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HomeMy WebLinkAboutRES NO 71-75RESOLUTION NO. 71-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DETERMINING AND DECLARING THAT THE PUBLIC INTEREST,. CONVENIENCE' AND NECES- SITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE WIDENING OF A PORTION OF WILSON ROAD AND FURTHER DECLARING THE INTEN- TION OF THE CITY OF BAKERSFIELD TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEED- INGS, AND DIRECTING THE CITY ATTORNEY TO COMMENCE AN ACTION IN THE SUPERIOR COURT FOR THE PURPOSE OF ACQUIRING SAID PROPERTY. WHEREAS, the City of Bakersfield, as a part of a larger project to widen and reconstruct Wilson Road between Wible Road and Hughes Lane, approved by the City Council on June 19, 1974, has determined to widen Wilson Road westerly approximately 300 feet from the center line of Castro Lane; and ' WHEREAS, all acquisitions of rights-of-way necessary for such widening of Wilson Road have been accomplished by nego- tiated purchase, except for the acquisition of the real property, or interest in real property, hereinafter described; and WHEREAS, it is necessary that the property located at 2900 Wilson Road, more particularly described hereinafter, be acquired in order to proceed with the proposed plan of widening and reconstruction of a portion of Wilson Road; and WHEREAS, Section 1238, California Code of Civil Proce- dure authorizes municipalities to exercise the right of eminent demand-necessary for roads, streets or highways. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the public interest, convenience and necessity require the acquisition, reconstruction and completion by the City of Bakersfield, of a public improvement; namely, the widening, and reconstruction of a portion of Wilson Road. 2. That the public interest, convenience and necessity require the acquisition for and in connection with, said public improvement, of the real property, or interests in real property, hereinafter described. 3. That the public interest, convenience and necessity require, for said public improvement, the acquisition or removal of the existing chain link fence located on the property line of the hereinafter described property, at any time after the City is authorized to take ~edlate possession of said property pursuant to Section 1243.5 of the Code of Civil Procedure. 4. That said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 5. That the City Attorney of the City of Bakersfield is hereby authorized and directed to acquire in the name of the City of Bakersfield an easement for street right-of-way purposes in and to the said hereinafter-described real property by condem- nation in accordance with the provisions of the Charter of the City of Bakersfield, the California Code of Civil Procedure and of the Constitution of California relating to eminent domain, and to so acquire the existing chain link fence located on the property line of such property. 6. That said City Attorney is authorized and directed to make application to the proper court having jurisdiction thereof for an order fixing the amount of sueh 'security in the way of money deposit as said court may direct, and for an order permitting said City to take immediate possession and use of said real property as a right-of-way for public use, and to make deposit of such security out of proper funds in such amount so fixed and determined, and in such manner as said court in which such condemnation proceedings are pending may direct. 7. That the interest in real property which the City of Bakersfield is by this resolution authorized to acquire for said public improvement is an easement or right-of-way for such public street over and across the land hereinafter described, lying and being in the City of Bakersfield, State of California, and particularly described as follows: Parcels of land situate in Section 12, Township 30 South, Range 27 East, M.D.B.&M., consisting of the north' 10 feet of the south 40 feet of the west 58.35 feet of the east 88.35 feet of the south 1/2 of the southwest' 1/4 of the northwest 1/4 of said Section 12, together with a triangu- lar parcel bounded to the south by a line 40 feet north of the south line of the northwest 1/4 of said Section 12 and bounded to the east by a line 30 feet west of the east line of the southwest 1/4 of the northwest 1/4 of said Section 12 and bounded to the north and west by a curve of 20 feet radius, tangent to the above-indicated south and east boundary line of the parcel and concave to the northwest. 8. For the purpose of preparing, commencing and con- cluding said proceeding~ the City Attorney is authorized to retain and hire experts and employ and use any other professional service the City Attorney deems reasonably necessary for the commencement, prosecution and conclusion of said proceedings. o0o 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 the 3rd day of November, 1975, by the following vote: AYES: COUNCILMEN BARTON, BLEECKER, CHRISTENSEN, MEDDERS, ROGERS, $CEALES, STRONG NOES: COUNCILMEN: ABSENT COU.~C~LMEN: ABS!'AiI,~i~G COUNCILMEN: ~A_~(~ CI~%RK~~fficio Clerk of the Council of t~of Bakersfield 1975