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HomeMy WebLinkAboutRES NO 55-97RESOLUTION NO. 55-97 A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE TAKING OF CERTAIN REAL PROPERTY REQUIRED FOR THE WIDENING OF THE INTERSECTION AT TRUXTUN AVENUE AND OAK STREET, ENABLING THE CITY TO CONDEMN THE SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS 1245.220 AND 1245.230. (WARD 5) WHEREAS, after notice and opportunity have been given to the property owner(s) at issue, the City Council of the City of Bakersfield hereby finds and determines as follows: 1. The intersection of Truxtun Avenue and Oak Street is one of the most heavily traveled intersections within the City of Bakersfield and needs to be widened in order to accommodate increasing traffic volumes; and 2. The Public Works Department of the City of Bakersfield has prepared a plan of works for the widening of the intersection of Truxtun Avenue and Oak Street (the "Project"); and 3. A legal description and a general plat map description of the subject property are attached as Exhibits "A"; and 4. The real property described and generally depicted in attached Exhibits "A" (the "subject property") is required for the completion of the Project; and 5. The City of Bakersfield has fully complied with Code of Civil Procedure section 1245.235 and now desires to adopt its resolution of necessity in compliance with Code of Civil Procedure section 1245.230; and 6. The City of Bakersfield previously determined that the Project is categorically exempt from the California Environmental Quality Act pursuant to section 21084 of the Public Resources Code and Section 15301 (c) of the State CEQA guidelines. A Notice of Exemption to such effect was posted by the County Clerk on August 8, 1994; and 7. The subject property is to be acquired for the layout, establishment, construction and maintenance of the Project. Section 1800 of the Streets and Highways Code authorizes the City to lay out, acquire, construct and maintain the Project. Section 37350.5 of the Government Code, Article III, section 12 of the Charter of the City of Bakersfield and section 1240.010 of the Code of Civil Procedure authorize the City of Bakersfield to acquire the subject property by eminent domain; and The public good, interest and necessity require the proposed project based on the following facts: (a) At present the intersection of Truxtun Avenue and Oak Street is offset with the west Truxtun Avenue leg (lanes) being narrower than the east Truxtun Avenue leg (lanes). Improvements on Truxtun Avenue east of Oak Street are sufficient to allow for dual westbound left turn lanes and a traffic study on record has determined the need for dual left turn lanes for eastbound travel as well. Said study also recommends a separate eastbound Truxtun Avenue right turn lane to southbound Oak Street. Acquisition of the property as proposed is necessary to facilitate this construction to ease heavy traffic flow, particularly during peak travel hours. The plans, specifications and design providing for construction of the road widening project are incorporated herein and made a part hereof. (b) Eastbound traffic volumes during the morning peak are critical at this intersection for access to the central business district. Westbound traffic volumes during the evening peak are critical at this intersection for access to northwest and southwest Bakersfield residential areas traveling from the central business district. At present the eastbound travel leg of Truxtun Avenue (east side of intersection) is underutilized due to the offset intersection condition described in (a). (c) The condemnation of the subject property is necessary to alleviate existing and projected public traffic flow and demand for the subject intersection. Said traffic flow and demand will increase due to further development, including the proposed construction of an arena addition to the convention center on Truxtun Avenue east of the intersection, as well as continued residential development in northwest and southwest Bakersfield. (d) The construction of the road widening project discussed herein has previously been approved by the City. Such approvals are incorporated herein and made a part hereof by this reference; and 9. The proposed project is planned and located in a manner that will provide the greatest public good and the least private injury. This finding is based on the following facts: (a) Facts stated in Section 8. above support the public good. (b) The property proposed to be acquired herein is the only property which will allow for the proper widening of the subject intersection, adding to the safety and convenience of public access; and 10. The property being acquired is necessary for the proposed project. This finding is based on the following facts: (a) The property to be condemned is located on the southwest corner of the subject intersection and the project is designed to improve traffic flow at what is one of the most heavily traveled intersections in the City. (b) Construction of a right turn lane to access Oak Street from eastbound Truxtun Avenue and dual left turn lanes for eastbound Truxtun Avenue at this intersection will substantially alleviate congestion for through travel accessing the central business district. (c) Existing congested traffic flow will be alleviated by the acquisition of this particular parcel of property so as to allow widening of roadway surfaces at this intersection; and 11. All information presented at the time of hearing in support of the findings set forth in Sections 8. through 10. herein is incorporated by this reference; and 12. The offer as required by Section 7257.2 of the Government Code has been made. This finding is based on the following facts: (a) Donald M. Anderson, the City of Bakersfield's Real Property Agent, conveyed the written offer required under Section 7267.2 of the Government Code to Guardsmen Storage Associates, a California limited Partnership, (William W. Brinton -- General Partner), owner of the subject property. That offer was dated April 25, 1996 and was based upon the appraisal of the property~ The property owners have rejected all offers given them by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. Each of the matters set forth above is true and correct and the City Council of the City of Bakersfield so finds and determines. 2. That the property described herein is required to complete the project. 3. That the City exercise its power under Code of Civil Procedure 1240.010 et seq., Government Code section 37350.5 and Article III, Section 12 of the Charter of the City of Bakersfield in acquiring the property discussed herein. 4. That City staff is authorized and directed to take any and all appropriate actions consistent with the purposes of this resolution, including, but not limited to, initiating proceedings in eminent domain to acquire the subject property, to obtain an order(s) for possession of the subject property, withdrawal of necessary compensation that will be awarded in the eminent domain proceedings and to take such other and further action as may be required to timely obtain the subject property for the project. I 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 MAR t~ ~ 1007 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, &MITH, McDERMOTT,'R~'cE~, SULLIVAN, SALV^G~IO A~ ,: COUNCILMEMBER ABSENT: COUNCIUvlEMBER APPROVED By BOB P~'ICE Mayor CITY CLERK AND EX OFF[I~;IO of the Council of the City of BakerYsfield APPROVED AS TO FORM: JUDY K. SKOUSEN CityAttorney By MICFIAEL G. ALLFORD / Assistant City Attorney MGA\bsb S:\COUNCIL~RES\TRUXOAK.RES -- January 31, 1997 EXHIBIT 'A' TRUXTUN AVENUE RIGHT OF WAY A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of the Southeast Quarter of Section 26, Township 29 South, Range 27 East, M.D.M., said parcel also being a portion of Parcel I of Parcel Map 1296 recorded August 30, 1973, in Book 6 of Parcel Maps at Page 195, in the Office of the County Recorder, being more particularly described as follows: Commencing at the northeast corner of said Parcel 1, THENCE southerly along the easterly boundary line of said parcel 1, the following 2 courses: South 04° 30' 52" West 24.84 feet: THENCE South 00° 04' 38" West 5.00 feet to the TRUE POINT OF BEGINNING. (1) THENCE continuing South 00° 04' 38" West, along said boundary hne 42.12 feet; ~2) THENCE North 22° 44' 32" West 22.87 feet to a point on a non-tangent curve concave to the Southwest having a radius of 2418.00 feet from which point the radial line of said curve bears South 04° 36' 45" West; (3) THENCE northwesterly along said curve through a central angle of 03° 40' 14" an arc distance of 154.91 feet; (4) THENCE North 83° 01' 55" West 91.39 feet: (5) 'ITIENCE North 87° 50' 24" West 28.75 feet to a point on a non-tangent curve concave to the Southeast having a radius of 20.00 feet from which point the radial hne of said curve bears South 59° 45' 19" East, said point also being on the northwesterly boundary of said parcel 1: (6) THENCE northeasterly along said curve, through a central angle of 59° 32' 21" an arc distance of 20.78 feet to a point on the south right-of-way line of Truxtun Avenue: (7) THENCE North 89° 47' 02" East along said right-of-way line, 161.68 feet to a point on a non-tangent curve concave to the southwest having a radius of 960.00 feet from which point the radial line of said curve bears South 00° 12' 58" East: (8) THENCE continuing along said right-of-way line southeasterly along said curve through a central angle of 05° 38' 38" an arc distance of 94.56 feet; (9) THENCE South 63° 06' 10" East 11.18 feet to the TRUE POINT OF BEGINNING. Containing 5,915 squared feet more or less. S: \TRXTNRO~. DES J J2-500- 11 S59'45'79'~ RAD JZ2-500-18 ~ C2 500'12'58"£ · C? AREA=5915.58 50. FE I Point so5~5'4o~ OAK STREET jJ2-500 07 ZJ2-500-20 SECTIBN LINE of Beginning SO0 '04 'J8 " ~/ 42. 12' 22 '44 'J2"// 22.87' - ©Z'4G':4" = 2418.00' = 77. - 154.9~' NSJ'01 '55"W 91.J9' L4 N87'50'24"W 28. 75' C2 20.00' 1L44' 20.?~' Lb N89~7'02'~ 15L68' ~ - 05~8'J8" R - 960.00' T = 4ZJ2' L -- 9456' L6 S6J'05 '10"E 11 18'