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:
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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.