Loading...
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 8 II "~' ' II I ~EN UE 8 It TREE /' S~' '. ~NE 13 PARK · I0 ,,~ ~ 7 14 II 825' I 8Z5' ] 17 16 I0 WAY 5 3 17 I~ 19 CA L IFORNM 408. S6 ' 40O.$6' 66' ~ ~ SUNS E T A VEN UE ~ 5e9.4$' LANE 40Z 6& '