HomeMy WebLinkAboutRES NO 54-65RESOLUTION DF-CLAR!NG THAT THE PUBLIC INTEREST
AND ~CRSSX~ ~a~S ~ ACQUISITION OF CERTAIN
~ROPE~TIES ~O~ THE ~IDENI~ AND ~KOV~ OF
~IFO~ AVEN~ IN T~ Cl~ OF BA~FIE~ A~
DIREGTI~]G T~ CX~ ATONE TO F~LE ACTION FOR
M ACQUISX~ON OF SAID PROPERT~ BY AC~ON IN
~XMNT DOMAIN~
WHEREAS, the City Council in full session on August 17~
1964 determined that traffic conditions within the City of Bakers~
field were such as to necessitate the widening and improving of
California Avenue in the City of Bakersfield between e'L" Street and
150 feet west of '~A"' Street~ and
WHEREAS~ on August 17'9 1964 plans for the widening and
improvement of California Avenue in the City of Bakersfield be~Teen
~L°~ Street and 150 feet west of ~eA~' Street were approved by the
City Council, and
WMEREAS~ the City Council of the City of 'Bakersfield in
full session on September 28~ 1964 approved modification to said
plans for the widening and improvement of California Avenue in the
City of Bakersfield as described above~ and
WMEREAS, on May 24~ 1965 the Council of the Cit~ of
Bakersfield in 'full session authorized and ~ig~eed t~e Director of
Public Works to proceed with the acquisition. of 9°75 feet of right
of way on the south side of California Avenue bet~een ~'C'~ Street
and 150 fee~ west of '°A~' Street from the owners of said property
for the aforesaid purpose of widening said California Avenue, as
shown on the map attached hereto, and
WHEREAS~ pursuant to said authorization of acquisition~
certain properties have been acq~ired by the City of Bakers field ~
but there remain certain properties which have not been aeq'~ired
by reason of the ~efusal of. the property o~rners to sell said
properties, and
W~EREAS~ it is necessary to acquire a continuous strip
of property 9o 75 feet wide bordering the south side of California
Avenue~ at location hereinafter described~ in order to proceed
with the improvement of said street.
NOW~ THEREFORE~ BE IT RESOLVED by the Council of the
City of Bakersfield that the public interest and necessity requires
the acquisition of all properties on the southerly side of California
Avenue between "8" Street and 150 feet %~est of '~A" Street~} 9°75 feet
in depth from the existing property line~
BE 1T FURTHER RESOLVED that said proposed public improve~
ment is planned and located in a manner which will be most
~ompatible with the greatcot public good and the least private
injury~ and
BE IT FDRTttER'RESOLVED that the City Attoz~ey of the City
of Bakers field is authorized and directed to acquire in ~he name
of the City of Bakers fie ld ~ e ~fee simple eetate~ or easement~ in
and to the said hereinafter described real property~ or interests
in real property~ by condemnation in accordance with the provisions
of the Charter of the City of Bakersfield~ the Municipal Code of
the City of Bakersfield~ the Streets and Mighways Code~ Code of
Civil Procedure and of the Constitution of California relating to
eminent domain~ and
BE XT M3RTMER RESOLVED that the City Attorney is hereby
aut~orized and directed to commence proceedings for the acquisition
of those properties bordering California Avenue necessary for the
aforesaid purpose of improving said California Avenue, and
BE IT' FORTHER RESOLVED that for the purpose of preparing~
co~encing and concluding said proceedings the City Attorney is
hereby authorized and directed:
To retain and hire experts and employ and use any other
professional sen~ices the City Attorney deems reasonably necessa~y
for the commencement~ prosecution and conclusion of said proceedings°
To acquire in the name of the City of Bakersfield by
condemnation in accordamce with the provisions of the Charter of
the City of Bakers field ~ the Municipal Code of the City of Bakers-
field~ the Streets and Highways Code~ the Code of Civil Procedure
and of ~he Constitu~ien of California relating to eminent domain~
all of the existing improvements which are located partially.within
and partially outside ~he boundaries of said hereinaf~er described
real property=
To take possession at any t~e after the date possession
is authorized as indicated in the order for immediate posses~ion~
or after final Judgment in Condemnation for the purpose of 'removing
all of said existing improvements and commencing the Public Work
described in this resolution~
To prepare and prosecute in ~he name of the City of
Baker~field~ such proceeding or proceedings in the proper cour~
~aving jurisdiction thereof as are necessary for such acquisition;
To m~ke application to said court for an order f~ing
the amoun~ of such s~curity in the way of money deposits as said
court may direct~ ~nd for an order pe~ni~ting the City of Baker~o
field to take immediate possession and use of said real proper~yv
or interests in real property~ or existing ~umprovements~ as a right
of way for public use;
To make deposit of such security out of proper funds under
the control of ~he City of Baker~field~ in such amount $o fixed and
dete~nined~ and in such nmnner as said court in which such
condemnation proceedingm are pending m~y direct°
~e real property~ or interests in real property~ or
existing ixnprovements~ which the City AttoE~ey of the City of
Bakersfield is by this resolution authorized to acquire for said
public improvement are situated within the County of Xern~ State
of California and are described as follows:
The North 9o75 feet of Lot 8~ Block' 3~
Westpa~k Subdivision filed for record
October 54 1910, in Book 2 of Maps at
page 6 in the office of the Co~ty
Recorder~ County of Kern~ State of
Califo~ntao
The North 9°75 feet of the west 43 feet
of Lot 2 and the North 9°75 feet of the
east 2 feet of Lot'3~ Block 4 of the
Westpark Subdivision filed for record
October 5~ 1910~ in Book 2 of Maps at
page 6 in the office of the County
Recorder~ County of Ke~n~ State of
Califo~ia~
X MEP~EBY CERTXF~ that the foregofng Resolution was
pamsed and adopted by ~he Council of the City of Bakereffeld at a
regular meeting thereof held on the 7~h day of September~ 1965~
by the following vote=
AYES: COUNCILMEN BALFANZ, DOOLIN, HOSKING, PARK, RUCKER, STIERN, WHITTEMORE.
~oEs, cou~fji,.~,~~ ,:~~
ABSTAINING COUNCILM=-N: "~k,~t'-y't_-~ --
M~rian So Xrvin
Council of the Cib] of Bakersfieldo
APPROVED~<~t~ ~-
APPP~OVED:
, I/ENUE
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II
I ~EN UE
8
It
TREE
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13
PARK
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14
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825' I 8Z5' ]
17
16 I0
WAY
5 3
17 I~ 19
CA L IFORNM
408. S6 '
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