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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: m c ORIRINA� 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 2 0 9r v p 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 oF�Arc�9T U C onIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY ay V�'Z— �y F" ANDREW HEGLUND Deputy City Attorney gAk49 O N J C 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 o�eAKF9T v c Exhibit 1 F Q,A o c ORIGINAL �N c 1 N w r N 0 rn N W V w N a �U U ✓ RT 99 STpTI MNK H n: z • 19 zzz lid d� zo �F o� N a O of 9A Kt9 1 0 c ORIGINAL 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 - rT:4E 1.85 AC IGI0111 ].412 SI MMETI ].10T SF ER HNET) - 1.T0 At MNET1 MINIMS ACCESS EASEMENT 80' ACCESS EASEMENT PER BK. 5172 PG. 546, O.R. a * 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 C5) (5) C N6810'S0'W X75'4 M' N4124'4 3'E RADIAL RADIAL (9) 21,481 SB8'56'52'W 3913 I(» 5' EASEMENT PER BK.- PG. 834, O.R. I I5154 APN 332-5 O PARCEL 12 . PM 1296 I EM 30' ACCESS EASEMENT PER 30' M 4802 PG. O.R. i LLOYD L NORTON F r No. 21942 a * Exr, .12 -31 -1T CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA Cl 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- C4 91.59' 1002.78 45.83' 514'01)" CS 2.19' 82.70' 11AW 15.22'35' C6 16.68' 65.45' 8.30' 14-36-00' C7 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 PM 1296 ( g Q8 0 4 (NIL' W SCALE 1'rt ' TRU %TUN AVENUE WIDENING RIONTVE -Way A0a01Rltla l., 4- o C GRIGINAL 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; Page 1oftx ,, &- � m v c 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 o s S - ORIGINAL Exhibit 2 yAKF9 o U C 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. o`��k KFq m v � pRl(r ltdJlL ; §4= \\ \\ \(} o §] o / C % | .7. ). o; c :.� .I ;I• ,I ;11 •:dam : \ § R.- § - ;a C % | .7. ). o; c :.� .I ;I• ,I ;11 •:dam : C % | .7. ). o; c :.� .I ;I• ,I ;11