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HomeMy WebLinkAboutRES NO 189-86RESOLUTION NO. 189-86 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC NECESSITY FOR THE TAKING OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (CODE OF CIVIL PROCEDURE SECTION 1245.230) WHEREAS, the City Council of the City of Bakersfield is carrying out the Redevelopment Plan for the Bakersfield Downtown Redevelopment Project (the "Project"); and WHEREAS, certain property (the "Property") is needed by the City Council in order to carry out the Project; and WHEREAS, the City Council has advised those property owners affected by the Project of the need for the Project and has offered the property owners an opportunity for hearing before the City Council on December 17, 1986, pursuant to Section 1245.235 of the Code of Civil Procedure, State of California; and WHEREAS, the City Council is adopting this Resolution in compli- ance with Section 1245.230 of the Code of Civil Procedure; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE: 1. That the Property to be acquired is for the public purpose of redevelopment; 2. That the City Council is authorized to acquire property by eminent domain for the Project pursuant to Health and Safety Code Section 33391(b); 3. That the general location and extent of the Property to be acquired are as set incorporated; and 4. follows: project. forth in Exhibit A, attached hereto and hereby That the City Council declares that it has found and determined as a. The public interest and necessity require the proposed b. The proposed project is planned and located in the man- ner that will be most compatible with the greatest public good and the least private injury. c. The Property described in Exhibit A is necessary for the proposed project. d. The Offer of Just Compensation required by Government Code Section 7267.2 has been made to the owners of record. 5. That specific findings of fact supporting the City Council deter- minations set forth in Section 4 above are set forth in Exhibit B, attached hereto and incorporated herein. 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 l?th day of December , 1986, by the following vote: AYES: COUNCILMEMBERS: CHILDS. CHRIS'JENSEN. SMITH,'f~R~MOORE, DICKERSON, SALVAGGIO NOES: COUNCIL MEMBERS: ~j ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBERS: · CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 17th day of December 1986 MAYOR of the City ~f Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield TRUX~UN AVENUE $07-01 RAYMOND C. ANDERSON 307-02 T Mc WHORTER z Lot 1 and the East 59 feet of [Jot 2 n Block 307, in tile City of .Bakersfield, County of Kern, State of California, as per Map recorded November 28, 1898 Book 1,. Pages 13 and 14 of Maps, in tile Office of the County Recorder of said County. A.T 8~ S.E RIGHT-OF-WAY JAMES W. BOY[ ~,N DOREEN M BOYI AN 16TH STREET PARCEL 532-OI PARCEL 552-O2 CITY OF TEXACO, lNG. BAKERSFIELD EXHIBIT A EXHIBIT B FINDINGS OF FACT Public Interest and Necessity Require the Proposed Project: This finding is based on the following facts: A. The areas of the proposed project include the following condi- tions and characteristics: 1. There are buildings and structures used for living, com- mercial and industrial purposes which are vacant, aged, obsolete, dilapidated, or of shifting uses. Lot sizes are small and land parcels are owned in fee many different persons and/or corporations, therefore, making it difficult to assemble land for proper development. by There are properties which are characterized by economic dislocation, deterioration, and disuse resulting in depre- ciated land values, impaired investments, and social and economic maladjustments, all contributing to the reduced capacity to pay taxes. There are inadequate public improvements, public facili- ties, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. 5. There is a growing or total lack of proper utilization of II. the areas which has resulted in stagnant and unproductive conditions of land potentially useful and valuable for contributing to the public health, safety and welfare. B. The conditions and characteristics listed in paragraph A above constitute a blighted area as defined in Health and Safety Code Section 33030 through 33032, and as found and determined by City Council Ordinance No. 2033 adopted on August 14, 1972, as amended. C. The Community Redevelopment Law (Health and Safety Code Section 33000, et. seq.) provides in Section 33035(a) that such blighted areas constitute a serious and growing menace which is condemned as injurious and inimical to the public health, safety and welfare of the people of the communities in which they exist and of the people of the State. The proposed Project will help to eliminate and prevent the spread of blight and deterioration in the Project by providing for the assemblage of parcels for an adequate site for the integrated development and construction of a hotel and conven- tion center complex and parking facilities. 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. The facts stated in Section 1 above support the public good for the Project. III. IV. Be In selecting the Site for the proposed Project, the objec- tive of the Agency and City Council was to provide one large integrated site to provide the facilities necessary to serve the community, but to use as little private property as pos- sible by combining it with the existing civic auditorium site. The Property Being Acquired is Necessary for the Proposed Project in order to be able to provide a facility adequate to serve the needs of the public and to acquire as little private property as possible, acquisition of the properties surrounding the existing civic auditorium property is necessary in order to combine them with the existing civic auditorium property, thereby providing one large area of land for the integrated development of the hotel and convention center facilities. The Offers Required by Section 7267.2 of the Government Code Have Been Made to the Owner Or Owners or Record. Mary L. Strenn, Deputy Executive Director of the Redevelopment Agency of the City of Bakersfield, on November 19, 1986, trans- mitted offers of the attached property. Such others were in amounts equal to the appraised values as determined by Bruce Beaudoin, in his approved appraisal of the subject property dated June 20, 1986. R:R.RA1