HomeMy WebLinkAboutRES NO 57-86RE SOLUT IO~' NO. 57-86
BEFORE TLE CiTY COUNCIL
OF '£HE
CITY OF BAKERSFIELD
In the Matter of )
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RESOLUTION OF ~ECESSITY )
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IT IS HEREBY P~SOLVED by the Council of the City of
Bakersfield that public interest and necessity require the
co~struction and maintenance of an outfall sewer trunkline
from Wmstcwater Treatment Plant No. 3 to the disposal area
west of Interstate 5, in the County of Kern.
It is proposed that the construction and maintenance
of such project will require the acquisition by purchase or
eminent domain of a 20 foot permanent easement and a 30 foot
temporary construction easement over and across a portion of
properties, a specific description of the portion to be taken
is attached hereto, marked Exhibit "A" and made a part and
portion hereof; that attached hereto marked Exhibit "~" a~d
made a part hereof is a map, designated "Key Map", showing
the description of the general location and extent of the
property proposed to be acquired.
That the City of Bakersfield is empowered and author-
ized under Section 37350.5 of the Covernment Code, to acquire
permanent and temporary casements in real a]]d personal property
by eminent domain for the purpose of construction and maintaining
sewage !incs, connections an~ necessary appurtenances thereto
which are re~[uircd for public inuerest and necessity.
'Phat pursuant to the provisions of Section 1245.235
ef the Code of Civil Procedure, the Council of the City of
Bakersfield gave each person whose property is to be acquired
by eminent domain and whose name and addresses appeared on
the last equalized County Assessment Roll, notice and a
reasonable opportunity to appear and be heard cn the matters
referred to in Section 1240.030 cf said Code. That said
notice contained the contents and was mailed in accordance
with the requirements of Section 1245.235.
That the provisions of ~1245.235 of the Code of Civil
Procedure were fully complied with and each person whose
property is to be acquired by eminent domain and whose name
and address appears on the last equalized County Assessment
Roll was given due notice and a reasonable opportunity to
appear and bc heard on the matters referre~ to in Section
1240.030 of the Code of Civil Procedure. That a Hearing was
noticed for June 4, 1986 at 7:00 o'clock p.m. at the Council
Chambers. That an appearance, as required by law, required
a written request to appear and be heard to be filed within
fifteen days after the notice of hearing had been mailed.
£hat there were requests to bc heard and the Council
consi~ercd the points made.
Whereupon, the Council makes the following Findings
and Determinations~
1. That public interest and necessity require the
proposed project.
2. The proposed project is planned and located in
the manner that will be most com®atib!e with the greatest
public good and the least private injury.
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3. That the property sought to ke acquired is neces-
sary for the proposed project. That the specific description
of the property required for said public improvement is set
forth in Exhibit "A" attached hereto and made a part kercof
by referencc.
IT IS FUR'fHER RESOLVED by the Council that the construc-
ticn and completion of
following action to pc
of the City;
That the City
said public improvement rcquire the
taken by this Council for and on behalf
of Bakersfield shall acquire in the name
of sai~ City a 20 foot permanent easement across said real
property for the purpose of installing and maintaining a 42-inch
sewer pipeline and a temporary 30 foot casement for the purpose
of constructing said pipeline.
That the Council shall cause the attorney for said City
to prepare and prosecute in the name of said City such proceed
ings in the Superior Court of the State of California, in and
for the County of Kern, as are necessary to condemn said real
property for said public improvement;
That the Council shall, through the attorney for said
City, make application to said Court in thc name of said City
for an Order fixing the amount of such security in the way of
money deposits as said Court may direct to be made upon the
taking of immediate possession of said real propertL' for said
public improvement and for an Order permitting said City to
take immediate possession and use of said real property as a
right-of-way for public use;
That the interest in the real property for said public
improvement which the Council, through their attorney, is by this
Resolution authorized to acquire in the name of
public use, is sitauated in the County of Kern,
said City for said
State of California.
I HEREBY CERTIFY that the foregoing Resolution was
and adopted by the Council of the City of
meeting thereof held on the 4th day of
following vote:
passed
Bakersfield at a regular
June , 19 86 , by the
AYES CO U NClL M E ~M RE R B: ~¥1 [4=I~U? RJ~"F~NsEN' D'CKER$ON' t4OORE' RAI"IPt+ 8ALVA~10' $M~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 4th day of June , 1986
MAYOR of the City of B~kersfield
APPROVED as to form:
IT~YY~ATTORNE ' _ of Bakersfield
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LEGAL DESCRIPTIONS OF PROPERTY TO BE ACQUIRED:
Parcel !. Maretich:
Permanent Easement:
"The Southerly 20 feet of the Westerly ~35 feet of
of the Essterly 465 feet of the Northeast quarter (NE¼}
of Section 32, T305, R27E."
(Containing.0.2~)
Temporary Construction Easement:
"The Westerly 30 feet of the Easterly 60 feet of the
Northerly 100 feet of the Southerly 150 feet of the
East half of the Northeast Quarter (E½, NE¼) and the
Northerly 30 feet of the Southerly 50 feet of the
Westerly 435 feet of the Easterly 465 feet of the
Northeast Quarter (NE~) of Section 32, T30S, R27E.
(Containing 0.37A)
Parcel 2. Banducci Enterprises
Permanent Easement:
"The Southerly 20 feet of the East half of the Northeast
Quarter (E½, NE¼), excepting therefrom the Easterly
465 feet."
(Containing 0.39A)
Temporary Construction Easement:
"The Westerly 30 feet of the Easterly ~0 feet of the East
half of Northeast quarter (E½, NE¼) of Section 32,
T305, R27E."
(Containing 1.09 A)
And the:
"The Northerly 30 feet of the Southerly 50 feet of the
East,half of the Northeast Quarter (E%, NE~), excepting
therefrom, the Easterly 465 feet."
(Containing 0.59A)
Parcel 5. Destefani Farms, Inc.
Permanent Easement:
"The Southerly 20 f~et of the West half of the Northeast
Quarter (W½, NE¼), of Section 32, T30S, R27E."
(Containing 0.61 A)
Temporary Construction Easement:
"The Northerly 30 feet of the Southerly 50 feet of the
West half of the !~ortheast Quarter (W%, NE¼), of Section
32, T305, R27E."
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~ Parcel
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12. Destefani Farms, Inc.
Permanent Easement:
"The Northerly 20 feet of the Souther!y~50 feet of
Section 3A, T30S, R26E, which parcel is situated
adjacent to and north of tke north right-of-way line
of Taft Highway;
A 20-foot strip of land, the centerline of which is
descrY.bed as follows:
Beginning at a point on the east line of Section 35,
T30S, R26E, 40 feet northerly of the southeast corner
of said Section; thence westerly parallel to the south
scction line 5,024.26 feet; thence d~flecting 40
degrees right, 119.~74 feet; thence deflecting 90
degrees left, 100.47 feet; thence deflecting 50 degrees
right, 107.8 feet to a point on the west line of
Section 35, said point being 40 feet north of the
southwest corner of said Section;
The northerly 20 feet of the southerly 50 feet of
Section 36, T30S, R26E, which parcel is situated
adjacent to and north of the north right-of-way line of
Taft Highway."
(Containing 7.3 A)
Temporary Construction Easement:
"The northerly 30 feet of the southerly
Section ~4, T30S, R26E;
80 feet of
The northerly 30 feet of the southerly 80 feet and the
northerly 60 feet 9f the southerly 140 feet of the
westerly 300 feet of Section 3~, T30S, R2~E;
The northerly ~0 feet of the
Section 3~, T30S, R2dE."
(Containing 1!.31A)
southerly 80 feet of
DESTESFANI FARHS, INC.
30' Temporary Construction Easement
land 20 Permanent Right-of-Way
FRED BANDUCCI, et al.
30' Temporary Construction Easement
and 20' Permanent Right-o£-Way
(south side)
30' Temporary Construction Easement
(east side)
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x 60' Temporary
Construction Easement
MARY HARETICtt
30' Temporary Construction Easement
and 20' Permanent Right-of-Way
(south side)
30' Temporary Construction Easement
(east side)
I-5 ALTERNATE DISPOSAL SITE
OUTFALL LINE ALIG~IENT
Key Map Exhibit B