HomeMy WebLinkAboutRES NO 109-18RESOLUTION NO. 1 09— 18
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 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 1,582 square
foot fee interest (CPN 87464-1), a 21,804 square foot aerial easement (CPN
87464-2(, and a 21,804 square foot thirty-six (36) month temporary
construction easement (CPN 87464-3) in portions of that certain real
property located at 5001 Commerce Drive, Bakersfield, California (APN 331-
330-28 & 331-330-42). The property interests sought to be acquired for the
Project are more particularly described and depicted in Exhibits "1"
attached hereto and incorporated herein by reference (the "Property"); 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, 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:
56502763.0 ,. e4KF9
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ORIGINAL
I . 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 Exhibit 1 hereto
are the legal definitions, descriptions and depictions of the Property required for
the Project.
4. Findings. 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.
S. 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 Property subject to
such existing public use(s) pursuant to section 1240.510 of the California Code of
Civil Procedure.
6. 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
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ORIGINAL
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.
7. 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.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
July 18, 2018, by the following vote:
V ✓ V V
AYES: COUNCILMEMBER bt &I, 6013161<j tWwY1 Srni lry1 �u i lAYli<r�
NOES: COUNCILMEMBER '1
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER hL'ML,
APPROVED JUL 18 2010
By
KAREN GOH, Mayor
APPROVED AS TO FORM:
VIRGINIA NNARO, ity�Attorney
By
ANDREW HEGLUN
Deputy City Attorney
56502763.0
CHRISTOPHER 6kRRY, ACTING CITY CLERK
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
ORIGINAL
CERTIFICATE OF CITY CLERK
I, CHRISTOPHER GERRY, Acting Clerk of the C��}}'ty of Bakersfield, certify the
foregoing is the full and true Resolution No. I" - I% , passed and adopted by
the City Council of the City of Bakersfield at a regular meeting held on July 18,
2018.
CHRISTOPHER GE Y, ACTING CITY CLERK
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT 1
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ORIGINAL
FEE (87464-1)
The property interest to be acquired has been designated as Parcel 87464-1, which represents interests in portions
of the property located 5001 Commerce Drive, Bakersfield, California, 93309 bearing Kern County Assessor's Parcel
Numbers 331-330-28 & 331-330-42 (previously known as 020-600-08), as described more specifically in Exhibits Al
(legal description) and A2 (plat map) attached hereto, and which are incorporated herein by this reference
("Property").
The Property interest sought to be acquired consists of a "Fee". "Fee", also known as fee simple or fee simple
absolute, grants to the City of Bakersfield, absolute ownership of the property.
Excepting therefrom all oil, gas, and other minerals, within or underlying said land, or that may be produced and
saved therefrom, providing, however, grantor, his successors and assigns, shall not conduct drilling or other
operations upon the surface of said land, but nothing herein contained shall be deemed to prevent the grantor, his
successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands
and/or from conducting sub -surface drilling operations under said lands at a depth of 500 feet below the surface of
said land, so as not to disturb the surface of said land or any improvements thereon.
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ORIGINAL
EXHIBIT'Al'
LEGAL DESCRIPTION
Caltrans Parcel No. 87464-1
Acquisition: Fee
APN 020-600-08
Those portions of Parcel 'A' as described in Parcel Merger No, 13-0398 recorded April 17, 2014 as
Document No. 000214043068, Official Records of Kern County, located in Section 35,
Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County
of Kern, State of California, more particularly descrihed as follows:
Survey Control Line
Commencing at the most easterly corner of said Parcel 'A';
Thence along the northeasterly line of said Parcel 'A' North 56°21'57" West 11.22 feet to the beginning
of a Smvey Control Line and to a point hereinafter referred to as Point 'A';
Thence along said Survey Control Line South 42°44'58" West 9.08 feet to a point hereinafter referred to
as Point 'B';
Thence continuing South 42°44'58" West 10.50 feet to a point hereinafter referred to as Point 'C';
Thence continuing South 42°44'58" West 17.00 feet to a point hereinafter referred to as Point 'D';
Thence continuing South 42°44'58" West 9.00 feet to a point hereinafter referred to as Point IF%
Thence continuing South 42°44'58" West 17.00 feet to a point hereinafter referred to as Point IV;
Thence continuing South 42044'58" West 15.50 feet to a point hereinafter referred to as Point 4G';
Thence continuing South 42044'58" West 17.00 feet to a point hereinafter referred to as Point 'H';
Thence continuing South 4244'58" West 15.00 feet to a paint hereinafter referred to as Point III;
Thence continuing South 42°44'58" West 17.00 feet to a point hereinafter referred to as Point 'J';
Thence continuing South 42°44'58" West 14.79 feet to the Point of Termination.
R:\40PC010101\SURVEY\LEGALS\87464\87464-1 Exhibit Al FEE.docx Page 1 of
STRIP #1
A strip of land 20.50 feet wide lying 10.25 feet on each side of the following described line;
Beginning at the above described Point'A';
Thence along the above described Survey Control Line South 42°44'58" West 9.08 feet to the above
described Point 'B' and the Point of Termination.
The sidelines of said strip shall be prolonged or shortened so as to terminate at the northeasterly line of
said land.
The above described parcel contains 186 square feet more or less.
STREP #2
A strip of land 20,50 feet wide lying 10.25 feet on each side of the following described line;
Beginning at the above described Point 'C';
Thence along the above described Survey Control Line South 42°44'58" West 17.00 feet to the above
described Point 9Y and the Point of Termination.
The above described parcel contains 349 square feet more or less.
STRIP #3
A strip of land 20.50 feet wide lying 10.25 feet on each side of the following described line;
Beginning at the above described Point 'E';
Thence along the above described Survey Control Line South 42044'58" West 17.00 feet to the above
described
Point 'F' and the Point of Termination.
The above described parcel contains 349 square feet more or less.
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C?IGINAI.
STRIP #4
A strip of land 20.50 feet wide lying 10.25 feet on each side of the following described line;
Beginning at the above described Point 'G';
Thence along the above described Survey Control l..ine South 42044'58" West 17.00 feet to the above
described Point'H' and the Point of Termination.
The above described parcel contains 349 square feet more or less.
STRIP #5
A strip of land 20.50 feet wide lying 10.25 feel on each side of the following described line;
Beginning at the above described Point '1';
Thence along the above described Survey Control Line South 42°44'58" West 17.00 feet to the above
described Point 'Y and the Point of Termination.
The above described parcel contains 349 square feet more or less.
This conveyance is made for the propose of a freeway and the GRANTOR hereby releases and relinquishes
to the GRANTEE, and its successors and assigns, any and all abutter's rights of access, appurtenant to
GRANTOR's remaining property.
The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the
California Coordinate System of 1983 (CCS83), Zone V, 2004.00 Epoch.
This legal description is not intended for use in the division and m conveyance of land in violation of the
subdivision map act of the State of California.
See plat attached hereto as Exhibit 'AT and by this reference made a part hereof
prepared under the direction of:
fSe"an)S"mfth
Sean M. Smith, PLS No. 8233 Date:
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LORIGINAL
PARCEL # TITLE AREA APN
87464-1 FEE 1582 SF. 020-600-08
I i
/
/
i H
I � I
/ 0' 30' 60'
N �
SCALE: 1 "-60'
NORTHWEST APN: 332-256-05
SECTION
CORN35 �) p'S � v PROPOSED R//W
/ n A
i
NORTHEASTERLY
i PARCEL M 'A' LINE PARCEL 'A:/ /
'yam PARCEL MERGER
No. OOD2148
i DOC. No. 000214043068
10E1 REC. APR. 17, 2014 O.R. _f
{ I APN: 020-600-08
`�y,�a II, a74sa-1
N57-57'271_�'� SEE DETAIL
(R) SHEET 2 4
PROPOSED R/W
WESTERLY II yati /
LINE SEC. 35_�
LEGEND
® CALTRANS PARCEL NUMBER II
t� LIMITS OF DESCRIPTION
EXISTING RIGHT OF WAY
--- ABANDONED RIGHT OF WAY /
- - - - RECORD PROPERTY LINES II 1 /
EASEMENT AS NOTED
(PCC) INDICATES REVERSE CURVE
(R) INDICATES RADIAL BEARING bili7il I R'L�E �4,
P.O.C. POINT OF COMMENCEMENT
P.O.T. POINT OF TERMINATION
NOTES SEC.35Mp.M&M
THE BASIS OF BEARINGS FOR THIS
SURVEY ARE BASED UPON THE
NORTH AMERICAN DATUM OF 1983
(NAD83) OF THE CALIFORNIA
COORDINATE SYSTEM OF 1983
(CCS83), ZONE V. 2004.00 EPOCH.
THE DISTANCES SHOWN HEREIN ARE
GRID DISTANCES, GROUND DISTANCES
MAY BE OBTAINED BY DIVIDING GRID
DISTANCES BY THE COMBINATION
FACTOR OF 0.99996406,
M A S
W0. 210
..9.eem...rnm
N56'21'57"W
11.22'
y P.O.C.
MOST E'LY COR.
PARCEL 'A'
STRIP $1
AREA: 186 SF.
STRIP p2
AREA: 349 SF.
STRIP $3
AREA: 349 SF.
STRIP #4
AREA: 349 SF.
STRIP /5
Y AREA: 349 SF.
NOTES*
�d U
o/ p.
Q=o ((7
NOTES: U
1++iL INDICATES ABUTTER'S RIGHTS
OF ACCESS.
( ) INDICATES RECORD DATA
PER PARCEL MAP No. 9299
P.M.B. 44/91-92
O 10' WIDE SEWER EASEMENT PER PARCEL MAP No. 9299,
OP.M.B. 44/91-92
p EASEMENT FOR SEWER AND INCIDENTAL PURPOSES PER
BOOK 6757, PAGE 131
DISTRICT I COUNTY
E
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LINE TABLE
LINE #
DIRECTION
LENGTH
L7
S42'44'58'W
9.08'
L2
S42'44'58"W
10.50'
L3
S42'44'58"W
17.00'
L4
S42'44'58"W
9.00'
L5
S42'44'58"W
17.00'
L6
S42'44'58"W
15.50'
17
S42'44'58"W
17.00'
LB
S42 -44'58"W
15.00'
L9
S42'44'58"W
17.00'
L10
S42'44'58"W
14.79'
1582 SF. I
SURVEY CONTROL
POINT 'A'
POINT
'B'-
POINT
B'
-
A\�
PO
POINT 'G'
POINT H'�
POINT T
POINT 'X
C XXX ]
CALTRANS PARCEL NUMBER
O
LIMRS OF DESCRIPTION
EXISTING RIGHT OF WAY
---
ABANDONED RIGHT OF WAY
- - - -
RECORD PROPERTY LINES
—
EASEMENT AS NOTED
(PCC)
INDICATES REVERSE CURVE
(R)
INDICATES RADIAL BEARING
P.O.C.
POINT OF COMMENCEMENT
P.O.T.
POINT OF TERMINATION
NORTH AMERICAN DATUM OF 1983
(NAD83) OF THE CALIFORNIA
COORDINATE SYSTEM OF 1983
(CCS83). ZONE V, 2004.00 EPOCH.
THE DISTANCES SHOWN HEREIN ARE
GRID DISTANCES, GROUND DISTANCES
MAY BE OBTAINED BY DIVIDING GRID
DISTANCES BY THE COMBINATION
FACTOR OF 0.99996406.
PREPARED BY:
PSOMAS
Rmltla CoMwia 920710
�` STRIP #4
10 AREA: 349 SF.
STRIP #5
AREA: 349 SF.
SURVEY
CONTROL
UNE
T
N
0' 15' 30'
SCALE: 1"=30'
NOTES:
u++i INDICATES ABUTTER'S RIGHTS
OF ACCESS.
I DISTRICT I COUNT/ I ROUTE I PREPARED BY I SHEET NO. I TOTAL SHEETS I
r
v �
ORIGINAL
N56'21'57"W
11.22'
P.O.C.
MOST E'LY COR.
PARCEL 'A'
ti
STRIP HT1 .
?
/
AREA: 186 SF.
STRIP
#2
20 AREA:
349 SF.
so.
STRIP 3
3
AREA: 349 SF.
�` STRIP #4
10 AREA: 349 SF.
STRIP #5
AREA: 349 SF.
SURVEY
CONTROL
UNE
T
N
0' 15' 30'
SCALE: 1"=30'
NOTES:
u++i INDICATES ABUTTER'S RIGHTS
OF ACCESS.
I DISTRICT I COUNT/ I ROUTE I PREPARED BY I SHEET NO. I TOTAL SHEETS I
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ORIGINAL
AERIAL EASEMENT J87464-2)
The property interest to be acquired from grantor has been designated as Parcel 87464-2, which represents
interests in portions of the property located at 5001 Commerce Drive, Bakersfield, California, bearing Kern County
Assessor's Parcel Numbers 331-330-28 & 331-330-42 (previously known as 020-600-08), as described more
specifically in Exhibits Al (legal description) and A2 (plat map) attached hereto, and which are incorporated herein
by this reference ("Property").
The Property consists of an aerial easement ("Al and right of way for the purpose of constructing,
reconstructing, upgrading, replacing, removing, inspecting, maintaining, retrofitting, widening, repairing and
operating an overhead bridge and highway for use as a public crossing, along with all necessary supporting
columns, footings and appurtenances thereto (collectively, Structure), together with all abutter's rights of access
to and from grantor's remaining property to the Structure.
RESERVING unto grantor, its successors and assigns, lessees and licensees all rights in and to the airspace at an
elevation higher than a plane parallel with and 30 feet above the roadway surface of the Structure as originally
constructed, provided, that the use of such space shall not interfere with the enjoyment, safety and compatibility
of the Structure, provided further, that grantor, its lessees and/or licensees shall first secure such encroachment
permits as may be required by law, free of charge, which permits shall not be unreasonably withheld.
Encroachment permits issued to grantor or its subsidiaries or affiliated companies shall have designated across the
face thereof "For Notice of Record Purposes Only"; provided however, that in case of any subsequent conveyance
by grantor, Its subsidiaries or affiliated companies, such facilities and installations shall be subject to a standard
encroachment permit.
ALSO RESERVING unto grantor, its successors and assigns, the general right to use and enjoy the area of land under
the Structure described herein. The general right to use and enjoy the land by grantor, its successors and assigns,
shall however, be subject to the following limitations and conditions:
1. No use may be made of the area of land within the easement described herein which would
impair the full use and safety of the Structure, or would otherwise interfere with the free flaw of traffic
thereon or would unreasonably impair the maintenance thereof.
2. No use may be made of the area of land within the easement described herein for the
manufacture or storage of flammable, volatile, explosive or corrosive substances, and such substances
shall not be brought onto the land except in such quantities as are normally required for the maintenance
operations of occupants of the land and except as may be transported by rail or pipelines. Installation of
any pipelines carrying volatile substances shall have the written approval of grantee as to the safety and
compatibility with the easement and such discretion shall not be exercised in a capricious or arbitrary
manner. The use of any such substances shall be in conformance with all applicable code requirements.
3. No hazardous or unreasonably objectionable smoke, fumes, vapors, dust or odors shall be
permitted, which would adversely affect the use or maintenance of the Structure or the traveling public
thereon.
4. No building of combustible construction shall hereafter be constructed on the area of land under
the Structure described herein. Grantee shall be given the opportunity to review and approve plans for
any construction within the easement area 60 days prior to the construction. No buildings, no permanent
structures, and no advertising displays, may be constructed within 8 feet of the undersides nor within 15
feet (measured horizontally) of the sides of the Structure without the express written approval of grantee.
Grantee shall have the discretion to determine whether such proposed construction will be inimical to or
incompatible with the full enjoyment of the public rights in the easement or against the public interest,
but such discretion shall not be exercised in a capricious or arbitrary manner.
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ORIGINAL
5. The State of California Department of Transportation and it successors and assigns ("State"), at
Its sole expense, shall maintain, repair and reconstruct, or cause to be maintained, repaired and
reconstructed the entire Structure Including, without limitation. If any inspection, maintenance, repairs,
reconstruction or replacement of the Structure require State or its contractor to enter upon and use any
portion of the Property, or if such work could jeopardize the safety of personal property, personnel and
equipment beneath the Structure, such as, but not limited to, falling concrete or other debris, the State or
its contractor shall provide 48 hour notice to close off the area prior to commencing any such work.
EXCEPTING AND RESERVING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights,
and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove
described, together with the perpetual right of drilling, mining, exploring and operating therefore and removing
the same from the land or any other land, including the right to whipstock or directionally drill and mine from
lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the
subsurface of the land hereinabove described, and to bottom such whipstock or directionally drilled wells, tunnels
and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain,
repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, explore and
operate through the surface or the upper 100 feet of the subsurface of the land hereinabove described or
otherwise in such manner as to endanger the safety of the Structure constructed on the lands.
Grantee may further assign and transfer its rights hereunder, in whole or in part, to the State of California,
Department of Transportation, having responsibilities requiring access to said easement.
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DFUGINAL
EXHIBIT `AS'
LEGAL DESCRIPTION
Caltrans Parcel No. 87464-2
Acquisition: Aerial Easement
APN 020-600-08
That portion of Parcel `A' as described in Parcel Merger No. 13-0398 recorded April 17, 2014 as
Document No. 000214043068, Official Records of Kern County, located in Section 26 and Section 35,
Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield,
County of Kern, State of California, more particularly described as follows:
Commencing at the northwest comer of said Section 35 as shown on Parcel Map No. 9299, filed in
Book 44, pages 91 and 92, of Parcel Maps, records of said County;
Thence along the westerly line of said Section 35 South 00°56'40" West 38.18 feet to the southeasterly
line of Commerce Drive (30 foot half -width) as shown on said Parcel Map;
Thence along said southeasterly line North 52'43'51" Last 3.78 feet to the Point of Beginning;
Thence continuing along said line North 52°43'51" East 100.25 feet to the northeasterly line of said land;
Thence along said northeasterly and the southeasterly lines of said land the following three (3) courses;
1. South 01'00'08" West 26.09 feet;
2. South 56°21'57" East 139.66 feet;
3. South 27°50'08" West 165.24 feet to the beginning of a non -tangent curve, concave southwesterly.
having a radius of 19908.99 feet, aline radial to said beginning bears North 59°32'18" East;
Thence northwesterly along said curve an arc length of 42.92 feet, through a. central angle of 00°07'25' to
the beginning of a non -tangent compound curve, concave southwesterly having a radius of 2254.00 feet, a
line radial to said beginning bears North 59°20'59" East;
Thence northwesterly along said curve an are length of 141.63 feet, through a central angle of 03°36'01"
to the beginning of a non -tangent compound curve, concave southwesterly having a radius of 2239.21 feet,
a line radial to said beginning bears North 57°57'27" East;
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Thence northwesterly along said curve an are length of 38.42 feet, through a central angle of 00°58'59" to
the Point of Beginning.
The above described parcel contains 21,804 square feet more or less
This conveyance is made for die purpose of a freeway and the GRANTOR hereby releases and relinquishes
to the GRANTEE, and its successors and assigns, any and all abutter's rights of access, appurtenant to
GRANTOR's remaining pmperty.
The Basis of Bearings for this so, vey are based upon the North American Datu n of 1983 (NAD83) of the
California Coordinate System of 1983 (CCS83), Zone V, 2004,00 Epoch.
This legal description is not intended for use in the division and or conveyance of land in violation of the
subdivision map act of the Slate of California.
See plat attached hereto as Exhibit `A2' and by this reference made a part hereof
Prepared under the direction of:
Sean M. Smith, PLS No. 8233
Date:
Seen M. Smith
No. 8233
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I PARCEL # I TITLE I AREA I APN J
ND WL
0.
00' �
P.O.B.
WESTERLY
LINE*0 �
SEC. 35 � i
N52'43'51"E
3.78'___- P.O.C.
NORTHWEST
CORNER
SECTION 35
SF.
N
I
d.l��A�G SCALE: 1"-60'
5G
��. APN: 332-256-05
��- NORTHEA
PARCEL
,5tP i 38.18' 11 U5 ® P 7J
b}v o� N_57_57'27"E_ 9
?' SEE DETAIL PARCEL 'A'
PQ g'Lp HEREON �� (R) PARCEL MERGER
ZLINE
NO. 13-0398
P.O.B. I I DOC. Na. 000214043068
REC. APR. 17, 2014 D.R,APN: 020-600-08/
330-282 TERLYEC. 35 N I I P�POSED / d
LEGEND R
® OALTRANS PARCEL NUMBER II N59'20'S9"E
00
LIMITS OF DESCRIPTION (PCC)
DOSDNG RIGHT OF WAY
- - - ABANDONED RIGHT OF WAY
- -- - RECORD PROPERTY UNES
EASEMENT AS NOTED X� _3;'gL'E_ ---
(R) -'
() INDICATES REVERSE CURVE N59INDICATES RADIAL BEARING �JSIii I (R)
P.O.B. POINT OF BEGINNINGS.,
1'29S., R.27E'
P.O.C. POINT OF COMMENCEMENT
NOTES M p M,&M
THE BASIS OF BEARINGS FOR THIS
NORTH AMERICAN DATUM OF 1983
(NAD83) OF THE CALIFORNIA
COORDINATE SYSTEM OF 1983
(CCS93), ZONE V, 2004.00 EPOCH.
THE DISTANCES SHOWN HEREIN ARE
GRID DISTANCES, GROUND DISTANCES
MAY BE OBTAINED BY DIVIDING GRID
DISTANCES BY THE COMBINATION
FACTOR OF 0.99996406.
PREPARED BY:
PSOMAS
150DIowa A.nu�. WW 210
Rpenle., Callfamlu 92507
CURVE TABLE
CURVE#
RADIUS
DELTA
LENGTH
C1
19908.99'
00'07'25'
42.92'
C2
2254.00'
03'36'01"
141.63'
C3
2239.21'
00'58'59"
38.42'
R/W
_ SEC. 26
7 SEC. 35
/
4s
S
v
ryo
0
U a2'
P
NOTES:
INDICATES ABUTTER'S RIGHTS
OF ACCESS.
( ) INDICATES RECORD DATA
PER PARCEL MAP No. 9299
P.M.B. 44/91-92
Oj 10'WIDE SEWER EASEMENT PER
P.M. 9299 BK. 44/91-92
2 EASEMENT FOR SEWER AND
INCIDENTAL PURPOSE PER BK.
6757 PG. 131 EASEMENT PER
P.M. 9299 BK. 44/91-92
O 10'WIDE SLOPE EASEMENT PER
P.M. 9299 BK. 44/91-92
Oq EASEMENT FOR PUBLIC UTILITIE'.
AND INCIDENTAL PURPOSES PE'.
BK. 5799 PG. 489
OPUBLIC UTILITY EASEMENT PER
P.M. 8385. BK, 96. PG. 8
COUNTY I ROUTE I PREPARED BY
0 C
OMIOINAL
TEMPORARY CONSTRUCTION EASEMENT (97464d)
The property interest to be acquired has been designated as Parcel 87464-3, which represents interests in portions
of the property located at 5001 Commerce Drive, Bakersfield, California, bearing Kern County Assessor's Parcel
Numbers 331-330-28 & 331-330-42 (previously known as 020-600-08), as described more specifically in Exhibits Al
(legal description) and A2 (plat map) attached hereto, and which are incorporated herein by this reference
("Property').
The Property consists of a temporary construction easement ("TCE"), over, under, on, in, across, along, and
through the area designated in Exhibits A and B as the Temporary Construction Easement ('TCE Area"), for the
purpose of all necessary and convenient activities associated with the construction of the Centennial Corridor
Improvement Project. The TCE shall continue for a period of not more than thirty-six (36) months ("Term"). The
Term shall commence on the date City is provided physical possession of the Property whether pursuant to an
Order for Prejudgment Possession or by agreement of the parties ("Commencement Date"), and shall terminate
thirty-six (36) months from the Commencement Date of the TCE ("TCE Term"). Despite a thirty-six (36) month TCE
Term, City will physically occupy the TCE Area and engage in actual construction activities for only eighteen (18)
consecutive months within the TCE Term ("Use Period"), which occupancy and Use Period shall commence by
providing seven (7) days advance written notice of City's intent to commence construction activities within the TCE
Area. With the exception of reasonable access provided to the owner to maintain any existing electrical, water or
other utility facilities, City shall have exclusive use of the TCE Area during the Use Period, but shall not physically
occupy or use the TCE Area except during the Use Period.
During the Use Period, the TCE shall include, without limitation, the right and privilege of City and its employees,
agents, representatives, contractors, subcontractors and workmen to (i) perform all activities within the TCE Area
as may be necessary to facilitate the purposes of the TCE, (ii) use, control and occupy the TCE Area, (iii) use and
temporarily place and operate tools, equipment, machinery, and materials on the TCE Area, and (iv) trim, cut, or
clear away any trees, brush, or other vegetation or flora, including, without limitation, the roots thereof, located
within the TCE Area. During the Use Period, the TCE Area will be protected, maintained and kept clean during
construction to ensure that the visual identity and character of the adjacent property is not impacted by the
construction activities within the TCE Area.
With the exception of the Use Period, owner shall retain use of the TCE Area during the remainder of the TCE Term
subject to the following: Owner its heirs, successors and assigns, including, without limitation, any voluntary and
involuntary successors) -in -interest, shall not, without the express prior written consent of City (which may be
granted or withheld in City's sole and unfettered discretion), erect, place, or maintain any improvement, or
undertake any other activity, over, above, on, under, in, across, along, through or about the TCE Area which may
interfere with City's use of the TCE Area during the Use Period; and Owner shall not permit the erection,
placement, or maintenance of any improvement, or undertaking of any other activity in the TCE Area, which may
Interfere with the use of the TCE Area during the Use Period by City or anyone claiming or using the TCE Area by,
through or under City, including, without limitation, the erection of any building, wall, fence, structure or other
improvement within the TCE Area.
Upon expiration of the Use Period, the TCE Area shall be returned to owner as a graded dirt lot for owner to
replace and reconstruct parking area improvements. Owner will be compensated for any damage to existing
improvements, facilities, and landscaping, including hardscaping, trees, plants, shrubs and other greenery, in the
TCE area.
of gAKF9,n
56321598. vt > '�
f -
o c
OflIQINgI
EXHIBIT `AL'
LEGAL DESCRIPTION
Caltrans Parcel No. 07464-3
Acquisition: Temporary Construction Easement
APN 020-600-08
That portion of Parcel `A' as described in Parcel Merger No. 13-0398 recorded April 17, 2014 as
Document No. 000214043068, Official Records of Kem County, located in Section 26 and Section 35,
Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield,
County of Kenn, State of California, more particularly described as follows;
Commencing at the northwest corner of said Section 35 as shown on Parcel Map No. 9299, filed in
Book 44, pages 91 and 92, of Parcel Maps, records of said County;
Thence along the westerly line of said Section 35 South 00°56'40" West 38.18 feet to the southeasterly
line of Commerce Drive (30 foot half -width) as shown on said Parcel Map;
Thence along said southeasterly line North 52043'51" East 3.78 feet to the Point of Beginning;
Thence continuing along said line North 52143'51" East 100.25 feet to the northeasterly line of said land;
Thence along said northeasterly and the southeasterly lines of said land the following three (3) courses;
I. South 01°00'08" West 26.09 feet;
2. South 56°21'57' East 139.66 feet;
3. South 27°50'08" West 165.24 feet to the beginning of a non -tangent carve, concave southwesterly
having a rad ins of 19908.99 feel, a line radial to said beginning bears North 59°32'18" East;
Thence northwesterly along said curve an are length of 42.92 feet, through a central angle of 00°07'25" to
the beginning of a non -tangent compound curve, concave southwesterly having R radius of 2254.00 feet, a
line radial to said beginning bears North 59°20'59" East;
Thence northwesterly along said curve an arc length of 141.63 feet, through a central angle of 03°36'01"
to the beginning of a non -tangent compound curve, concave southwesterly having a radius of 2239.21 feet,
a line radial to said beginning bears North 57°57'27" East;
R:\40PC010101\SURVEY\LEGALS\87464\87464-3TCE Exhibit Al.docx Page l of 2
(aFUGINAL
Thence northwesterly along said curve an me length of 38.42 feet, through a central angle of 00°58'59" to
the Point of Beginning.
The above described pareel contains 21,804 square feet more or less.
The Basis of Bearings for this survey are based upon the Nmth American Datum of 1983 (NAD83) of the
California Coordinate System of 1983 (CCS83), Zone V, 2004.00 Epoch.
This legal description is not intended for use in the division and or conveyance of land in violation of the
subdivision map act of the State of California.
See plat attached hereto as Exhibit 'AT and by this reference made a part hereof.
Prepared ander the direction of:
car-- '(K swn M. Smith
Sean M. Smith, PLS No. 8233 Date: No. 8233
R:\40PC010101\SURVEY\LEGALS\87464\87464-3 TCE Exhibit Af.docx Page 2 oft
o�0AKF9s
F m
O LpRIp INA
AREA
AIL
NY T.S.
/� �10 p'$SryiM� iiillii / N
P.O.B.+J
WESTE NE C+ ��/ �,y �0{' 30' .�60'
SEC. 3� ` \ / CC/\{
N52'430.s�E C. SCALE: 1"®60'
3.78'---- P.O.C. pti ,bN / APN: 332-256-05
NORTHWEST 7ti •0.�
CORNER�� h�' �� PROPOSED
SEC. 27 SECTION 35 \ ooy S01o00'08'W R/W
4_ _ SEC. 28
- - - - - - NORTHEASTERLY SEC. 35
3 `rSs� PARCEL 'A'
p� SOO'56'40'WN11
38.18'ySEE DE�'cirNERP.OAPN: 331-33
r (2xf II
WESTERLY ''F•.II
LINE SEC. 35 PROPOSED
LEGEND I IIR/W
® CALTRANS PARCEL NUMBER I N5920'59
LIMITS OF DESCRIPTION (PCC)
DOSTIMG RIGHT OF WAY
- - - ABANDONED RIGHT OF WAY
- - - - RECORD PROPERTY LINES 1
EASEMENT AS NOTED xI�I
(PCC) INDICATES REVERSE CURVE LIILI -N,59
(R) INDICATES RADIAL BEARING ai ix I (R)
® 7`?9
=- PARCEL 'A'
R) PARCEL MERGER
N0, 13-0398
DOC. No. 000214043068
REC. APR. 17, 2014 O.R.
APN: 020-600-08/
tip
U
0
o�
/ d
a. 00
cj
P.O.B. POINT OF BEGINNING
ADIUS
IR27E•
P.O.C. POINT OF COMMENCEMENT
ff
908.99'
I 1.29S.,
42.92'
254.00'
SE '.35
NOTES
239.21'
THE BASIS OF BEARINGS FOR THIS
38.42'
M.D.M.&M
NORTH AMERICAN DATUM OF 1983
(NAD83) OF THE CALIFORNN
COORDINATE SYSTEM OF 1983
(CCS83), ZONE V, 2004.00 EPOCH.
THE DISTANCES SHOWN HEREIN ARE
GRID DISTANCES. GROUND DISTANCES
ANY BE OBTAINED BY DIVIDING GRID
DISTANCES BY THE COMBINATION
FACTOR OF 0.99996406.
5
CURVE TABLE
ADIUS
DELTA
LENGTH
ff
908.99'
00'07'25'
42.92'
254.00'
03'36'01"
141.63'
239.21'
00'58'59'
38.42'
NOTES:
i+++i INDICATES ABUTTER'S RIGHTS
OF ACCESS.
( ) INDICATES RECORD DATA
PER PARCEL MAP No. 9299
P.M.B. 44/91-92
0 10'WIDE SEWER EASEMENT PER
P.M. 9299 BK. 44/91-92
2 EASEMENT FOR SEWER AND
INCIDENTAL PURPOSE PER BK.
6757 PG. 131 EASEMENT PER
P.M. 9299 BK. 44/91-92
O 10'WIDE SLOPE EASEMENT PER
P.M. 9299 BK. 44/91-92
®EASEMENT FOR PUBLIC UTJUTIE
AND INCIDENTAL PURPOSES PEI
BK. 5799 PG. 489
OPUBLIC UTILITY EASEMENT PER
P.M. 8385. BK. 96. PG. 8
ORIGINAL