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Home My WebLink AboutRES NO 128-17RESOLUTION NO. 12 2- 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 interest in certain real property commonly known as 229 Chester Avenue and 136 Haybert Court, Bakersfield, CA 93304 (APN 011 - 111 -09 & 011 - 111 -37) 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: 0 11P F- U O 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 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 o``eAKF9 s f- U 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 properly 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 ardjea was passed and adopted, by the Council of the City of acersfield at a regular meeting thereof held on SEP 0 6 2017 by the following vote: ✓ ✓ ✓ ✓ ✓ AV COUNCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCIIMEMBER l ABSENT: COUNCILMEMBER N rlc,9- 04� CHRISTOMIER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP 0 6 2017 By KAREN GOH Mayor �0AKF9 O S-o � m ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By 1 ANDREW HEGL49D Deputy City Attorney o``0AKF9� � m U 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. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 6, 2017. CHRISTOP /GERRY o�`eAKe9s v o M:1rCUTTTN Exhibit 1 o�gAK�9.� s cU O ORIGINAL o��AKF9.r s > m I- U � ORIGINAL VIRGINIA TRACT ppq p6/ u -il J L- - -6 t Q Y /T cp O ; •3C M enI[MIM � � JI � �1 f1YlYF N Yi�Y o��AKF9.r s > m I- U � ORIGINAL Temporary (DnEirtiction E cement A four (4) year temporary, non- eKluslve construction easement over, on, under, in, across, along and through the areas more specifically described on the attached pages as the Temporary Construction Easement for construction or reconstruction of improvements. d+ � m r U O ORIGINAL EXINBIT'Al' LEGAL DESCRII "PION Caltrnas Parcel No. 87690-1 Amtuisilion: Temporary Const motion Eammeal APN'S: 011-111,37,011-111-09 Tint portion of land a described in Grad Deed recorded NovanOer 03, 2008 as Do mment No. 0208172635 Official Records of Kam County, located in Section 6, Township 30 South, Range 28 Bast, Mount Diablo fuse and Meridian, in the City of Balsossfield, County d' Kern, Siege of celiforom, more particularly described a follows: PARCELI Commaoclag at lle soulhwesl comer of Id 8 in Blori "D" as shown on the Virginia Tmui, fled in Book 3, page 70 of Maps, in the ofr,x of said C maty; Thancc along the southerly line ofsaid gut 8 South 8700'22" lad 124.03 feel to Ile Polar of licginning; Thence North 01°2759" Want 5o.02 fed to the northorly line of the South I2 of Lot It a described in said Grant Deal, herein a0u referred to as Polar W1 Thence along acid northedy line South 8961023" Boo 4.59 Poet to the wesrody line of Chester Avenre (50 hot halGwidth); Thanes along mid westerly lire South 00"3744" West 49.98 fast to avid southerly line of Lot 8; Theaee along void southerly line North 89°0022" West 2.72 feel to the Point of Beginning. Tlo show dasoribed parcel contains 182 square feet more or loss PARCEL 2 Beginning at the above described Poial'A'; Thane along aid nratlwrly line of Ile South IR of Iul 8 Sanh 89°0023' Peat 4.58 feel M mid wutaly line of Cheater Avame (50.00 foot half - width); Thence along acid westerly line North 00°37'44" hest 13.15 feel to Use beginning of a move, concave southwmtarly having radius of20 00 fed; a' 140PM10WASURyty tlE64Ma7690,876 1EahI61t TU., . paae 1 oft o``0pKF9 -e s > m r- U � ORIGINAL 'thence nMhaly and mrthwe.Medy along said curve and saki westerly line an ate length of 22.28 fat through a central mglo of 63°50'16" to ilia bcgimong of a 1um- tangmt wive, tentative muthvinederly laving a radius of 12.87 fed, R line radial in said beginning bears Nolh 33 °45'29 "Past; Theace.amlllomlody and somhMy along said curve an are lenglll of 12.30 fact through a control englc of 59 °19'32 "; Therese South 01°29'59" Lost 20.73 feet 10 the Pe1n1 of funning. Tho alma described parcel come ins 120 square feel mm or lass. The Dash, of Bearings for this survey aro band upon the North American Datum of 1983 (NAD83) of the California CondinNO Syrian of 1983 (CCS83), 7me V, 2009 00 Epoch. ']'his legal description in not intended fm use in die division, and/or conveyance of lad in violation of the subdivision map net of 0a Stale of California. Sec plot aewbed hereto as Exhibit "A2" and by this inference made port hereof. Pmpnm,l mulct (he direction of: i Sean M. SmOh Seen M. Smith, PLS No. 8233 Dare: No am / R: \eMC011 1101 \LMVfl'\lFby$\R)agp\R)69M1I Aa0ar TCC,6n Page 2«= o�eAK4 s F= m t- U O ORIGINAL Exhibit 2 o�gpKf9.� s � m ORIGINAL PAMCEL I lME 1 TALE ARFA u APN DTDW -t LT TCF 302 IF. u DTI- 111 - 09/011- 111 -37 LOUBTALOT I I LAZE I I --- - - -r ------------ 1118' Le wtza•sa'c 2aTe' NdITNERLY iEE oI L. .Wmvn ................... MAMEte.Y WE a I TIE SWM I/i -Te n APR 011- 1t1 -3T p/R mG N0. pim...N .A. PARC[L T S IARE"M S F. POINT v L °TT IATD— P.0.8. EM Y PARCEL 2 I L2 1� - DOC N0. 02081]2635 A%I: D11- 111 -26 I t REG NOV. 01 2008 OA. APR 011- 111 -09 _ 1 I6 A-ID2 S.F. WESTEIEY LIME-1 P.O.B. LOT 6 PARm I 90UIIERLT Lw 4 LOT e Sea 22 12.1 P.G.C. I (N89W16'W) L+ I (bi AI CUR, I l0T 8 I BL.00I LOT 9 vol 10 M LErEND ® O6TRM4 PARCg mm 0 20 b D umn of DmL m — EIO11M6 ■OIF DE WAY SCALE: 1'_b' - -- A DOm ISM OF 910' ---- REOM PR MIw LEES NIXES. — FAIFME M MEO ( ) MCA RECORD DATA PER (PRC) INBCOEa RNAE aMLE WC. W. D208172MB (R) MpfAlE9 NA1l WMIC REC. WV. 03, 2OOe O.R. P.O .B. POW OF IE WAMl P. C, PM w camuicam [ ] MRIMATS RECORD MTA PER VMCMA TRACT M.B 3/m MEs aM m11B MT ARE MED WM TIE 11DRn1 AMFIdGM DMM W 1161 O EASE511ENT FOR POLE LINES MD WQ MTAL PURPOSES (M00.M OF ME 1MEOMM 11 ST6TEM v 1961 W. 44 M IM O.R. (o3au). ME V. 2m " EIOOL CURLS TAE TAE DDOMCES SNOMN NEM1t THE Q1R9EI RAOU4 OEITA LENOM DOD DBTMM 0ROM Y6MMP8 M ff DEWED BY DROM6 M CI TO.Otl 6]'50'18' 2228' 06W w ME COMlYOMI F ft OF OMMMW6 C2 12.87 9.'N'3T' 12.30' PREPARED Sm. P S O M A S M1L 03-09 -1T REV.: M: e180 a .pm lis w: m�°�r ° D6TLKT COUMY ROUTE PDEMM B! SHEET M0. IDTAL S11[ETS (M) m w�wr� 08 MF781 Y ML 1 1 lK TAME lME 1 OMECMON IENOM u Mm'2e's9w s6oz' LT 58a'00'23i 4.86' u s9a3r+.w .s.ae' L. N89'm'22'W 2T2' L5 M00'371PE 1118' Le wtza•sa'c 2aTe' o``0pKf9.� s > m r v or ORIGINAL