HomeMy WebLinkAboutRES NO 184-17RESOLUTION NO. 18 4 --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 City of Bakersfield ( "Bakersfield "), in cooperation with the
State of California Department of Transportation ( "Caltrans "), proposes
improvements to Truxtun Avenue from Empire Drive to approximately 600 feet
east of Oak Street, including street widening improvements. The project is
known as the Truxtun Avenue Widening 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 and temporary construction easement interest in that certain real
property commonly known as 3301 Truxtun Avenue, Bakersfield, CA 93301
(APN 332 - 500 -18 and -19) 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 July 2017 Categorical
Exemption /Categorical Exclusion.
2. Public Use. The public use for which the Property is to be acquired is
for public street /highway purposes, specifically the construction of the Truxtun
Avenue Widening Project, street widening 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 e�KF
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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.
I HEREBY CERTIFY that the foregoing Resolution /Ordinance was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof
held on DEC 1'i 2017 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES COUNCILMEMBER 4 N
ABSTAIN: COUNCILMEMBER tx
ABSENT: COUNCILMEMBER T4
CHRISTOPHER GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of Bakersfield
APPROVED: DEC 1 j 2017
By d/)
KAREN GOH
Mayor
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APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
ay V�'Z— �y F"
ANDREW HEGLUND
Deputy City Attorney
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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 December
13, 2017.
CHRISTOPHER ERRY
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Exhibit 1
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I FOEND
ND w4CACTS CALCLLATE9 SEARINOS A DISTANCES PER
PARCEL. MV 1206 DA.6 R PMICEL MAPS. P0.195
- -- EASEMENTS
THE IOIIONIT
- OIICINAL PARCEL
L PMCEL 10X0551 -
2.07 AO
PARC[L AN NETT -
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1.T0 At
MNET1 MINIMS ACCESS EASEMENT
80' ACCESS EASEMENT PER
BK. 5172
PG. 546, O.R.
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* Exr, .12 -31 -1T
30' ACCESS EASEMENT PER
EPGT�
TANGENT
DELTA
BK. 3389 PG. 98, O.R. BKp 5350, 04�O.RR
70.20'
75.00'
GRANT DEED TO COB PER
53'37'46'
r - - - --
—TRUXTUN AVENUE -INST. pt981 zs536. o.R_�
2410.00
77.48'
N58'58'00'E
C3
17.14'
S88'58'00'W 213.75'
8.3a'
P08
C1 (1) S88'39'26'E 17.83'
91.59'
1002.78
S83.W57'E _ — — — —
(12)
2 91.39' (3) C2
2.19'
82.70'
11AW
_ —
SB9'/3'26'W
10) NOG'07'29'E RADIAL
65.45'
(11) 74.21
(6) C4
C7
17.69'
ICIL
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N6810'S0'W
X75'4 M' N4124'4 3'E RADIAL
RADIAL
(9) 21,481
SB8'56'52'W
3913
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5' EASEMENT PER BK.-
PG. 834, O.R.
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I5154
APN 332-5 O
PARCEL 12 . PM 1296
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30' ACCESS EASEMENT PER
30'
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CURVE
TABLE
CURVE
LENGTH
RADIUS
TANGENT
DELTA
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70.20'
75.00'
37,91'
53'37'46'
C2
154,91'
2410.00
77.48'
3.40'14'
C3
17.14'
26.38'
8.3a'
3713-52-
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91.59'
1002.78
45.83'
514'01)"
CS
2.19'
82.70'
11AW
15.22'35'
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16.68'
65.45'
8.30'
14-36-00'
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17.69'
7
9'
'31'04'
BASIS OF BEARING
ARCEL MAP 1190. BKa OF PARCEL MAPS PGE19A OK 1 OF
5
NE CORNER OF
PARCEL 1 OF
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TRU %TUN AVENUE WIDENING
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TRUXTUN AVENUE WIDENING
332 - 500-18
THAT PORTION OF PARCEL 1 OF PARCEL MAP 1296 RECORDED AUGUST 30,
1973 IN BOOK 6, PAGE 195 OF PARCEL MAPS, O.R., IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF THE
SOUTHEAST QUARTER OF SECTION 26, T.29S., R.27E.,M.D.M.:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID CORNER
ALSO BEING THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN
GRANT DEED PER BOOK 5350, PAGE 1704, OR.;
THENCE SOUTH 88 °58'00" WEST, ON AND ALONG THE NORTHERLY LINE OF
SAID PARCEL 1 AND LAND DESCRIBED IN SAID DEED, A DISTANCE
OF 213.75 FEET, TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 75.00 FEET;
THENCE WESTERLY ALONG SAID CURVE, AND LAST SAID NORTHERLY LINE,
THROUGH A CENTRAL ANGLE OF 5303746" AN ARC DISTANCE OF
70.20 FEET, TO A POINT ON THE SOUTH LINE OF THE PARCEL OF
LAND DESCRIBED IN GRANT DEED TO THE CITY OF BAKERSFIELD
PER INSTRUMENT NO. 0198125536 O.R, SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING;
THENCE (1) SOUTH 8803926" EAST, ON ALONG LAST SAID SOUTH LINE, A
DISTANCE OF 17.83 FEET;
THENCE (2) SOUTH 83050'57" EAST, ON ALONG LAST SAID SOUTH LINE, A
DISTANCE OF 91.39 FEET, TO THE BEGINNING OF A NON - TANGENT
CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2418.00
FEET, AND TO WHICH A RADIAL LINE BEARS NORTH 00007'29" EAST;
THENCE (3) EASTERLY ALONG SAID CURVE, ON AND ALONG LAST SAID SOUTH
LINE, THROUGH A CENTRAL ANGLE OF 03040'14 ", AN ARC DISTANCE
OF 154.91 FEET;
THENCE (4) SOUTH 23033'34" EAST, ON ALONG LAST SAID SOUTH LINE, A
DISTANCE OF 19.47 FEET, TO THE BEGINNING OF A NON - TANGENT
CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 26.375 FEET,
AND TO WHICH A RADIAL LINE BEARS NORTH 41024'43" EAST;
THENCE (5) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
37013'52 ", AN ARC DISTANCE OF 17.14 FEET, TO THE BEGINNING OF A
COMPOUND CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF
1002.783 FEET;
THENCE (6) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL. ANGLE OF
05 °14'00 ", AN ARC DISTANCE OF 91.59 FEET;
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GRfGINF.L
THENCE (7) SOUTH 88 °56'52" WEST, A DISTANCE OF 39.13 FEET, TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH,
HAVING A RADIUS OF 82.702 FEET;
THENCE (8) WESTERLY ALONG SAID CURV E, "THROUGH A CENTRAL ANGLE OF
15°22'35 ", AN ARC DISTANCE OF 22.19 FEET;
THENCE (9) NORTH 75 °40'34" EAST, A DISTANCE OF 21.48 FEET, TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 65.452 FEET;
THENCE (10) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
14 °3600 ", AN ARC DISTANCE OF 16.68 FEET;
THENCE (11) SOUTH 89 °43'26" WEST, A DISTANCE OF 74.23 FEET, TO A POINT ON
THE NORTHERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING
THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE TO THE
EAST, HAVING A RADIUS OF 75.00 FEET, AND TO WHICH A RADIAL
LINE BEARS NORTH 68 010'50" WEST;
THENCE (12) CONTINUING NORTHERLY ALONG THE SAID NORTHERLY LINE AND
SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 °31'04 ", AN ARC
DISTANCE OF 17.69 FEET, TO THE TRUE POINT OF BEGINNING.
AREA: 3,442 SQUARE FEET MORE OR LESS (GROSS)
r.f... Qy4(24942 z -ai -i2
TRUXTUN AVENUE WIDENING 332 - 500 -18
Page 2 of 2 0 n KE9
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ORIGINAL
Exhibit 2
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ORIGINAL
Temporary Construction Easement
An approximately 564 square foot, twelve (12) month temporary, non - exclusive construction easement
over, on, under, in, across, along and through the area more specifically depicted on the attached map
as the Temporary Construction Easement, to construct sidewalk, driveway and other site improvements
along the new right of way boundary.
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