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.
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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
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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: