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Home My WebLink AboutRES NO 161-16RESOLUTION NO. 16 1-1,6 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 4304 Joseph Drive, Bakersfield, CA 93309 (APN 020 - 261 -05) 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. �gAKF9 o r a m r � b ORIGINAI, 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 owners) 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 existing 9AKF 9 2 � m � o QRIaINAL 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: YES COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN NOES: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE ABSEN • COUNCILMEMBER PARLIER APPROVED SEP 1 0 2016 0 HARVEY L. HALL, Mayor APPROVED AS TO FORM: VIRGINIA ENNARO, City Attorney By J�� ANDREW HEGLLWD Deputy City Attorney ' CLERK and Ex Officio Clerk of Council of the City of Bakersfield oFeAKF9,n � T � o ORIGINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 161 -16 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 28, 2016. ROBERTA GAFFORD 0PKF o`` 9sT > m U � ,)MiQINAL EXHIBIT 1 _ U (� ORIGINAL LEGAL DESCRIPTION AND DEPICTION OF FEE ACQUISITION Real property In the City of Bakersfield, County of Kern, State of California, described as follows LOT 74 OF TRACT 1750 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 26, 1955 IN BOOK 8, PAGE 181 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM 25% OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE AT ANY TIME PRODUCED OR EXTRACTED FROM ALL OF SAID LAND, AS RESERVED BY THE ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF CHARLES COHN, DECEASED, IN DEED RECORDED MARCH 19, 1953 IN BOOK 2055, PAGE 397 OF OFFICIAL RECORDS. BY AN INSTRUMENT DATED MARCH 8, 1954, RECORDED APRIL 19, 1954 IN BOOK 2220, PAGE 357 OF OFFICIAL RECORDS, THE ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE OIL, GAS AND ETHER HYDROCARBON SUBSTANCES AND MINERALS DOWN TO A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND AND ALSO RELINQUISHED ALL RIGHT TO GO ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR, AND PRODUCING ANY OF SAID SUBSTANCES, BY QUITCLAIM DEED DATED AUGUST 31,1956 AND RECORDED SEPTEMBER 5, 1956 GEORGE H. BARNETT AND MARIE F. BARNETT, HIS WIFE, RELINQUISHED ALL RIGHT TO THE USE OF THE SURFACE OF THE HEREINAFTER DESCRIBED LAND, OR ANY OTHER PORTION THEREOF ABOVE A DEPTH OF 500 FEET FOR THE PURPOSE OF DRILLING FOR OR DEVELOPING ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES PROVIDED, HOWEVER, THAT THE GRANTORS, THEIR HEIRS OR ASSIGNS SHALL HAVE THE RIGHT TO DEVELOP SUCH SUBSTANCES BY SLANT DRILLING FROM LOCATIONS ON ADJACENT LANDS AT DEPTHS OF MORE THAN 500 FEET AND IN SUCH MANNER AS NOT TO DISTURB THE SURFACE OF THE HEREIN DESCRIBED LAND OR ANY IMPROVEMENTS LOCATED THEREON. ALSO EXCEPTING THEREFROM 25 % OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID PREMISES OR THAT MAY AT ANY TIME BE PRODUCED OR EXTRACTED THEREFROM, TOGETHER WITH THE RIGHT TO PROSPECT FOR, DEVELOP, EXTRACT AND REMOVE THE SAME, PROVIDED THAT THE GRANTOR RELINQUISHES ALL RIGHT OF ENTRY TO THE SURFACE OF SAID PREMISES TO A DEPTH OF 500 FEET FOR THE PURPOSE OF PROSPECTING FOR, EXTRACTING, REMOVING OR DEVELOPING SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AS RESERVED BY GEORGE H. BARNETT AND MARIE F. BARNETT, HUSBAND AND WIFE IN DEED RECORDED APRIL 19, 1954 IN BOOK 2220, PAGE 363 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM 50% OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID PREMISES OR THAT MAY BE AT ANY TIME PRODUCED OR EXTRACTED THEREFROM, TOGETHER WITH THE RIGHT TO PROSPECT FOR, DEVELOP, EXTRACT AND REMOVE THE SAME PROVIDED THAT THE GRANTOR RELINQUISHES ALL RIGHT OF ENTRY TO THE SURFACE OF THE SAID PREMISES TO A DEPTH OF 500 FEET FOR THE PURPOSE OF PROSPECTING FOR, EXTRACTING, REMOVING OR DEVELOPING SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AS RESERVED BY DUNSMOOR CONSTRUCTION COMPANY A CORPORATION, IN DEED RECORDED JULY 13, 1954 IN BOOK 2260, PAGE 104 OF OFFICIAL RECORDS. APN: 020- 261- 05 -00 -4 o48AkF9 `T U O ORIGINAL o``e AKF9� EXHIBIT 2 m U O ORIGINAL DEPICTION OF FEE ACQUISITION fit 11 lz Ur Z C