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HomeMy WebLinkAboutRES NO 117-01RESOLUTION NO. '~ 1 ?" 0 1 A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF SEWER LINE EASEMENTS OVER REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF KERN COUNTY FOR MOHAWK SEWER TRUNK LINE EXTENSION, ENABLING THE CITY TO CONDEMN THE SUBJECT EASEMENTS PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS 1245.220 AND 1245.230. WHEREAS, after notice and opportunity have been given to the property owner(s) 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. The Mohawk sewer trunk line serves residents and businesses in the City of Bakersfield. It is being extended to better serve the public benefit and to accommodate continuing development in the Rosedale Highway/Highway 99 corridor; and 2. The City of Bakersfield intends to lay, construct, operate, maintain, repair and reconstruct the Mohawk sewer trunk with appurtenant and necessary surface and subsurface structures and fittings for public use, to carry out and make effective the principal purpose pursuant to Code Civ. Proc. § 1240.120(a) and, in connection therewith, acquire interests in certain real property. 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 and commercial development; and 3. California Code of Civil Procedure section 1240.125 specifically permits a local public entity to acquire property, or any interest therein, by eminent domain outside its territorial limits for sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the interest in real property is to be acquired; and 4. By virtue of Article III, Section 12 of the City Charter, Municipal Code Chapter 14.12, California Government Code section 28900 et seq.; and California Public Utilities Code sections 624 and 10001 et seq., the City of Bakersfield is authorized to acquire the easement interests by eminent domain for this project; and 5. The Public Works Department of the City of Bakersfield has prepared a plan of works for the construction of the Mohawk sewer trunk I'ne extens'on (the 'Project"), and -- Page 1 of 4 Pages -- ©RtGIHAL 6. 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", attached hereto and incorporated herein by reference; and 7. Easements across the real property described in attached Exhibit "A" and generally depicted in Exhibit "B" (the "subject property") are required for the completion of the Project; and 8. 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 9. On July 19, 2001 there was mailed a Notice of Hearing on the intent of City of Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of the easement interests in real property 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 all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described herein. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and 10. The proposed project for which this acquisition is made is categorically exempt from CEQA under Section 15061 (b)(3) (General Rule). There is no possibility that acquisition of the subject right-of-way easements would have a significant effect on the environment. A "Notice of Exemption" was filed May 1,2001; and 11. By Resolution dated May 17, 2001, the Bakersfield Planning Commission made a General Plan consistency finding pursuant to Government Code section 65402 for acquisition of the subject property. The contents of said Resolution are incorporated as though fully set forth herein; and 12. By Resolution dated June 1,2001, 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. The contents of said Resolution are incorporated as though fully set forth herein; and 13. The easement 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 easement interests by eminent domain; and 14. The City Council of the City of Bakersfield hereby finds and determines each of the following: The public interest and necessity require the Project; -- Page 2 of 4 Pages -- ORIGMAL b. The Project is planned, approved, and accepted in a manner compatible with the greatest public good and the least private injury; c. The easement interests in the subject property are 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; and 15. 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 hearing. 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 permanent and temporary (construction) easements 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 section 1240.125, Government Code sections 38900 et seq., and Article III, Section 12 of the Charter of the City of Bakersfield in acquiring the property interests (easements) 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 interests (easements), to obtain an order(s) for immediate possession of the easements, 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 easements for said public uses and purposes. .......... o0o .......... -- Page 3 of 4 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and.a..d_opted by the Council of the City of Bakersfield at a regular meeting thereof held on /~UG 8 2001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, ~,:: :,n,M, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER {~ O~ ~ COUNCILMEMBER }'~ COUNCILMEMBER re') 6~~-3 CITY CLERK and of the Council of the City of Bakersfield By ~PPROVRD Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney By MI(~'iAEL G. ,~LLFORD Deputy City Attorney MGA:lsc S:\COU NCIL\Resos\RON Equilon2.wpd July 26, 2OOl -- Page 4 of 4 Pages -- ORIGINAL Exhibit A A nonexclusive easement and right-of-way to lay, construct, operate, maintain, repair, reconstruct, change the size and remove sanitary sewer pipe lines and appurtenant and necessary surface and subsurface structures, fit~ings and other equipment, in, under, across, over and upon those certain strips and parcels of land described as follows: An easement 20.00 feet wide over that portion of the Southwest quarter of Section 27, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, the centerline of which is described as follows: Commencing at the Southwest comer of said Section 27, thence North 0° 55' 05" East along the West line of the Southwest quarter of said Sec. tion 27, a distance of 239.96 feet and the True Point of Beginning; thence North 67° 2g' 40" East, 1404.79 feet; thence North 0° 53' 28" East, 461.32 feet to the South right of way line of Kefmery Road as described in a document recorded January 15, 1963 in Book 3564,' Page 641, as Instrument No. 3144, Official Kecords. The side lines of said easement shall be shortened or lengthened to terminate on the West line of said Southwest quarter and the South right of way line of Refinery Koad as described in said document. Contains 37,322 square feet more or less Quad Knopf, Inc., 10/11/00 \~server_twokProjectskProjects\1998\98117~Phase2k33228028P Grant Deed.doc EXHIBIT" OFf~GINAL EXtTIIBIT "B" 37,322 SOUARE FEET '~W. LINE SW 1/4 SEC. 27 R/w UNE REFINERY ROAD lq REFINERY ROAD NO'55'OS"E 259.96 ~SW COR SEC. 27, T29S, R27E r- OFII_GINA[ Exhibit A A nonexclusive easement and right-of-way to lay, construct, operate, maintain, repair, reconstruct, change the size and remove sanitary sewer pipe lines and appurtenant and necessary surface and subsurface structures, fittings and other equipment, in, under, across, over and upon those certain strips and parcels of land described as follows: An easement 20.00 feet wide over that portion of Lot 9 as shown on the Map of the Subdivision of Section 27, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, as recorded in Book 1 of Maps at Page 130 of Kern County Records, in County of Kern, State of California, the cemerline of which is described as follows: Commencing at the North quarter comer of said Sectior~27, thence South 0° 54' 41" West along the North South centerline of said Section 27, said centedine also being the centerline of Mohawk Street, 1638.86 feet; thence North 90° 00' 00" East, 1332.39 feet to the East right of way line of the A.T.& S. F. Railroad and the True Point of Beginning; thence North 90° 00' 00" East, 461.69 feet; thence South 88° 53' 26" East, $68.79 feet to a point on the East line of said Section 27 said point being South 0° 53' 18" West, 1617.34 feet from the Northeast comer of said Section 27. Contains 26,609 square feet more or less Quad Knopf, Inc., 8/10/00 L:~Projects\1998\95117Whase2\33226002P Grant Deed. doc ORi'~hq^L EXHIBIT "B" I/4. CORNER SEC. 27, 29/27 26,609 SQUARE FEET NE. CORNER SEC. 27. _/ 29/27 SEC. 27 STREET [ LINEj SEC. 27 R,,/'W UNE A.T.z'' c:.F. RR TRUE: POINT OF BEGINNING --~ Ngo° 00' O0"'E I$32.39' O"'E 461.69'-'~ NBB'SD'26"'E 868.79' 1 Mohawk Sewer Project I Miles EXHIBIT NO.. C NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN To: Equilon Enterprises LLC c/o Thomas C. Fallgatter, Esq. Klein, DeNatate, Goldner, Cooper, Rosenlieb & Kimball, LLP 4550 California Avenue, 2nd FI. Bakersfield, CA 93309 Jeff Wanamaker, an individual and as Executor of the Estate of Robert Wanamaker P.O. Box 4106 Incline Village, NV 89450 Bloemer Estate, FLP a California Limited Partnership cio Ged Bloemer 4948 Engle Read Bakersfield, CA 93311 Re; Notice of Hearing regarding adoption of a Resolution of Necessity to acquire a permanent and temporary (construction) easement over property located east of Coffee Road and west of the Highway 99, between Rosedale Highway and the Kern River (APNs 332-280-17 & 28 and 332-260-01 & 02) by Eminent Domain [California Code of Civil Procedure section 1245.235] Dear Property Owners: 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 August 8, 2001 which, if adopted, will authorize the City to acquire right-of-way easements on the property described herein, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain for the Mohawk sewer trunk line extension project. 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, August 8, 2001, 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 permanent right-of-way and temporary (construction) easements 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 acquisition; b. Whether the proposed acquisition is planned or located in the manner that will be most compatible with the greatest public good and the least public injury; c. Whether the property interests sought to be acquired by eminent domain and described in the Resolution of Necessity are necessary for the proposed project; OHiGh~AL Page No. 2 d. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary (attached) were in a form and contained all of the factual information required by Government Code section 7267.2(a) (attached as Exhibit "C"); e. Whether the City has statutory authority to acquire the interests in real property 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 interests (right-of-way easements) described herein. The project for which this acquisition is made is categorically exempt from CEQA under section 15061(b)(3) (General Rule). There is no possibility that acquisition of the subject right-of-way easements would have a significant effect on the environment. A "Notice of Exemption" was filed May 1,2001. The statute(s) which authorize the City of Bakersfield to acquire the property interests by eminent domain for this project include, but are not limited to, California Government Code sections 38900 et seq., Code of Civil Procedure section 1240.125; and Article III, Section 12 of the Bakersfield City Charter. 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. California Code of Civil Procedure section 1245.235(b)(3) provides that '~'ailure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above issues which are the subject of the hearing. 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 interests will not be considered by the Council at this hearing. The amount of the compensation to be paid for the acquisition of the property interests is not an issue being heard by the Bakersfield City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as OAiOIr~AL Page No. 3 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 you and the representatives of the City of Bakersfield on the amount of compensation to be paid for your property interests. 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 interests 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 right to take the property interests 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 Superior Court. in that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and served on July 19, 2001. Very truly yours, MICHAEL G. ALLFORD Deputy City Attorney MGA:Isc Attachments: Exhibit "A": Proposed Resolution of Necessity Exhibit "B": Offer and Statement/Summary Exhibit "C": Government Code section 7267.2(a) CC: Donald M. Anderson, Real Property Manager Mark A. Treadwell, Esq. Treadwell & Anderson 633 West 5th Street, 47~h Floor Los Angeles, CA 90071-2066 S:\Lit\Equilon2\Cor~NotHeadng, RON.wpd