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Home My WebLink AboutRES NO 096-17RESOLUTION NO. 0 96- 17 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 partial fee acquisitions and a temporary construction easement in that certain real property commonly known as 505 Malibu Court, Bakersfield, CA 93309 (APN 020 - 522 -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, incorporating by reference the above recitals as though set forth herein in full, 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: U G OPIGINA� 1. Compliance with California Code of Civil Procedure and California Environmental Qualify 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. 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 (California Code of Civil Procedure §1240.030). 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. Additional Findings. a. 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 of 6A�Fgm c anialNAL Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. b. 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 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. 6. 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. I HEREBY CERTIFY that the foregoing Resolution /Ordintmee was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 19 9017 by the following vote: x I�YES J COUNCILMEMBER RIVERA,GONZALES, WEIR, SfAfHi, ryC2ryBy.t$U WVAN. PAR R COUNCILMEMBEIR N nC AB COUNCILMEMBER tj�' BSENi: COUNCILMEMBER Smi CHRISTOPHO GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUL 1 91017 By KA EN GOH Mayor o``Oa�Fq J O ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By J��k� ANDREW HEGLLWD Deputy City Attorney o``ga�e9s, m 6 G ORIGINAL CERTIFICATE OF CITY CLERK I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. OCIU -Il , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. CHRISTOPHER GERRY oFgAf e9�' T v 0 ORIGINAL Exhibit 1 T ORIGINAL x -52 TRACT 3509 n -52 sz/ °S' PIG c, C A m g L Sz ® O Asusson me No. 90-4 COUNTY OF NCNN of 0� /Pq c ORIGINAL 18: x7,318 11. ;:01 ; F1 A-04-1 I CallreH Pared N0. 87510.1 Acquisition: lee APN 020.332.83 That portion of let 47 H dawn on Tact No. 3569 filed in Book 23, papa 117 and 118 of Maps, Records of the Caary of Rem, looted in Section 35, Township 29 South, Range 27 But, Menni Diablo Base and Meridim, in the City of Bakersfield, County of Kan, Slide of CmIdianda, more particularly described ae follows: Comomeing at the most southerty comer ofmid i.ot 47; Theum along the southerly line of old la North 70659'40- Wed 97.87 fort to the Point of DegimadoF Thaw North 24 059'32" Wart 16.74 to the continuously lim of mid Lot. Tlmaca along said northwesterly South 43.37.11- Wad 13.25 feat to said southerly lim of Lot 47; Tissues along said the mNherly lino South 70°59140" End 17.15 fast to the Post of Beginning. The above described penal contains 103 agmre fad mom or less This cenveyenu is made for the purpose of 8eewey, sad the GRANTOR herebyrckum sod mlingmisho to the GRAN71M and its suxessors and emigre, my and all sho w'& rights of axes, appurtenant to GRANTOR's rmwinmg property. The Basis of Ratings for this survey am bond open the North American Dane of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone V, 2004.00 Epoch, RtNOrmlolelW NEAtWAL" 5M%MI -1 tdiWr FEEeora Page 1 or 3 U O ORIGINAL Ibis lc& deeciptimr is not intended for use in the divbim and/or coovoys of land in violation of the subs ivisim map set of the State of Caufomia. See plat awrAed hereto r Exhibit "A2" and by this reference nude pat bereof. prepaed under the diraMm of. Page 2 of 2 0``5��Ffl 0 ORIGINAL \ 1 \\ LOT 62 \ NORRIRE0IEW.Y IRIS LOT 48 LOT 619 TRACT MAP NO.3NO y LOT 47 M.B.251117.118 P.0 APN: 020- 522 -05 4 80UMERLY l E Al Af��1p / bey SA0r / wl L0T45 / PAC. IC) MMM WA30E OIRNE KIM CMDU M TE ttOM OF 103 ZDK Y. 2001A0 omm M A S ..N �)r IMAM AMMER'S`ROM OF AOCESL ( ) IMMU RECORD DATA PER TRACT IMV Na SYp. MA 23/lt7 -110 UNE TABLE UNE / O0EC110N tE1gM Ll N249p'3YN 10.71' Lx sassn'w lags• L3 s7osp'�ot t7.ts' 1� T \ 7 0• 20 AC $CALF 1' -AO of 6P�Fq� LI o, ORIGINAL LOCAL DXSCRIMON Cdtmsa Paeot Nw. 87310-2 Aa.lddmPaw APN 9204 s That portion of Lot 47 a shown on Tract No, 3569 Old N Book 23, pwga 117 sent I IS of Maps. Ramn4 of do County of Kam loanad to Seotioo 35, Township 29 South, Range 27 Bank Maud DMID Sam wd Meridian, in do [Sly ofBakswdeld, Cooly of Ran, Sesa ofCalif ills. non ponioo4Ay described as fellow Cneosodog at the moat southerly con er of said IA 47; TMaa along the somberly Sow of aid Lot North 70 °59'40" West 97.97 Post to the Palos of Doglmdng; 71amNorth 24159132" West 16.74 fact to the northwesterly line of said Lot. Thwm alongmW oonhwaoaiy Ora the following two (2) eoorae; 1. North 4377' 11" Bat 5.75 Po05 2. North 52 10'30" Bai 15.01 ftd; Therm South 24 °59'32" Big 41.44 Oat to mid sooOrly lie oftAt 47; Thera sloes aid southerly Has North 70 °59'40" West 27.90 foot to the Pw4t of Baghdq. Mw shows deemed panel 000tsim 599 e4usm fat mom or loss. The Baro of Baerings for this s wmy as, based open the North American Doom of 1983 (NADS3) of dw California Coordinate System of 1993 (CCSM) Tea V, 2004.00 Bpoah. m: 4mwmlmm�AnVE1lrEmwlSV>51m{1a1D2 nera FEE Awes pap 5 d2 m U O ORI(JINAL This Npl description it aot intended for on in the division, utdlar conveyance of Nnd in violation of the subdivision map act of the Slate of GEfmrria. Sae plot Watched baelo r Exhibit "A2" and by this refarurce mode put hereof. Prepared under do dhwdm oC San M. Smith, KS No. 9233 Earn K Snot nMOPm %SU94EVVESASW5101tl5102 naabe ME.dox plea2of2 o``gArF9N U O ORIGINAL \ LOT 62 1 \ MORiHpoSTE1SY LINE LOTH LOT 69 `� - TRAGT MAP N0.9788 LIY f7 W.B. 29 / 117.118 r `� 02M- 522-05 / dA SWAE%Y LNE P.QB. y LOTA6 r.ux. / MOST SOUAEMLr / COMER LOT {7 MEA41F%Y / LOf 16 / / 'A / rah 0/ UM OF CE ML CO M MCC OF W IMMNf OF NC EW LM — EEEM K Iql® (M) poem rAM E aMec NOTES: 4 "'E•F (w Nova OW MEAFM WDCas ANCIER'S MOM �. P.OM. PMMC OF MWNMM OF AOCESL \ P.O.C. NM1C Q OOMEN211EEf ( ) NWAM REOM DATA PER TRICE mm� AE BW OF � FM US WIP M 3M. A8 23/117 -118 LM T� REIFY ARE WD WON 11E NM NQII= MAY OF 103 MO OD1 R AE CMEmM OOMECN 913CY OF 100 (cc" MK T. MOM m Emm N mmm ME Mow= SHM HELM ME BO E OMCEM MY COMM ID MW o K 11E WII MM.TMiI a M,aNEwa PFMM® W. ( 1- P S O M A S DA m -58-17 MEv: I LU KIm' L1 L3 N32RC30'E ISO' L{ 62{3M'32'E N.N• 15 NFO'bMVO'C 27.60' Exhibit 2 of 0Are9T m u o ORIGINAL Temporary Construction Easement A four (4) year temporary, non - exclusive construction easement over, on, under, in, across, along and through the area more specifically described on the attached pages as the Temporary Construction Easement, to provide access to build the sound wall. of gA;<F9N � T m U p ORIGINAL LEGAL D10BCBETTON ChUmn Forest Ns 07510-3 AegnhRlum WE APN 920422.06 Tint portion of fat 47 a Acres m TrstNo. 3569 Bled in Book 23, Ages 117 end I IS of MaM Reoorde of the Canty of Keno kmaled in Section 35, Towmbip 29 South, Range 27 But, Murat DI" Beer end MaWim, In the City ofBekaoBeW, Canty ofKUN Shh of California, more prtiandy, described sa Iblbwc Consenting tithe moo sachedy tanw of aW Lat47; Those Alaeg the somlwy Has ofdd la Nash 70°59'40° Wea 65.90 het to the Polar ofBylW.y Tkeas North 24'5932' Wed 45.02 hct a the nmtirma wiy Jim of mW tat Theme Along said naMwatrly Jim South 52'2030• Wert 3.07 feet Theme South 24' 5932' Bat 41.44 feet to said modestly Jiro of Lot 47; Than Along wild mutkmy line Smut 70°59'40' Bed 4.17 fed to Me PWM of Beginning. The slime described pmd omlAim 130 Aquae feat move or lea The Basin of Baiap hr this survey we Mad upon dwNorth Amakan Dome of IM (NAD93) of the aliforAie Coordinate System of IM (CCS93), Zan V, 2004.00 Bpaok. A:MOKOW=%AW4EYµfWLg lMjMW3[hear3CE 40001 Pegs loft o``e�fF9 o ORIGINAL This hpi draiplim is not lamided for um in ft division rdhr oomrynree of land in viokdm ofdw suhdivlaion map aW ofthe Slam OfC mmiL See plat amehed hertm a RAibit `AT and by this refararare ma& part beraof. Pnprd under the direrion o@ 6aa hL Smilk PLS No, 3733 Ddw Pape x otz o��an�hn oeiriw <,� LOT@ �- NDR11rKSMH.Y LINE 1 LOT 48 LOT p TRACT MAP NO.3888 LOT 47 M.8.231117d18 L APN: O2O- 822-03 { 3OO7NEM LM a / tO / 'hhyo� LOT48 OBr. 4xs,�0lr _ _o n n / A J� .— ADVOMm NOM OF NN Now PMFEWIY LIES VBW AS MM Ly BMffi EOE m OSNE MmmEB BY1L SONNO I fjo r � NOTES: V-1- 414te MDATES AIRMERS ROM OF ACCESS. ` C ) INWATES REOORO DATA PER TRICT WP No. 35M. MB. 23/117 -118 dE BLED WON VE � LIE / MOM MUM OF 100 LEWIH D7 M atrom N24 W3rW Z SAMM OF 190 L2 mE Y. m mo mm T MM S M BONN AN MIX= am NM4 Im mDE8O v B I M VE ODNIIIMmm 4.17 F Lose"" mu r• r-w x sr. 0 M A S DATE' 02 -08 -17 REV.: 1 LIME TAME LIE / Dmwm LEWIH u N24 W3rW 45.02' L2 352R0.3O'M 7.07' L7 MIX= 11.N' LI S7OIW40 *E 4.17