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Home My WebLink AboutRES NO 154-17RESOLUTION NO. 13 4 - 17 CITY OF BAKERSFIELD 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, the City of Bakersfield proposes improvements to an area North of Brundage Lane and West of Union Avenue, Phases 1 B & 5, also known as 141 1 SI Street, in the City of Bakersfield, Kern County, California ( "Project "); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire a portion of real property commonly described as APN 010 - 102 -05 in Bakersfield, California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property ") 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 Code of 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 incorporating herein the above recitals, be it resolved by the members of 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. Public Use. The public use for which the Property is to be acquired is for specifically the construction of a retention basin which is part of the Project and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 2. Description of Property. Attached and marked as Exhibit A hereto is the legal description and depiction of the Property required for the Project. Q40 AKF9 T � m 5- \COUNCt\P- 1V1 7 I8tRON.141 iS St n.avndaga w.unon. D— -- Page 1 of 4 Pages -- ORIGINAL. 3. Findings (California Code of Civil Procedure §1240.030). Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of 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; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Additional Findings. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights -of -way are on file with City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. b. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights -of -way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. o g AKF9m > m S\ COUNCIL\ Rags \IA I8 \RON.I41 ltl St. N.Brundage W.Unan, Dog O — Page 2 of 4 Pages -- ORIGINAL. 4. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain including, without limitation, seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non - material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. - -- 0000000 - -- 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 NOV 0 17017 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES' COUNCILMEMBER RIVERA GON2ALE5, WEIR, SMITH, FREEMAN, SUWVAN, PARLIER NOES: COUNCILMEMBEIR IJo��Y.,��p-� ABSTAIN: COUNCILMEMBER k44S - ABSENr: COUNCILMEMBER Nti /1/Vk Q /,' WZ CHRISTOP R GERRY, Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 0 17017 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATT741�j By ANDREW HEGLI Deputy City Attorney R \COUNCIL \Resin \IJ- 18 \RON, bI 1 I St. N9mn do Re W IQ, DOC( -- Page 3 of 4 Pages -- o4gpK�9 s U O ORIGINAL CERTIFICATE OF CITY CLERK I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 15'-1"11 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on NoVu,mbux 1 —2017. CHRISTOPHE GERRY S: \OOUrvOpR -1\ V I8\RON.141 i n St N.buMage.w.uolon oocx -- Page 4 of 4 Pages -- o�0pKF9`�T � m v � ORIGINAL