HomeMy WebLinkAboutRES NO 261-06
261-06
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 traffic capacity and circulation between
northwest Bakersfield and the downtown area, and between the California A venue
business district and Rosedale Highway, to connect existing streets, and to promote the
public welfare and safety, the City of Bakersfield intends to develop and construct the
Westside Parkway project (the "Project"); and
WHEREAS, the public interest and necessity require that certain real property,
including property situated between the Cross Valley Canal and Kern River in
Bakersfield, California, and more particularly described in Exhibit A-I attached hereto
(the "Property"), be acquired for public roadway purposes 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 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 RESOL YED by the City of Bakersfield as
follows:
1. The Property is to be acquired in order to improve traffic capacity and
circulation between northwest Bakersfield and the downtown area, and between the
California Avenue business district and Rosedale Highway, to connect existing streets,
and to promote the public welfare and safety through development and construction of
the Westside Parkway project. The City of Bakersfield is authorized to acquire the
Property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure
and Section 37350.5 of the Government Code for public roadway purposes.
2. A description of the general location and extent of the Property to be taken
is attached to this Resolution as Exhibit A-I and incorporated herein by this reference. A
diagram showing the location of the Property is attached as Exhibit A-2.
3. The City Council, as the governing body of the City of Bakersfield, has
found and determined each of the following:
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(a) The public interest and necessity require the proposed Project;
(b) The proposed 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.)
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 meeting thereof held on September 27,2006, by the following vote:
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Pamela A. McCarthy
Clerk of the City of Bakersfield
APPROVED
APPROVED AS TO FORM
By
VIRGINIA GENNARO
City Attorney
By
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EXHIBIT "A"
All that certain real property situated in the County of Kern, State of California, described as
follows:
Parcell of Parcel Map No. 8029 in the County of Kem, State of Cali fomi a, as per Map recorded
in Book 33 Page 100 of Parcel Maps, in the Office of the County Recorder of said County.
EXCEPT all oil, gas and other minerals contained within said land, whether now known to exist
or hereafter discovered, and all oil, gas and other mineral rights belonging or appertaining to said
land, and the exclusive right to prospect for, drill for, produce, mine, extract and remove oil, gas
and other minerals upon, from and through said land, and the exclusive right to inject in, store
under and thereafter withdraw from said land oil, gas and other minerals and products thereof,
whether produced from said land or elsewhere, and the right to drill and operate whatever wells,
and to construct, install, operate, maintain, and remove whatever other facilities, and do whatever
else may be reasonably necessary on and in said land for the full enjoyment and exercise of the
rights so excepted and reserved, and the unrestricted right of ingress to and egress from said land
and all such purposes; as reserved by Kern County Land Company, a Delaware Corporation, in
Deed recorded December 20, 1969 in Book 4350 Page 527, of Official Records, and as modified
by exchange of Surface Access Agreement recorded June 23, 1980 in Book 5294 Page 319 of
Official Records.
Assessor's Parcel Number: 502-010-12
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