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HomeMy WebLinkAboutRES NO 200-89RESOLUTION NO. 200-89 A RESOLUTION OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC IB'£=REST AND NECESSITY FOR THE TAKING OF CERTAIN PROPERTY FOR MUNICIPAL PUBLIC PARKING PURPOSES (CODE OF CIVIL PROCEDURE SECTION 1245.230 ET SEQ.) (1400 18th Street) WHEREAS the City of Bakersfield needs additional parking downtown; and, public WHEREAS the land herein described is necessary for public parking purposes; and, WHEREAS the City Council approved the appraisal on the herein described property on August 9, 1989; and WHEREAS the City of Bakersfield has conveyed an offer pursuant to said appraisal on August 18, 1989; and, WHEREAS the property owner did not accept the offer of the City of Bakersfield; and, WHEREAS the City of Bakersfield has advised the property owner affected by the acquisition of land needed for public parking downtown and has offered the property owner an opportunity to be heard before the City Council on November 1, 1989 and December 13, 1989 an opportunity to be heard, pursuant to Section 1245.235 of the California Code of Civil Procedure (C.C.P); and, WHEREAS, a duly noticed public hearing was held before the City Council on November 1, 1989 and continued to December 13, 1989; 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, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the property to be acquired and described in Exhibit "A" attached hereto is for the purpose of public parking; 2. That Section 1240.010 of the California Code of Civil Procedure authorizes municipalities to exercise the right of eminent domain to acquire property necessary for public use; 3. That the property is located on 1400 18th Street, Bakersfield, California, 93301 and more specifically described in Exhibit "A" attached hereto and incorporated herein; 4. That the City Council declares that it has found and determines as follows: A. The public interest and necessity require the expansion of public parking downtown; B. The proposed public parking expansion is planned and located in a manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibit "A" is necessary for downtown public parking; D. The offer of just compensation required by California Government Code Section 7267.2 has been made and has not been accepted; 5. That specific findings of facts supporting the City Council determination set forth in Section 4 above are contained in Exhibit "B" attached hereto and incorporated herein. .......... o0o .......... I ~EREBY CERTIFYthat the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on December 13, 1989 by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED December 13, 1989 MAYOR of tile City of Bakersfield APPROVED as to form: AR~UR ~. SXY~ZEL~F/~ ~ ~ ~ CITY ATTORNEY of the City o'~ Ba~rsfield d ADD/lg Attachments 12/6/89 BAND1.RES EXHIBIT "A" Lot 8 and the East 0.67 Feet of Lot 7 of Block 246 of the City of Bakersfield, County of Kern, State of California as said lots are shown on Map of the City of Bakersfield filed November 25, 1898 in Book 1 of Maps, Pages 13 and 14 in the Office of the Kern County Recorder. Assessor's Parcel ~006-021-05 Located at 1400 18th Street BANDUCCI.RES EXHIBIT "B" FINDINGS I. Public good, interest and necessity require the proposed project based on the following facts: 1. The downtown area lacks sufficient public parking. The area surrounding the described property is blighted and in need of rejuvenation and is within the redevelo~nent area. Additional public parking will relieve blight and encourage continued development of the surrounding area. e The lack of adequate parking is restricting new tenants from locating in the area. Be The property is currently vacant and has an unsightly appearance. 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. e 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. e The property is located near several businesses making it convenient for parking in the area. III. The property being acquired is necessary for the proposed project. This finding is based on the following facts: Additional public parking must be developed to revive the downtown area. 2. Current parking in the area is insufficient. IV. The offer as re,~uired by Section 7267.2 of the Government Code has been made. This finding is based on the following facts: On August 18, 1989, the Economic Development Director conveyed an offer to Banducci Enterprises. Said offer was based upon the appraisal of the subject property. Said offer was officially rejected through written correspondence on September 28, 1989. ADD:lg 12/6/89 BAND1.RES