HomeMy WebLinkAboutRES NO 100-17RESOLUTION NO. 1 0 0 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 temporary
construction easement in that certain real property commonly known as 4301
Marella Way, Bakersfield, CA 93309 (APN 020 - 482 -29) 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:
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ORIGINAL
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.
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
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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 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 /e dit7arce was passed and
adopted, by the 1UL 1 p l of the City of Bakersfield at a regular meeting thereof
held on 9 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AYES' COUNCILMEMBER ftIVERA .GONZALES. WEIR, SAMi Freh+nq SULLIVAN, PARLIER
NOES: COUNCILMEMBER Nvti�
ABSiAIN:, COUNCILMEMBER N�
GB�FdIy COUNCILMEMBER GMT
CHRISTOPHIE6 GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of
Bakersfield
APPROVED: JUL 1 92017
BY —4�:A
KAREN GOH
Mayor
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OAIGINAL
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW HEG D
Deputy City A orney
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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. I00 -I1 , passed and adopted by the
City Council of the City of Bakersfield at a regular meeting held on July 19, 2017.
CHRISTOPHER GERRY
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ORIGINAL
Exhibit 1
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a -48 TRACT 3488 won oisr l -2B m -48
PTN. NW U4 OF SEC 36 T29S. R.27E.
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A6KESWNE NM NO. N) 3fl_.
COUNTY OF KERN
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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 reconstruct the northern portion of the driveway and driveway approach.
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ORIGINAL
Calhoun Pared No. $7539.1
Acquisition: Temporary CoetnNw Fewwest
APN 828482-29
That portion of Lot 29 as shown or Trot No. 3496 filed in Book 20, police 134 and 135 of Maps,
Records of the Cou dy ofKrn, located in Section 35, Township 29 South. Rap 27 Bast, Mara Diablo
Ben and Marid*4In the City of Bakrdmld, County of Kem, Stem of California, more potticuledy
described as fallows:
Commanding at the naNealorly corner of said Lot 29;
Theater along the northerly line of said Lot 29 Nods 71°00' 14° Wed 26.12 feat so the
Polar of Beglnnly;
Tissues South 191007W Wort 9.00 feet;
Tlweee Nods 7110PI41 Wee[ 10.00 feet
Thence Nods 19°00W Bat 9.00 feet so sold ro:thody line of Lot 29;
Tissues along said northerly line South 71 °00'14" Fees 10.00 feet to the Point of Scorning.
The above described parcel cents= 90 spurn feet mom or lea.
The Bede of Swings far this survey are bawd upon the North America Dam of 1993 (NAD83) of the
Cetifcrnia Coordinate System of 1983 (CCS831 Zane V, 2004.00 Spoeh.
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OFIGINAL
This leo dmcriptim is not inumded for eac in the division andlm conveyance of land in violation of the
subdividan map act of the Sala of commis.
Sm plat attached hereto a FAibit W" and by this mferertoe made pot hereof.
Pmpamd ender the dimWm of.,
Seen M. Smith. PLS No. 8213
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ORIGINAL
Exhibit 2
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PARCEL / I TITLE AREA APN
87578 -1 TOE 20 SE. OM- 482 -29
$ TRACT MAP NO. 3889
M.B. 23P117 -118
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P.O.C.
LOT2B L2 °am 10i 20
MN: 020-492-28 I $
LOT 29
MN:02o-482 -29 7
EASTERLY UI /
LOT 29
TRACT MAP NO. 3406
M.B. 20134 -138 LOT 30
APN: 020- 482 -30 / )/
LOT 17
J f TRACT MAP NO. 3330
LEGEND PR0POSE0 R/W ' --.,,t 2 M.B. 1N14 &119
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MM FMPEIRV 136
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(PRC) BpW16 RL4m CU9E t
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NOTES
WE BW OF ffiWR9 FOR T16
93MY ARE BUM UPM THE
N98N M080M 0" OF IOU �:
OBOE�i) Q TILE emoom
EOOMIIIIF SMTFY OF IB6T ( ) INWjdB RECM pOTA PER ~
(0661), 220E V. 2201.00 ETOOA. TRACT MAP Na 3488.
RE 06TA M YID111E1®I AM M.B. 20/134-135 0'
ORD OKMALLS. OMIElO MTNEiS
WW M OUR= BE 0110110 0120 Ot 5' WOE PUBLIC UR116 EASEMENT SG1LE: r -40'
08TNIO8 M THE CREW20N PER TRACT MAP Na. 34M
I== OF 081118120. M.B. 20/131-135
PIEPMED BF:
P S O M A S K W/02/2017 REV.: PM: EA: 10180
�� oA"' uWim110 0151RICf C01111IY ROUTE PREPARED BY SHEET W. TOOL SNEE15
pr)wA -eul ...A..... 00 KERN 58 TO 1 1
LINE TABLE
LINE / OMECTNW LEN0R1
LI 519'OD'20
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'W 9
9.00'
LI N
N71'00'11'W 1
10.00'
l3 N
NIBTIO2IT'E 9
9.00'
L1 5
571'00'11"E 1
10.00'
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ORIGINAL