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Home My WebLink AboutRES NO 020-10 CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A TEMPORARY CONSTRUCTION EASEMENT Resolution No. 10 WHEREAS, in order to improve traffic capacity and circulation between northwest Bakersfield and the downtown area, and between the California Avenue area business district and Rosedale Highway, to connect existing streets, and to promote the public welfare and safety, the City of Bakersfield ("City") intends to develop and construct the Westside Parkway Project (the "Project"); and, WHEREAS, the public interest and necessity require that a temporary construction easement upon/across/over certain real property located in Bakersfield, California, and more particularly described in Exhibits "1-A" through "I-C" attached hereto and incorporated herein by reference, be acquired for public roadway purposes for the Project; and, WHEREAS, the City has provided the record owner of the real property with notice and opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235; and, WHEREAS, the City made an offer of compensation required by California Government Code section 7267.2 which is attached hereto in Exhibit "2" and incorporated herein by reference; and, WHEREAS, in accordance with the provisions of California Code of Civil Procedure section 1245.235, the City Council intends to make certain findings and determinations. NOW THEREFORE, be it resolved by the City Council ofthe City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this resolution, as follows: 1. The temporary construction easement upon/across/over the certain real property is being acquired in order to construct a portion of the Project (construction of a sound wall on adjacent property) which will improve traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue area business district and Rosedale Highway, to connect existing streets and to promote the public welfare and safety; 2. The City is authorized to acquire the temporary construction easement upon/across/over the certain real property by the Eminent Domain Law (Title 7, Part 3 of the California Code of Civil Procedure commencing at section 1230.010) and California Government Code section 37350.5 for public roadway purposes; -1- Resolution of Necessity Resolution No. 2010- Property: Yun Schestag Family Trust lJ ~-~1 fn r__ r- 3. A description of the general location and the extent of the temporary construction easement to be acquired is attached in Exhibits "1-A" through "1-C". 4. The City of Bakersfield hereby finds, determines and declares: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned and/or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The temporary construction easement upon/across/over the certain real property described in this Resolution of Necessity and attached exhibit is necessary for the Project; and, (d) Prior to making the above findings and determinations, the City made an offer of compensation required by California Government Code section 7267.2. 5. City staff is directed to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution of Necessity. 6. The law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. ("GLCDG"), is hereby authorized and directed to prepare and prosecute proceedings in eminent domain in the appropriate court to acquire for the City of Bakersfield the property interests described and depicted in Exhibits "1-A" through "1-C". GLCDG is hereby further authorized to obtain such orders for immediate possession of the temporary construction easement upon/across/over the certain real property. A warrant(s) shall be issued to the State Treasury Condemnation Fund as a condition of immediate possession. WHEREFORE, the following Resolution was passed and adopted this 17th day of February, 2010, at Bakersfield, California, by a majority vote of the City Council of the City of Bakersfield. YES• cay%m, r~strh(j nM h Wf,%r I \''h X \W11 &-1 Cby\, SUIIt Van, SC.rtvr Lr- NOS: AB . ABSENT: (_O\J► Urh HARVEY L. HALL, MAYOR 44 ATTEST: ROBERTA GAFFOR -2- Resolution of Necessity Resolution No. 2010- _ Property; Yun Schestag Family Trust APPROVED S TO FORM: CAL dz--f-0 VIRG A GENN O, City Attorney CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 010 w 10, passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on &-l 7 Ih day of February, 2010. ROBERTA GAFFORD -3- Resolution of Necessity Resolution No. 2010- Property: Yun Schestag Family Trust :J Exhibit "1-A" tit .Y1!` 1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHERLY 10 FEET OF LOT 6 OF TRACT NO. 5882, PHASE 6A, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 30, 2001 IN BOOK 47, PAGE 118 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN NO. 409-491-06-00 Exhibit "A' " Exhibit "1-B" CITY OF BAKERSFIELD Westside Parkway Soundwall Construction Phase 11 Assessor Parcel Number: 409-491-06-00 Site Address: 12011 Damask St. Property Owner: Yun Schestag 135.3.9 ' Damask St. wrn ti~,y 1 At6j T DRAWING NOT TO SCALE FOR ILLUSTRATION PURPOSES ONLY 10' Temporary Construction Easement Prepared By: Overland, Pacific & Cutler, Inc. EXHIBIT "B" r_ C~ Exhibit "1-C" RECORDING REQUESTED BY AN. WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE 1600 TRUXTUN AVENUE BAKERSFIELD, CA 93301 Space above this line for Recorders Use APN: 409-491-06-00 EASEMENT DEED (Temporary Construction Easement) FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, YUN SCHESTAG, TRUSTEE OF THE YUN SCHESTAG FAMILY TRUST, DATED SEPTEMBER 27, 1996 "GRANTOR" hereby grant(s) and convey(s) to the CITY OF BAKERSFIELD, a municipal corporation, "GRANTEE" a TEMPORARY CONSTRUCTION EASEMENT, over, under and across that portion of GRANTOR'S property, legally described on Exhibit "A," and depicted on Exhibit "B," attached hereto for the purpose of constructing sound walls and retaining walls within the right-of-way of Westside Parkway. GRANTOR agrees to allow GRANTEE, or its contractors to move or remove any existing structures or improvements located within the temporary construction easement area with the understanding that GRANTEE, or its contractors shall replace them "in like kind", restore or pay for replacement of such structures or improvements prior to the termination of this easement. Access to GRANTOR' property shall not be impaired, except for temporary fencing which will be in place during the construction of improvements within the temporary construction easement area. Further, GRANTEE may re-grade and fill the GRANTORS property within the temporary construction easement area. Easement shall extend for a period of nine (9) months commencing forty-eight (48) hours after GRANTEE provides written notification to GRANTOR of its intent to commence construction. Easement shall automatically terminate upon the recordation of a Notice of Completion of the Westside Parkway construction project. It is further understood that when the use of said temporary easement is no longer required, which shall not extend beyond the completion of the construction project, said parcel shall be cleared of all debris and left in a neat, clean and presentable condition. Dated: STATE PROJECT NO. 06-4C2704 GRANTOR YUN SCHESTAG, TRUSTEE n Exhibit "2" c 0 ~C'N Ljaq-Hgl-a~ /4#1 B A K E R S F I E L D June 16, 2009 Yun Schestag 12011 Damask St. Bakersfield, CA 93312-6777 SUBJECT: WESTSIDE PARKWAY - CONSTRUCTION TO BEGIN SOON TEMPORARY CONSTRUCTION EASEMENTS FOR SOUND WALL Dear Property Owners, The City of Bakersfield anticipates starting construction In 2010 on the next phase of the Westside Parkway. The environmental document prepared for the project required that a sound wall be constructed adjacent to residences along the north and south side of the future parkway, to reduce the effects of traffic noise and for safety. The sound wall will be constructed within the City right-of-way that has already been purchased in prior years. However, in order to construct the sound wall adjacent to each property owner's parcel and remove the existing wall/fanoe, the City will need to have temporary access (approximately 10 feet) to the back portion of your property during construction. As such, a temporary construction easement will be needed from each property to allow for this work. The sound wall has been designed to lessen noise from the future traffic that.wlil travel along the parkway. To mitigate traffic noise to appropriate levels, the sound wall will be constructed to an approximate height between 8 to 12 feet. The sound wall will be built in place of each owner's existing fence or wall and within the City's right-of-way. The sound wall will be built with masonry concrete block, If any private Improvements such as side fences, walls, decks, landscaping, patios, eto. are required to be removed or are damaged during construction of the wall, the City will replace, repair or pay for those damaged or removed Improvements to your property. In addition to any required repairs or replacements of Improvements, the City will pay each property owner $1,000 for the temporary easement based on the land rental value of the easement area for the 9 months of anticipated wall construction. During construction for safety purposes, temporary chain-Ilnk construction fencing with visual screeMng material will be placed across the back of your yard until the wall is complete. The sound wall construction will Include constructing or reinstalling connecting cross fencing (consistent with the type of existing cross fencing) between the residences to the new sound wall, City's consultant (Overland, Pacific & Cutler Inc,) will be contacting each property owner to discuss how this work will affect their property and to provide the Temporary Construction Easement documents. They will also be taking pictures or video within the construction easement area to document the existing Improvements that may need to be repaired or replaced. Please provide contact numbers (home phone, cell, and small address) so a convenient time can be arranged to meet and discuss the project. Please mail, fax or email your contact Info to me at the numbers below. The City of Bakersfield thanks you for your cooperation as we get closer to constructing this much needed freeway project. Sincerely, Charles Webb Real Property Agent II City of Bakersfield City of Bakersfield Property Management Division • 900 Truxtun Avenue, Suite 200 Bakersfield • California • 93301 (661) 326-3479 Fax (661) 852-2195 Y t'-