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Home My WebLink AboutRES NO 188-17RESOLUTION NO. 1 8 8 " 1 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 24th 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 241h 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 two temporary construction easement interests in that certain real property commonly known as: No Situs Address; Commercial Parking Lot, Bakersfield, Kern County, California [APN 005- 212 -07], and more particularly described and depicted in Exhibit "1" 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: �gAHF9 F _ U 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. 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 o``6nKF9N 2 4_ 0 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. 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 Resolution /Ordiaeaee was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on December 13, 2017 by the following vote: VEB. COUNCILMEMBER RIVERA, GO ALES WEIR, SMITH, FREEMAN, SULLIVAN, PAR ER NOES: COUNCILMEMBER ABSTAIN. COUNCILMEMBER t4 JY ABSENT: OOUNCILMEMBER NQa C kA- CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 1 ! 2017 By O KAREN GOH o` 0nrF9N Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By --/Z— Z— U� .(-.r ANDREW HEGLUND Deputy City Attorney o` 6A GRIGIPI! 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. CHRISTOP14R GERRY ORIG IN! ^!� EXHIBIT I m �RlGlNAI EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY ACQUISITION PORTION OF BLOCK D HUDNUTTRACT BAKERSFIELD, KERN COUNTY, CA (APN 005 - 212 -07) THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL IN THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA, DESCRIBED IN THE DIRECTOR'S DEED RECORDED DECEMBER 19, 2003, AS DOCUMENT NUMBER 0203274053, KERN COUNTY OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. RIGHT OF WAY ACQUISITION: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE REFERENCED PARCEL; THENCE; ALONG THE EAST LINE OF SAID PARCEL, S00 °50'56 "W 10.56'; THENCE; DEPARTING SAID EAST LINE, N72 °52'55 "W 127.76' TO THE WEST LINE OF SAID PARCEL; THENCE, ALONG SAID WEST LINE, N00 °49'06 "E 3.39' TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE, ALONG THE NORTHERLY LINE OF SAID PARCEL, S89'1 0'15"E 21.34': THENCE, CONTINUING ALONG SAID NORTHERLY LINE, S73'22 22'E 104.77' TO THE POINT OF BEGINNING, CONTAINING 1,156 SQUARE FEET MORE OR LESS. 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: \proj \2014 \140206 \3 project design \survey \construction drawings \legal descriptions and exhibits \005 -212- �d�KEgm 07 \rev0 \pa \005- 212- 07pa.docx n U C ORIGINAI 24TH ST (82.5' RW) 589' 10 215E wf STBOVND NO' 49' 06 E S)3.22. �w PAgFS f1g P 104 -?, POINT OF N72' 52' 55 "W_ BEGINNING 12726 ROW ACQUISITION SO' 50' 56 "W ROW ACQUISITION 10.56 0 U) a a APN, 005- 212 -07 = v' CV ° 'o .. b F � y N89' 10' 01 "W 24.79 p =]'2021" SCALE 1 " =60' L =9748. R= 761.00 23RD ST EASTBOUND HWY 178 (82.5' RW) (RW VARIES) BEARING BASE THE BASIS OF BEARING FOR THIS - LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA s� DEPARTMENT OF TRANSPORTATION) STATE HIGHWAY MAP "(Monumentotion - Map) ON FILE AS FILED MAP 7 -1 BOOK 2. PAGES 65 -67 WITH THE KERN COUNTY SURVEYORS OFFICE ey — �� AREA DATA (SQ FT) PARCEL GROSS 36,3832 SO FT RAW ACQUISITION 1,1563 SO FT EASEMENTS NONE PER COMMONWEALTH TITLE REPORT ORDER $08021659, DATED MARCH 2, 2015 GRIGINAI - LEGAL DESCRIPTION AND PLAT 15 THE CALTRANS (CALIFORNIA DEPARTMENT OF TRANSPORTATION) 'STATE HIGHWAY MAP "(MOnumentotion Map) ON FILE AS FILED MAP 7 -1 BOOK 2, PAGES 65 -67 WITH THE KERN COUNTY SURVEYORS OFFICE R/W ACQUISITION 1,1562 SO FT EASEMENTS NONE PER COMMONWEALTH TITLE REPORT ORDER #OBD21659, DATED MARCH 2 2015 6594 Ac Expl 1 17 � S' C