HomeMy WebLinkAboutRES NO 96-95RESOLUTION NO.
96-95
A~ESOLUTION OF NECESSITY DECLARING THE PUBLIC
INTEREST AND NECESSITY FOR THE TAKING OF
CERTAIN PROPERTY LOCATED AT 1420 "N" STREET,
BAKERSFIELD, CALIFORNIA, FOR PUBLIC PARKING
PURPOSES, ENABLING THE CITY TO CONDEMN THE
SUBJECT PROPERTY PURSUANT TO CALIFORNIA CODE
OF CIVIL PROCEDURE SECTION 1245.230 (WARD 2).
WHEREAS, after notice and opportunity have been given to the
property owner(s) at issue, the City Council 'of the City of
Bakersfield hereby finds and determines as follows:
1. The Downtown Redevelopment Plan has recognized as
necessary to the revitalization of the downtown area of the City of
Bakersfield; and
2. The revitalization of the downtown area is dependent
upon the proper functioning of the Bakersfield Convention Center
which is located within said area and is an integral part of said
revitalization; and
3. The recent construction of a hotel adjacent and
connected to the Bakersfield Convention Center has generated an
increase in demand for use of the Center which has required the
planning for and construction of additional parking to meet the
increased demand (hereinafter the "Project"); and
4. The Project has been planned, amendments approved
and an Environmental Impact Report prepared and certified for the
Specific use of the land contemplated herein; and
5. The City of Bakersfield, a charter law city, is
authorized to exercise the power of eminent domain under the
Eminent Domain Law of the State of California, pursuant to Code of
Civil Procedure section 1240.010, Government Code section 37350.5
and Article III, section 12 of the Charter of the City of
Bakersfield; and
6. The property to be taken is particularly and legally
described in Exhibit "A" attached hereto and incorporated herein by
this reference; and
7. The City Council of the City of Bakersfield has
found and determined that public interest and necessity require
that the aforementioned land be acquired by the City of Bakersfield
in order to complete the Project; and
8. The Project has been planned, approved and accepted
in a manner compatible with the general welfare of the citizens of
the City of Bakersfield and is being constructed so as to provide
for the least amount of private injury; and
9. The property described herein is necessary for the
completion of the Project; and
10. The offer required pursuant to section 7267.2 of the
Government Code has been made to the owner(s) of record; and
11. Specific findings of fact supporting the City
Council's determination herein are set forth in Exhibit "B"
attached hereto and made a part hereof, as well as other evidence
as may be presented at the time of hearing.
NOW, THE~FORE, BE IT RESOLVED, the City Council of the City
of Bakersfield does hereby resolve as follows:
1. That the property mentioned herein to complete the
Project be required.
2. That the City exercise its power under Code of Civil
Procedure section 1240.010, Government Code section 37350.5 and
Article III, section 12 of the Charter of the City of Bakersfield
in acquiring the property discussed herein.
3. 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, the withdrawal of
necessary compensation that will be awarded in the eminent domain
proceedings to acquire said real property.
.......... o0o ...........
- 2
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 JUN ~4 ~ , by the following vote:
AYES; COUNCILMEMBER DeblOND, CARSON, SMITH, ~Ti', ~S, CHOW, SALVAGGIO
ABSTNN: COUNCILMEMBER ~D£ ~ 7
ABSENT: COUNCILMEMBER ~t~ ~'~=~
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED JUN
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
CARL HERNANDEZ III
Deputy City Attorney
City of Bakersfield
CH/meg
- 3 -
That certain real property. situate, ~ying and being in the City of Bakersfiela~
County of Kern, State of California, described as follows:
Lots 1-4 inclusive of Block 349 according to map thereof filed for record in the
Office of the County Recorder of Kern County on November 25, 1898, in Book
I Pages 13 and 14, of Maps
FINDINGS
Public good, interest and necessity require the proposed
project based on the following facts:
The Downtown Redevelopment Plan of the City of
Bakersfield requires the revitalization of the downtown
area. The Downtown Redevelopment Plan is incorporated
herein and made a part hereof by this reference.
o
The condemnation of the subject property is necessary to
alleviate existing and projected public parking demand
for the Bakersfield Convention Center which will increase
due to further development, including the new
construction of a hotel site adjacent and connected to
the Center. The plans, specifications and design
providing for the construction of public parking are
incorporated herein and made a part hereof.
The construction of public parking discussed herein has
previously been approved by the City. Such approvals are
incorporated herein and made a part hereof by this
reference.
II.
The proposed project is planned and located in a manner that
will provide the greatest public good and the least private
injury. This finding is based on the following facts:
1. Facts stated in Section I above support the public good.
The property proposed to be acquired herein is one of few
properties which will allow for the proper construction
of public parking adjacent to and proximate to the
Bakersfield Convention Center adding to the safety and
convenience of public access.
o
The property is located immediately adjacent to the
existing City parking lot making it convenient for
parking for the Convention Center complex.
III.
The property being acquired is necessary for the proposed
project. This finding is based on the following facts.
The property to be condemned is located immediately south
of and adjacent to the Bakersfield Convention Center.
There are no available properties which are located
nearer to the Convention Center which meet this criteria.
EXHIBIT "B"
- Page 1 of 2 Pages
Findings - Continued
o
The proximity of the property to the Convention Center
make it ideal for public parking purposes. Access to the
Convention Center from the parcel of property is
excellent. The plans and specifications for such
construction support this finding and are set forth
herein by this reference and made a part of hereof.
Existing public parking shortages will be alleviated by
the acquisition of this particular parcel of property.
IV.
All information presented at the time of hearing in support of
the findings set forth in Section I through III herein are
incorporated by this reference.
The offer as required by Section 7267.2 of the Government Code
has been made. This finding is based on the following facts:
On June 2, 1995, Donald M. Anderson, the City of
Bakersfield's Real Property Agent conveyed the offer
required under Section 7267.2 of the Government Code to
W·A. Thompson, Inc., owner of the subject property. That
offer was based upon the appraisal of the property.
There is an encumbrance on the property consisting of a
long-term lease, and the City must have free and clear
title in order to commence the construction. The
property owner mentioned herein cannot provide the City
with free and clear title to the subject property.
Accordingly, the offer was rejected.
CH/meg
EXHIBIT "B"
- Page 2 of 2 Pages