HomeMy WebLinkAboutRES NO 189-17RESOLUTION NO. 7 8 9- 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
( "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 24th 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 1201 24th Street, Bakersfield, Kern County, California
[APN 005- 332 -01], 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 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.
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
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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 /BrdiRe++ee 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:
✓ ✓ ✓ ✓ ✓ ✓ ✓
YES'. COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN , PARLIER
NOES: COUNCILMEMBER NIXV
ABSTAIN: COUNCILMEMBER Iisj
ABSENT'. COUNGILMEMBER
CHRISTOPITER GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of Bakersfield
APPROVED: DEC 13 2017
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By
KAREN GOH
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Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
ANDREW H GLUND
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 December
13, 2017.
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CHRISTOPHER ERRY
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CRIGINAL
EXHIBIT 1
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EXHIBIT A
LEGAL DESCRIPTION
FOR RIGHT OF WAY ACQUISITION
PORTION OF LOTS 6 AND 7, BLOCK A
HUDNUT ADDITION
BAKERSFIELD, KERN COUNTY, CA
(APN 005 - 332 -01)
THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL REFERENCED IN THE GRANT DEED
RECORDED OCTOBER 17. 2006, AS DOCUMENT NUMBER 0206257155, KERN COUNTY OFFICIAL RECORDS..
SAID PARCEL BEING DESCRIBED AS FOLLOWS.
LOTS 1 THROUGH 12, BLOCK "A' OF THE HUDNUT ADDITION, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 15, 1898 IN BOOK 1, PAGE 21 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN,
BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 6 AND 7, BLOCK "A" OF THE HUDNUT ADDITION, ON
THE EAST BY THE WEST LINE OF "M" STREET, ON THE SOUTH BY THE NORTH LINE OF 23RD STREET, AND ON
THE WEST BY THE EAST LINE OF "L" STREET, AS SAID STREETS EXISTED ON JANUARY 25, 1928.
RIGHT OF WAY ACQUISITION PARCEL 1:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE, ALONG THE EAST
LINE OF SAID PARCEL S00°48'37 "W 10.97';
THENCE, DEPARTING SAID WEST LINE NORTHEASTERLY 4.15' ALONG THE ARC OF A NON - TANGENT CURVE
CONCAVE SOUTHEASTERLY WITH A RADIUS OF 13.50' (RADIUS POINT BEARS S26 °09'58 "E) AND A CENTRAL
ANGLE OF 17 °35'41 "TO THE BEGINNING OF A NON - TANGENT CURVE:
THENCE, NORTHEASTERLY 0.66 ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIUS OF 786.50' (RADIUS POINT BEARS SW30'57 "E) AND A CENTRAL ANGLE OF 0 002'52
THENCE, NON - TANGENT TO THE PREVIOUS CURVE, N8 '30'44' W 0.50' TO THE BEGINNING OF A NON - TANGENT
CURVE;
THENCE, NORTHEASTERLY 83.34' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIUS OF 787.00' (RADIUS POINT BEARS S26 °09'58 "E) AND A CENTRAL ANGLE OF 6 °04'03" TO THE
NORTH LINE OF THE ABOVE DESCRIBED PARCEL,
THENCE, ALONG SAID NORTH LINE, N89 °10'17' W 87.30' TO THE POINT OF BEGINNING, CONTAINING 360
SQUARE FEET MORE OR LESS.
RIGHT OF WAY ACQUISITION PARCEL 2:
BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL,
THENCE, ALONG SAID NORTH LINE, N891 0'17"W 88.44' TO THE BEGINNING OF A NON - TANGENT CURVE;
THENCE, DEPARTING SAID NORTH LINE, SOUTHEASTERLY 85.58' ALONG THE ARC OF A NON - TANGENT
CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 787.00' (RADIUS POINT BEARS S4`03'18 "W) AND A
CENTRAL ANGLE OF 6`13'48
THENCE, NON - TANGENT TO THE PREVIOUS CURVE, S10 °35'10 "W 0.50' TO THE BEGINNING OF A NOW
TANGENT CURVE;
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GRIGINIJ
THENCE, SOUTHEASTERLY 3.57' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY
WITH A RADIUS OF 786.50' (RADIUS POINT BEARS S10°17'03 "W) AND A CENTRAL ANGLE OF 0. 15'36" TO THE
EAST LINE OF SAID PARCEL,
THENCE, ALONG THE EAST LINE OF SAID PARCEL NOO °49'06 "E 10.53' TO THE POINT OF BEGINNING,
CONTAINING 370 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.
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ORIGINAL
POINT OF
BEGINNING 24TH STREET (82.5' R /W)
PARCEL 1�
S89' 10 17 "E
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PARCEL
ACQUISITION
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BLOCK
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N89 10' 42 "W 264.26
SCALE: 1 " =80'
23RD STREET (82.5' R /W)
BEARING BASE
THE BASIS OF BEARING FOR THIS
LEGAL DESCRIPTION AND PLAT IS
THE CALTRANS (CALIFORNIA
DEPARTMENT OF
TRANSPORTATION) 'STATE
HIGHWAY MAP (MOnaalaatat,.n
Map) ON FILE AS FILED MAP 7 -1
BOOK 2, PAGES 65 -67 WITH THE
KERN COUNTY SURVEYORS OFFICE
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PARCEL 2
PARCEL
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AREA DATA (SQ FT)
PARCEL GROSS 91,5953 SO FT
PA 1 AREA 360± SO FT
PA 2 AREA 3703 SO FT
EASEMENTS
PER COMMONWEALTH TITLE REPORT
$08021658
— NOT PLOTTABLE
4O3 PG &E EASEMENT PER INSTRUMENT
OFFICIAL RECORDS
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EXHIBIT 2
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Temporary Construction Easement
A four (4) year temporary, non - exclusive construction easement over, on, under, in, across,
along and through the area more specifically described on the attached pages as the Temporary
Construction Easement.
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EXHIBIT A
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
PORTION OF LOTS 6 AND 7 BLOCK A
HUDNUT ADDITION
BAKERSFIELD, KERN COUNTY, CA
(APN 005 - 332 -01)
THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL REFERENCED IN THE GRANT DEED
RECORDED OCTOBER 17, 2006. AS DOCUMENT NUMBER 0206257155, KERN COUNTY OFFICIAL RECORDS,
SAID PARCEL BEING DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 12, BLOCK "A" OF THE HUDNUT ADDITION, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 15, 1898 IN BOOK 1, PAGE 21 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH. RANGE 28 EAST, MOUNT DIABLO MERIDIAN,
BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 6 AND 7, BLOCK "A" OF THE HUDNUT ADDITION, ON
THE EAST BY THE WEST LINE OF "M" STREET, ON THE SOUTH BY THE NORTH LINE OF 23RD STREET, AND ON
THE WEST BY THE EAST LINE OF "L" STREET, AS SAID STREETS EXISTED ON JANUARY 25, 1928.
TEMPORARY CONSTRUCTION EASEMENT.
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE, ALONG THE
WEST LINE OF SAID PARCEL S00 °48'37 "W 10.97' TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE, CONTINUING ALONG SAID WEST LINE, NO`48'37 "E 0.89 TO THE BEGINNING OF A NON - TANGENT
CURVE;
THENCE, DEPARTING SAID WEST LINE NORTHEASTERLY 4.15' ALONG THE ARC OF A NON - TANGENT CURVE
CONCAVE SOUTHEASTERLY WITH A RADIUS OF 13.50' (RADIUS POINT BEARS S26- 09'58 "E) AND A CENTRAL
ANGLE OF 17 °3541 "TO THE BEGINNING OF A NON- TANGENT CURVE,
THENCE, NORTHEASTERLY 0.66' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIUS OF 786.50' (RADIUS POINT BEARS 58 °30'57 "E) AND A CENTRAL ANGLE OF 0 °02'52 ",
THENCE. NON - TANGENT TO THE PREVIOUS CURVE, N8'30 44"W 0.50' TO THE BEGINNING OF A NON - TANGENT
CURVE;
THENCE, NORTHEASTERLY 83.34' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIUS OF 787.00' (RADIUS POINT BEARS S26 °09'58 "E) AND A CENTRAL ANGLE OF 6 °04'03" TO THE
NORTH LINE OF THE ABOVE DESCRIBED PARCEL;
THENCE, ALONG SAID NORTH LINE, 589`10'17 "E 88.56' TO THE BEGINNING OF A NON - TANGENT CURVE,
THENCE, DEPARTING SAID NORTH LINE. SOUTHEASTERLY 85.58' ALONG THE ARC OF A NON - TANGENT
CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 787.00' (RADIUS POINT BEARS S4w 18 "W) AND A
CENTRAL ANGLE OF 6`13'48 ",
THENCE, NON - TANGENT TO THE PREVIOUS CURVE, S10`35'10 "W 0.50' TO THE BEGINNING OF A NOW
TANGENT CURVE,
THENCE, SOUTHEASTERLY 0.92' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY
WITH A RADIUS OF 786.50' (RADIUS POINT BEARS S10'17'03 W) AND A CENTRAL ANGLE OF 0°04'02
THENCE, S88`16'05 "W 10 46' TO THE BEGINNING OF A NON - TANGENT CURVE,
THENCE, NORTHWESTERLY 75.92' ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY
WITH A RADIUS OF 785' (RADIUS POINT BEARS S09- 35'46 "W) AND A CENTRAL ANGLE OF 05 °32'28 ,
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ORIGIN,-
THENCE. N89 "10'17 "E 88.35 TO THE BEGINNING OF A NON - TANGENT CURVE
THENCE, NORTWESTERLY 88.01 ALONG THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY
WITH A RADIUS OF 785' (RADIUS POINT BEARS S02- 23'49 "E) AND A CENTRAL ANGLE OF O6 °25'25" TO THE
WEST LINE OF THE ABOVE DESCRIBED PARCEL, ALSO BEING THE POINT OF BEGINNING, CONTAINING 514
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.
LE.0 RJR.
Epp. W1143
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POINT OF
r COMMENCEMENT
24TH STREET (82.5' R /W)
589 10' 17"E
87.30 RR SR RR aA
POINT OF
BEGINNING J
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N89' 10' 42 "W 264.26
SCALE: r =BD' 23RD STREET (82.5' R /W)
BEARING BASE
THE BASIS OF BEARING FOR THIS
LEGAL DESCRIPTION AND PLAT IS
THE CALTRANS (CALIFORNIA
DEPARTMENT OF
TRANSPORTATION) STATE
HIGHWAY MAP "(M.,m taboo
Map) ON FILE AS FILED MAP 7-1
BOOK 2, PAGES 65 -67 WITH THE
KERN COUNTY SURVEYORS OFFICE
TEMPORARY
CONSTRUCTION
EASEMENT
SEE SHEEP 2
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AREA DATA (SQ FT)
PARCEL GROSS 91,5952 SO FT
TCE AREA 5142 50 FT
EASEMENTS
PER COMMONWEALTH TITLE REPORT
ORDER $DBD21658
= NOT PLOTTABLE
3O PG &E EASEMENT PER INSTRUMENT
#D204265602, OFFICIAL RECORDS
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Exp. 3 -31 -18
No. 6148
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ORIGINA
--------------
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N89' 10' 42 "W 264.26
SCALE: r =BD' 23RD STREET (82.5' R /W)
BEARING BASE
THE BASIS OF BEARING FOR THIS
LEGAL DESCRIPTION AND PLAT IS
THE CALTRANS (CALIFORNIA
DEPARTMENT OF
TRANSPORTATION) STATE
HIGHWAY MAP "(M.,m taboo
Map) ON FILE AS FILED MAP 7-1
BOOK 2, PAGES 65 -67 WITH THE
KERN COUNTY SURVEYORS OFFICE
TEMPORARY
CONSTRUCTION
EASEMENT
SEE SHEEP 2
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AREA DATA (SQ FT)
PARCEL GROSS 91,5952 SO FT
TCE AREA 5142 50 FT
EASEMENTS
PER COMMONWEALTH TITLE REPORT
ORDER $DBD21658
= NOT PLOTTABLE
3O PG &E EASEMENT PER INSTRUMENT
#D204265602, OFFICIAL RECORDS
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11-6'13'48
BUZZ Md
D-7 0=4 G I