSS 32,0661 SF
EASEMENT GROSS 1,412* SF
REMAINDER GROSS 30,654± SF
TEMPORARY CONSIRUCIION EASEMENT
APN: 307- 160-15
aTY of BAKERSMD
my 1 acam a
BAN
> m
F- r
v O
ORIGINAL
Parcel name: 387 - 160 -15 TCE
North: 2335188.03
Line Course: s 00 -20 -18 w
North: 2335142.67
Line Course: N 89 -39 -42 w
North: 2335142.83
Line Course: N 00 -20 -18 E
North: 2335154.24
Line Course: N 61 -46 -04 w
North: 2335167.79
Line Course: N 69 -14 -45 E
North: 2335188.04
378 - 160 -15 TCE
East
: 6304101.90
Length:
45.37
East
6304101.63
Length:
28.00
East
6304073.63
Length:
11.41
East
6304073.70
Length:
28.64
East
6304048.47
Length:
57.14
East
6304101.90
Perimeter: 170.56 Area: 1,412.31 Sq Ft 0.03 Ac.
Mapcheck Closure - (uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: N 21 -27 -43 w
Error North: 0.002 East : -0.001
Precision 1: 170,560,000.00
Page 1
o�`�AKF9T
s
v o
ORIGINAL.