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Home My WebLink AboutRES NO 097-17RESOLUTION NO. 0 9 7 - 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 a partial fee acquisition and temporary construction easements in certain real property commonly known as 3209 Mona Way, Bakersfield, CA 93309 (APN 149 -250- 15) 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: of O�FRq �> c ORIGINAL 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. 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 I 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 �gAXt O U� V C ORI ;INAL 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 /GrcliraeP/_e was passed and adopted, by the C g I9 of the City of Bakersfield at a regular meeting thereof held on UL by the following vote: E NOES: ABS IN: ABSENT: ✓ ✓ ✓ ✓ ✓ �/ COO NCILMEM BER RIVERA , GO NZALES, WEI R, 90 4141 Fff.¢pAO SO LLIVAN. PAkLIER COUNCILMEMBER N� COUNCILMEMBER N COUNCILMEMBER SM� r) APPROVED: JUL 19 2017 By Ilk Is pe —A KO EN GOH CHRISTOPHIEt GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor 3 �gA F9 O N ti 0 0 ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By )Xx� - ANDREW HE ND Deputy City Attorney c 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. Oql -I-1 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. CHRISTOPHER GERRY F 6aXF9 o ,n OFIGINAL Exhibit 1 ORlrir.�n,� irr -2S SV2 OF SEV40F NEV40F SEC. 2 T30S R27 E. 56.5 140 -25 @;o M y L (+Y+ I L � ® r AS2E960Rb MM N0149 -25_ CWNTY " KM a� i 0 CRIGINqL EXNUM"AI' LEGAL DISCUU 11EN1 Caltram Pared No. 87713.1 Acquisition: Pee APN 149. 250.15 That Ignition of land as described in Quitclaim Deed recorded October 7, 2013 a Doculranl No. 0213145918, ofolEcial Records urKenr County, located uulgo north hadfofthe tough halfofthe se thart gmroa of rho northeast quarter of Section 2, Township 30 South, Range 27 East, Mould Diablo (lase and Meridian, in the Unincorporated Territory arKam Canty, Stale of California, mono particularly described m follows: Commencing d the eemerlim intersection of Aimn o Street (30.00 foot half - width) with Mom Wny (30.00 fool heir - width) m shown on Parcel Map No. 3456, filed in Book 16, page 84, or'Parocl Maps. Records of said County; Thence along mid ccnmrline of Mona Way Norlh 88.45'08" West 135.94 fal; Thence Smith 01 °14'52" West 30.00 reel to the snnllarly line of said Moan Way, also Icing (he "dwst comor of aid Ind and the Point of Beginning; 99eace along Ida easterly lute of said Land Sough 00 %6'01" West 4.89 faN to Ida beginning of a nmr4an9011t curve, concave southwesterly having a lulus, of 11.38 reel, a lira radial to mid beginning beets North 51.49'01" Lust; Thence northnwaarly along said curve nn am ievit of 7.03 foal, llunugh a central angle of 12 °50'05" to mid sodhcriy lino of Mom Way; Theace along mid sondnerdy lino South 88°45'08" Eat 4.98 fat to the Puinl of Beginning. 11ro above described Owed contains L I squam feel anon or Icon. The Basis of Bearings for this army am based upon the North Aolarita Datum of 1983 (NAL)83) of the California Coordinate System of 1983 (CC383), %rte V, 7004.00 ranch, P:140rrA1n1o1WMWE W. 5%57713%47]13.1 Lanka. tr1 FEE. nbcv Page 1 of 0 pF OA/ yN ci ORIGINAL 3114 Icgal description is not inlmdod for use in Ilw division andlor conveyance of land in violation of tlw subdivision map act of da, Smw of California. Sao plat aemlwd hordo u PAhihit "A2" seat by this relisonce made part hacof. Prapa ed undor the diroction of Scan M. Smith, PLS 8233 13810: a:NmmtmoalsuaysvttF.v Ssn7713%9271str Ilak a.t FFF.daa Seen M. Smith Paco 2 of 2 o`6��F9s ORIGINAL PARCEL WE AREA APN 8771] -1 FEE Tj 11 SE 149 - 250-15 _ se9'1r]9'E> M88'45'06'W 135,94 IatONA WAY — — — & S01'I4.52'W 1 P.O.�61 M YOMA ! AIAYD 81REETI NON�Y PnY % P.O.& BEE OETAL J NORTHEASTERLY ' COWER 000 K HEREON M0. 0213145918 9� O q 4h AF'N: 119- 250 -42 �r R i N`n Qi m d � a Y Yi� n SET' M. s S �R N27 E 3 APM: 10- 250 -43 �g . Rt. I: APR: 149- 250 -50 APn: 141- 250-19 LEGEND 4 IUM OF OCICAPROM -- ---- —�-_ — EUSW Mart OF MY x.45-08 -E P.O.B. BELLE TE�CE - -- MMWIm MOM OF RAY 4 U' IIgMASMILY ____ REM PROPEMY 1145 r � OaPER 000 GSEDW M MOTES N0. 02131/5818 (PRO) CURVE OF (PAD) I 010 RWA BEARING ' sons 0rW R�31.38' 4.89' PAL POW OF COMMMIO 01230'05' i P.O.C. POW OF COYIENOEtEMf L -7.03' NOTES M Wm OF BFNMIIS FOR IN8 MW ARE ARE LOEO UPON M '(p) MM AM MCAN DOW OF 1983 DETAIL "Am 11 EMGOFill 5E V. D4 E N.T.S. (ttsn]► DOIE V. 2004m EPOCH. N M OSEMMS SHOWN HOW ME I a1D VAMM6EL NMIRM WW= MAY BE 00EMI 0 BY OYMWO OMD NOTES: OWN= BY IME comomm FACMR OF 0."9WWL ( ) WOICATES RECORD DATA PER PARCEL s� PREPARED W. MAP No. 3458, P.Y.& 16/84 P S O M A S pATi 1 -I3 -17 REV.: PM: 23.20 EA 49460 is w Aga ar ac MEI COYNIY R017fE PREPARED BY SHEET M0. TOTAL SHEETS b u.r anm (M) a +..4rrn.� 06 KERN W Id. 1 1 a v ORIG,WF.L Exhibit 2 T m ORIGINAL Temporary Construction Easements Two four (4) year temporary, non - exclusive construction easements over, on, under, in, across, along and through the areas more specifically described on the attached pages as the Temporary Construction Easements, to reconstruct the sidewalk along the new right of way line, including handicap access ramp; and, to remove an overhead power pole that is sited on the property immediately to the east. oFyR cF 0 rn ORIGINAL EXHIBIT 'All' LEGAL DESCRIPTION Gltrnns Parcel No. 877112 Acgawition: Temporary Conatrocdon Emcawt APN 149 - 250.15 Thai portion of lad as do=bod in Quitclaim head recorded October 7, 2013 as Oocumaut No. 0213145918, ol'OlBeht ReeadsofKenn County. located in tha northholf ofthe south I drofthe sculhead quarter of die northeast quarter of 800lim 2, Township 30 South, Range 27 Bost, Moans Diablo hoed ad Meridian, in the Unincorporated Territory of Kem County, Sistc ofCalifomin, morn particularly described as follows: Pared l Caaraeadug in the malerlim iwwm*tion of Aland Strad (30 foot half- width) with Mom Way (30 fed half-width) as shmwr on Parcel Map No. 3456, riled in Book 16, page 84, of Parcel Maps, Reoohds of said County; Thence along mid ccntoiim of Mona Way North 88°45'08" West 135.94 feet Thence Sash 01°14152" Want 30.00 real In the solidw ly Jim of mid Mau Way, also being the northeast corer of mid load; Therm along the manly line of mid land South 00 "36'01" Want 4.19 feet to the beginning of a rim4amoul curve, conserve southvamarly having a radius *1`3138 real, ad the Point of Beginning, a line radial to mkt beginning heave Noah 51 °49'01" Rod; Thence northwesterly along mid curve an arc kaglh of 7.03 fans, through a cenhal angle of 12 150105" to mid southerly line of Mom Way; Them along said southerly line North 88 045108" West 1.56 feat to Ile beginning of a mn•mngat curve, cmhmve aoohwataiy having a radius of 27.00 fed, a line radial to mid beginning beers North 24128108 Pout; Thenm southaWCrly along mid auva an am length of 10.48 rm4 through a mini ahgla of 22 "14' I /" to a line parallel with and distant 5.00 foot westerly rat uhemurod at right anglos fron said eantady lim; Thence along and parallel lino South 00°36'01" West 14.13 fed; Tieam Smth 88°45'08 "list 5.00 feet lo mM oeelcrly lino and n point hereinafter returned to m Point 'A% ne m along mid county Jim North 00.36101 "Past 15.12 fact to die Point of Beginning. 11ho above described parcel contains 110 square rest more or km. akaacoMMARA EYUEOas1B"1)un132 route A -lttemv rage f w2 o�gAi;f9 T r: m U O ORIGINAL Pam 2 Camomuclog at the above dea tibed Point W; Theau.lung mid medically Saudi 00 '76'01" Wmi 5056 fist to Wu Point of 8 inning; Theme continuing Saeh 0096'01" Wast 10.00 feat; Thence North 89°23'59" West 5.00 Ice. to a line parallel with and diatmt 5.00 red wmtoriy us amounted at right angles from said easterly lie; Thence Wang said parallel Jim North 0096'01" diet 10.00 tixy Thence South 99'23'59^ an 5.00 feet w the Point of Beginuing. Thu above descaibod portal contains 50 squnno feet mom or Ims. Tim Basis of Bearings for This surety arc basal upon the Nonh Anwriean towns of 1983 (NAD93) or Jim CWEfomis Comlina c Systat of 1983 (O S83), lone V, 2001.00 Epoch. This Juliet description is not intended for use in 0e division andfor conveyance of land in vi Jana, of the subdivision sap out of Jim State ofCabil6nnia. See plat attached home as Exhibit "A2" and by this mfennce aada pmt haeof Pnpmwl undo 0e direction ol: Sean M. Stith No. 8233 Seen M. Smith, PUS No. 9233 Dntc: R. �WPmtosalWlaVEYtIfGMS�Pr�t )W��siT lNmt M M.41aa Pane 2 of c GRIGIN L PARCEL I 71RE ARFA 77 APn 11 }2 TCE 160 SF. 149 - 230-1! _ (091 7'39'E) Ned'4S'09'W 133.94' MFA WAY �- NOwRFAW31 COMRA , 39114'32 "W P.O.C. 0aC Ra OSISM391e , x.00' PIE 1,OIIA MY •__ _I t ALAYO STREET I r SOU711ERLY R/w Mau wAY PA.& PARCEL 1 SEE HEREON 110 $i. (� M 'A' HEREON __ ) a POYIf A' R 0• 20' 40' r Rn SOII'36'01'W SCALE: 1'40• Rn-� w.w' d dgo P.0C9�.L � r , i i y112 •g1RC2. SEE DETAIL t Pte' SI6. 9E „+B' IEREW MN:II9- 250-43 sHa•�` a�E� � Iy S. It. 3OM�.6.,w iR 29 APN: 119- 230-30 — M9NO MM OF MY - -- ARINIVfL 1698 OF MY \ RWOM FMPDM IVES �& — EMEMOIF AS R0® sM1` (PRC) PN031F5 Fawr a REiMeE CIPNE R -27.00' (MC) MOICAIES M WANK 6- 2214'19' PAL FOW or Stan" L- 10.45' P.M FORT OF O71YMCf1RRf r F 1953 i D% . A• 4A0 VOCM � I NEREN ARE i NO ObY.0 r IMtlM IDN B 388'4: S ( ) ND"TES P M A S . W]R IN 149- 230 -49 T L1703' — y L =t250'OS' Ls>.03' TGe�� SOOR6'01 � I E 1 LMACE rb1Z. 4.69' r Se92.VM-E , P.O .& 1 S.00 'v P.O.B. PARCEL 2 +i PMCFL 1 i r i i P i r1Rd ,gp+_ti z � llPONT'A'i i o�e��eys ORIGINAL