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HomeMy WebLinkAboutRES NO 160-17RESOLUTION NO. 16 0- 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 "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 a partial fee interest in that certain real property commonly known as 3839 Stockdole Highway, Bakersfield, CA 93309 (APN 149 - 221 -20) 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: ��KFH s T ORIGNAL 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 5 in GR'IG!r`AL 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 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 esolution QFPJiRQA was passed and adopted, by the Council of the City of avers geld at a regular meeting thereof held on NOV 15 2017 by the following vote: ✓ ✓ ✓ ✓ ✓ AYES: COUNOWEMBER RIVERA . GONZALES, WEIR, SMITH, FREEMAN, SUEN , PAR LIER S: COUNCILMEMBER N�G- AB COUNCILMEMBER �V BSENT:� COUNCILMEMBER r S r CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of APPROVED: NOV 15 2017 Bakersfield By KARE GOH Mayor �aAKF9 o c GP'CINAI APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ANDREW HEGL D Deputy City Attorney hJ. o ORIGIN.A1. 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 July 19, 2017. CHRISTOPHER GERRY o7.xFo c <� 6 OP GINAt Exhibit 1 4aKF�, o s., C;pl(;IVar �EfiFBION YY I81,IS9'2_ fJI1MiY K NFLi 09CINAi NV20FNWV4 OFNEU4 0� 2 T W S R.27E. YYL wrooi. --56 -5 u0 -22 J 4�221 1 � I L TOCMPI[£ • MIY e IT O ie „ Cn i O U TRACT 1938 © 1 1 � 0 �EfiFBION YY I81,IS9'2_ fJI1MiY K NFLi 09CINAi 1: 1 ]LEGAL DISCRTPTION Caibaun Paced No. W654.1 Agabldw Per That portion of land a dscohed in Onm Ded recorded March 20, 2001 a DoeunsM No. 0201040014, Oltidd Rssd. of Kan County, bcmd in Section 2, Township 30 Somh, Raatp 27 Bast, Maud Di" Base and MaYRq in the Uni ourporabd Territory of Kam County, Sub of Callan, mane particularly doaodbed as Shcoww Covandn{athe canaadtoo inlnsetion ofSUM Rood with da,rw uwy IW ofaid section 2, ajda, m RacM of eorwy Nw 3559, filed is Book 30, pepa 130 duagt 147 hwhaire, of Sorroya, Record- of said Ororly, Tuns alogsaid rw %uiy Ilea Sash 09°41'56" Beg 341.03 feet h, the wawtly Ihw ofaaid bad: Tkance atom avid w,Maly Jim Sondt 00°21'36" Wet 122.92 fed to the POW of RatYadag; Thaw oord'ora60 South 00°2176" Wee 27.92 fed to dw motherly Ene of said Wet; Thee alone said aoudwerly Bea South 19°34.56" Bra 2637 feet to dw eaabrly line of add laldi Tbarm, aong UM errantly Jim North 0 Mr2r lho, 13.54 foot to the cosara noAAsalay taring a radius of 1999.50 fool, a ban radial to beginning ghsra South � 20a OW Wsk TMoe nwdrovaleft a to" said srve an sao bnph of 3031 feet, trough a oman I aegb of 005223• tothePdatafBaglaalq. 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