HomeMy WebLinkAboutRES NO 17-96Resolution Mo. - 9 6
A RESOLUTION OF NECESSITY DECLARING
THE PUBLIC INTEREST AND NECESSITY FOR
THE TAKING OF CERTAIN REAL PROPERTY
REQUIRED FOR THE WIDENING OF THE
INTERSECTION OF STOCKDALE HIGHWAY AT
CALIFORNIA AVENUE/NEW STINE ROAD
WHEREAS, the intersection of Stockdale Highway at
California Avenue/New Stine Road 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
WHEREAS, the Public Works Department of the City of
Bakersfield has prepared a plan of works for the widening of the
intersection of Stockdale Highway at California Avenue/New Stine
Road (the "Project"); and
WHEREAS, the real property described in the attached
Exhibit A as Parcels A, B, C, E and G and generally depicted in
Exhibit B (the "subject property") and other lands are required
for the construction of the Project; and
WHEREAS, 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
WHEREAS, 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 a Notice of Exemption to such effect was
posted by the County Clerk on July 21, 1994;
NOW, THEREFORE, BE 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. The subject property is to be acquired for the lay
out, 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.
3. A legal description of the subject property is
attached as Exhibit A and plats of the subject property are
attached as Exhibit B.
4. 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 or located in the manner
that will be the most compatible with the greatest public
good and the least private injury;
(c) The subject property is necessary for the project;
(d) The offers required by Government Code section
7267.2 have been made to the owners of record of the subject
property.
5. The law firm of Kubs, Parker & Stanton, as special
counsel to the city of Bakersfield, is hereby authorized and
directed to commence, for and on behalf of the City of
Bakersfield, one or more proceedings in eminent domain to acquire
the subject property, to obtain an order or orders for possession
of the subject property, and to take such other and further
action as may be required to timely obtain the subject property
for the Project.
III
I HEREBY CERTIFY that the foregoing Resolution was passed and
=~e~M hv the Council of the Citv of Bakersfield at a regular
~v~ .... 1 -~ ~1~ by the following vote:
meeting thereof held on ,
AYES: COUNCILMEMBER D~VlOND, CARSON, SMITH, McI~ERMOTT, ROW!.EB, $ULUV~N,
NOES: COUNCILMEMBER .~
A~STAIN: C~E~ER
A~SENT: CO~CI~EMBER ~
~/'-~'~'~" ~' ~{~'~'~/~ 0 of the
AssistantciTy CLERK and' EX O~ICI
Council of the Cit~of Bakersfield
APPROVED ~ ~ 4 1ROR
MA]~OR of the City of~Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
Assistant City--7~tt~rney
City of Bakersfield
ADD/meg
- 3 -
Keith and Victoria Adams, Trustee
Parcel A
EXHIBIT "A"
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California being a portion of Section 3, Township 30
South, Range 27 East, M. D. B. & M. more particularly described as
follows:
Beginning at the southwest corner of Parcel "A" of Parcel Map 768
filed February 9th, 1973 in Book 4 of Parcel Maps at Page 146 in
the office of the Kern County. Re~order;
Thence (1) North 0'29'01" West along the west line of said Parcel
"A", said line also being the east right-of-way line of New Stine
Road, a distance of 193.00 feet to the'northwest corner of said
Parcel "A";
Thence (2) North 89'30'59" East along the north line of said Parcel
"A", a distance of 7.00 feet;
Thence (3) South 1'35'37" West, a distance of 193.13 fe.et to the
point of beginning.
Containing 675.5 square feet, more or less.
Village Owners Association
Parcel B
EXHIBIT "A"
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California being a portion of Section 3, Township 30
South, Range 27 East, M.D. B. & M. more particularly described as
follows:
Beginning at the northwest corner of Parcel "A" of Parcel Map 768
filed February 9th, 1973 in Book 4 of Parcel Maps at Page 146 in
the office of the Kern County Recorder;
Thence (1) North 0'29'01" West along the west line of Parcel "B" of
said Parcel Map 768, said line also being the east right-of-way
line of New Stine Road, a distance of 28.84 feet to a point on the
north line of said Parcel "B";
Thence (2) North 89'56'12" East along the last named north line of
Parcel "B", a distance of 7.00 feet;
Thence (3) South 0'29'01" East, a distance of 28.79 feet to a point
on the north line of said Parcel "A", said line also being the
south line of said Parcel "B";
Thence (4) North 89'30'59" East along the last named south line of
Parcel "B", a distance of 7.00 feet to the point of beginning.
Containing 201.7 square feet, more or less.
Hazel E. Ewing, Trustee
Parcel C
EXHIBIT "A"
A parcel of land situated in the City of Bakersfield', County of
Kern, State of California being a portion of Section 3, Township 30
South, Range 27 East, M.D. B. & M. more particularly described as
follows:
Beginning at the southwest corner of Parcel "A" of Parcel Map 921
filed March 21st, 1973 in Book 5 of Parcel Maps at Page 24 in the
office of the Kern County Recorder;
Thence (15 North 0'31'42" East alQng the west line of Said Parcel
"A", said line also being the east right-of-way line of New Stine
Road, a distance of 129.85 feet to the beginning of a tangent
horizontal curve;
Thence (2) along~the last named tangent horizontal curve having a
radius of 20 feet through a central angle of 90'25'27" concave to
the southeast, and arc length of 31.56 feet to a point on the north
line of said Parcel "A", said line also being the south right-of-
way line of Stockdale Highway;
Thence (3) South 89'02'51" East along the last named north line of
Parcel "A", a distance of 6.85 feet;
Thence (4) South 45'44'26" West, a distance of 28.18 feet;
Thence (5) South 0'31'42" West, a-distance of 130.00 feet to a
point on the south line of said Parcel "A";
Thence (6) North 89'02'51" West along the last named south line of
Parcel "A", a distance of 7.00 feet to the point of beginning.
Containing 1162.7 square feet, more or less.
E.C. Reid Trust
Par~:el E
EXI{IBIT "A"
A parcel of land situated in the city of Bakersfield, County of
Kern, State of California being a portion of Section 34, Township
29 South, Range 27 East, M.D. B. & M. more particularly described
as follows:
Beginning at the northwest corner of Parcel "B" of Parcel Map 3780
filed October 29th, 1976 in Book 17 of Parcel Maps at Page 12 in
the office of the Kern County Recorder;
Thence (1) North 89'56'03" East, a distance of 2.94 feet;
Thence (2) South 2'12'48" East, a distance of 55.08 feet;
Thence (3) South 0°03'57" East, a distance of 193.00 feet;
Thence (4) South 45'03'54" East, a distance of 28.29 feet;
Thence (5) North 89°56'08" East, a distance of 225.27 feet to a
point on the east line of said Parcel "B";
Thence (6) South 0'03'57" East along the last named east line of
Parcel "B", a distance of 12.00 feet to a point on the south line
of said Parcel "B", said line also being the north right-of-way
line of Stockdale Highway;
Thence (7) South 89'56'08" West along the last named south line of
Parcel "B", a distance of 230.27 feet to the beginning of a tangent
horizontal curve;
Thence (8) along the last named horizontal curve with a radius of
20 feet through a central angle of 89°59'55" concave to the
northeast, an arc distance of 31.42 feet to a point on the west
line of said Parcel "B", said line also being the east right-of-way
line of California Avenue;
Thence (9) North 0°03'57" West along the last named west line of
said Parcel "B", a distance of 260.04 feet to the pqint of
beginning.
Containing 4400.8 square feet, more or less.
Northwestern Mutual Life Insurance Co.
Parcel G
EXHIBIT "A"
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California being a portion of Section 34, Township
29 South, Range 27 East, M. D. B. & M. more particularly described
as follows:
Commencing at the southwest corner of Parcel "1" of Parcel Map 541
filed September 19th, 1972 in Book 3 of Parcel Maps at Page 171 in
the office of the Kern County Recorder; Thence North 89°56'08" East
along the south line of said Parcel 1, said line also being the
north right-of-way line of Stockdale Highway, a distance of 291.81
feet to the true point of beginning;
Thence (1) North 89°05'12" East, a distance of 270.03 feet;
Thence (2) North 89°56'08" East, a distance of 327.00 feet;
Thence (3) North 44°56'06" East, a distance of 28.28 feet;
Thence (4) North 0°03'57" West, a distance of 111.00 feet;
Thence (5) North 6°16'28" East, a distance of 90.55 feet to a point
on the east line of said Parcel 1, said line also being the west
right-of-way line of California Avenue;
Thence (6) South 0'03'57" East along last named east line of said
Parcel 1, a distance to 205.00 feet to the beginning of a tangent
horizontal curve;
Thence (7) along last named horizontal curve with a radius of 20
feet, through a central angle of 90°00'05" concave to the
northwest, an arc distance of 31.42 feet to a point on the south
line of said Parcel 1, said line also being the north right-of-way
line of Stockdale Highway;
Thence (8) South 89°56'08" West along the last named south line of
Parcel 1, a distance of 607.00 feet to the true point of beginning.
Containing 3842.1 square feet, more or less.
9.
DETAIL "A"
.-N ~9'~0'59' £ 7,00'
· I
CENTER LINE STOC~D.U.£ HI{~WAY
NOR~4 UNK OF S£C~ON 5, '~0S, R27~ UDM
\
~-- SEE: DET^IL '^"
SEE DETAIL "A"
DETAIL "A"
C£NTER UNE STOOKOAL£ HIOHWAY
N. OR'D-I LJNE $EO.110N 3, T305, R27~, MOM
R~GHT- OF- WAY TAKE PARCEL
CITY OF BAKERSFIELD
CALIFORNIA
S 45'44'26' W
28.18'
N 8g'02'51' ~/
7.00'
RIGHT-OF-WAY TAKE .
P~C~.L
CALFFORN]A
~/-/.//////////./_////////
N.T.S.
pARCEL "B" ~
RIGHT- OF~~'AY PARCEL
CiTY OF BAKERSFIELD
CALIFORNIA