HomeMy WebLinkAboutRES NO 130-17RESOLUTION NO.. 13 n= 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
( "Caltrons "), 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 215 Williamson Way, Bakersfield, CA 93309 (APN 149-
232-02) 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:
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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
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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 esolutio - c:vnEaaiee was passed
and adopted, by the of the City of Bacersfield at a regular meeting
thereof held on PP 00 UU ZZ0B1l by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYES: COUNCILMEMBER RIVERA . GONZALES, WEIR, SMRH, FREEMAN, SULLIVAN, PARLIER
ES: COUNCILMEMBER N%N�
ABSTAIN: COUNCILMEMBER NI Owl
ABSENT: COUNCILMEMBER Nof'Q-
CHRISTOPH R GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of
APPROVED:
$EP 0 6 2017 Bakersfield
By
611,04 GOH
Mayor
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APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW NEGL D
Deputy City Attorney
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CERTIFICATE OF CITY CLERK
I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the
foregoing is the full and true Resolution No. , passed and adopted by the
City Council of the City of Bakersfield at a regular meeting held on September 6,
2017.
bA-
CHRIER GERRY
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ORIGINAL
Exhibit 1
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ANHUUT SAP
LEGAL DRSCW MON
Cdk rPared No. 676661
AtgmlWG=: Jim
APN 149-23202
Ta pottionofload m described in Dead of7ruelrocurded June 24,2015 as Dam tW& 000215051621,
oR3ohl Records of Kan County, bgdlw with dm pumice of Wi0lweon Way r dmcfibed in Gent Dead
Recorded November 10, 193$ flied in Book 451, pays 294, ofllaW Records of rid Couny, kestod in 0e
weshwfafdm tMile quarter of the xMbcsd quarter of Ile mstbwad qurter of the northeast goww
of Smtca 2, Township 30 South, Romp 27 Brl, hicunt Diablo Bar and Meridian, in the Unimorprmad
Territory of Ken County. Side of California, more policulasy described r forces:
PsaRll
oro mwaNg at the mmmuce iolorpion of Witlinuon Wry with Blaia Drin r dhow" on Record of
Srmy No. 3559, filed in Book 30, page, 131 through 147 inclusive, of Surveys, Records of said Corny;
Tbrrea alongrrld ordaibe Of WJllimson Way North 00°34.49" Bad 25012 fad;
Tbroe North MS' I I- Wed 20.00 fd n the waelerly lino of Wit ionra Way (20.00 foal hell -widib)
r described in rid Gael Deed, ale, being the soul" line of rid lend;
Theories along Mid wmlody line Noah 00°34.49" best 8013 fed to the Point of Beginning; '
The North 72o37'1 2" Wed 13,96 fed to the northerly line of rid land;
The along Mid norlhrly Jim South gr55' 12" Cad 1336 Am to mid westerly lino of Willis mam
War,
n1 acog rid Wasriy Jim Such 00°3449" Wad 3.92 fed to dm Pala of Beginning.
Tbahoic d e rlbod portal contains 26 square red more or Jan.
LA40K M%PANUUGMA$nUNSM6 -1 E.NW at Mf.&M Pagelo/2.
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Cwunwedsg at The mmdUne Jm muttlen of WOIJmewu Way with Hkh Drhe a ahomn no aid Roes,
ofSurvW,,
Thwm aim` mW mrdadin of Willimmon Wry Nonh 00-34'49-1109 25032 fart;
711mm Noob JI925.11^ Wed 20.00 fmt to Or watwly ihw of WjIga Way (20.00 foot hnif wWfh)
as dead(bed in mW Giant Dead, she being tlm soulbaily Jim ofaW laud;
Hama &10% Will wederly Jim Nedh 0074'49" Hat 90M fool to the Plot of Beginning;
Tillman 9011th 72r77'1T HW 20.09 feel to aid emalhn of WJIlinemon Way;
I%—along mid Margin Hod 00-34'49' Hat 9.96 leek
Timms North 119 L 'l I' Wal20-00 red in mW woltedy Jiro of aW WJillamem Way, also being the
mridiy Jinn of add had;
7Lmra alongaaW waatdly ON SOuth 0074'49' Wm13.92 Pod to do point of BaglmYag.
Thin oanveyaneo Is mils for We pinion or. 6mway and Jim GRAMOR bdeby rotate mW
rdiognhbm to The GRANTOR, mW w uu:ranra ad aaeigrr, my ad all abu0rt's rillhh imlialbtg
mmaa dghh, Minuteman in GRAN7OR's remaining popoly, in sW to the gmway.
The Binh of Damietta for this sunny are band upon the Nanh Anxrimn Oahmn of 1993 (NAD93) of the
GRIcamis Coordinate eyalem of 1923 (CCSIM Zone V, 200.00 Hpwk
Thin legal dmdipOm 1a nd WC06W for me in the division and m nonwrydhm of heal in vinland of On
ntbdhWm amp an orow Shan ofCallfomh.
See phl alladed hello a RvWbil'A2' and by Ode refdem , meta • pan lm =E
l mpamd under the direction op.
is 8Nl K Smith
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Sun M. Smith, PLS No, 9273 Ike:
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L&GALDRSCRIM11ON
aw.as Parent No. 8766W
Acquhadsar Pea
APN 149 -23242
That portion ofland odacribal in ledof l}wtrewcded fwe 24, 2015 u Doconwnl Ho. 000215081621,
Official Reams of Km County, boded in the wed half of the N hvmK gvmdw of the sandman quarter
of tie nctOtwed quarter of the northeast quarter of Section 2, Townatrip 30 South, Romp 27 Hass, MouM
Diallo Bra and Merida, in the Ummc groratd Territory, of Kum County, State of alifornh, wore
Particularly doribed r follows:
arwaady at the M rgan intervention of Williamson Way with Made Drive as airown on Record of
Survey No. 3559, Bhd in Book 3k paps 138 through 147 inalustM of Suroy4 Revoi of rot Caenq;
TMaea along rid mrMine of Williamson Way North 00°34'49" Ham 2.%22 fact;
Thane North 8995' I I" Went tom feet to the wastorly Has of Williamson Way (20.00 font hsWwk%h)
r draribed in rid Orion Deed, aim being the rMhedy the of said land, and the Plat or Beginning;
Theater absrg sail motherly line North 18°50' I r Went 9.59 font to lie beginning of a non4engrd curve,
concave easterly having a radio of 50.00 fad, a dm radial to said begiining Were
South 7178.33" West;
Thar nor8edy along mid row an arc length of 5030 feet, through a cudml ample of 51 "12'58" w
said Welrly Itm of Wilfmuon Way.
TMrr along said westriy, line South 0094'49" Woo 47.97 fret to the Peet of Beginning.
The above described panel contains 414 square fed more or ten
The Bris of Brrings far this survey, are bead Won the North Awerirn Dslunr of 1983 (NAD83) of the
Califmrshm Coordinate syom of 1983 (CCS83), our V, 2001.00 lipock
tNwPcomftWmwrnwrfv rs6sVmf Ext"ar FEE4ae Page 3 or 2
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71is I%M dueriPlim is not inlwded for mn s dm division and or oonvopwm of lend In •iolelion of Ibo
suMlivsion meP as of the Ssm ofC"Fibms.
San Psl W W-W bw as Hxhibil'A2' snd by this mfer<Ime merle a pod hnsnf.
Pmpsed wd> do dimotion oC
San M.
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No, OP
Sun M. &nhk PLS No, SM3 Doe.
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JUN. 14. 3M U.
AIRI:IK -131— MUMID4T
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BBRS a ACCESS
WWAM m=m DATA PER
WOOM OF BIMSY M. 35M.
R.9. 30/138-141
O1 LUEMR FOR 110110
CDW % 1I01m 41 EOIESS
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Exhibit 2
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A four )1) year temporary, non-exclusive 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 including, without limitation, concrete
curb, gutter, sidewalk, driveway and driveway approach.
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t.KOAL DRICRIPflON
CW"N Prod Wa, 97666.7
AgMMdm: Torpenry Cantrate, Ka" ,as
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APN 141232-02
ThKpalioaoflend rdewibod in Dead ofllwt roeerrlod 1une24, 2013 a Document No.0M 15011621,
OBhdd Reoardr of Km county. leased in der wed bsif of the enlhwast goetm of the Meadows gurler
of No northwest grrler, of the norshwa gambr of 3ectlan 2, Towaskip 30 Seek PAW 27 pool. Meet
01" Due and btordb o% in she Ilaheuientd Territory of Kan Co dy, Sloe of Colifaule, sore
pNml ly domr*W as fdlowe:
CorraelaR al she eedmlaa bdmamtion of Wi"is Way wish IOalu Uri" a drown on Raaad of
Survey W 3339, Rind In Book 30, peps 131 dw* ggl 147 hwhwh%of Survey; Records of"ld Cane %;
77w" mines rd ortarlino of WRliwon Way North 00°31'49" Bat 230.22 foot;
T1nea North I9e25' ll' Wag 20.00 rod to do interaction or the westerly See or winwr Way
(20.00 foot belFwdsh) a described Is rid Oral Dud, abo bol g the southerly lino of rd herd;
Tba ab+g ad southerly Jim North 111'30.17" West L59 real In de beginning or Dawow ent curve,
eon"" reWiy loving a rdliw of 30.00 fed end being the Point afDgtiadng, a lino rWbl to "id
beginning barn South 71'78'33' Wad;
7%mm wdbwfy absg aid" a m: length of MA red, dnmgh a ecrdi I omit of srl2•sir In
aid wtalmly litc orwiifumm0 Wq.
There along aid woaady line North 00"3449' PAN 32.26 km;
71ome North 72%7'12' West 13.% New to the northerly Use of rid sod;
TLam deg "d ow0arly No Nad6 ms, jr Wsd 19.72 rem;
T1anor South 0D°02•ss' west IA9 foot;
Photo South W57'OS" Lou 5.00 km;
Thera South 00'02.55• weal 5.00 rat;
Thow South 39057'05" Bat 11.04 fool;
Thence Saab 35'16'07" Bat 24.32 reef;
a. '�a0/tnlDlOtWmae'4"ntM1a6M16ifJ Eiln M RFJea Pxee x m x
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Thaw South 71 °4r40" Wat 70.21 fool;
Thence South 01°09'47" Woo 25.36 feet to aid am0vly lap ofaW nun;
Thaw elms MW an0aly lim Swnh SP50' 17" Him 10.00 Oe to the putt of NeyJaaI W
Thp above dM WW paned omaau 906 square tea nom w lea.
GNtwW Cawdiear fw Wb auvoy ao 6aad ym Ow Nenln Awaawn l),lau of 1937 (NADO)of tho
aYelen M 1937 (CG4372 7me V, 201M.001gaph,
lhb Iqd daalptlm is not imaMOd fw me in the Avisim mw w omwyaoo of had in viehdkm of an
sulm ace map as oftheses ofOdiOnda.
Son pb6 audei leao a Galdbit'A2' end by IMe wfrwpe mub a pat hem r,,
Ngred wndw the dirtUbn of:
Sea M. Smkk PLS eta 3277 Dew;
Ie'OewfdatoAPAVDALl mMtRele76W3 nealAt FUnbog
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