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Home My WebLink AboutRES NO 101-17RESOLUTION NO. 1 01 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 improvements to the 24th Street corridor from just west of State Route 99 to just east of M Street, including street widening and intersection improvements. The project is known as the 24th Street Improvement 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 interest in that certain real property commonly known as 1815 24th Street, Bakersfield, CA 93301 (APN 003 - 121 -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: �annee o it QRIGINAL 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 24th Street Improvement Project, street widening and intersection improvements 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. e. 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 FeP�Fq o s, U L' ORIGINAL 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. 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. 5. 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 /ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 19 2017 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER RIVERA, GONZALES, WEIR, 9M19 HC PreCJngn, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABS COUNCILMEMBER N orb_ SENT- COUNCILMEMBER M CHFUSTOPHISR GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JI IL 1 92017 n T m - o OPoGINAL. APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ANDREW HEG D Deputy City Attorney �eAxFq o T v o 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. lo\ -Il , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. CHRISTOPHER GERRY 6��F9 c� J' T � c rnIGINAL Exhibit 1 Oa;:F9 T ORIGINAL • 12 U11Y UT tl KtNbrILLU xHOOL nT �_� K I) } PI rm n 51 y j PlNd n 'i V a -12 L P) N 2 r ASSEMn MAP No. 3 -.12 _.._ rnuuty nv vrou 0� ^Py o s. ORIGINAL +I IwJ p l �� • N M V + � i I I' " k-- -_°___ - -' a I� j PlNd n 'i V a -12 L P) N 2 r ASSEMn MAP No. 3 -.12 _.._ rnuuty nv vrou 0� ^Py o s. ORIGINAL +I IwJ p l + � i I j PlNd n 'i V a -12 L P) N 2 r ASSEMn MAP No. 3 -.12 _.._ rnuuty nv vrou 0� ^Py o s. 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 a sidewalk and driveway approach. Q ARFq O T ORIGINAL EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT PORTION OF LOT 10, BLOCK 157 "MAP OF THE CITY OF BAKERSFIELD' BAKERSFIELD, KERN COUNTY, CA (APN 003 - 121 -05) A PORTION OF THAT CERTAIN REAL PROPERTY REFERENCED ON THE GRANT DEED FILED JANUARY 7,2w5 AS DOCUMENT NUMBER 0205005099, KERN COUNTY OFFICIAL RECORDS, ALSO BEING A PORTION OF LOT 10, BLOCK 157, THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN MAP DATED MARCH 10. 1904. ENTITLED SALES MAP OF THE KERN COUNTY LAND COMPANY SHOWING SUBDIVISIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD. KERN COUNTY. CALIFORNIA', WHICH SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID KERN COUNTY ON APRIL 19, 1904 IN BOOK PAGES 13 AND 14 OF MAPS. TEMPORARY CONSTRUCTION EASEMENT'. BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10, BLOCK 157: THENCE, ALONG THE EAST LINE OF SAID LOT 10, SW'4849'W 10.00 (RECORD BEARING SOO'00'00'W)I THENCE, DEPARTING SAID EAST LINE, N89'10'08'W 125.00' TO THE WEST LINE OF SAID LOT 10: THENCE, ALONG SAID WEST LINE NOO`48'49'E 10.00' TO THE NORTH LINE OF SAID LOT 10: THENCE, ALONG SAID NORTH LINE, 589'10'08 "E 125 00' TO THE POINT OF BEGINNING, CONTAINING 1,250 SQUARE FEET MORE OR LESS. THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT OF TRANSPORTATION) "STATE HIGHWAY MAP' (Mnnumentabon Map) ON FILE AS FILED MAP 7 -1 BOOK 2, PAGES 6547 WITH THE KERN COUNTY SURVEYORS OFFICE. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. g: \prof \2014 \140206 \3 project design \survey \construction drawings\legal descriptions and exhibits \003 -121 05 \tce \003121{)5 tce.doa � en;cFq oHlsminL Exhibit 2 o gAr;E -9-^ ORIGINAL j •41'fq,• SCALE. "' -3P 24TH STREET (82.5' RW)"lN - OF 1 TICE 1 ne �_ T 9'W -- '__ - N O � n APNL 003- 121 -06 o i s _ .1119 Il] Ptl lV 1 1 __ - - -- OCK 1157. Ic 3 Y W THE BASS OF BEARInG FOR THE DESCRIPOON AND PLAT IS THE PTLE RcPJRT VOT PROVOc0 FOR 7US CAITRAnS (CALIFORNIA DEPARTMENT CE PARCE, _. VES-NG DEED Ck_Y. TRANSPORTATION) STATE H'GHWAY MAP (MOnUm<n LOLIPn MOP) ON --LE AS OLEO MAP ] -' ROOK 2. -if.ES 65 -er ,AF ^EI. G2C" 9.6 "�S 50 FT WTH THE NERN COUNTY TCE 1 ,2TOt SO FT OFFICE c.. " Gnnon : 3 Q lV m a ORII ^,INJ Ai