HomeMy WebLinkAboutRES NO 5-97RESOLUTION NO. 5 "9 T
A RESOLUTION OF NECESSITY DECLARING THE PUBLIC
INTEREST AND NECESSITY FOR THE TAKING OF
CERTAIN REAL PROPE~RTY REQUIRED FOR THE
WIDENING OF THE INTERSECTION AT CALIFORNIA
AVENUE AND OAK AVEN~UE, ENABLING THE CITY TO
CONDEMN THE SUBJECT PRO~PERTY 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(s)
at issue, the City Council of the City of Bakersfield hereby finds and determines as follows:
1. The intersection of California Avenue and Oak Avenue 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
2. The Public Works Department of the City of Bakersfield has prepared a plan
of works for the widening of the intersection of California Avenue and Oak Avenue (the
"Project"); and
3. A legal description of the subject property is attached as Exhibit "A" and a
general plat map and description of the subject property is attached as Exhibit "B"; and
4. The real property described in the attached Exhibit "A" and generally depicted
in Exhibit "B" (the "subject property") is required for the completion of the Project; and
5. 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
6. 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 August 8, 1994; and
7. The subject property is to be acquired for the layout, 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; and
ORIGINAL
8. This road widening project was noticed to the property owners prior to
initiation of these proceedings by virtue of its inclusion as future street right of way in the
site plan for development of the shopping center at this location.
9. 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 private injury;
(c) The subject property is necessary for the project; and
(d)
The offer required by Government Code section 7267.2 has been
made to the owners of record of the subject property.
10. Specific findings of fact supporting the City Council's determination herein are
set forth in Exhibit "C" attached hereto and made a part hereof, as well as other evidence
as may be presented at the time of the hearing.
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.
ORIGINAL
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
'JAN 0 S 1997 , by the following vote:
AYES: COUNCiLMEMBER DeMOND, OARSON,,SkflTH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
AI~STktN: COUNCILMEMBER
ABSENT: COUNC LMEMBER .,(.
CITY CLER~ A:ND EX OFF--~jLI~:of the
Council of the City of Bakersfield
APPROVED
;~IAN o 8 1~
By
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
I~CHAEL G. ALLFQRD
Assistant City Attorney
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S:\COUNCIL\RES\EMINENT.RES -- December 12, 1996
ORIGINAL
EXHIBIT
CALIFORNIA AVENUE
RIGHT OF WAY ACQUISITION
.\ parcel ot land situated in the City ot Bakerstield, County of Kern, State of California. being a portion of
the Southwest Quarter ot Section 25. Townshiv 29. Range 27 East, M.D.M., more particularly described as
u3ilows:
Be~nmng at the intersection of southerly boundary of that certain parcel of land described in the deed
from the Atchison. Topeka. and Santa Fe Railway Company, recorded December 26, 1975, in Book 4931.
at Page 693. in the Office the Kern County Recorder. being also the northerly line of that cerlain 7.5 foot
'aide strip of land, described in deed recorded in Book 3987, Page 924. of Official Records of said County.,
and the east right of way line of Oak Street:
Thence N 00048'28" E. a distance of 32.97 Feet:
(2) Thence S 43o49'22" E. a distance of 14.18 Feet:
(3) Thence S 88"27'11" E. a distance of 121.24 Feet:
Thence S 79~27'37" E. a distance of 75.02 Feet:
(5) Thence S 86~26'19" E. a distance of 150.19 Feet:
(6)
Thence S 01032'49" W. a distance of 6.00 Feet to a point on the north
right of way line of California Avenue:
(7)
Thence along said right of way line which bears N 88°27'11' W,
Point of Beginning.
a distance of 355.10 Feet. to the
Containing 5631.57 Square Feet more or less.
P:\CONCHITA\CALiFROg. DES
L?
Page 1 of 2
RIGHT-OF-WAY MAP
1.7 L6
l 1 NOO'48'28"f;
L2 S4J'04'18'£~
! J 589'46'12"E,
L 4 580'04 '41 "£,
15 N87'JZ'JJ"E,
l 6 SO! '24 '~8"W,
L ? N89'47'11 "iV.
16.55 ILL I
9891
69.48 t"(:~. 1
17[~ 1.5 lyf I
4. ,"O Ill I
,3D'~i 1,3 I I I
CAt_It~ ()IiWIA A VEIVUtT
~D
FINDINGS OF FACT
I. The public good, interest and necessity require the proposed project based on the
following facts:
Improvements (widening) on California Avenue west of Oak Avenue have
recently been completed to allow three lanes of travel, whereas east of Oak
Avenue is presently configured for only two lanes of travel.
Westbound traffic volumes during the evening peak are critical at this
intersection for access to residential areas traveling from the central
business district. This traffic flow exceeds eastbound flow during this peak
period, making widening of the subject intersection at its northeast corner the
only practical mitigation.
The condemnation of the subject property is necessary to alleviate existing
and projected public traffic flow and demand for the subject intersection. Said
traffic flow and demand will increase due to further development, including
the new construction of a hotel site and public recreation facilities adjacent
to the intersection. The plans, specifications and design providing for
construction of the road widening project are incorporated herein and made
a part hereof.
The construction of the road widening project discussed herein has
previously been approved by the City. Such approvals are incorporated
herein and made a part hereof by this reference.
II. 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:
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 of the subject intersection, adding to the safety
and convenience of public access.
The property owner(s) were previously noticed of the City's intent to widen
the intersection by virtue of its future right-of-way dedication in the site plan
for development of the commercial center at this location.
EXHIBIT "C"
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ORIGINAL
III. The property being acquired is necessary for the proposed project. This finding is
based on the following facts:
The property to be condemned is located on the northeast corner of the
subject intersection and the project is designed to improve traffic flow at what
is one of the most heavily traveled intersections in the City.
The proximity of the property to the Freeway 99 access and adjacent
commercial development makes it ideal for enhancement of the public safety
and convenience for roadway travel purposes. The plans and specifications
for such construction support this finding and are set forth herein by this
reference and made a part of hereof.
Existing congested traffic flow will be alleviated by the acquisition of this
particular parcel of property so as to allow widening of roadway surfaces at
this intersection.
IV. All information presented at the time of hearing in support of the findings set forth in
Section I through III herein is incorporated by this reference.
V. The offer as required by Section 7257.2 of the Government Code has been made.
This finding is based on the following facts:
Donald M. Anderson, the City of Bakersfield's Real Property Agent,
conveyed the written offer required under Section 7267.2 of the Government
Code to Chester Jost and John Antonino, owners of the subject property.
That offer was dated December 2, 1996 and was based upon the appraisal
of the property.
The property owners have rejected all offers given them by the City.
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December 12, 1996
EXHIBIT "C"
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ORIGINAL