HomeMy WebLinkAboutRES NO 118-01RESOLUTION NO. '1 ]- 8 ' 0 I
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 Ill, 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 line extension (the "Project"); and
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ORIGINAL
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 served 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 served on 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 Ill, 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;
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ORIGINAL
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. Specificfindings of fact supporting the City Councirs 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.
.......... 000 ..........
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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 AUG 8 200~ ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON,~r'Nf'~M, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~ 0 ~
COUNCILMEMBER
COUNCILMEMBER
Council of the City of Bakersfield
APPROVED ~,UG 8 7.001
HAR~EY L~. HA L /
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
MIOI~IAE'I. G.-.~LLFORD/
Deputy City Attorney
MGA;Isc
S:\COUNClL\Resos\RON.Equi[on.wpd
June 28, 2001
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Exhibit
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 the Northeast quarter of Section 33,
Towuship 29 South, Kange 27 East, Mount Diablo Base and Meridian, in the County of
Kern, State of California, the centerline of which ls described as follows:
Commencing at the North quarter comer of said Section 33, thence South 0° 37' 13" West
along the West line of said Northeast quarter, 47.00 feet to the Tree Point of Beginning;
thence South 89° 09' 44" East along a line parallel with and 47.00 feet southerly of the
North line of said Northeast quarter, 1981.09 feet; thence North 670 28' 40" East, 118.54
feet to the North line of said Northeast quarter. .
The side lines of said easement shall be shortened or len~hened to terminate on the South
and East lines of said Northeast quarter.
Contains 41,993 square feet more or less
Quad Knopf, Inc., 10/1100
L:kProjects\1998\95~. 17kPhase2\50201009P Grant Deed.doc
EXHIBIT" ,4 '
ORiSh~JAL
EXHIBIT "B"
¢1,993 SQUARE FEET
,~. UNE: OF N.F.. 1/,*. S~C. 33
N. 1~4. CO~ SEC..:3,3, T29S, R27~'~ ~ .... . .
N.67'28'40"E
N.672840 E 1185~.~
S. 0'57'13"w ¢7.00'-, ~ ..... __ /
/1~ Jo. Jo. ,~,. /
TRU[ POINT OF B[GINNIN ~
S. 8g'O9'44'E 1981,09' -- .
,,//"-W. UNEOFN.~ 1/4
ORI.GIdAL
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 the Southeast quarter of Section 28,
Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in County of
Kern, State of California, the centerline of which is described as follows:
Commencing at the Southeast comer of said Section 28, thence North 89° 09' 44" West
along the South line of said Southeast quarter, 555.24 feet to the True Point of Beginning;
thence North 67° 28' 40" East, 605.19 feet to a point in ~he East line of said Southeast
quarter, said point being North 0° 55' 08" East, 239.96 feet from the Southeast comer of
said Section 28.
The side lines of said easement shall be shortened or lengthened to terminate on the South
and East lines of said Southeast quarter.
Excepting therefrom any portion thereof lying southeasterly of the northwesterly line of
the Cross Valley Canal as described in the Grant Deed recorded October 18, 1974 in
Book 4865, Page 377 of Official Records
Contains 11,275 square feet more or less
Quad Knopf, Inc., 10/12/00
LSProjects\199g\98117'~Phase2X36804009P Grant Deed.doc
OEiCihqAL
LXHIBIT "B" ~-
11,275
SQUARE FEET
TRUE POINT OF BEGINNING
S. LINE OF S.E. 1/4.
SEC. 28
/ E. LINE OF $.E. 1/4.
SEC. 28
'N. 0'55'08"E
~'~SE COR SEC.
239.86'
28, T29S, R27E
OR~OI¢~AL
Mohawk Sewer Project
Enterprises
~(~pldlde~dEqUllon Ente~pdle~, 100 % Intlze~
File
I Miles
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
cio Thomas C. Falgatter, Esq.
Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP
4550 California Avenue, 2'" Floor
Bakersfield, California 93309
EXHIBIT NO.__ C
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 Highway 99,
between Rosedale Highway and the Kern River
(APNs 502-010-09 & 10; 368-040-09 & 27)
by Eminent Domain
[California Code of Civil Procedure section 1245.235]
Dear Property Owner:
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; . ~'.~ ~:~.~
~)F~ r~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
statementJsummary (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 Ill, 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 '~failure
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
OHiOI~^L
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
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