The URL can be used to link to this page

Home My WebLink AboutRES NO 164-16RESOLUTION NO. 164- 1 6 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 4600 California Ave., Bakersfield, CA 93309 (APN 020- 600 -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. 1 o�gAHF9� -r � m u 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 existin ,NK,gq 2 m v o 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, rv+XWEtt, WEIR, SMITH, HANSON, stUIVAN NOES: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE B ENT: COUNCILMEMBER PARLIER APPROVED SEP 2 8 2016 - ^11r � ERTA GAFFORD, C C Y CLERK and Ex Officio Clerk of he Council of the City of Bakersfield VIRGINIA GE 7 C it Attorney By ANDREW HEGLUN Deputy City Attorney `AxF9 sT m 0 'I ,INAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 164 -16 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 28, 2016. ROBERTA GAFFORD, OC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield of 9AKF9� �- m U p ORIGINAL EXHIBIT 1 o eAkF9N - m U p oaicuaai EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION PARCEL A: PARCEL 4 OF PARCEL MAP WAIVER 03 -0902 AS PER CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 2003 AS DOCUMENT NO. 0203271046 OF OFFICIAL RECORDS, BEING A PORTION OF PARCEL A OF PARCEL MAP NO. 4370, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 1, 1978 IN BOOK 21, PAGE 78 OF PARCEL MAPS, AND AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 5, 1979 IN BOOK 5144, PAGE 2422 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "A" FROM WHICH POINTTHE MOST SOUTHERLY CORNER OF SAID PARCEL BEARS SOUTH 56° 35'35" WEST, 327.91 FEET; THENCE NORTH 330 30'39" WEST, 27.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 22' 21" EAST, 103.22 FEET; THENCE NORTH 330 25' 32" WEST, 102.54 FEET; THENCE SOUTH 560 39' 22" WEST, 78.73 FEET; THENCE SOUTH 33° 27' 51" EAST, 53.79 FEET; THENCE SOUTH 58° 08' 17" WEST, 24.61 FEET; THENCE SOUTH 33° 30'39" EAST, 49.90 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL OIL, GAS, AND OTHER MINERALS, WITHIN OR UNDERLYING SAID LAND, OR THAT MAY BE PRODUCEDAND SAVED THEREFROM , PROVIDING, HOWEVER, GRANTOR, HIS SUCCESSORSAND ASSIGNS, SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURFACE OF SAID LAND, BUT NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT THE GRANTOR, HIS SUCCESSORS AND ASSIGNS, FROM EXTRACTING OR CAPTURING SAID MINERALS BY DRILLING ON ADJACENT OR NEIGHBORING LANDS AND /OR FROM CONDUCTING SUB - SURFACE DRILLING OPERATIONS UNDER SAID LANDS AT A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, SO AS NOT TO DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED BY, KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORATION IN DEED RECORDED DECEMBER 29,1967 IN BOOK 4116, PAGE 612 OF OFFICIAL RECORDS. PARCEL B: APPURTENANT NON- EXCLUSIVE EASEMENTS INCLUDING, WITHOUT LIMITATION, EASEMENTS FOR INGRESS, EGRESS, PARKING AND UTILITIES ON, OVER AND ACROSS THE COMMON AREA AND SUPPLEMENTAL COMMON AREA AND ALL OTHER RIGHTS AND INTEREST IN REAL PROPERTY AS SET FORTH IN AND CREATED BY THAT CERTAIN DECLARATION OF RESTRICTIONSAND ESTABLISHMENTOF EASEMENTS AFFECTING LAND DATED DECEMBER 11, 2003 AND EXECUTED BY H -T ENTERPRISES V, A GENERAL PARTNERSHIP RECORDED DECEMBER 16, 2003, AS DOCUMENT NO. 0203271047 OF OFFICIAL RECORDS. APN: 020 - 600- 04 -00 -2 o40AKF9 r o b ORIGINAL EXHIBIT 2 �Fe "KFa m � o ORIGINAL DEPICTION OF FEE ACQUISITION w rc r M C1 �i e a It$I SOP � Y :1 !P51 Q #aad# U' o``g AKF9s m U O ORIGINAL