HomeMy WebLinkAboutRES NO 325-04 325-04
RESOLUTIOIq 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 at 5601-A Rosedale Highway, identified as Assessor's Parcel
Number 332-270-05 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 Kem consents to thc 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 development and construction of the Westside Parkway 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:
(a) The public interest and necessity require the Project;
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ORIGINAL
(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.
(f)
The County of Kem 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:
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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 ncr ~
by the following vote: "'" ~
~ COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER:
ABSTAIN: COUNClLMEMBER:
ABSENT: COUNCILMEMBER:
Approved:
DEC 1 5 ZOO4
CITY CLERK and E-x--(~JClerk of the
Council of the City of BakerSfield
HARVEY L HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ORIGINAL
EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of Lot 2 of the S. Wright Jewett Subdivision, in the County of Kern, State of
California, as per Map recorded December 7, 1909 in Book 1 at Page 30 of Maps in office of
the Kern County Recorder, more particularly described as follows:
BEGINNING at the Northwest comer of said parcel 2, said point also being the Southeast right
of way comer of State Route 58 (Rosedale Highway) and Mohawk Street;
Thence (1)
North 89° 59' 00" East, along the North line of said parcel 2 and South fight of
way line of said Rosedale Highway, a distance of 60.00 feet;
Thence (2) South 45' 00' 48" West, a distance of 28.30 feet;
Thence (3)
South 0° 02' 36" West, parallel with the East right of way line of said Mohawk
Street, a distance of 195.08 feet;
Thence (4)
South 4' 48' 25" West, a distance of 85.23 feet to a point on the North line of
parcel 1 of Lot Line Adjustment No. 89-90 recorded January 25, 1991 in the
office of the Kern County Recorder;
Thence (5)
South 89° 59' 00" West, along said North line ofparceI 1 of Lot Line
Adjustment No. 89-90 a distance of, 32.92 feet to a point on the East right of
way line of said Mohawk Street;
Thence(6)
North 0° 02' 36" East, along said East line right of way line of Mohawk Street,
300.00 feet to the TRUE POINT OF BEGINNING.
Containing 11,899.5 square feet, more or less.
End of Description
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G:\GROUPDATOacques~2003\Legal Description.doc
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ORIG!NAL
EXHIBIT 'A '
POINT OF
NORTH 1~4 CORNER
SECnON 27 J I ~
~ ROS£DALE HIGHWAY
30. 00'
R/~I OF ROSEDALE HI~A'
OF MOHAICK AVENUE
SYM BEARING D/STANCE
N89 "59 'O0"E 60. 00'
S45'00'48"W 28. 50'
S00'02',36 "W 195. 08'
S04'48'25"W 85.2,3'
S89'59'01"W ,32.92'
(~ N00'02',36 "E 00'
500.
NOR TH
0 FEET
300
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