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