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Home My WebLink AboutRES NO 101-12RESOLUTION NO. 101-12 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution and Code of Civil Procedure Section 1240.010 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, in order to improve traffic capacity and circulation in the area in and around State Route 178 and Morning Drive, and to promote the public welfare and safety, the City of Bakersfield intends to develop and construct an interchange at Morning Drive and State Route 178 (the "Project "); and WHEREAS, the public interest and necessity require that a portion of real property immediately adjacent to State Route 178, commonly described as APN's: 531 - 011 -07, 19 (previously APN 531 - 010 -27, 28) in Bakersfield, California, and more particularly described in Exhibit "V' attached hereto and incorporated herein by reference (the "Property "), be acquired for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the 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 City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; " F is S:\ C0UNCIL\ Resos \12- 13 \R0N.S &Ja1fa1fa- N.2.Docx r -- -- Page 1 of 3 Pages -- 4ORlGINAL (c) The Property is necessary for the Project; and (d) The offer required by Government Code Section 7267.2, a copy of which is attached hereto as Exhibit "2," and incorporated herein by reference, has been made to the Property owner or owners of record. 2. The City Attorney is hereby authorized and directed to commence and maintain a proceeding in and for the City of Bakersfield to acquire for the City of Bakersfield the fee simple interest in the Property. 3. The City Attorney is hereby authorized and directed to make application to the court for an Order for Possession Before Judgment in these proceedings. 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $900.00, the warrant to be made payable to the State Treasury Condemnation Fund and delivered to the City Attorney to be deposited with the payee as a security for the Order for Possession Before Judgment authorized. 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 SFP 1 2 2012 , by the following vote: COUNCILMEMBER SALAS BEI�IHAM, WEIR, COUCH, HA ON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER 0 tQQ- ABSTAIN: COUNCILMEMBER rQ- ABSENT: COUNCILMEMBER f1 Dili APPROVED 0 SEP 1 2 2012 HARVEY L. HALL, Mayor APPROVED AS TO FORM: 01 VIRGINIA GENNARO, City Attorney By RICHARD IGER Associate City Attorney S: \COUNCIL \Resos\ 12- 13 \RON.S &Jalfalfa- N.2.Docx 6�ti 1'c" BERTA GAFFORD, C �tY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 3 Pages -- 6P,KEy- h._ m r— C? C7 ORIGINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. JoJ-!'a , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 12, 2012. S: \COUNCIL \Resos\ 12- 13 \RON.SMalfalfa- N.2.Docx ROBERTA GAFFORD -- Page 3 of 3 Pages -- rn a— r- ORIGINAL State Route 178 Interchange at Morning Drive Drainage Easement 531 - 010 -279 28 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 035'52" WEST, ON AND ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 222.59 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 89 046'56" EAST, A DISTANCE OF 76.52 FEET, TO THE EAST LINE OF A GAS LINE EASEMENT RECORDED IN BOOK 6478, PAGE 161, OFFICIAL RECORDS; THENCE (2) SOUTH 00 °37'29" WEST, ON AND ALONG LAST SAID EAST LINE, A DISTANCE OF 46.19 FEET, TO THE NORTH LINE; THENCE (3) SOUTH 89-46'16" WEST, A DISTANCE OF 76.50 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE (4) NORTH 00 °35'52" EAST, ON AND ALONG LAST SAID WEST LINE, A DISTANCE OF 46.20 FEET, TO THE TRUE POINT OF BEGINNING. AREA: 0.081 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. Q951 111 y y` u RONALD F. NUEt7OEN 7q+ ¢ No. 15369 *` Exp.3 -31 -13 /* §lV CALF` (dbwa.tw� �(t- ti1�wV Page I of 1 U EXHIBIT" ORGI A 1A000" B A K 00iiiiiiiiiiiiiiiiiiii�� E R S F I E L D Dist. -Co. -Rte. 06 -KER- 178 -BKD EA 06- OC9408L Parcel No. 531 -011 -07819 Cal Trans File No. 86720 -1 August 13, 2012 S & J ALFALFA INC. Atten: BOOKKEEPING AND TAX SERVICE 16 HALSEY AVENUE PETALUMA CA 94592 Morning Drive Interchange/State Route 178 Project APN 531 -011 -07 &19 (Partial Acquisition) Previous APN 531 -010 -27 &28 Amended Offer of Just Compensation Increase from $113,700 to $114,600 Dear S & J Alfalfa or owner representative, The City of Bakersfield (City) is working with Caltrans to construct an interchange at State Route 178 and Morning Drive and widen the freeway. Your property is adjacent to the project and is affected due to the interchange and State Route 178 improvement project. The City and Caltrans is currently in design of the project and anticipate the completion of plans this year, upon which the project will go to bid and construction. Since the City's original Offer of Compensation dated April 17, 2012, it was determined there was a mistake in the legal description for the Drainage Easement that was part of the partial acquisition on this property. The mistake in the legal description created an additional 0.081 acres of drainage easement area. Attached is the revised Drainage Easment map and legal description. This additional 0.081 acres of easement area has created an additional $900.00 in value compensation based on the previous fair market appraisal completed on the property. The City would like to amend its initial Offer of Compensation dated April 17, 2012, to include this additional easement area, and revises its offer to $114,600.00. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $114,600 as total just compensation for the property to be acquired and improvements thereon. City of Bakersfield - Property Management Division - 900 Truxtun Avenue, #200 Bakersfield - California - 93301 (661) 326 -3479 Fax (661) 852 -2195 EXHIBIT cc n tk Ke�q r- O P%INAL Offer to Purchase Letter Page 2 8/14/2012 We look forward to working with you in the completion of the acquisition of your property. Sincerely, id Charles Webb Real Property Agent it Property Management Division (661) 326 -3479 phone (661) 852 -2195 fax Email: cwebb *bakersfieldcity.us Enclosures: Revised Drainage Easement Acquisition Map and Legal Description Property Owner or owner representative acknowledges receiving Offer to Purchase Letter and enclosures. Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) Revised Offer Purchase Ur - Drainage Easement - S & J north parcels OP.KF9 m r )RIGNAL State Route 178 Interchange at Morning Drive Drainage Easement 531 - 010 -279 28 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 035'52" WEST, ON AND ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 222.59 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (I) NORTH 89 046'56" EAST, A DISTANCE OF 76.52 FEET, TO THE EAST LINE OF A GAS LINE EASEMENT RECORDED IN BOOK 6478, PAGE 161, OFFICIAL RECORDS; THENCE (2) SOUTH 00 037'29" WEST, ON AND ALONG LAST SAID EAST LINE, A DISTANCE OF 46.19 FEET, TO THE NORTH LINE; THENCE (3) SOUTH 89-46'16" WEST, A DISTANCE OF 76.50 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE (4) NORTH 00 °35'52" EAST, ON AND ALONG LAST SAID WEST LINE, A DISTANCE OF 46.20 FEET, TO THE TRUE POINT OF BEGINNING. AREA: 0.081 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. �%%4f ESS I, RDNALD F. RUETTGER l ¢ ND. 15369 a *\ ExD.3 -31 -13 I* �P V OF CAI�E� --JL' �k &� wv � yi�,kfi Page 1 of 1 m z� COUJ—W rn z CP ,WcrzN I Dom: uju z w 04� r. 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