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HomeMy WebLinkAboutRES NO 165-16RESOLUTION NO. 1613-16 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure ¢1245.230) WHEREAS, Article I, Section 19 of the California Constitution, Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ( "Caltrans "), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project'); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire in fee simple that certain real property commonly known as 3847 Stockdale Hwy, Bakersfield, CA 93309 (APN 149 - 221 -03, 149- 170 -04) and more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference (the "Property "), for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There has been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. �gAXF9 m o ORIGINAL 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits 1 and 2 hereto are the legal descriptions and depictions of the Property required for the Project. 4. Findings. Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of any such easements and rights -of -way are on file with City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. 6. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights -of -way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of The public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said exisflJ 9 KF9N 2 0 ORIGINAL public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. 7. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non - material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. 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 September 28, 2016, by the following vote: AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN NOES: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE ABSENT' COUNCILMEMBER PARLIER SEP282016 HARVEY L. HALL, Mayor APPROVED AS TO FORM: VIRGINIA G NNARO, City Attorne By ANDREW HEGLUAI Deputy City Attorney 7 RTA GAFFORD, CMC Ty CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0arcFym m 6 r)gIOINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 165 -16 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 28, 2016. 1e Az ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield oF0AKF9 T m �> o r)RIGINA1 EXHIBIT 1 o<6AKF9 m U O ORIGINAL LEGAL DESCRIPTION AND DEPICTION OF FEE ACQUISITION Real property In the unincorporated area of the County of Kern, State of California, described as follows: PARCEL 1: APN: 149- 221- 03 -00 -4 ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN IN THE COUNTY OF KERN, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JUNE 1, 1855, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 173.64 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STINE CANAL, SAID POINT BEING THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO DREXLER DANA, ET AL, BY DEED RECORDED JUNE 30, 1954 IN BOOK 2254 PAGE 206 OF OFFICIAL RECORDS SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 30 MINUTES EAST, CONTINUING ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 42.23 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO HARVE W. JOURDAN, ET AL, RECORDED JUNE 25, 1956 IN BOOK 2626 PAGE 547 OF OFFICIAL RECORDS THENCE SOUTH 180 FEET ALONG THE WEST LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE WEST 14.17 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STINE CANAL; THENCE NORTH 8 DEGREES 50 MINUTES 30 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 182.53 FEETTO THE TRUE POINT OF BEGINNING, WHICH WAS ACQUIRED BY DEED FROM BERNICE E. CROFT, A WIDOW, RECORDED OCTOBER 6, 1955 IN BOOK 2498 PAGE 150 OF OFFICIAL RECORDS. PARCEL 2: APN: 149 - 170- 04 -00 -6 ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH LIES SOUTH 890 40' 35" EAST, 100.00 FEET FROM THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 2 AS SHOWN ON RECORD OF SURVEY BOOK 5, PAGE 12, SAID POINTALSO BEING ON THE WESTERLY RIGHT -OF -WAY LINE OF THE STINE CANAL; THENCE ALONG THE WESTERLY RIGHT - OF-WAY LINE OF THE STINE CANAL, SOUTH 90 31'35" EAST, 101.35 FEET; THENCE SOUTH 80 42'34" EAST, 194.22 FEET; THENCE SOUTH 80 34' 01" EAST, 101.12 FEET; THENCE SOUTH 80 15' 37" EAST, 129.33 FEET; THENCE SOUTH 70 57'48" EAST, 148.55 FEET TO THE SOUTH LINE OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION; THENCE SOUTH 890 30'38" EAST, ALONG THE SOUTH LINE OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 79.15 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF STINE CANAL AS SHOWN ON TRACT 1938 RECORDED IN MAP BOOK 9, PAGE 116; THENCE NORTH 90 01' 09" WEST, ALONG SAID RIGHT -OF -WAY LINE 675.64 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH 890 40' 35" WEST, ALONG THE NORTH LINE OF SAID SECTION 73.64 FEET TO THE POINT OF BEGINNING. j gAKF9 s _ m � o ORIGINAL EXHIBIT 2 gpKF9T m o p ORDINAL ;l;ilt e z A F i L L V-4 4 I n a I � e I � I I n © aI jS Cr1ANSfY AVE. 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