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HomeMy WebLinkAboutRES NO 88-97RESOLUTION NO. 8 8 ' 9 ? A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE TAKING OF CERTAIN REAL PROPERTY LOCATED IN AND ADJACENT TO THE KERN RIVER CHANNEL FOR PUBLIC RECREATION PURPOSES, 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 at issue, the City Council of the City of Bakersfield hereby finds and determines as follows: 1. The Yokuts Public Park Development has been recognized as necessary to the development of public park and recreation programs for the City of Bakersfield; and 2. The Yokuts Public Park Development is immediately south of and adjacent to the Kern River Parkway development, east of the 99 freeway over the Kern River Channel and the Beach Park recreation area in the City of Bakersfield; and 3. The Kern River Parkway has been recognized as necessary to the development of public park and recreation programs for the City of Bakersfield; and 4. The Kern River Plan Element was adopted by the City in July, 1985 as a part of the City's General Plan; and 5. The Kern River Parkway and final EIR therefor were adopted in November of 1988. The project site includes 1,400 acres along the Kern River Corridor between Manor Street and Stockdale Highway Bridge in the City of Bakersfield; and 6. The Kern River Parkway encompasses multiple public recreation uses, including public bicycle/jogging paths and equestrian trails; and 7. The property sought to be condemned herein consists of two contiguous parcels of land, identified as Parcels 3 and 4 on the Parcel Map attached as Exhibit "A", in and immediately adjacent to the Kern River Channel and Parkway area, and immediately adjacent to and within the Yokuts Public Park Development. Parcel 3 is located within the Kern River bottom and parcel 4 is located on the south bank of the Kern River Channel and is partially within the Yokuts Public Park Development; and 8. A legal description and general plat map description of the properties sought to be acquired are attached as Exhibits "A" and are incorporated herein by this reference; and 9. The real property described and generally depicted in attached Exhibits "A" (the "Subject Property") is required for the Kern River Parkway Project and Yokuts Public Park Development; and 10. The City of Bakersfield has fully complied with Code of Civil Procedure § 1245.235 and now desires to adopt its resolution of necessity in compliance with Code of Civil Procedure § 1245.230; and 11. The Kern River Parkway Project has been planned, and an Environmental Impact Report prepared, certified and adopted (which includes the Yokuts Public Park Development) by the City of Bakersfield in November of 1988 for the specific use of the land contemplated herein; and 12. The City of BakersfieLd, a charter law city, is authorized to exercise the power of eminent domain under the eminent domain law of the state of California, pursuant to Code of Civil Procedure § 1240.010, Government Code § 37350.5 and Article III, Section 12 of the Charter of the City of Bakersfield; and 13. The City Council of the City of Bakersfield has found and determined that the public interest and necessity require that the Subject Property be acquired to further develop the Kern River Parkway and to complete the Yokuts Public Park Development (the "Projects"); and 14. The Projects have been planned, approved and accepted in a manner compatible with the general welfare of the citizens of the City of Bakersfield and are being constructed so as to provide for the least amount of private injury; and 15. The public good, interest and necessity require the proposed Projects and acquisition based on the following facts: (a) The Kern River Parkway plan was adopted by the City Council of the City of Bakersfield in November, 1988. The project site includes 1,400 acres along the Kern River Corridor between Manor Street and Stockdale Highway Bridge in the City of Bakersfield. The Kern River Parkway includes a bicycle path/jogging trail for a total of twelve (12) miles of uninterrupted path, 8 miles of equestrian trails, 275 acres of natural and riparian land, a 460 acre educational studies area left in a natural habitat, and 15 acres of newly constructed Yokuts Park with group picnic areas and public playgrounds. (b) The Parkway serves four (4) primary purposes: (1) Flood control and water conservation; (2) Preservation and restoration of native riparian habitat; -- Page 2 of 6 Pages-- (3) Open space greenbelt and recreation; and (4) Active, ongoing public participation in a community project. (c) The Yokuts Public Park Development has been planned and adopted by the City Council of the City of Bakersfield as an integral part of the public park and recreational facilities available to the citizens of the City of Bakersfield. (d) Currently, a majority of the acreage in the Kern River Parkway plan is owned by the City of Bakersfield, the County of Kern or other public agencies. However, a few key parcels, including those sought to be acquired herein, are owned by private parties and must be acquired before the Kern River Parkway and trail system can be fully completed. (e) A joint resolution was unanimously adopted in December, 1996 between the Bakersfield City Council and the Kern County Water Agency that will increase the City's ability to provide recreation and recharge flows in the Kern River Channel through the Kern River Parkway during the high use summer season. 16. Condemnation of the Subject Property is necessary to further complete the Kern River Parkway plan and to fully complete the Yokuts Public Park Development, both of which were undertaken to further provide for public recreation and park facilities. The plans, specifications and design providing for the establishment of the Kern River Parkway and the Yokuts Public Park Development are incorporated herein and made a part hereof; and 17. The proposed Projects are 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 15 support the public good; (b) The property proposed to be acquired herein is critical to the full development and utilization of the Kern River Parkway Plan, adding to the safety and convenience of public access to the Kern River Channel and Yokuts Public Park Development; (c) Acquisition of the Kern Riverbed property (parcel 3) would eliminate a potentially dangerous sand and gravel mining operation located adjacent to high use public park and playground area (Yokuts Park); -- Page 3 of 6 Pages-- (d) The Kern Riverbed is immediately adjacent to and accessible from Yokuts Park which includes public recreation facilities for minors. Sand and gravel mining in the riverbed immediately adjacent to this park constitutes a potential safety hazard in that the river bottom may be subject to substantial differentiations in depth which would otherwise be unknown to recreational users; (e) Contiguous public access to the shoreline is needed along the south bank of the river channel to allow public use between Beach Park and the Kern River Parkway; (f) Acquisition would clear title and fee ownership issues in the operation of and access to existing Yokuts Park. Examples: which trees to trim, application of herbicides, trespassing by City employees or park visitors; (g) Acquisition would eliminate potential groundwater contamination by an old on-site water well (parcel 4). If acquired, the City could then properly abandon and seal the well column to prevent groundwater exposure to contamination. This action would also remove the hazard of electrical pumping equipment located adjacent to the Yokuts Park playground; and (h) The subject properties were designated for acquisition under the Kern River Parkway plan and Environmental Impact Report adopted in November, 1988. 18. The property sought to be acquired is necessary for the Kern River Parkway Project and Yokuts Public Park Development. This finding is based on the following facts: (a) The facts in sections 15 and 17 support a finding of necessity for the Projects; (b) The property sought to be condemned is located within the Kern River Basin (parcel 3) and has been specifically designated for acquisition under the Kern River Parkway Plan; and (c) The property sought to be condemned (parcel 4) is located on the south bank of the Kern River Channel and is partially within the Yokuts Public Park Development. 19. All information presented at the time of hearing in support of the findings set forth in sections 15, 17, 18 and 20 is incorporated by this reference; and -- Page 4 of 6 Pages-- 20. The offer as required by § 7267.2 of the Government Code has been made. This finding is made upon the following facts: Donald M. Anderson, the City of Bakersfield's Real Property Agent, conveyed the written offer as required under § 7267.2 of the Government Code to Mr. Fred Jones, owner of the subject property. That offer was dated April 22, 1997 and was based upon the appraisal of the property. The property owner has rejected all offers given him by the City. 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. III III III -- Page 5 of 6 Pages-- 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 M,~Y ~ ! 1997 by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON,'~&q~l, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED CITY CLERK AND EX OF CIO of the · . Councd of the C~ty of Bakersfield By O~iC/~ Mayor APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney MI,~HAEL G. ALLFORD / Assistant City Attorney MGA\bsb S:~COUNClL~RES\YOKUTS.RES -- May 22, 1997 -- Page 6 of 6 Pages-- EXHIBIT "A" DESCRIPTION OF ADDITIONAL LAND FOR YOKUTS PARK ;~; "~ , ~t A parcel of land being a portion of the northwest quarter of Section 26, Township 29 South, Range 27 East, M.D. M, City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the north quarter comer of said Section 26; Thence South 00© 50' 22" West, along the north/south mid-section line of said section, a distance of 2,649.19 feet to the center of said section and the TRUE POINT OF BEGINNING; Thence North 89° 09' 06" West, along the east/west mid-section line of said section, a distance of 248.89 feet to a point on the southeasterly bank of the Kern River; Thence continuing on and along said southeasterly river bank, the following eight (8) courses: Thence (1) North 33© 18' 27" East, 31.58 feet; Thence (2) North 39© 15' 17" East Thence (3) North 46© 06' 16" East Thence (4) North 48© 03' 42" East 37.69 feet; 74.07 feet; 38.53 feet; Thence (5) North 49© 20' 07" East, 42.35 feet; Thence (6) North 52© 40' 43" East Thence (7) North 61 o 43' 08" East Thence (8) North 59© 45' 02" East Section 26, 37.58 feet; 43.39 feet; 33.22 feet to a point on the north/south mid-section line of said Thence South 00° 50' 22" West, along said line to the TRUE POINT OF BEGINNING. Containing 0.744 acres (more or less) PARCEL 3 KERN RIVER PROPERTY A parcel of land being a portion of the northwest quarter of Section 26, Township 29 South, Range 27 East, M.D. M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the north quarter comer of said Section 26; Thence South 00° 50' 22" West, along the north/south mid-section line of said section, a distance of 2,649.19 feet to the center of said section; Thence North 89© 09' 06" West, along the east/west mid-section line of said section, a distance of 248.89 feet to a point on the southeasterly bank of the Kern River and the TRUE POINT OF BEGINNING; Thence Thence Thence Thence Thence Thence Thence Thence continuing on and along said southeasterly river bank, the following eight (8) courses: (1) North 33© 18' 27" East (2) North 39© 15' 17" East (3) North 46© 06' 16" East 31.58 feet; 37.69 feet; 74.07 feet; (4) North 48© 03' 42" East, 38.53 feet; (5) North 49© 20' 07" East, 42.35 feet; (6) North 52© 40' 43" East 37.58 feet; (7) North 61© 43' 08" East 43.39 feet; Thence (8)North 59© 45' 02" East, 33.22 feet to a point on the north/south mid-section line of said Section 26, Thence (9) North 00© 50' 22" East, along said line, 347.61 feet to a point on the northwesterly bank of the Kern River; Thence continuing on and along said northwesterly river bank, the following courses (10) through (22): Thence (10) South 56© 14' 05" West, 4.38 feet; -1- Thence (11) South 51° 03' 47" West, 95.35 feet: Thence (12) South 58° 15' 19" West 115.10 feet; Thence (13) South 61© 13' 22" West, 82.81 feet; Thence (14) South 59° 57' 17" West 40.52 feet; Thence (15) South 56° 53' 04" West, 70.49 feet; Thence (16) South 55© 52' 18" West 93.27 feet; Thence (17) South 43© 11' 15" West 124.58 feet; Thence (18) South 52© 03' 02" West, 93.92 feet; Thence (19) South 59© 45' 31' West 78.58 feet; Thence (20) South 56© 47' 47" West 86.14 feet; Thence (21) South 61° 24' 36" West, 80.52 feet; Thence (22) South 61© 33' 22" West, 25.07 feet to a point on the east/west mid-section line of said Section 26; Thence (23) South 89° 09' 06" East, 554.45 feet to the TRUE POINT OF BEGINNING. Containing 4.463 acres (more or less) -2- PARCEL MAP NI/2 OF SEC. ZO P,' .,I-4, 4/~q / /977/. E'4'." F ASSESSORS MAP cOUNTy OF KERN