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HomeMy WebLinkAboutRES NO 15-40 EIvIERGENCY RESOLU~IO__.N.N. NOo 15-40 AN EMERGENCY RESOLUTION AUTHORIZING CONDEMNA- TION OF LANDS FOR RIGHT OF WAY FOR THE OPENING AND EXTENSION OF NILES STREET. WHEREAS~ the immediate preservation of the public peace, property, safety and welfare of the inhabitants of the City of Bak- ersfield require the passage of an emergency resolution authorizing the condemnation of lands for right of way for the opening and ex- tention of Niles Street in the City of Bakersfield; AND WHEREAS~ said emergency exists due to the fact that all the pieces of property except the portions hereinafter set out have been acquired by the City of Bakersfield for the opening and extension of Niles Street westward to Union Avenue; AND WHEREAS it is planned to immediately start construc- tion of said improvement when.this one remaining piece of property has been acquired, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BMCERSFIELD~ as follows: That it finds and determines and hereby declares that public interest and necessity require the acquisition, construc- tion and completion by the City of Bakersfield of a public improve- ment, namely~ a public street, upon, overt and across those certain lands hereinafter in this resolution described~ That the use of all of said lands as a right of way for a public street is a public use authorized by law; That the taking of said lands is necessary to such public use and that it is necessary that all of said lands be so taken; That said proposed public street is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; AND BE IT FURTHER RESOLVED BY THIS COUNCIL that the City of Bakersfield acquire in the name of said City~ said hereinafter described lands, by donation, purchase or by condemnation in accord- ance with the provisions of the Code of Civil Procedure relating to eminent domain; That said City prepare and prosecute in the name of the City of Bakersfield, such suit or suits in the proper court having jurisdiction thereof, as are necessary to condemn said lands for right of way for said public street~ That said City make an application to said court for an order fixing the amount or amounts of such security in the way of money deposits as said court may direct to be made upon the taking of possession of said lands by said City; and for an order permitting said City to take immediate possession and use of said lands; That said City make deposit of such security out of proper funds in such amount or amounts so fixed and determined and in such manner as said court, in which the condemnation proceedings hereby authorized are pending, may direct. The real property hereinabove referred to, which the City of BakersfielS. is by this resolution authorized to acquire as right of way for a public street, is situate, lying and being in the City of Bakersfield, County of Kern, State of California, and is bounded and particularly described as follows, to-wit: That certain parcel of land in Section 29, Township 29 South, Range 28 East, N. D. B. & N., in the City of Bakersfield, County of Kern, State of California, described as follows: Beginning at a point in the Westerly'line of Lot 16, Block 46, in the City of Bakersfield, Kern County, California, as per map thereof recorded in Book l, Pages 15 and 16 of Naps, Records of Kern County, California, and designated on said map as East Bakersfield, formerly Sumner, which point is 99.915 feet Northeasterly from the Southwesterly corner of the aforesaid Lot 16, -2- measured along said Westerly line~ which line is also the Easterly line of Stockton Street; thence Northeasterly along the Westerly line of said Lot 16 a distance of 24.234 feet to its intersection with the Northerly line of the above mentioned Section 29~ which intersection is also the intersection of the Easterly line of Stockton Street with the Southerly line of Hoover Street; thence Easterly along the aforesaid Northerly line of Section 29~ a distance of 78.177 feet to a point~ which point is also the Northeasterly corner of Lot 14 of said Block 46; thence Southwesterly along the Easterly line of said Lot 14 a distance of 10.379 feet to a point~ the beginning of a curve; thence Southwesterly along a circular curve~ concave to the South~ and having a radius of 1228.46 feet~ a distance of 83.331 feet to the point of beginning. This resolution is hereby declared to be an emergency measure within the meaning of Section 24 of the Charter of the City of Bakersfield~ and shall take effect immediately upon its passage. o0o I HEREBY CERTIFY that the foregoing Emergency Resolution the b ~ 1940, by the following vote: on RyES:BODEN,#IIk~wIIe,,-q~,iiMc!VIILLAN,NORRIS,SIvGTtI'SOLLERS'WILSON HOES:,,..~---- RBSENT ~ Ci~ C1 k of the Council of the City of Bakersfield. APPROVED me this~~~.~~~ of November, 1940. NAYOR of the City of Bakersfield.