HomeMy WebLinkAboutRES NO 133-17RESOLUTION NO. 133-- 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 24 +h 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 2323 Elm Street, Bakersfield, Kern County,
California [APN 003 - 021 -01], 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:
o4gAKF9
T
m
J 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 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.
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
Z
81 gAKF9
s
m
� o
ORIGINAL
exist in the future, counsel for City is authorized to acquire the
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.
HEREBY CERTIFY that the foregoing 2J_esolutio Ora,...,.,. was passed
and adopted, by the Council of the City of Bakersfield at a regular meeting
thereof held on SEP 0 6 2617 by the following vote:
✓ ✓ ✓ ✓
AV COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SU LL IVAN, PARL R
NOES: COUNCILMEMBER tNOr4,
ABSTAIN: COUNCILMEMBER laa�
ABSENT. COUNCILMEMBER
r
CHRISTOPHER GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of Bakersfield
APPROVED: SEP 6 6 2617
By
KAREN G H
0 0NK4
J'
v 0
ORIGINAL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW HEGL
Deputy City Attorn
s
I m
F-
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 b,
2017.
CHRISTOP R GERRY
o``0AKF9�
T
ti m
U O
ORIGINAL
EXHIBIT 1
o``8pKF9�
T
� m
U O
ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
FOR RIGHT OF WAYACQUISITION
PORTION OF LOTS 1 and 20, BLOCK 463 -A
"MAP OF THE CITY OF BAKERSFIELD"
BAKERSFIELD, KERN COUNTY, CA
(APN 003 - 021 -01)
THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL CONVEYED IN THE DEED FILED
DECEMBER 26, 2003 AS DOCUMENT NUMBER 0203277612, KERN COUNTY OFFICIAL RECORDS, DESCRIBED
AS
ALL THAT PORTION OF LOTS 1, 17, 18, 19 AND 201N BLOCK463 -A AND OF THAT CERTAIN VACATED
ALLEY 20 FEET WIDE LYING BETWEEN THE SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID
LOTS 17, 18, 19 AND 20 AND PART OF THE NORTH HALF OF 23RD STREET, VACATED ADJOINING SAID
LOTS 17, 18, 19 AND 20 ON THE SOUTH, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP RECORDED APRIL 19,1904 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PROLONGED EAST LINE OF
BLOCKS 463 -A AND 463 -D OF SAID CITY AS SHOWN ON SAID MAP, DISTANT NORTH 322.04 FEET FROM
THE SOUTHEAST CORNER OF SAID BLOCK 463 -D', THENCE NORTH 90 DEGREES 00' WEST PARALLEL
WITH THE SOUTH LINE OF SAID BLOCK 463-D, A DISTANCE OF 122.06 FEET; THENCE NORTH 33
DEGREES 25'00" EAST, 22163 FEET TO A POINT ON THE EAST LINE OF LOT i IN BLOCK 463 -A; THENCE
SOUTH ALONG SAID EAST LINE OF BLOCK 463 -A AND ITS SOUTHERLY PROLONGATION, 185.00 FEET
TO THE POINT OF BEGINNING.
PARCEL 1 — RIGHT OF WAY ACQUISITION:
BEGINNING AT THE NORTHERNMOST CORNER OF THE ABOVE DESCRIBED PARCEL, SAID POINT LYING ON
THE WEST RIGHT OF WAY LINE OF ELM STREET',
THENCE, ALONG THE EAST LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY LINE OF ELM STREET,
$0.52'51"W 75.84' (RECORD BEARING SOT(ZtOO "E) TO THE BEGINNING OF A NON - TANGENT CURVE;
THENCE; DEPARTING SAID EAST LINE, NORTHWESTERLY 3.06' ALONG THE ARC OF A NON - TANGENT CURVE
CONCAVE SOUTHWESTERLY (RADIUS POINT BEARS S44 °32'40 -W) WITH A RADIUS OF 30.00' AND A CENTRAL
ANGLE OF 5 °50'31° TO A POINT OF REVERSE CURVATURE,
THENCE, NORTHWESTERLY 38.82' ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS
OF 47.00' AND A CENTRAL ANGLE OF 4719'17;
THENCE, NON - TANGENT TO THE PREVIOUS CURVE, S86- 01'26 "W 5.00' TO THE BEGINNING OF A NON -
TANGENT CURVE;
THENCE NORTHERLY 2.50' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE EASTERLY (RADIUS
BEARS N86 °01'26 "E) WITH A RADIUS OF 52.00' AND A CENTRAL ANGLE OF 2 °45'12° TO THE NORTHWESTERLY
LINE OF THE ABOVE DESCRIBED PARCEL;
THENCE, ALONG SAID NORTHWESTERLY LINE NON - TANGENT TO THE PREVIOUS CURVE N34 °16'24 "E 46.26'
TO THE POINT OF BEGINNING, CONTAINING 0.024 ACRE MORE OR LESS,
g:\proj \2014 \140206 \3 project des ign \survey \construction drawings \legal descriptions and exhibits \003- 021 -01 \003
021 -01 pa.docx
AgPKF9
o 'fT
> m
v o
ORIGINAL
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA
DEPARTMENT OF TRANSPORTATION) "STATE HIGHWAY MAP" (Monumentation 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: \pro) \2014 \140206 \3 project design\survey \construction drawings \legal descriptions and exhibits \003- 021- 01 \003-
021 -01 pa.docx
o``OpKF9m
F m
U p
ORIGINAL
w rORIGHT OF WAY
CQUISI ION
O C
SEE ETA IL "AN v
ti O~
_ v
SCALE:
i " =50' a
O
.4rry
o
1A
a
o
a
co
W
OI
O �, O I5a°'
E
W
V
II
I O o
v
i
a
��90
Ilb
W
Ap 0,
3- 0 1 -01
N89' 10' 00 "W 12209 `
I
€I BEARING BASE
iTHE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
T AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) STATE HIGHWAY MAP'
(Monumentatlon Map) ON FILE AS FILED MAP 7 -1 BOO
2. PAGES 65 -67 WITH THE KERN COUNTY SURVEYORS
e OFFICE
EASEMENTS
5 NO EASEMENTS EXIST ACROSS SUBJECT PARCEL PER
PRELIMINARY TITLE REPORT FROM COMMONWEALTH
LAND TITLE COMPANY, FILE NO. 08021647, DATED
FEBRUARY 24, 2015.
'EXI IBI B'
POINT OF BEGINNING
OF RIGHT OF
WAY ACQUISITION
�O
L
APNI
Q
ip
3 QI
W
o S
F
N
W
L =106. R =3000
A= 5'50'31"
DETAIL "A' SCALE:
AREA DATA (AC)
PARCEL GROSS 02593 AC
RIGHT OF WAY ACQUISITION 0.0243 AC
'Y__ PORTION Of LO15 k 20, BLOCK 463A
n MAF' pF CIIT OF pAl(ERSFIELD. APN 00.} -021 01
BN(EnSfIELOT, CP
ue.mv.uo.v van »�w •' T I'^, Iy
o``gpKF9�
T
� m
U O
ORIGINAL
BEARING BASE
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) STATE HIGHWAY MAP'
(MOnumentallon Map) ON FILE AS FILED MAP 7-1 800
2, PAGES 65 -67 WITH THE KERN COUNTY SURVEYORS
OFFICE
EASEMENTS
NO EASEMENTS EXIST ACROSS SUBJECT PARCEL PER
PRELIMINARY TIME REPORT FROM COMMONWEALTH
LAND TIME COMPANY, FILE NO 08021647, DATED
FEBRUARY 24, 2015.
a
• cannon
uei.w.nn rsse rurnrum
AREA DATA (AC)
PARCEL GROSS 0.259± AC
RIGHT OF WAY ACQUISITION 0.0243 AC
PORTION OF LOTS I & 20. BLOCK 463A
MAP OF GTY OF SAKERSHELD, APN: 003 - 021 -01
BnKf RS %ELn, C
P
ry —Txttttu ev -wnv Bunn
o�eAK�9a'
a T
� m
U p
ORIGINAL
EXHIBIT 2
o``0AKF9�
T
� m
U p
ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
PORTION OF LOTS 1 and 20, BLOCK 463 -A
"MAP OF THE CITY OF BAKERSFIELD,
BAKERSFIELD, KERN COUNTY, CA
(APN 003 - 021 -01)
THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL CONVEYED IN THE DEED FILED
DECEMBER 26, 2003 AS DOCUMENT NUMBER 0203277612, KERN COUNTY OFFICIAL RECORDS, DESCRIBED
AS:
ALL THAT PORTION OF LOTS 1, 17, 18, 19 AND 201N BLOCK 463 -AAND OF THAT CERTAIN VACATED
ALLEY 20 FEET WIDE LYING BETWEEN THE SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID
LOTS 17, 18, 19 AND 20 AND PART OF THE NORTH HALF OF 23RD STREET, VACATED ADJOINING SAID
LOTS 17, 18, 19 AND 20 ON THE SOUTH, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PROLONGED EAST LINE OF
BLOCKS 463 -A AND 463 -D OF SAID CITY AS SHOWN ON SAID MAP, DISTANT NORTH 322.04 FEET FROM
THE SOUTHEAST CORNER OF SAID BLOCK 463 -D; THENCE NORTH 90 DEGREES 00' WEST PARALLEL
WITH THE SOUTH LINE OF SAID BLOCK 463 -D, A DISTANCE OF 122.06 FEET; THENCE NORTH 33
DEGREES 25'00" EAST, 221.63 FEET TO A POINT ON THE EAST LINE OF LOT 1 IN BLOCK 463 -A; THENCE
SOUTH ALONG SAID EAST LINE OF BLOCK 463 -A AND ITS SOUTHERLY PROLONGATION, 185.00 FEET
TO THE POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE NORTHERNMOST CORNER OF THE ABOVE DESCRIBED PARCEL, SAID POINT LYING ON
THE WEST RIGHT OF WAY LINE OF ELM STREET',
THENCE, ALONG THE EAST LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY LINE OF ELM STREET,
SO °52'51 'E 75.84' (RECORD BEARING SW00'00 "E) TO THE BEGINNING OF A NON - TANGENT CURVE, AND THE
TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE; DEPARTING SAID EAST LINE, NORTHWESTERLY 3.06' ALONG THE ARC OF A NON - TANGENT CURVE
CONCAVE SOUTHWESTERLY (RADIUS POINT BEARS S44 °32'40 "W) WITH A RADIUS OF 30.00' AND A CENTRAL
ANGLE OF 5 °50'31' TO A POINT OF REVERSE CURVATURE;
THENCE, NORTHWESTERLY 38.82' ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS
OF 47.00' AND A CENTRAL ANGLE OF 47 °19'17
THENCE, NON - TANGENT TO THE PREVIOUS CURVE, S86-01'26 -W 5.00' TO THE BEGINNING OF A NON.
TANGENT CURVE;
THENCE, SOUTHEASTERLY 42.95' ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY
(RADIUS POINT BEARS N8W01 TTE) WITH A RADIUS OF 52.00' AND A CENTRAL ANGLE OF 47 °19'17" TO A
POINT OF REVERSE CURVATURE;
THENCE, SOUTHEASTERLY 7.91' ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS
OF 25.00' AND A CENTRAL ANGLE OF 18 °07'27° TO THE EAST LINE OF AFORESAID PARCEL AND THE WEST
RIGHT OF WAY LINE OF ELM STREET;
THENCE; NON - TANGENT TO THE PREVIOUS CURVE ALONG SAID WEST RIGHT OF WAY LINE NO °52'51 'E 7.70'
TO THE POINT OF BEGINNING, CONTAINING 231 SQUARE FEET MORE OR LESS.
g: \proj \2014 \140206 \3 project design \survey \construction drawings \legal descriptions and exhibits \003 -021-
01 \revO \tce \003- 021 -01 ice.docx
o eAKeIII,
U p
ORIGINAL
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA
DEPARTMENT OF TRANSPORTATION) 'STATE HIGHWAY MAP" (Monumentation Map) ON FILE AS FILED MAP 7 -1
BOOK 2, PAGES 6567 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: \proj \2014 \140206 \3 project design \survey \construction drawings \legal descriptions and exhibits \003 -021-
01 \rev0 \tce \003 - 021 -01 tce.docx
o�0AKF9v'
U p
ORIGINAL
I I I
O I I I
ITCE
ISEE ETAILI "A"
p ft A.
O ~
SCALE: 1' =50' ate/
r O
I
h
w OM
V y
� O z
I�
e
`no
/ w
ti
O
v
6
V ss� O
0
V
Q
S 1°
s �
� W
F
N
s
W
BEARING BASE
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) STATE HIGHWAY MAP -
(MOnumenlatlon Map) ON FILE AS FILED MAP 1 -1 8001
2, PAGES 65 -61 WITH THE KERN COUNTY SURVEYORS
OFFICE
EASEMENTS
NO EASEMENTS EXIST ACROSS SUBJECT PARCEL PER
PRELIMINARY TITLE REPORT FROM COMMONWEALTH
LAND TITLE COMPANY, FILE NO. 08021647, DATED
FEBRUARY 24, 2015.
POINT OF COMMENCEMENT
TCE
q
40
L
r"
3
a
ED py
S86' 01' 26 "W r
�S.OG a
N86' 01 26 "E RADIAL in F
f�/ /nom APN. 009 - 021 -07 ', F
V w
/ TCE �
W
POINT OF
BEGINNING
`p %o TCE
1=3.05, R= 30.00—
m5'50'31"
R =2500
A= 1S'0]'2]"
SCALE: V=10' DETAIL "A"
TEMPORARY CONSTRUCTION CASEMENT BAKERSFIELD, CA
`Y q �^ m uc - TA 20 BOCK 463A
I Ip 'Y PORTION OF LOTS I
ET Cq,NQII MAP Of Cltt OF BAKFRSFIFLO APN 0113 -U1b VI
_ e�- 1as /rol
oRgAKF9�
t`
ti m
U O
ORIGINAL
I I I I
• I I p6INt :DF
1XE ,!
a�aa.�H J_Ry=
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION
AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT
OF TRANSPORTATION) 'STATE HIGHWAY MAP"
(MOnumen talion Map) ON FILE AS FILED MAP 7 -1 B00
2, PAGES 65 -67 WITH THE KERN COUNTY SURVEYORS
OFFICE
EASEMENTS
NO EASEMENTS EXIST ACROSS SUBJECT PARCEL PER
PRELIMINARY TITLE REPORT FROM COMMONWEALTH
LAND TITLE COMPANY, FILE N0, 06021647, DATED
FEBRUARY 24, 2015.
FT
)) PORTION OF LOTS 1 A 20 HI OCK 463A
FX I n I r Gnnon MAP OF CITY Uf NeI0.aJ[ BAKERSFIELD. . Ai N: 003 - 021 -01
0 0AKF9s
T
ti
U O
ORIGINAL