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HomeMy WebLinkAboutRES NO 324-04 324-04 RESOLUTION NO. RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY (Code of Civil Procedure Section 1245.230) WHEREAS, in order to improve public transportation, connect and widen existing City streets and promote the public welfare and safety, the City of Bakersfield intends to develop and construct the Westside Parkway and West Beltway Interchange, (the "Project"); and WHEREAS, the public interest and necessity require that certain real property, including property located along Stockdale Highway, identified as Assessor's Parcel Number 408-020-12 and more particularly described in Exhibit A attached hereto (the "Property"), be acquired for the Project; and WHEREAS, the City of Bakersfield has provided all owners of the Property whose names and addresses appear on the last equalized County assessment roll with notice and an opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, in compliance with Section 1245.235 of the Code of Civil Procedure; and WHEREAS, the offer of compensation required by Section 7267.2 of the Government Code has been made; and WHEREAS, the County of Kern consents to the Project and to the City's acquisition of the Property; WHEREAS, the City of Bakersfield desires to adopt this Resolution of Necessity pursuant to Sections 1245.220 and 1245.230 of the Code of Civil Procedure; NOW THEREFORE, IT IS HEREBY RESOLVED by the City of Bakersfield as follows: 1. The Property is to be acquired in order to improve public transportation, connect and widen existing City streets and promote the public welfare and safety through developmem and construction of the Westside Park~vay and West Beltway Interchange. The City of Bakersfield is authorized to acquire the Property by eminent domain pursuant to Section 1810 of the Streets and Highways Code and Section 1240.010 of the Code of Civil Procedure. 2. A description of the general location and extent of the property to be taken is attached to this Resolution as Exhibit A and incorporated herein by this reference. A diagram showing the location of the property is attached as Exhibit B. 3. The City Council, as the governing body of the City of Bakersfield, has found and determined each of the following: 784328.1 ORIG!NAL (a) The public interest and necessity require the Project; (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The Property described in this Resolution is necessary for the Project; (d) The offer required by Section 7267.2 of the Government Code has been made. (Exhibit C, attached hereto includes a copy of the offer letter, a definition of just compensation and fair market value and a copy of section 7267.2 of the Government Code.) (e) The Project will improve public transportation, connect and widen existing City streets and promote the public welfare and safety. The County of Kern consents to the Project and to the City's acquisition of the Property. 4. The staff of the City of Bakersfield is directed to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution, including but not limited to, commencing a proceeding in eminent domain in the Kern County Superior Court to acquire the Property within six months of the date hereof. I hereby certify that the foregoing Resolution was passed and adopted by the City of Bakersfield at a special meeting thereof held on November 17, 2004 by the following vote: 784328.1 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting hereof held on ~£C ~ by the following vote: < A~.~E ;$~ COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNClLMEMBER: Approved: OEC 1 5 2004 CITY CLERK and Ex-I~ft=mcio g_~lerk of the Council of the City of Bakersfield Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attomey ORIGiNAl.