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Home My WebLink AboutRES NO 29-95 SOLUTION NO. '29 ' A RESOLUTION OF NECESSITY OF THE CITY OF BAKERSFIELD PERTAINING TO THE ACQUISITION OF PROPERTY FOR USE BY THE CITY OF BAKERSFIELD IN COMPLETING THE CALIFORNIA AVENUE WIDENING PROJECT IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 1245.230 OF THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA 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 Circulation Element of the City's General Plan has identified the widening and reconstruction of California Avenue as necessary due to congestion, and said widening and reconstruction is referred to as the California Avenue Widening Project (the "Project"); and (2) The Project has been planned, amendments approved and an Environmental Impact report prepared and certified for the specific use of the land contemplated herein; and (3) 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 section 1240.010, Government Code section 37350.5 and Article III, Section 12 of the Charter of the City of Bakersfield; and (4) The property to be taken is identified as Assessor's Parcel No. 020-110-11-00-0, which is more particularly and legally described in Exhibit "A" attached hereto and incorporated herein by this reference; and (5) The City Council of the City of Bakersfield has found and determined that the public interest and necessity require that the aforementioned land be acquired by the City of Bakersfield in order to complete the Project; and (6) The Project has been planned, approved and accepted in a manner compatible with the general welfare of the citizens of the City of Bakersfield and is being constructed so as to provide for the least amount of private injury; and (7) The property described herein is necessary for the completion of the Project; and (8) The offer required pursuant to Section 7267.2 of the Government Code has been made to the owner(s) of record; and (9) That specific findings of fact supporting the City Council determination herein are set forth in Exhibit "B" attached hereto and made a part hereof and as well as other evidence as may be presented at the time of hearing. NOW, ~HEREFORE, BE IT RE$OL~D, the City Council of the City of Bakersfield does hereby resolve as follows: (1) That the property mentioned herein to complete the Project be required. (2) That the City exercise its power under Code of Civil Procedure section 1240.010, Government Code section 37350.5 and Article III, Section 12 of the Charter of the City of Bakersfield in acquiring the property discussed herein. (3) 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, the withdrawal of necessary compensation that will be awarded in the eminent domain proceedings to acquire said real property. .......... o0o .......... ! HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of ~e_q~ty of Bakersfield at a regular meeting thereof held on ~E8 by the following vote: AYES: NOES: COUNCILMEMBER ABSTAIN: COUNCIL/~EMBER ABSENT: COUNCILMEMBER COUNCILMEMBER DEMON]), CARSON, S~ITH, McDERMOTT, ROWLES, CHOW, SALV&GGIO Council of the City of Bakersfield APPROVED O8 I~YOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney CARL HERNANDEZ Deputy City Attorney City of Bakersfield CH:laa OPNI/calave.res KEv, N COAST SERVICES, INC. APN 020-110-11 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 2032, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 11, 1974 IN BOOK 9 OF PARCEL MAPS AT PAGE 156 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, BEING Al.qO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE AND THE WEST LINE OF STATE ROUTE 99; THENCE (1) SOUTH 20°56'37" EAST ON AND ALONG THE EAST LINE OF SAID PARCEL 2, A DISTANCE OF 17.96 FEET; THENCE (2) SOUTH 77°37'32" WEST, A DISTANCE OF 102.O5 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1193.00 FEET; THENCE (3) SOUTHWESTERLY ON AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°41'01", AN ARC DISTANCE OF 76.70 FEET, TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE (4) NORTH 20°37'31" WEST, A DISTANCE OF 2.23 FEET, TO A POINT IN THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT FOR STREET RIGHT OF WAY AS PER DEED RECORDED APRIL 8, 1974 IN BOOK 4835 PAGE 898 OF THE OFFICIAL RECORDS OF SAID COUNTY; THENCE (5) NORTH 69°22'29" EAST, ON AND ALONG SAID SOUTHERLY LINE A DISTANCE OF 29.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1452.98 FEET; THENCE (6) NORTHEASTERLY ON AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°49'01", AN ARC DISTANCE OF 147.51 FEET TO THE TRUE POINT OF BEGINNING. AREA: 1,742 S.F. EXHIBIT "B" II. III. IV. FINDINGS The public good, interest and necessity require the proposed project and is based on the following facts: The Circulation Element of the General Plan of the City of Bakersfield requires the reconstruction of California Avenue and its widening. The circulation element is incorporated herein and made a part hereof by this reference. The subject project is necessary to alleviate congestion at California Avenue and State Route 99 and to otherwise improve circulation at that major intersection within the City. The plans and specifications providing for the reconstruction are adopted herein by this reference and made a part hereof. The widening of California Avenue at State Route 99 has previously been approved by Cal Trans. Such approval is incorporated herein and made a part hereof by this reference. 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 I above support the public good. The property proposed to be acquired herein is the only property which will allow for the proper widening and reconstruction of California Avenue at State Route 99. The property being acquired is necessary for the proposed project. This finding is based on the following facts: In order to facilitate the widening of California Avenue, small slivers of land must be acquired in order to most cost effectively construct the project. The plans and specifications for such construction support this finding and are set forth herein and incorporated by this reference. Congestion and traffic flow will be improved at California Avenue and State Route 99 by acquisition of the property in order to provide for the widening herein. All information presented at the time of hearing in support of the findings set forth in Sections I through III herein are herein incorporated by this reference. EXHIBIT The offer as required by Section 7267.2 of the Government Code has been made. This finding is based on the following facts: On January 24, 1995, Donald M. Anderson, the City's real property agent, conveyed an offer to Robert J. King, President, Kern Coast Services, Inc., owner of the subject property. That offer was based upon the appraisal of the property. There are a number of encumbrances on the property and the City must have free and clear title in order to commence the construction. The property owner mentioned herein cannot provide the City with free and clear title to the subject property. Accordingly, the offer was rejected. CH:laa OPNI/calave.exb