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HomeMy WebLinkAboutRES NO 20-69RESOLUTION N0. , 20-69 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF BAKERSFIELD REQUIRE THE CONSTRUCTION, AND MAINTENANCE OF PUBLIC. SEWER FACILITIES AND STREET IMPROVEMENTS ON HUGHES AND WHITE LANE BETWEEN PLANZ AND PACHECO ROAD AND BETWEEN 99 FREEWAY AND SOUTH H STREET WITHIN THE CITY OF BAKERSFIELD AND THE COUNTY OF KERN, STATE OF CALIFORNIA; AND ]}IAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION .OF CERTAIN REAL PROPERTIES, TOGETHER WITH THE PRIVILEGE AND RIGHT OF TEMPORARY USE OF AN ADJACENT WORK AREA TO BE USED BY THE CITY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS WITHIN THE AREA AFORESAID; AND FURTHER DECLARING THE INTENTION OF THE CITY OF BAKERSFIELD TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY OF THE CITY OF BAKERSFIELD TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF KERN, FOR THE PURPOSE OF ACQUIRING SAID PROPERTY, TOGETHER WITH THE PRIVILEGE AND RIGHT OF TEMPORARY USE OF AN ADJACENT WORK AREA. WHEREAS, the City Council has proceeded under the Improvement Act of 1913 to form Public Improvement District No. 801~A for the purpose of financing the construction of sewer facilities and street improvements on Hughes and White Lane between Planz and Pacheco Road and the 99 Freeway and South H Street; and WHEREAS, at a public hearing held January 13, 1969 in accordance with said proceedings, the City Council approved the formation of said district, the plans and specifications for said improvement and ordered the work done; and WHEREAS, the Board of Supervisors on November 25, 1968 consented to the formation of said district and approved of the work proposed to be done thereunder; and WHEREAS, the City of Bakersfield has acquired certain properties within Public Improvement District No.8D'i~Anecessary for the construction of said improvement but there remains certain properties which have not been acq.uired by reason of the _r,efusal of the property owners to sell said properties for the values offered; and WHEREAS, it is necessary that all of the properties designated on the approv. ed construction plans be acquired in order to proceed with the proposed improvement; and WHEREAS, Section 10102 of the Streets and Highways Code of the State of California authorizes the City Council in proceedings under the Improvement Act of 1913, to acquire by eminent domain, land, right-of-ways, and easements necessary for such work and improvement. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield)FINDS and DETERMINES and ORDERS as follows: 1. The public interest, convenience and necessity of the City of Bakersfield, and the inhabitants thereof require the construction and maintenance of public sewer facilities and street improvements of Hughes and White Lane as such improvements are more fully described within the plans and specifications approved for Public Improvement District No~O!t~JA)on file in the office of the City Clerk of this City. 2. The public interest, convenience and necessity of said City and the inhabitants thereof demand the acquisition and taking of that private property and the improvements thereon as said property is delineated on the maps attached here to and marked "Exhibit A" as being necessary and proper for the construction of said improvements, together with the privilege and right of temporary use of an adjacent working area. 3. Said proposed public improvement is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The parcels under consideration are located within the limits of the approved improvement plans and generally .d,~.ig,n.a,~t,e,~ .o~ tb.e maPS attached here to and marked ';'E-~hihit A". All of said parcels represent a partial taking of existing interest. -2- 5. The City Attorney of the City of Bakers field is authorized and directed to acquire in the name of the City of Bakers field a fee simple estate, or easement, in and to all properties and any existing improvements thereon located on Hughes Lane between Planz and Pacheco Road and on White Lane between 99 Freeway and South H Street within the limits of the adopted improvement plan and .as generally described in "Exhibit A" , by condemnation in the Superior Court of the State of California in and for the County of Kern all in accordance with the provisions of the Charter of the City of Bakersfield, the Municipal Code of the City of Bakersfield, the Streets and Highways Code, Code of Civil Procedure and of the Constitution of California relating to eminent domain. 6, For the purpose of preparing, commencing and concluding said proceedings the City Attorney is further authorized and directed to: A. Make application to the Superior Court of Kern County for an Order for Immediate Possession and an Order Fixing Security therefor. in the way of money deposit as said Court may direct,' so as to permit the City of Bakers field to take irf~fediate possession and use of said real property or existing improvements thereon as a right-of-way for public use. Make deposit of such securities out of proper funds under the control of the City of Bakersfield, in ~uch amounts so fixed and determined and in such a manner as the Superior Court may direct. Retain and hire experts and employ and use any other professional services ~he ~i~y A.ttO.rney deems reasonably necessary for the corf~f~encement, prosecution and conclusion of said proceedings. o0o -3- 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 ~tzh day of~e~~7 1969, by the following vote: the Council of the City of Bakersfield APPROVED: