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HomeMy WebLinkAboutRES NO 08-87RESOLUTION NO. 8-87 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE TAKING OF CERTAIN PROPERTY FOR PUBLIC PARK PURPOSES. WHEREAS, there is a need in the City of Bakersfield for public parks; and WHEREAS, the need for a public park in the area of Harris Road and Akers Road has been recognized by local residents of the area who have consented to the formation of a park maintenance district; and WHEREAS, undeveloped property located at the southeast corner of Harris Rc. ad and Akers Road will provide land for a public park needed in the area; and WHEREAS, the City Council has advised the property owner affected by acquisition of land needed for a public park and has offered the property owner an opportunity to be heard before the City Council on January 21, 1987, pursuant to Section 1245.235 of the California Code of Civil Procedure (CCP); and WHEREAS, the City Council is adopting this resolution in compliance with Sections 1240.030 and 1245.230 of the CCP. NOW, THEREFORE, the City Council Of the City of Bakersfield does hereby resolve: Exhibit A, park; That the property to be acquired and described in attached hereto, is for the public purpose of a public 2. That ~.ection 1240.010 of the California .Code of Civil Procedures authorizes municipalities to exercise the right of emi- nent domain to acquire property necessary for public use; 3. That the property is generally located at the southeast corner of the intersection of Harris Road and Akers Road in the City of Bakersfield and consists of approximately 5.6 acres, as more specifically described in Exhibit A, attached hereto and incorporated herein; 4. That the City Council declares that it has found and determined as follows: a. The public interest and necessity require the establishment of the proposed park; b. The proposed park 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 Exhibit A is n.ecessary for the park; 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 fact supporting the City Council determination set forth in Section 4, above, are contained in Exhibit B, attached hereto and incorporated herein. .......... o0o .......... - 2 - 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 January 21, 1987 , by the following vote: AYES: COUNCILM£MBERS: CHILDS. CHRISTENSEN, SMITH. RAT[Y, MOORE. DICKERSON SALVADGIO NOES: COUNCILME MBERS: ~,, ABSENT: COUNCILIVIE~',A ~ERS: ABSTAINING: COUNCILi',~E M ~:RS: CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED January 21, 1987 MAYOR of the City of Bakersfield APPROVED as to form: ~I~TTORNEY of the City of Bakersfield RJO/meg l:R.PARK - 3 - HARRIS/AKERS PARK SITE DESCRIPTION Being a portion of Lot 20 in the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 23, T.30S., R.27E., M.D.M., in the County of Kern, State of California, according to Sales Map no. 1 of Lands of J. B. Haggin, filed May 3, 1889, in the Office of the Kern County Recorder, more particularly described as follows: Beginning at the intersection of the West line of the Northwest 1/4 of the Southeast 1/4 of Section 23, T.30S., R.27E., with South line of the North 30 feet of said Northwest 1/4 of the Southeast 1/4. Thence (1) South 89°06'05" East, along the last named South line, 550.00 feet; Thence (2) South 00°36'25" West, 442.20 feet; Thence (3) North 89°23'35" West, 549.993 feet to a point on the last named West line; Thence (4) North 00°36'25" East, along said West line 445.00 feet to the Point of Beginning; Contains 243,980 square feet; 5.6 acres EXHIBIT A 4:HARRIS EXHIBIT B FINDINGS: I. Public Interest and Necessity Require the Proposed Project. A. This Finding is based on the following facts: There are no parks within 1.3 miles of the intersec- tion of Harris Road and Akers Road, measured in a straight line. The area in the vicinity of Harris Road Road is primarily residential, with new development planned for the future. and Akers residential The Park Plan, a component of the Open Space Plan of the Bakersfield Metropolitan Area of the General Plan, iden- tifies Neighborhood 1 of the Panama Community, a 1.3 square mile area, including this proposed site, as an area deficient in acreage for park use and as appro- priate for establishment of a new public park. The proposed site is centrally located within said Neighborhood 1. A park maintenance district has been formed by residents surrounding the proposed public park site to pay the costs of maintaining the park. 5. There is an inadequate number of parks in the City and 5he area in and around the proposed park site. II. The Proposed Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and Least Private Injury. A. This finding is based on the following facts: 1. The facts stated in Section 1, above, support the public' good. The proposed site is the most conveniently located vacant land in Neighborhood 1 of the Panama Community, as described in the Park Plan, large enough to support the development of a public park. o The proposed site is situated on a large parcel of undeveloped property and development can be planned around the park site. III. The Property Being Acquired is Necessary for the Proposed Project· A. This finding ix based on the following fact: There is no other sufficiently large vacant property as centrally and conveniently located for park pur- poses within Neighborhood 1 of the Panama Community. IV. The Offer Required by Section 7267.2 of the Government Code Has Been Made. A. This finding is based on the following facts: On November 10, 1986, the City Attorney transmitted a written offer of $321,840.00, based upon an appraisal of the subject site, to Victoria Delfino and Thomas Clark, attorney for the property owner. Mr. Thomas Clark, attorney for the property owner, verbally notified the City Attorney that the sale may be consummated with the City by December 31, 1986. The sale was not consummated, and the offer has not been accepted. RJO/meg i:R.PARKEX - 2 -