HomeMy WebLinkAboutRES NO 208-91RESOLUTION NO. 2 0 $ - 9 1
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE TAKING
OF CERTAIN PROPERTY LOCATED AT THE NORTHWEST
CORNER OF 15TH AND "EYE" STREETS FOR PARKING
LOT PURPOSES PURSUANT TO CALIFORNIA CODE OF
CIVIL PROCEDURE SECTION 1245.230.
WHEREAS, the City of Bakersfield needs additional
parking space for its employees and public sector visitors; and
WHEREAS, the property herein described is located
immediately adjacent to the parking lot serving the employees of
the City of Bakersfield at 1501 Truxtun Avenue; and
WHEREAS, the City Council approved the appraisal on
herein described property on March 13, 1991; and
WHEREAS, the City of Bakersfield has conveyed the offer
required under Government Code Section 7267.2 pursuant to said
appraisal on October 3, 1991; and
WHEREAS, the property owner did not accept said offer;
and
WHEREAS, the City of Bakersfield has notified the
property owner affected by the acquisition of the purpose for the
acquisition and has offered the property owner an opportunity to
be heard before the City Council on October 23, 1991 pursuant to
Section 1245.235 of the California Code of Civil Procedure; and
WHEREAS, the City Council is adopting this resolution
in compliance with Sections 1240.030 and 1245.230 of the
California Code of Civil Procedure.
NOW THEREFORE, the City Council of the City of
Bakersfield does hereby resolve:
1. The property to be acquired and described in
Exhibit A attached hereto is for parking lot purposes;
2. Section 1240.010 of the California Code of Civil
Procedure and Section 54031, Section 54032, and Section 54033 of
the Government Code authorizes municipalities to exercise the
right of eminent domain to acquire property necessary for parking
lot purposes;
~. The property is located on the Northwest corner of
15th and "Eye" streets and consists of approximately 10,340
square feet as more specifically described in Exhibit A attached
hereto and incorporated as though fully set forth;
4. The City Council declares it is found and it is
determined as follows:
A. The public interest and necessity require
the expansion of parking lot facilities at City Hall
for City of Bakersfield employee and public parking.
B. The proposed parking lot expansion is
planned and located in a manner that is most compatible
with the greatest public good and least private injury.
C. The property described in Exhibit A is
necessary for the expansion of the parking lot for the
employees of the City of Bakersfield and public at 1501
Truxtun Avenue, Bakersfield, California.
D. The offer of just compensation required by
California Government Code Section 7267.2 has been made and
has been not been accepted.
5. The specific findings of fact supporting the City
Council determination set forth in Section 4 above are contained
in Exhibit B attached hereto and incorporated as though fully set
forth.
.......... o0o ..........
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 0CI 2 $ 1991 , by the
following vote:
AYES: COUNCU. MEMBERS EDWARDS, DeMOND, SMITH, BRUNNI,-PE-~r-.R~,N, McDERMOTr SALVAGGIO
NOES; COUNCILMEMBERS
A~'~SENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED 0~ 2 $ lggl
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
AMS/meg
EMINENT\
R-NECES.R-4
10/24/91
Attachments
Exhibit "A"
Exhibit "B"
- 3 -
LEGAL DESCRIPTION
field,
The land referred to is situated in the City of Bakers-
County of Kern, and is described as follows:
Lots 7 and 8 in Block 324, in the City of
Bakersfield, County of Kern, State of California,
as per map filed November 25, 1898, in Book 1, Page
13 of Maps in the Office of the County Recorder of
said County.
EXCEPTING THEREFROM that portion described as
follows:
Beginning at the southwesterly corner of Lot 7,
THENCE running easterly along the southerly line of said
Lots 7 and 8 in said Block, which is also the northerly
line of AT&SF Railway, N 90°00'00" east, a distance of
132 feet;
THENCE running northerly along the easterly of Lot 8 in
said Block, which is also the westerly line of Eye
Street, N 0°00'00" east, a distance of 47.45 feet;
THENCE running southwesterly along a
of said Block, S 45°00'00" west, a
feet;
line through Lot 8
distance of 15.20
THENCE running westerly along a line through said
Lots 8 and 7, S 90°00'00" west, a distance of 121.25
feet;
THENCE running southerly along the lot line separating
Lots 7 and 6 of said Block, S 0°00'00" east, a distance
of 36.70 feet to the point of beginning.
AMS/meg
LEGAL.R-4
9/3/91
FINDINGS
EXHIBIT B
Public good, interest and necessity require the proposed
project based on the following facts:
The parking spaces allocated to City employee parking
consume most of the available parking spaces, and is
inadequate to serve the parking needs of the City
employees, and the spaces in the parking lot and on-
street parking designated for public parking for
persons desiring to avail themselves of City services
at City Hall is inadequate.
The parking facilities at Bakersfield City Hall are in
need of expansion and improvement.
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:
Facts stated in Section I above support the public
good.
The property proposed to be acquired herein is
currently vacant and can be converted to public parking
quickly.
No structures currently exist on the property; thus, no
demolition is required.
The property is located immediately adjacent to the
existing City parking lot making it convenient for
parking for the City Hall complex.
III. The property being acquired is necessary for the proposed
project. This finding is based on the following facts.
Additional public and city employee parking must be
developed to provide adequate parking for City
employees and members of the public.
2. Current parking in the area is insufficient.
IV.
The offer as required by Section 7267.2 of the Government
Code has been made. This finding is based on the following
facts:
On October 3, 1991, the City of Bakersfield's Real
Property Agent conveyed the offer required under
Section 7267.2 of the Government Code to Melvin G.
Davis. Said offer, based upon the appraisal of the
subject property, was rejected.
AMS/meg
EMINENT\
EXHIBITB.R-4