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HomeMy WebLinkAboutRES NO 129-17RESOLUTION NO. 1 2 7 - 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 partial fee interest and a temporary construction easement interest in certain real property commonly known as 300 S. Garnsey Avenue, Bakersfield, CA 93309 (APN 149 - 232 -01) and more particularly described and depicted in Exhlblts "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: ok%bNK4� s r U O 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 owners) 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 0 5AK, 9q � m (J O ORIGINAL Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. More Necessary Publlc 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 R,esolutio Ordinancrwos passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 0 6 7017 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ (P ES RNERA . GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER ES: COUNCILMEMBER UtMo ABSTAIN: COUNCIIMEMBER WBm ABSENT: COUNCIIMEMBER Khe . CHRISTOP ER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Rnkarcfialol APPROVED: SEP 0 6 7017 BY KAREN GOH Mayor OIepxF9.c s F- U O ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By LLO - ANDREW HEGLUUb Deputy City Attorney 9PKF pF 9'r'.o > m r r U � 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 ER GERRY o`10AKk9q U O ORIGINAL Exhibit 1 o``8AKF9� T F- U O ORIGINAL 1..23 5V2oF.rovw0FNEw0F3EC2 7305R27E.oex m. 1-51 T 1 N I QQrr � I I I I -� ij cola E:J u ©luo M.•23 g 1 1 L r� J v ASSUMM YAP NLM JD OFeAKF9.� s � m � o ORIGINAL EXRIBIT'Al' LEGAL DESCRIPTION Caltraos Parcel No. 87664 -1 Acquisition: Fee APN 149 - 232 -01 That portion of land as described in Corporation Grant Dated recorded June 06, 2012 as Document No. 000212076424, Official Records of Kam County, located southwest quarter of ate of the northwest quarter of the northeast quarter of Section 2, Township 30 South, Range 27 Past, Mount Diablo Base and Meridian, in the Unincorporated Territory of Kem County, State of California, mom particularly described m follows: Commencing at the centerline intersection of South Gamsey Avenue with Elcia Drive as shown on Tract No. 1938, filed in Book 9, pages 115 and 116, of Maps, Records of said County; Thence along said centerline of South Gamsey Avenue North 00°34'46" Fast 333.45 fat; Thence South 89'25'141' East 30.00 fact to the easterly line of said South Grammy Avenue (30.00 foot half- width) as shown on said Tract, also being the northerly line of said land and the Point of Beginning; Thence along said northerly line South 88 "55' 12" Past 22.32 feel to the beginning of a non - tangent curve, concave northwesterly having a radius of 50.00 fact, a line radial to said beginning beam South 39°23'41" East; Thence southeasterly along said cure an arc length of 10.76 feet, though a central angle of 12 °19'28" to the beginning of a reverse curve, concave southeasterly having a radius of25.00 feet, a line radial to said beginning bears North 27-04'13" Wes:, Thence southwesterly and southerly along said curve an am length of 27.08 feat, through a conlrai angle of 62°03'21 "to said easterly line of South Gammy Avenue; Thence along said easterly line North 00434'46" Past 28.19 feet to the Point of Beginning T'he above described parcel contains 196 square feet more or less. The Basis of Beatings for this survey am bestial upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1953 (CCS83), Tune V, 2004.00 Epoch. R {40PC010101 \"VEyVMALVAM u)(iH -1 Edaal[A EEE.dna Page 1 oft oq$P.K,C;q t m J ORIGINAL This legal description is not intended for use in die division mid or conveyance of land in violation of the subdivision map act of the State of Califomia. See plat attached hereto to Ezhibil'AY and by this reference mode a pmt hcrcof. Prepared under the direction of: Sean M. Smith J 'k No 8233 Sean M. Smith, PLS No. 8233 Date: F P:\ mM)10101\SnaVMlXGAL"7GW\E)661 -1 ExMb tAl rEEdocz Page 2 of ] �gAK�e9 r U O ORIGINAL 5_: iBY4 PA16E1 f I TIRE AREA 1 APN 67661 -1 rm 196 SE. U 149- 2]Y -01 20.19' LOT LOT 11 I L II -mPC1 B APN. E-- h159 I 11 i 04 I < MB LOT I i P. rp9sxat 9Ij15'-��61 L2 ; eAB• Il 4 ICU CURIE TABLE Lv M_77M'IS� NtltOMY UE (P6C) CJCE� RAgUB DELTA LQIOTN 1 APN: 14► -47401 OOa No OOOYImalmZ4 n Saar 1r1B2a• 1a7e' AM AM. M. =2 Q6 C2 aam• 62'aT2t• 27.06' i� r UNE i!33 LINE TABLE APN: 119-234 -06 LINE / DIRECTION LFNOrH vv) I DB) SURD u smv'14'E xim' 3�W141 U go. $g R.S.33r i LEGEND ® CEIR96 PMCEL RUNNER IIM a O 1 P.O.C. NT. 5g1TIi ASE, EL - ECIRNG MN1 OF wY IM aXV MIN ElAA OL * -- - _— _ -- - -- --- AN00® MM OF tm' - - -- lom PW W LINES BMW AS Non (PRC) Mom INOM CURVE (R) mcma ONM4 MAN P.O.S. PONE 6 M NNC P.O.C. Pam OF CCNNC]9Nf NOTES OEM a M.NBMa RN 1N6 SAM AIR BOW VN THE NOTES, ""' MMCATES AMUREKS Now( [NATION OF 1961 RpNi4 OE ACCESS. 661)AWERIYN ( ) DATA COC�WL SYMEW (' �[ V, mm TRACT W. 1938 M.B. 9/111 -119 1NE 06p m SHOWN HBABII ONE m ®OIICES. law ONEAABk3 SCALE:- 1.�m, MB S OWMEn M WAM W own= BY M CORROSION FACES OF OBODUM PRUVM W. P S O M A S mm O1-a1-17 REV.: PM: EA: 1M4m =9 �j J OMIMCf COINIIY ROUIE PNAMIm BY sERFT Na TfIEK 81EE18 NE•M 06 KERN S6 00 t 1 o``0AKF9� T � m U O ORIGINAL 56655'12•E 22]2' U Nm7i16•E 20.19' o``0AKF9� T � m U O ORIGINAL Exhibit 2 o gpK499 m � m U O ORIGINAL Temoorary Construction Easement A four (4) year temporary, rwn- eadusive 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! mprovements including, without limitation, concrete curb, gutters and sidewalk. o�0AK4 s U O ORIGINAL �>z���r311tvvt LEGAL DPSCRrMON Caltrans Parcel No. 87664-2 Acquisition: Temporary Cnuatruction Rnaemest APN 149. 232 -01 That portion of land as described in Corporation Uam Deed recorded June 06, 2012 as Document No. 000212076424, Official Records of Kern County, located southwest quarter of the of the northwest quarter of the northeast quarter of Section 2, Township 30 South, Range 27 Past, Mount Diablo Base and Meridian, in the Unincorporated Territory of Kern County, State of California, mom particulmly described as follows: Commencing at the centerline intersection of Stith Garrmey Avenue with floe Drive as shown on Tact No. 1938, filed in Book 9, pages 115 and 116, of Maps, Records of mid County; Thence along said centerline of South Gamsey Avenue North 00°34'46" East 333.45 feel; Thence South 39'25'14" East 30.00 feet to the easterly line of said South Germany Avenue (30.00 Toot half- width) as shown on said Tram, also being the northerly line of said land; Thence along said northerly line South 99055'12" Fast 22.32 fat to the beginning of a non - tangent curve, comes" northweateily having a radius of 50.00 feet, also being fife Point of Beginning, a line radial to said beginning bears South 39°23'41" East; Thence southeasterly along said curve an rate length of 10.76 feet through a cemnl angle of 12° 19'29" to the beginning of a reverse curve, wceave southeasterly having a radius of 25.00 feel, a litre radial to mid beginning bars North 27°04' 13" West; Thence southwesterly and southerly along mid curve an arc length of 27.09 feel, through a "null angle of 62 °03'21 "to said easterly line of South Garnsey Avenue; Thence along mid easterly We South 00°34'46' West 14.51 feet; Thence South 89°2349" East 4.56 fact; Thence North 0076'11" Past 16.43 feet to the beginning of a curve, concave southeasterly having a radius of 20.00 feel; R\ aOPCOSOl01W1RVEVµEfMIS \aMaO \6)aW3 Ecubit AlT .docs page l Oft 1<gAKF9 u o ORIGINAL Thence northerly and northeasterly along said curve an am length of 21.60 foot through a central angle of 61 °53'03" w the beginning of a revert curve, concave rrorthxsRerly having a radius of 53.00 feel, a line radial w said begioning bears South 27°30'95" East; Thence northeasterly along said curve an em length of 1438 feet, through a central angle of 15 %2'52" w said northerly line of said land; Thence along said northerly Imo North 88 055'12" Wes[ 4AS feet to the Point of Beginning. The shove described parcels contain 197 square fact more or less. The Basis of Bearings for this survey ate bead upon the North Acoerwan Durum of 1983 (NAD83) of the Califomia Coordinate systa n of 1983 (CCS83), Zane V. 2004.00 Epoch. This legal description is not intended far me in the division and a conveyance of lard in violation of the subdivision coup not of the Stott of Califania. See plat attached hereto ns Exhibil'A2' and by this mlevence made a pen hereof. Prepared undo the direction of: y Sean M.sn th � W 8238 r�l�{ Sean M. Smith, PLS Na. 8233 oI eAKF9� F- m U O ORIGINAL uNE TAIOIE LNE / dRECWW! LENORI U 589.2SWE 30.00• L2 M*W12'E 2232' L3 500'34'46'W 14.51' L4 SSS2849'E 4.58' LS N00'3011'E 16.Q' LB N8855'12"W 4.45' LOTS SRAC1 NO99 11 16 Mg'9' 'Y I ¢I LOTS i u, 1 I TABLE CURL£/ =-T DELTA LENOT. C1 30.00' 1219'28' 10.16' C1 25.00• 62'03.21' 27.08' C3 20.00• 6153.03^ 21.60• C4 fil.00' ls'sz'S2" 14.J8' I� '�TAJg LOT 11 I j NEW R/W �1 APM 141- 320 -04 f LOT 12 P.O.& 115'116 Mg.9� f NORT ERL USE AM: 141 -232 -M DOC Na 000212020424 REG J 06, 2012 OA Aft. 149- 232 -OB Ig R. ASP 1 i ti SCALE: 1'60• o gpKF9lp T U O ORIGINAL s P.O.C. � LEGEND r) wSm PARCEL ww m = LUIS OF DESmWIWN INT. SDUTH DMNSEY7 J ^ ELCK � - EffiN:C Wit a WAY AVE• WITH ELCIA DR - ABNBOMD Rw V MMY -- RECORD POVERTY LKS — 64SO M M M(IED H2iDA1iW -_ IC) NGG16 REVERSE CURIE Tfic NDICAIES RACIAL amm i i4 POOR V BEC MIT. Lt . L2 It POST V COUMDXOM I Y, A Gti C NOTES 8456 V MAROI65 FOR THIS V ARE S IM I THE 1 1Y .1 V (% W NMSB D" OF I= � � � ✓� YOF THE UUFDRU I OE MIEN OF 1NR �� L4 53)' mw V• Z 00 m0C11. i+.v4 INDMATES ABUTTER'S 0.MA SIMM HDM ARE R10Hi5 OF ACCESS. DSPR OROUM OVANCES ' BE WMED BY OWING GRID ( ) NDMATES RECORD DATA H AM BY Tm COM KTON TRACT No. 1938 '* OF 098➢98A08. M.B. S/115 -116 PARED B S O M A S I DATE DI -93 -12 1 i ti SCALE: 1'60• o gpKF9lp T U O ORIGINAL