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