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Home My WebLink AboutRES NO 163-16RESOLUTION NO. 163- t. 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 200 S. Real Road, Bakersfield, CA 93309 (APN 149 - 190 -16 and 149 - 190 -18) 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. of 0 AKE',9N I T v p 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 existinoji,,M,F, 2 � m v 0 ORIGINA( 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. 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: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH HANSON SLIL IVAN NOES: COUNCILMEMBER NONE A COUNCILMEMBER NONE ABSE COUNCILMEMBER PARLIER APPROVED SEP 2 8 1016 LLZGG!/ti A ROBERTA GAFFORD, C C -- '� / CITY CLERK and Ex Officio to Clerk fi of The Council of the City of Bakersfield HALL, Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, City Attorney By ANDREW HEGILLIND Deputy City Attorney �gAKF9 o `1. >- m 0 or OP13!NAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 163 -16 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 28, 2016. ROBERTA GAFFORD g P KF9 p NT m v o ORIGINAL EXHIBIT 1 oeOAKFv T � m v v QRIGINAI. LEGAL DESCRIPTION AND DEPICTION OF FEE ACQUISITION Real property in the City of Bakersfield, County of Kern, State of California, described as follows: PARCEL "A" OF PARCEL MAP WAIVER NO. P99 -0036, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0201032974 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THOSE PORTIONS OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, LYING WITH THE BOUNDARIES OF THE FOLLOWING DESCRIBED PARCELS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BEING MONUMENTED WITH A CONCRETE MONUMENT PER FILED MAP NO. 7 -1 BOOK 6, PAGE 131 IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE S. 00 35' 34" W., ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 575.00 FEET, THENCE S. 890 04'00" E., PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, 45.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 890 04'00" E., PARALLEL WITH SAID NORTH LINE, 275.00 FEET; THENCE S. 770 30'41" E., 159.60 FEET; THENCE S. 760 01'43" E., 252.62 FEET; THENCE SOUTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 350 FEET, THROUGH CENTRAL ANGLE OF 480 58'58" AN ARC DISTANCE OF 299.22 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE CONTINUING ALONG SAID CURVE 72.12 FEET THROUGH A CENTRAL ANGLE OF 110 48'20"; THENCE S. 10 19' 27" E. 101.64 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH HALF; THENCE N. 880 49'49" W., ALONG SAID SOUTH LINE, 161.87 FEET; THENCE N. 10 10'11" W. 30.00 FEET; THENCE N. 200 40'05" W. 71.10 FEET; THENCE N. 880 49'49" W. 132.00 FEET TO A POINT ON WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; oFeANF9J' T � m U O OR10NAI_ THENCE N. 00 36' 17" E., ALONG SAID WEST LINE 44.55 FEET TO THE NORTHEAST CORNER OF TRACT 1334, PER MAP RECORDED SEPTEMBER 10, 1946 IN BOOK 5 OF MAPS AT PAGE 173, IN SAID COUNTY RECORDER'S OFFICE; THENCE N. 880 52'18" W., ALONG THE NORTH LINE OF SAID TRACT 1334, 341.77 FEET TO THE WEST LINE OF THE LAND DESCRIBED IN THE DEED TO SUPERIOR OIL COMPANY, RECORDED MAY 31, 1950 IN BOOK 1643, PAGE 368 IN SAID COUNTY RECORDER'S OFFICE; THENCE N. 00 35'34" E., ALONG SAID WEST LINE, 105.98 FEET; THENCE N. 890 04' 00" W., PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, 291.45 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED MAY 9, 1975 IN BOOK 4894, PAGE 2167 IN SAID COUNTY RECORDER'S OFFICE; THENCE N. 70 27'47- E., ALONG SAID EASTERLY LINE, 137.64 FEET; THENCE N. 00 35' 34" E., ALONG SAID EASTERLY LINE AND PARALLEL TO SAID WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 48.35 FEET TO THE POINT OF BEGINNING; THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE APPROVING A LOT LINE ADJUSTMENT NO. 09 -0281, RECORDED NOVEMBER 30, 2009 AS INSTRUMENT NO. 09- 174685 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND, AS RESERVED IN DEED FROM MARY ELIZABETH TIETZE, A WIDOW, DATED MARCH 22, 1971, RECORDED MAY 20, 1971 IN BOOK 4527 OF OFFICIAL RECORDS AT PAGE 815. APN: 149- 190- 16 -00 -7 and 149 - 190- 18 -00 -3 6 AKF9 o s,, m ORIGINAL o gpKF9� EXHIBIT 2 r O U ORIQINAL DEPICTION OF FEE ACQUISITION Fir @ M SOUTH REAL RD. � gm .0 Z It - - - - - - - - - - U) J, J, J, J, Ai4 13 ;lMl 0 va �i_ 'I m W STATE HIGHWAY 99 ORIGINAL