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HomeMy WebLinkAboutRES NO 131-17RESOLUTION NO. 1 3 1 - 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 Califomia 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 ( "Coltrans "), 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 partial fee and temporary construction easement interests in certain real property commonly known as 720 Wible Road, Bakersfield, CA 93304 (APN 147 -112- 07) 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: o�epKf T s � m 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 I 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 s � o�gAxF9 � m 3 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 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 GFdinenee was passed and adopted, by th C%y i of the City of Bakersfield at a regular meeting thereof held onEP U o hi]? by the following vote: ✓ ✓ ✓ ✓ ✓ AYES: COUNCIIMEMBER RIVERA , GONZ LA ES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIIMEMBER NO ABSTAIN: COUNCIIMEMBER cy ABSENT: COUNCIIMEMBER Not\P— CHRI�GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of APPROVED: SEP 0 61017 Bakersfield By KAREN GOH Mayor FeAK, 9q o T � m V O ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ANDREW HE UND Deputy City Attorney o�gAKF9.� s Rm 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 b, 2017. CHRISTOPHIN GERRY o``8AKF9� T � m U O ORIGINAL Exhibit 1 �gPKF9 > m U � ORIGINAL TRACT 1562 & NV? OF 4 W OF SWK (* "UMM an.56 ?7 14741 OF SEC I T 30 S R. 27 E. I RY ms ® ® ® 6 YI ♦ I © l r r RN. Me PY IOII PY rye ®R r h roeo I t III I I ! R l O, SP Oroar% ♦I♦ FIkO' JuM 20,1950 AfBEBtONB MM NO 147 - !1 oF0AKF9 mT � m U O ORIGINAL [B,QiI #�YI�I� LEGAL DESCRIPTION Caltram Parch No. 87720 -1 Acquisition: Fee APN 147 - 112.07 That portion of Lot 4 as shown on Trect No. 1562, filed in Book 7, page 101 of Maps, Records of Kenn County, located in Section 1, Township 30 South, Range 27 East, Mount Diablo Rase end Meridian, in the Unincorporated Territory of Kern County, Slate of California, more particularly described as follows: Commencing n the centerline intersection of Wible Road with Belle Terrace, m shown on mid Tract; Thence along mid centerline of W ibic Road North 0076'43" Past 150.00 feet; Thence South 89°23'17" Fast 55.00 feel to the easterly line of Wible Koad m described in Resolution of Acceptance recorded August 24, 1959, filed in Book 3182, page 447, Official Records of aid County, also buing the northerly line of mid Lot 4 and the Point or Beginning; Thence along said northerly line South 89°2171 " End 2.04 fell to the beginning of a ours-tangent curve concave easterly having a radius of 1250.93 feet, a lino radial to said beginning been North 85122150" West; Thence southerly along said curve an am length of 36.96 feet, through a central angle of 01 °41134" to said eatcterly line of Wible Road; Then" along said easterly line North 0076'43" East 36.90 feet to the Point or Beginning; The above described parcel contains 34 square feet mom or less. The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone V, 2004.00 Epoch. a:NOK010W A5UAWYMAL"7)]097I10-1 Edabn A -1 Panbr.doct page I of 2 4e AKE9 o sT � m U � ORIGINAL "is legal description is not intended for use in the division and or conveyance of land in violation of the subdivision map act of the Stele of Celifomia. See plat attached hereto as Exhibit 'AT and by this reference made a pan hereof. Prepared under the direction of 2 Sean M. Smhh y�y /17 "14,, Sego M. SmW PLS No. 6233 Item a: \eoeWlolm WlavfyyEGAlaµnmµlnai tmba as hmel.m . Pap 2 da o�$NK, 9q s v o ORIGINAL Volt yV Vol 3 oz W P.UZ -� 6 Pm N 159 °0 4 ( ,nI APN: 147- 117 -07 � g I F yy- RFSQUpON Q ACCEPT I M=T 34.1939 OR. N.T.S. NORTHERLY UM LOT 4 PAIL WE OETA � HEREON LEGEND _ - _ Rn i Volt yV Vol 3 oz W P.UZ -� 6 Pm N 159 °0 4 ( ,nI APN: 147- 117 -07 YFRX'AR pIUY Q 1961 LIE V. Of W f/I 19 19 61 OE E S7 70N: V, N04.OD FfOC11 'NICE SION1 HDM M VM= omm MRNIC OKAMW IN OMOM ON 5 w THE 091BNTOR X 0.9999940L m W. O M A S HOIES: ( WW M RECOA MTA A9 S1gA1 W I M. 159], w 7/101 I I I I 15 I vol I � i H 0' 20' 4D' scuE: I.mw' o�gAK�9.n s U O ORIGINAL (3W) I (7D RFSQUpON Q ACCEPT ETAI� M=T 34.1939 OR. N.T.S. 41 LEGEND _ - _ Rn Dams aP D95aaImR Fx51WC R9M K WY -- -78.CM RmHf a WV 1 - - -- PROPFRIY 19E$ RECORD — cLSElRIIr As xDlm _ (RDD) WO m N1DM OEM" P.O.C. RFI I F TEFRACE P.0.8. mw a WAR" MT. MME ROAD I P.O.L. MW a COYNFIcow SE c TERRACE YFRX'AR pIUY Q 1961 LIE V. Of W f/I 19 19 61 OE E S7 70N: V, N04.OD FfOC11 'NICE SION1 HDM M VM= omm MRNIC OKAMW IN OMOM ON 5 w THE 091BNTOR X 0.9999940L m W. O M A S HOIES: ( WW M RECOA MTA A9 S1gA1 W I M. 159], w 7/101 I I I I 15 I vol I � i H 0' 20' 4D' scuE: I.mw' o�gAK�9.n s U O ORIGINAL Exhibit 2 o``gpKF9T s I Fm ORIGINAL Temporary Construction Easement A four (4) year temporary, non-exclusive construction easement over, on, under, in, across, along and through the areas more specffirolly described on the attached pages as the Temporary Construction Easement, for construction or reconstruction of improvements along the new right -of -way, including without limitation sidewalk, curb, gutter, driveway approach and paving improvements; and, the northerly portion of the TCE parcel will be utilized to install an anchor for a temporary utility pole. o``0AKF9� T r u o ORIGINAL '-` =_r LEGAL DESCRIPTION Caliram Parcel No, 87720 -2 Acquisition: TCE APN 147 -112-07 That portion of Lot 4 as shown on Tract No. 1562, filed in Book 7, page 101 of Maps, Retards of Kem County, located in Section I, Township 30 South, Range 27 Bast, Mount Diablo Demand Meridian, in the 13nincarpomted Temmey of Kem County, Stale of California, meue particularly described as follows: Commenting at die centerline intersection of Wrbe Road with Belk Temee,"shown on said Tract; Thence along said centerline of Wible Road North 00 036'43" Last 150.00 feet; Thence South 89°23'17" Bast 55.00 fat to the easterly line of Wible Road as described in Resolution of Acceptmeo recorded August 24, 1959, Bled in Book 3182, page 447, Oflcisl Records of mid County, also being the northerly line of mid f.m 4; Theme along said northerly line South 89°21'31" East 2.04 feet to the beginning of a non- langat curve concave easterly having a radius of 1250.93 fast and die Point of Beginning, a lire radial to mid beginning hears Nash 85 °22'50" West; Thence southerly along said curve an are length of 36.96 fat, through a central angle of 01041'34" to mid easterly line of Wibe Road; Tbence along mid easterly line of W ilele Road and the northerly line of Belle Term" as described in mid Resolution of Acceptance the fallowing three (3) courses; 1. South 00 °36'43" West 50.13 feet to the beginning of a curve ooncave northeasterly having a radius of 20.00 fat. 2. Southerly, southeasterly, and easterly along mid curve an arc length of 31 Al feet, through a central angle of 89°58.11'; 3. South 89°2129" End 95.75 feet [nibs easterly line of mid Lot 4; Thence along mid easterly fine North (10°41'44" Past 12.17 fay Thence North 892129" Wast 81.60 feast; Theme South 71'3749" Wed 13.86 feet to the beginning oft curve concave northeasterly having a radius of 11.00 fad; R:\ 40aralmm\SUWFVuFf.NS \8772MnNl.x'WI 43 THE % Page 3d2 o``0ASF9d' r. m u o ORIGINAL Thence westerly, northwesterly, and northerly along said move an am length of 20.91 feet, through e wmml angle of 108 °54'34" an the beginning of a compound curve concave easterly, having a radius of 1243.43 (cot, a line rodisI ton id beginning bears Nonh 99'27'3T' Went; Thence nerd erly along said curve an am length of 22.36 feet, through a control angle of 01°01'50 Thence North 35 °40'18" East 14.77 feet; Thence North 03 °3718' Eas151.60 feel; Thence South 99°2171 "East 42.23 feel; Thence North 00°3643" Post 3.00 fact to said northerly line of Lot 4; Then. along mid northerly line North 99 °2171 ^ Wert 57 V, feel In the Point of BeBlnning. no above described parcel contains 2,555 square feet more or lees. The Basis of Bearings for this survey an band upon the North American Datum of 1993 (NAD83) of the California Coordinate System of 1983 (CCS831 Zone V, 2004.00 Epoch this legal description is not intended for um in the division and or conveyance of Land in violation of the subdivision map w of the State ofCelifomis. See plat attached hereto as Exhibit 'A2'and by this reference made a pan hereof Prepared under the direction of � Sean M. Stnith °o b * No.0233 Sam M. Smith, PLS No. 8233 Uric: -- PW 2 nt2 aloes D1Q10A mvfvµs0aisUU2MBn2oz t.haat a -a WF dors o``0AKf9.,. s r � O ORIGINAL LIE TABLE Le[ / OStE011I1 ILDIM L1 SOWM'43'W SOU• L2 S5021'29'E 95.75' L, M00Y1WE 12.17 L4 M59z72rW Suss' L, 57177'w'W law L5 Ma7'w'1rE 14.77 L7 NG= *IrE ai.w' LS 569R1'31'E 4237 w 1100',5•Ii a00' u9 Mere1',1'w az9e' � I ¢ R SOS a Lot a tAS A I I AM 147- 112 -07 I V SE5aLUMN Of ACCPTAMOE I I L 31st Fc. M7 I (!� AUQW 2. 1959 D.a° I on 4, c L. E5O =5110 MW O/ V W ASmom SOME or ur --B @tlp gp►BBT LOSS L�—]EA9DW a IO/IED _ ��p�� �_ 1110M Campo" CWK D1 501000 WAK SEAIID I �.C. �1E TERRACE — Ua PoIf OF BBOSSSIO W. TASTE I" • f DEUE TERRACE sm a SOwfm f5R 1x5 6Y ME BATED IIPOI ilE CRYE TABLE ly M A90EW1 Wood OF 1167 LYI Oi Ism Clifiew OWM RMI115 OLLTA UMDIM OF 1283 M 2M[ V. 10100 EPOCI . Ct 1350.0.7 04.41',4' ]5.95' wan OMDICO C2 30.00' 5995'11' 3I.N' Sams. 1'.Lr SE O1I7EDD W DAIOW LID C, 11.00' 10574',4' 30.91' HIMM, COIagW ( ) IICWn RIM OATH a a 6 69010105. G 129,.43• 01717r 2335' sm ON TAACf I 1909. PNM OC IAt T 1 101 S Q 19 A S DAZE; hls-17 _.. REV.: R1A 2&13 M 459m s U O ORIGINAL La P.O.& }I a PER } E5O =5110 MW O/ V W ASmom SOME or ur --B @tlp gp►BBT LOSS L�—]EA9DW a IO/IED _ ��p�� �_ 1110M Campo" CWK D1 501000 WAK SEAIID I �.C. �1E TERRACE — Ua PoIf OF BBOSSSIO W. TASTE I" • f DEUE TERRACE sm a SOwfm f5R 1x5 6Y ME BATED IIPOI ilE CRYE TABLE ly M A90EW1 Wood OF 1167 LYI Oi Ism Clifiew OWM RMI115 OLLTA UMDIM OF 1283 M 2M[ V. 10100 EPOCI . Ct 1350.0.7 04.41',4' ]5.95' wan OMDICO C2 30.00' 5995'11' 3I.N' Sams. 1'.Lr SE O1I7EDD W DAIOW LID C, 11.00' 10574',4' 30.91' HIMM, COIagW ( ) IICWn RIM OATH a a 6 69010105. G 129,.43• 01717r 2335' sm ON TAACf I 1909. PNM OC IAt T 1 101 S Q 19 A S DAZE; hls-17 _.. REV.: R1A 2&13 M 459m s U O ORIGINAL s U O ORIGINAL