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Home My WebLink AboutRES NO 132-17RESOLUTION NO. 132 - 1 7 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 24 +h 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 right of way interest and a temporary construction easement interest in that certain real property commonly known as 1401 23rd Street, Bakersfield, Kern County, California [APN 005- 411 -091, and more particularly described and depicted in Exhibit "1" 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: s m v 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 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 Exhibit 1 hereto is the legal description 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 exist in the future, counsel for City is authorized to acquire the oF0pKF9'P -� > m U � ORIGINAL 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 qesolutio Qf4i RCS was passed and adopted, by thJ CO 6 2017 of the City of Bakersfield at a regular meeting thereof held on by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ YES > COUNCILMEMBER RIVERA. GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER N ES: COUNCILMEMBER ndy-Q. ABSTAIN: COUNCILMEMBER ABSENT'. COUNCILMEMBER h 'n✓ n `JV l CHRISTOP14ER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP 0 6 1011 By A�46JU KAREN GCFF Mayor o``gAkF9u' T v 0 ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By AANDRiW��HE UND ty A orney �eAKF9 o sr > m 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. CHRISTOPHOIR GERRY oF�pK�9.n s U O ORIGINAL EXHIBIT I �gAKF9 o s �' fn F- U O ORIGINAL EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT PORTION OF LOT 10, BLOCK 166 "MAP OF THE CITY OF BAKERSFIELD" BAKERSFIELD, KERN COUNTY, CA (APN 005- 411 -09) THAT CERTAIN REAL PROPERTY BEING A PORTION OF LOT 101N BLOCK 166, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE MAP RECORDED NOVEMBER 25, 1896 IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TEMPORARY CONSTRUCTION EASEMENT: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE REFERENCED LOT 10, BLOCK 166; THENCE; ALONG THE NORTH LINE OF SAID LOT 10, $89°10'01 "E 35.23' (RECORD BEARING S90 °00'00 "E); THENCE, DEPARTING SAID NORTH LINE, S00 °49'29`W, 10.00'; THENCE, N89- 10.01 -W 35.23' TO THE WEST LINE OF SAID LOT 10; THENCE, N00 °49'29 °E, 10.00' TO THE POINT OF BEGINNING, CONTAINING 352 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' (Monumentetion Map) ON FILE AS FILED MAP 7 -1 BOOK 2, PAGES 65-67 WITH THE KERN COUNTY SURVEYOR'S OFFICE. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. g: \proA2014 \140206 \3 project design \survey \construction drawings \legal descriptions and exhibits \005-411- 09 \005- 431- 09tce.doa o�gAKF9s U O ORIGINAL BEARING BASE 23RD STREET THE BASIS OF BEARING FOR THIS LEGAL (82.6' R /W) DESCRIPTION AND PLAT IS THE TITLE REPORT NOT PROVIDED FOR THIS POINT OF PARCEL. VESTING DEED ONLY. TRANSPORTATION) STATE HIGHWAY MAP'(MOnumentation Map) ON FILE AS BEGNINNING DATA FILED MAP 7 -1 BOOK 2, PAGES 65 -67 PARCEL OF TCE 42,5603 SQ FT 35.23 S89' 1D' 01 "E 86.77 ICE 3523 SO FT NO' 49' 29 "E 10.00 - j SO' 49' 29 "W 1000 SCALE: 1 ° =50' — -- AM 006 - 411 -03 _1_ "W Nag. 10' 01 35.23 �. ------ - - - - -- BL CK 168 APN� 006 - 411 -09 ,... ------ - - - - -- - - -- q N \ Z; � 0 III! -- � N io z N co t �;� > ... m W G- -- -- - - - - -- W — _--- - -_ - -- — R W J CA _ < co vAPN 006- 411 -02 a — — — — — — — - - -- Y ---- - - - -SQ 49, 29„ SO' 49' 29 "W 0.75 N89' 10' 01 "W 122.00 075 3 -- e N f N APNT 006- 411 -OS d � N d N � N N89' 09' 38 'W 122.00 22ND STREET (82.6' R /W) BEARING BASE TEMPORARY CONSTRUCTION O PORTION OF 10, BLOCK EASEMENT BIT B ) Camon APN 005 - 411 -09 9nKER5FlEID, Cn I m F= U O ORIGINAL EASEMENTS THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE TITLE REPORT NOT PROVIDED FOR THIS CALTRANS (CALIFORNIA DEPARTMENT OF PARCEL. VESTING DEED ONLY. TRANSPORTATION) STATE HIGHWAY MAP'(MOnumentation Map) ON FILE AS AREA DATA FILED MAP 7 -1 BOOK 2, PAGES 65 -67 PARCEL GROSS 42,5603 SQ FT WITH THE KERN COUNTY SURVEYORS ICE 3523 SO FT OFFICE TEMPORARY CONSTRUCTION O PORTION OF 10, BLOCK EASEMENT BIT B ) Camon APN 005 - 411 -09 9nKER5FlEID, Cn I m F= U O ORIGINAL