HomeMy WebLinkAboutRES NO 190-91RESOLUTION NO. '1 9 0 - 9 1
A RESOLUTION SETTING AND AUTHORIZING NOTICE
OF A HEARING TO CONSIDER AND ACT UPON THE
ADOPTION OF A RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN PROPERTY BY EMINENT DOMAIN
FOR PARKING PURPOSES (NORTHWEST CORNER OF
15TH AND EYE STREETS).
WHEREAS, the California Code of Civil Procedures (CCP)
Section 1240.050 provides that a local public entity may acquire
by eminent domain property within its territorial limits; and
WHEREAS, CCP, Section 1245.220 provides that a public
entity may not commence an eminent domain proceeding until its
governing body has adopted a resolution of necessity; and
WHEREAS, the City Council of the City of Bakersfield
desires to consider the acquisition by eminent domain of certain
real property described in Exhibit A for the purposes of
development into a parking lot; and
WHEREAS, CCP, Section 1245.235 requires that prior to
the governing body of a public entity considering the adoption of
a resolution of necessity, it must give notice to the property
owners of the property and give them a reasonable opportunity to
appear and be heard on the resolution of necessity; and
WHEREAS, the City Council desires to hold a hearing in
order to give any and all property owners that desire to be heard,
an opportunity to appear before the City Council.
NOW, THEREFORE, the City Council of the City of
Bakersfield does hereby resolve as follows:
That a hearing is hereby scheduled for WEDNESDAY, OCTOBER
2, 1991, at 7:00 P.M., in the Council Chambers of the City Hall,
1501 Truxtun Avenue, Bakersfield, California, for the purpose of
considering and acting upon the adoption of a resolution of
necessity for the taking of certain property, described in Exhibit
A for parking lot purposes.
.......... 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 $EP 1 1 1991 , by
the following vote:
AYES1 COUNCILMEMBERS EDWARDS, OeMOND, SMITH, BRUNNL PETERSON, McDERMOTt, SALVAGGIO
NGES. COUNCILMEMBERS
~SENT COUNCILMEMDERS:
ABSTAIN COUNCILMEMBERS'
~,~i~/ / z/Z/ /
Councl[ of [he City of ~akersfield
APPROVED $EP 1 1 199t
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
AMS/meg
Attachment
Exhibit "A"
R RES 5
EMIN-PARK1
9/3/91
- 2 -
LEGAL DESCRIPTION
The land referred to is situated in the City of Bakers-
field, 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 line through Lot 8
of said Block, S 45°00'00" west, a distance of 15.20
feet;
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-2
9/3/91