HomeMy WebLinkAboutRES NO 102-17RESOLUTION NO. 1 02- 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 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 partial fee
acquisition and temporary construction easement interest in that certain real
property commonly known as 2322 Beech Street, Bakersfield, CA 93301 fAPN
003 - 040 -10) 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:
F6��Fq
o t,
m
c
ORIC,Ip1P,l
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.
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
g A�tE9
o s
� m
o IaINAL
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.
b. 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 /GrdiaaRee was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof
held on by the following vote:
AYES'
N ES:
A N:
ABSENT:'
APPROVED:
i
COU NCILMEM BER RIV A . GON ALES, W R, SM1MrM,(Y�,vmgN, SU LLIVAN, PARLIER
COUNCILMEMBER tih�
COUNCILMEMBER N _
COUNCILMEMBER M _
CHRISTOPHA GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of
Bakersfield
By
KAREN GOH
Mayor
JUL 19 2017
of OA�(q^
U
ORIGINAL
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW HEGL
Deputy City Attorney
�gauF9
J b
n91frINAL
CERTIFICATE OF CITY CLERK
I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the
foregoing is the full and true Resolution No. NZ -Il , passed and adopted by the
City Council of the City of Bakersfield at a regular meeting held on July 19, 2017.
CHRISTOPHER GERRY
o``8A4F�m
m
U p
OnIGINAL
Exhibit 1
ore "�F9T
6
ORIGINAL
3 -04
h
J
a
1
CITY OF BAKERSFIELD 3wott max / -/ �_3 a -04
03 e L
i WRMF
y fff Y
w uuruie
03
sr i
J
+a<w
0
____ -___y
r_______
'
9
i
-
y fff Y
w uuruie
03
ST i
N
U
4
A ESWR3 IMP KD 3 -04
LOIAITY OF KERN
v LOFIGINA
sr i
J
+a<w
____ -___y
r_______
'
9
-
�i
ST i
N
U
4
A ESWR3 IMP KD 3 -04
LOIAITY OF KERN
v LOFIGINA
EXHIBIT A
LEGAL DESCRIPTION
FOR RIGHT OF WAY ACQUISITION
PORTION OF BLOCK 464 -A
'MAP OF THE CITY OF BAKERSFIELD"
BAKERSFIELD, KERN COUNTY, CA
(APN 003 - 040 -10)
A PORTION OF THAT CERTAIN REAL PROPERTY CONVEYED IN THE DEED FILED AUGUST 19, 2003 AS
DOCUMENT NUMBER 0203172111, KERN COUNTY OFFICIAL RECORDS, SAID PROPERTY BEING DESCRIBED AS
FOLLOWS:
THAT PORTION OF BLOCK 464 -A, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, ACCORDING TO AND AS DELINEATED ON THAT CERTAIN MAP DATED MARCH 10. 1904
ENTITLED SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISION OF ITS
ADDITIONS TO THE CITY OF BAKERSFIELD. KERN COUNTY, CALIFORNIA" WHICH SAID MAP WAS FILED
APRIL 19, igD4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 123.50 FEET NORTH OF THE
SOUTHWEST CORNER THEREOF; THENCE EASTERLY AND PARALLEL TO THE SOUTH LINE OF SAID
BLOCK, 122 FEET TO THE WEST LINE OF THE ALLEY SAID BLOCK: THENCE NORTHERLY ALONG THE
WEST LINE OF SAID ALLEY, 140.50 FEET TO THE NORTH LINE OF SAID BLOCK: THENCE WESTERLY
ALONG THE NORTH LINE OF SAID BLOCK, 122 FEET TO THE NORTHWEST CORNER OF SAID BLOCK;
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID BLOCK 140.50 FEET TO THE POINT BEGINNING.
PARCEL 1 —RIGHT OF WAY ACQUISITION.
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, BEING THE NORTHWEST
CORNER OF SAID BLOCK 464-A. SAID POINT LYING ON THE EAST RIGHT OF WAY LINE OF BEECH STREET AND
ON THE SOUTH RIGHT OF WAY LINE OF 24- STREET.
THENCE, ALONG THE WEST LINE OF SAID BLOCK 464 -A, SO.48'21'W 23.58 (RECORD BEARING SO. 00'00 "E);
THENCE, DEPARTING SAID WEST LINE, N61'5056 E, 95.66' TO THE BEGINNING OF A TANGENT CURVE;
THENCE, NORTHEASTERLY 27.81' ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS
OF 1408.56' AND A CENTRAL ANGLE OF 1'07'52" TO THE EAST LINE OF THE ABOVE DESCRIBED PARCEL',
THENCE, ALONG SAID EAST LINE NO'48'21'E 4.57' TO THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL,
THENCE, ALONG SAID NORTH LINE. N89 "10'00 "W, 122.D0' TO THE POINT OF BEGINNING, CONTAINING 0.039
ACRE MORE OR LESS.
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA
DEPARTMENT OF TRANSPORTATION) -STATE HIGHWAY MAP" (Monumenlation Map) ON FILE AS FILED MAP 7.1
BOOK 2. PAGES 65-87 WITH THE KERN COUNTY SURVEYORS OFFICE.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THELANDSURVEYORSACT.
o P gAPmA20l4 \140206 \3 potect design Aw gs \legal descriptions and exhibits \003 -040-
30\revl \pa \003-040 -1Opa rl.docx
�gAaFn
O T
_ m
ORIGINAL
PCIP.= 01 BtC INNI`IG ';. PL:; -'
24TH STREET (82.5' R /W)
BEARING BASE EASEMENTS
itTHE BASIS OF BEARING FOR THIS _EGA_ °ER COVMCAWEALTII TI C802164S
DESCRISI AND PLAT R iPp i5.i P -H. .Z STREET EASEMENT TO CITY OF
CALTRANS (CALIFORNIA DFPARTMFNT CF P- OTTEE.D. MENTION CAN N01 BE
I TRANSPORTATION) STATE HIGHWAY P- `'1TTEJ. DOCJNENT NOT PROYDCO.
L MAP- (Monumenlolion Mop) ON FILE AS
Li FILED MAP 7-1 BOOK 2. PAGES 65 -E7
i MTH THE KERN COUNTY SURKYORS
i,
OFFICE
AREA DATA IAC>
' - 9
1
- ARC_l GROSS
0.3942 AC
R /5V ACOUSI'10N
0.n39f AC
C CL [q
E ^
�.
Cannon
r
1
34 V
—.
3
F I _,
Q
p
J
00,3•
- y
m
LOT 10
LOT 9 LOT 8
LOT 7
LO
IF z6'. LOT 5
LOT 4
V
APNT 003- 040 -10
BLOCK
BL
4 6 4A
m
Op0'1g
003'
PQaA
.
LOT 11
LOT 12 LOT 13
LOT 14
LOT
15 LOT 16
L_ OT_ 17
j
APN. 003 - 040 -09
SCALE. 1' =30'
BEARING BASE EASEMENTS
itTHE BASIS OF BEARING FOR THIS _EGA_ °ER COVMCAWEALTII TI C802164S
DESCRISI AND PLAT R iPp i5.i P -H. .Z STREET EASEMENT TO CITY OF
CALTRANS (CALIFORNIA DFPARTMFNT CF P- OTTEE.D. MENTION CAN N01 BE
I TRANSPORTATION) STATE HIGHWAY P- `'1TTEJ. DOCJNENT NOT PROYDCO.
L MAP- (Monumenlolion Mop) ON FILE AS
Li FILED MAP 7-1 BOOK 2. PAGES 65 -E7
i MTH THE KERN COUNTY SURKYORS
i,
OFFICE
AREA DATA IAC>
' - 9
1
- ARC_l GROSS
0.3942 AC
R /5V ACOUSI'10N
0.n39f AC
C CL [q
E ^
�.
Cannon
r
1
34 V
—.
� �AiiF9
T
J
ORIGINAL
Exhibit 2
o``eaas9
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 construct a concrete block sound wall.
T
� m
ORIGINAL
ExHWIT A
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
PORTION OF BLOCK 464-A
'MAP OF THE CITY OF BAKERSFIELD'
BAKERSFIELD, KERN COUNTY, CA
(APN D03-040 -10)
A PORTION OF THAT CERTAIN REAL PROPERTY CONVEYED IN THE DEED FILED AUGUST 19, 2003 AS
DOCUMENT NUMBER 0203172111, KERN COUNTY OFFICIAL RECORDS, SAID PROPERTY BEING DESCRIBED AS
FOLLOWS:
THAT PORTION OF BLOCK 464-A, IN THE CRY OF BAKERSFIELD, COUNTY OF KERN. STATE OF
CALFORMA, ACCORDING TO AND AS DELINEATED ON THAT CERTAIN MAP DATED MARCH 10, 1904
ENTITLED'SALES MAP OF THE KERN COUNTY LAID COMPANY, SHOWING SUSOMSION OF ITS
AMMONS TO THE CRY OF BAKERSFIELD. KERN COUNTY, CALIFORNIA* WHICH SAID MAP WAS Fit
APRIL 19, 19041N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 123.50 FEET NORTH OF THE
SOUTHWEST CORNER THEREOF; THENCE EASTERLY AND PARALLEL TO THE SOUTH LINE OF SAID
BLOCK, 122 FEET TO THE WEST LINE OF THE ALLEY SAID BLOCK; THENCE NORTHERLY ALONG THI
WEST LINE OF SAID ALLEY, 140.50 FEET TO THE NORTH LIFE OF SAID BLOCK: THENCE WESTERLY
CORN IDICING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, BEING THE NORTHWEST
CORNER OF SAID BLOCK 484-N SAID POINT LYING ON THE EAST RIGHT OF WAY UNE OF BEECH STREET AND
ON THE SOUTH RIGHT OF WAY LIE OF 24" STREET;
THENCE. ALONG THE WEST UNE OF SAID BLOCK 454-A, W48-21 -W 23.58' (RECORD BEARING SO -W0rE) TO
THE TRUE POINT OF B&i8W WG:
DEPARTING SAID WEST LINE. N81'50'5rE. 95AF TO THE BEGINNING OF A TANGENT CURVE;
NORTHEASTERLY 27A1' ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS
r AND A CENTRAL ANGLE OF 1.07`57 TO THE EAST UNE OF THE ABOVE DESCRIBED PARCEL;
ALONG SAID EAST LINE 90'4011 W 10.38';
)EPARTING SAID EAST LINE, 14WI139' W 2.00:
NO'4821E SOS%
SOUTHWESTERLY 25.00' ALONG A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A
TO THE WEST LINE OF SAID PARCEL:
T LINE, Nr46'21'E 8.27' TO THE POINT OF BEGINNING, CONTAINING 0.018 ACRE
c\Pral\2014\340206\3 project dmIp\sumy \const, C Iw dwwlnpVepl descriptions and ed11NM \003.040-
IOVea)\tceW03A40 -10tce rL.dou
eL,;F
THE GNSIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLOT IS THE CALTRANS CALIFORNIA
DEPARTMENT OF TRANSPORTATION] -STATE HIGHWAY MAE OdawumenlNwn Map) ON FILE AS FILED MAP 41
BOOK], PAGES 047 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
P',\prq \20N \1e0M6 \3 proIea Uesyn \sumehmnVru ion dmw,npVeSM aesbiptbm am exhiEils\303 -0eD
101rerlMa\003O10lOKe r1.G0[a
oFg�nF9
sr
m
v o
ORIG!NAL
o, eaxF9
ORIGINAL
24TH STREET 182.6' AM
a
l
Omr,
A6•'a'
O
a �r:
m
LOT 10 LOT B LOT B LOT 91
LOT 6 LOT 6 LOT 4
i -
W
AP4, 003. 040.10
BLOCK
�484A AO•'�
m
X3.0
tq*
LOT 11 LOT 12 LOT 13 LOT 14 LOT 16 LOT 16 LOT 17
APN, 003.040.08
. BEARING BASE EASEMENTS
wr i r
* E 8p l o etL. _ 1
tG
'Cl
L PJC LL 1S _I'L II 1 a_ G3 vt(L(
iFN.SCOF'LPCK 5 .t' n
_ �: ]G p
P qt ',Y o5w C
1
tFaA CCV. icFVL NHS
= Lp -li 111ii ."
i O`rs
AREA DATA (AC)
CanrAm
S�t:
o, eaxF9
ORIGINAL