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Home My WebLink AboutRES NO 098-17RESOLUTION NO. 0 9 8- 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 ( "Caltrons "), 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 temporary construction easement in that certain real property commonly known as 806 Wible Road, Bakersfield, CA 93304 (APN 148 - 240 -39) 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: F 6AXf9 ORIGINAL I . 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 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 00 .n v o ORIGINAL 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 Activi ies. 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 and adopted, thereof held on by the that the foregoing Resolution /Ordinance- was passed Council of the City of Bakersfield at a regular meeting Illi. 1 9 .017 by the following vote: CERTIF Y V ✓ ✓ ✓ ✓ / AYES: COUNCILMEMBER RIVERA , GONZALES, WEIR 301;1+ Turo00. SULLIVAN, PARLIER S COUNCILMEMBER N01� ABSTAIN: COUNCILMEMBER ABSENT:' COUNCILMEMBER 1v�31� CHRISTOP R GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUL 1 92017 By _O KAR N GOH Mayor o ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ANDREW HE ND Deputy City Attorney of en „Fv T 0 v nRIGIfJq� CERTIFICATE OF CITY CLERK I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 0c1E-11 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. CHRISTOPHER GERRY of eA:Y�9m m � o ORIGINAi_ Exhibit 1 of 6��Py m ORIGINAL .44 -24 NV2 OF NW W OF SW L4 OESEG 1 130 S R.27 N pn. 66.17 ej i t ma-24 �4�/s rw4s fui��iw�..�a1w�✓1 r. w G of 0p�F9 T v v O�+!r,INkL O p =O O R Pw 10 -.. _.- r r �4�/s rw4s fui��iw�..�a1w�✓1 r. w G of 0p�F9 T v v O�+!r,INkL 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 reconstruct curb, gutter and driveway improvements; and, the portion of the area that is asphalt paved and utilized for parking will also be reconstructed. of eTFF9 _ o ORIGINAL LEGAL DRSCRIPTION Callnro Parcel No. 8"17.1 Acquisition: Temporary Construction Easement AP14 148.240.79 That portion of land an described in Individual Grant Doed recorded September 5, 1991 as Document No. 113420, Book 6565, page 1716, Official Records of Kern County, located within the naMwast quarter of the southwest quarter of Section 1, Township 30 South, Range 27 Flu, Mount Diablo Base and Meridian, in the Unincorporated Territory of Kern County, State of California, more particularly described a follows: The westerly 50.OD feet of said above described land. EXCEPTING THEREFROM the east 25.00 feet of the was 55.00 fat of acid laird as condemned by the County of Kern in that certain ludgement Pursuant to Stipulation in Document recorded April 1, 1974, Book 4833 page 2216, Official Raoords of said County. The above described parcel contains 2,125 sgasrc fat more or leas. This legal description is nor intended for use in the division and/or conveyance of land in violation of the subdivision map act of the Sum of California. See plat attached hereto a Exhibit "A2" and by this reference made pan hereof. prepared under the direction of. 101121201E Sean M. Smith, PLS No. 8233 Date: m\ IOPmlmosWaVF14E�MLillnl ltanl]•1E WAJ.Ta Asa Page 1 of 1 o`t ��F9N o c: C91GINRL Exhibit 2 o`�e��e9T ORIGINAL N+IQI % 7111E AREA AP„ 2011 -1 11 z1a si. BELL TERRACE 176 —� _— - SOUTIM£ST OUAR7ER -' 1 APN: 119 -240-01 S[CIKIN 1 1 158• APN: 1�e -2MN02 a l 2 1 1 1 IAW111 .S S51A. P�gEC O 1D, a a. IS APN: 148-240-39 20: OO4 Np 113420 Nc. 9993. PC, me c �• Ill SEPT. S. 1901 Ott 18 I _ I 1 I X APN: 149-25 W I I I R/Yf Ill WIS OF OGSOIP" — CUM NUR OF Mr - -- NUR 1111• Sm= Il L E-3009 AS S NOTES: (PR(:) � CIR ? Oi Aol PUNSW 70 SIPIEAIOI N (Rl NVAM Will BEll OOQN➢I1 SSLIp1O ASK 1. 1904 N PAR POMP OF NS901m" B0 K 4W Nil MIS OF FFM P NIA N 0 Ill USE a L AS OEXIM N O• � 40• INE Nm OF BFAONS PINT 7M "m NE ■Lau UPON 7NE 1411 l Uw1I DEED DIM SEIIDW 5. 1901 OOC. NP. 113420 NNU 6565. IOM Aml C171N O ISO ONOW a m CNFOM PAGE In$ OPilO9l ABC0906 SOME I'-W OODUMIE SISIMI OF 1997 (Ope>). zm V. =M OWL 71E ORIAIEES SHM 1EIEP Al m OROPO7. ORURN Oall NN 9E Ool M OSNeN N90 0011 9E THE d9111441101 FAONR l OAM06106 PN7OIFE BC P S O M A S u9E: lo-lz -19 REV.: RA: 23.09 G 40400 w ° ORII90I CUNIY ROME PRFP!!➢ Sl eIEET o. 700E SHMS 90 NRN 90 INS. I 1 1 oFg��F9 T v v ORIGINAL