HomeMy WebLinkAboutRES NO 144-03RESOLUTION NO. I 4 ' 0 3
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF AN INTEREST IN PROPERTY
(STREET RIGHT-OF-WAY) FOR WIDENING OF
COFFEE ROAD AND DOWNING AVENUE,
ENABLING THE CITY TO CONDEMN THE
SUBJECT PROPERTY INTEREST PURSUANT TO
CODE OF CIVIL PROCEDURE SECTIONS 1245.220
AND 1245.230.
WHEREAS, after notice and opportunity have been given to the property owner
at issue, the City Council of the City of Bakersfield, by vote of two-thirds or more of its
members, hereby finds and determines as follows:
1. Coffee Road is a major arterial street serving residents and businesses in
the City of Bakersfield. It is being widened at and south of its intersection with Downing
Avenue to better serve the public benefit and to enhance vehicular safety; and
2. The City of Bakersfield intends to widen, construct, operate, maintain,
repair and reconstruct Coffee Road and a portion of Downing Avenue at this location
with appurtenant and necessary surface and subsurface structures for public use, to
carry out and make effective the principal purpose pursuant to Code of Civil Procedure
section 1240.120(a) and, in connection therewith, acquire certain real property interests.
Said public use is a function of the City of Bakersfield which will provide for the
continuing health and welfare of City residents and allow for continuing
residential/commercial development and enhanced vehicular safety; and
3. By virtue of Article III, Section 12 of the City Charter, provisions of the
California Government Code (e.g., §§ 37350 and 373505) and Streets and Highways
Code (e.g., §§ 1810 and 5100 et seq.), the City of Bakersfield is authorized to acquire
the necessary property interest by eminent domain for this project; and
4. The Public Works Department of the City of Bakersfield has prepared a
plan of works for the widening of Coffee Road and Downing Avenue (the "Project"); and
5. A legal description of the subject property is attached as Exhibit "A" and
general plat maps, descriptions of the subject property and project are attached as
Exhibits "B", attached hereto and incorporated herein by reference; and
6. Street right-of-way easements on the real property described in attached
Exhibit "A" and generally depicted in Exhibits "B" (the "subject property") are required for
completion of the Project; and
-- Page 1 of 4 Pages --
ORIGINAL
7. The City of Bakersfield has fully complied with Code of Civil Procedure
section 1245.235 (Notice of Headng) and now desires to adopt its Resolution of
Necessity in compliance with Code of Civil Procedure section 1245.230; and
8. On July 2, 2003 there was mailed a Notice of Headng on the intent of City
of Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of
the property interests (street rights-of-way) described in Exhibits "A" and "B' herein,
which Notice of Hearing is attached hereto as Exhibit "C" and is incorporated herein by
this reference. Said Notice of Hearing was mailed to the entity whose name appeared
on the last equalized County Assessment Roll as having an interest in the property
described herein. Said Notice of Headng advised said entity and its representatives of
their right to be heard on the matters referred to therein on the date and at the time and
place stated therein; and
9. The proposed project for which this acquisition is made is categorically
exempt from CEQA under section 15301, Existing Facilities, Class 1(c). A certificate of
exemption will be filed; and
10. By Resolution, the Planning Commission for the County of Kern made a
General Plan consistency finding pursuant to Government Code section 65402 for
acquisition of the subject property interests. The contents of said Resolution are
incorporated as though fully set forth herein; and
11. The property interests are to be acquired for the layout, establishment,
construction, and maintenance of the Project. Article III, Section 12 of the Charter of the
City of Bakersfield and sections 1240.010 et seq. of the Code of Civil Procedure
authorize the City of Bakersfield to acquire the property interests by eminent domain;
and
12. The City Council of the City of Bakersfield hereby finds and determines
each of the following:
a. The public interest and necessity require the Project;
b. The Project is planned, approved, and accepted in a manner
compatible with the greatest public good and the least pdvate injury;
c. The subject property interests are necessary for the Project; and
d. The offer required by Government Code section 7267.2 has been
made to the owner of record of the subject property; and
13. Specific findings of fact supporting the City Council's determination herein
are set forth in Exhibit "D" attached hereto and made a part hereof, as well as other
evidence as may be presented at the time of the headng.
-- Page 2 of 4 Pages --
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. That 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 interests for the widening of Coffee Road and Downing
Avenue described herein are required to complete the Project.
3. That the City exercise its power under Code of Civil Procedure sections
1240.010 et seq. and Article III, Section 12 of the Charter of the City of Bakersfield in
acquiring the property interests 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 or any interest
therein, to obtain an order(s) for immediate possession of the 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 property or
any interest therein for said public uses and purposes.
.......... 000 .........
Page 3 of 4 Pages --
qR~INAL
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 JUL 3 0 Z003 ,
by the following vote:
AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
ABSTAIN:COUNCILMEMBER ~
ABSENT:COUNClLMEMBER ~
CLERK and Ex O~
Council of the City of Bakersfield
JUL .3 0 2003
APPROVED
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By
M~CHAEL 13. ALLFORI~
Deputy City Attorney
MGA:Isc
S:\COU NCIL\Resos\RON.PG&ECoffee. DOC
July 1, 2003
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CJR~INAL
EXHIBIT A
ORIGINAL
EXHIBIT 'A'
Being a portion of Section 21, Township 29 South, Range 27 East, M.D.M., in the
unincorporated area of the County of Kern, State of California, more particularly described as
follows:
Commencing at the west quarter comer of said section, shown on Parcel Map No. 8337 Phase 2,
recorded in Book 43 of Parcel Maps, Page 104 as filed in the Office of the Kern County
Recorder; Thence S00°35'08"W, also being the west section line, a distance of 41.06 feet;
Thence S89°24'52', E, a distance of 30.00 feet, to the point of the intersection of the existing east
fight of way line of Coffee Road and the existing south fight of way line of Downing Avenue,
also being the True Point of Beginning:
1)
2)
3)
4)
5)
6)
7)
Thence along said east right of way line S00°35'08',W, a distance of 60.00 feet;
Thence S89°~4'52"E, and parallel to the existing south right of way line of Downing
Avenue, a distance of 36.00 feet;
Thence N00°35' 08"E, a distance of 21.80 feet;
Thence N45°35'08,,E, a distance of 32.81 feet;
Thence S89°24'52,,E, a distance of 82.80 feet;
Thence N00°35'08,,E, a distance of 15.00 feet to the south right of way line of Downing
Avenue;
Thence along said right of way line, N89°24'52"W, a distance of 142.00 feet, to the
True Point of Beginning.
Contains 4,019.14 Square Feet, more or less.
EXHIBIT B
EXtlIBIT 'B '
WEST I/4 CORN£R OF
$£C770N ~7
T. 29 S~. R. 27 ~. A~Dkl --
E'ATSTiNG W~ST RIGHT OF WAY
LINE OF COIw.~,- ROAD
D~STING NORTH R]GHT OF' WAY
UNE OF DOFRVING A V~VU£
OF DOWNING A VETVUE
S O0'J~'08' W
$ 89'24'52' £
TRUE POINT
OF BEGINNING-
~'-- E)QS~NG ~,~ST RiGHT OF WAY
UNE OF CO~htt ROAD
4,019.14 SF MORE OR LESS
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EXHIBIT C
NOTICE OF HEARING REGARDING THE INTENT OF THE
BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION
OF NECESSITY TO ACQUIRE PROPERTY INTEREST BY
EMINENT DOMAIN FOR COFFEE ROAD AND DOWNING
AVENUE WIDENING
To:
Mr. Doug Snyder
Land Services
Pacific Gas & Electdc Co.
1918 "H" Street
Bakersfield, CA 93301
Cesar V. Alegria, Jr., Esq.
Pacific Gas & Electdc Co.
P.O. Box 7442
San Francisco, CA 94120
Re:
Notice of Hearing regarding adoption of a Resolution of Necessity to
acquire property interest for Coffee Road and Downing Avenue
widening, Bakersfield, California (APN 452-050-01, KernFraft
Regulator Site) by Eminent Domain
[California Code of Civil Procedure section 1245.235]
Dear Mr. Snyder and Mr. Allegda:
1. Notice of the Intent of the Bakersfield City Council to Adopt a Resolution of
Necessity. The Bakersfield City Council ("City") intends to consider the adoption of a
Resolution of Necessity on July 30, 2003 which, if adopted, will authorize the City to
acquire a property interest (for street right-of-away) for the widening of Coffee Road and
Downing Avenue on the property described herein, and depicted on Exhibits "A" and "B" to
the proposed Resolution of Necessity (attached) by eminent domain.
2. Notice of Your Right to Appear and Be Heard. Please take notice that the
Bakersfield City Council, at a regular meeting to be held on Wednesday, July 30, 2003, at
7:00 p.m. or as soon thereafter as the matter may be heard, at 1501 Truxtun Avenue,
Bakersfield, California 93301, will hold a hearing on whether such a Resolution of
Necessity should be adopted, as required by Code of Civil Procedure section 1245.220 for
the commencement of an eminent domain proceeding to acquire a property interest for the
widening of Coffee Road and Downing Avenue on your real property.
You have the right to appear and be heard before the City Council at the
above-scheduled hearing on the following issues, and to have the City Council give
judicious consideration to your testimony prior to deciding whether or not to adopt the
proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed acquisitions;
b. Whether the proposed acquisitions are planned or located in the manner that
will be most compatible with the greatest public good and the least private injury;
c. Whether the property interest sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project;
0R~GINA[
Page No. 2
d. Whether the offer required by Government Code section 7267.2(a), together
with an accompanying statement and summary of the basis for the amount established as
just compensation (or appraisal report(s)), was actually made to you and whether said offer
was in a form and contained all of the factual information required by Govemment Code
section 7267.2(a) (attached as Exhibit "C");
e. Whether the City has statutory authority to acquire the property interest by
eminent domain;
f. Whether the City has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property interest described herein.
The project for which this acquisition is made is categorically exempt from CEQA
under section 15301; Existing Facilities, Class 1(c). A "Notice of Exemption" will be filed.
The statute(s) which authorize the City of Bakersfield to acquire the property interest
by eminent domain for this project include, but are not limited to, Code of Civil Procedure
section 1240.010; Article III, Section 12 of the Bakersfield City Charter, California Streets
and Highways Code sections 1810 and 5100 et seq., and California Government Code
sections 37350 and 37350.5. Additional authority is set forth in the proposed Resolution of
Necessity attached hereto.
3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days After
this Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If
you desire to be heard, you must file a written request with the Clerk of the Bakersfield City
Council within fifteen (15) days after this Notice was mailed. You must file your request to
be heard at: Bakersfield City Clerk, 1501 Truxtun Avenue, Bakersfield, California 93301.
Should you elect to mail your request to the Clerk of the governing board, it must be
actually received by the clerk for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end of this Notice.
Califomia Code of Civil Procedure section 1245.235(b)(3) provides that "failure to
file a wdtten request to appear and be heard within fifteen (15) days after the Notice was
mailed will result in waiver of the dght to appear and be heard" on the above issues which
are the subject of the headng.
If you elect not to appear and be heard in regard to compensation, your
nonappearance will not be a waiver of your right to claim greater compensation in a
court of law. The amount to be paid for the property will not be considered by the
Council at this hearing.
The amount of the compensation to be paid for acquisition of the
property is not an issue being heard by the Bakersfield City Council at
this time. Your nonappearance at this noticed headng will not prevent
you from claiming greater compensation, in and as determined by a
court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between i ,~
you and the representatives of the City of Bakersfield on the amount .~ . ~ ~.
of compensation to be paid for your property. ~--
OR~INAt
Page No. 3
If you elect not to appear and not to be heard, your failure to appear will be
a waiver of your right to later challenge the right of the City of Bakersfield to take the
property interest by eminent domain.
If you elect not to appear and not to be heard, you will only be
foreclosed from raising in a court of law the issues which are the
subject of this noticed hearing and which are concerned with the dght
to take the property interest by eminent domain.
If the City of Bakersfield elects to adopt the Resolution of Necessity, then within
six months of the adoption of the Resolution, the City will commence eminent domain
proceedings in Supedor Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
Dated and served on July 2, 2003.
Very truly yours,
MICHAEL G. ALLFORD/
Deputy City Attomey
MGA:Isc
Attachments:
Exhibit "A": Proposed Resolution of Necessity
Exhibit "B": Offer Letter (with attachments)
Exhibit "C': Government Code section 7267.2(a)
CC:
Donald M. Anderson, Real Property Manager
Pamela McCarthy, City Clerk
S:',LIT~PG&E.COFFEE\CORR'~OTHEARiNG.RON.DOC
0RIGINAi
EXHIBIT D
Il.
FINDINGS OF FACT
The public good, interest, and necessity require the proposed project and the
acquisition of the necessary property interest based on the following facts:
The proposed project is to widen Coffee Road and Downing Avenue to
enhance traffic flow and safety and to promote continued development in
the northwest region of the City. The present roadway surfaces are
narrow at this location and for an approximate one-half mile distance to
the south to the detriment of public safety and reasonable, expected traffic
flow.
The new and widened road surfaces will be laid, constructed, maintained
and repaired by the City of Bakersfield and will require additional property
(street rights-of-way) for this placement. The property necessary for the
widened roads will only require an approximate 36 foot wide area along
the east side of Coffee Road and an additional 15 feet in width along the
south side of Downing Avenue, containing approximately 4,019 square
feet of land.
The improved intersection and streets will facilitate commercial
development which is planned for the west side of Coffee Road and the
currently vacant Coffee Road frontage parcel immediately southeast of
this intersection and north of the Friant-Kem Canal. A traffic signal light is
planned for the improved intersection which will also increase safety
factors for the motodng public. Additional frontage along Coffee Road will
be dedicated to the City by the developer for road widening purposes.
Acquisition of the subject property interests as part of completion of the
street widening project is necessary to provide expanded traffic service to
residents of the City of Bakersfield and provide for the public safety and
convenience by widening Coffee Road at this location consistent with its
width further north of this site.
The condemnation of the subject property interests is necessary to allow
widening of Coffee Road at this location (as part of the entire road
widening project). Construction of this project will enhance the existing
and expected increases in traffic flow along this heavily traveled corridor.
The plans, specifications and design providing for widening of Coffee
Road and Downing Avenue are incorporated herein and made a part
hereof.
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:
1. Facts stated in Section I above support the public good.
-- Page 1 of 3 Pages --
III.
Installation of the widened traffic lanes will require acquisition of an
interest in partially vacant property and the City shall relocate, as
necessary, any facilities currently used by the owner to operate an
underground gas line valve control station on the property.
The property over which rights-of-way are to be acquired is partially
vacant and utilized for an underground gas line valve control station and
will continue as such for the foreseeable future. Construction, placement
and maintenance of the widened roadway surfaces will not unduly
interfere with present or anticipated activities thereon.
At present, Coffee Road narrows at this location and for an approximate
one-quarter mile distance to the south on the east side of the street. (See
attached Exhibits "B" and the plan of construction incorporated herein.)
Acquisition of an approximate 36 foot strip on the east side of Coffee Road
and an approximate 15 foot strip along the south side of Downing Avenue
will be a minor alteration to an existing arterial, yet will increase traffic
safety and flow.
By Resolution, the Planning Commission of the County of Kern made a
finding of consistency with the General Plan pursuant to Government
Code section 65402 relative to acquisition of the subject property interests
for road widening. The contents thereof are incorporated as though fully
set forth herein.
The property being acquired is necessary for the proposed project. This finding
is based on the following facts:
The property interests to be condemned will allow completion of the
widening of Coffee Road to its preferred width and Downing Avenue to its
preferred width immediately east of its intersection with Coffee Road.
Existing roadway surfaces fronting this property and for an approximate
one-quarter mile distance to the south are unduly narrow which restrict
traffic flow when compared to the Coffee Road width further north of this
location. Infill of this condition will serve the public benefit, convenience
and safety.
The proposed alignments for this street widening through the condemned
property are sufficiently remote from the existing underground control
station facilities so as not to unduly interfere with same dudng either
construction or subsequent necessary maintenance, alterations or repair
to the roadway or its appurtenant facilities.
-- Page 2 of 3 Pages --
IV.
V=
All information presented at the time of the headng in support of the findings set
forth in Sections I through III herein is incorporated by this reference.
The offer to the property owner as required by section 7267.2 of the Government
Code has been made. This finding is based on the following facts:
John W. Simmons, the City of Bakersfield's Real Property Agent,
conveyed a written offer required under section 7267.2 of the Government
Code to Pacific Gas & Electdc Co. (c/o Doug Snyder, Land Agent), fee
owner of the subject property. The offer was dated May 19, 2003 and was
based upon an appraisal of the property by Randy K. Merdman, MAI, of
Karpe Fisher Merdman, Inc.
The property owner has rejected the offer given by the City.
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