HomeMy WebLinkAboutRES NO RA010-08RESOLUTION NO'".. ~ Q 1, Q - Q 8
RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY OF THE
ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY FOR
REDEVELOPMENT PURPOSES (Code of Civil
Procedure §1245.230)
WHEREAS, in order to implement the goals and objectives of the Bakersfield
Redevelopment Agency within the Southeast Bakersfield Redevelopment Project Area,
pursuant to the Redevelopment Plan for the Southeast Bakersfield Redevelopment Project
("Plan"), for redevelopment purposes and the elimination of blight, namely the South
Mill Creek Mixed-Use Redevelopment Project ("Project"); and
WHEREAS, the public interest and necessity require that certain real property,
including the properties commonly known as 730 California Avenue and 825 13`h Street
(Kern County Assessor's Parcel Numbers 006-510-01; 006-510-02; 006-510-03; 006-
510-04) and more particularly described in Exhibit A attached hereto (the "Subject
Properties"), be acquired for redevelopment purposes to eliminate blight; and
WHEREAS, the Bakersfield Redevelopment Agency has provided all owners of
the Subject Properties whose names and addresses appear on the last equalized County
assessment roll with notice and an opportunity to be heard on the matters referred to in
Code of Civil Procedure § 1240.030, in compliance with Code of Civil Procedure
§1245.235; and
WHEREAS, offers of compensation required by Government Code §7267.2 have
been made; and
WHEREAS, the Bakersfield Redevelopment Agency desires to adopt this
Resolution of Necessity pursuant to Code of Civil Procedure § 1245.220 and 1245.230;
and
NOW THEREFORE, IT IS HEREBY RESOLVED by the Bakersfield
Redevelopment Agency as follows:
1. The Subject Properties are to be acquired for redevelopment purposes and
the elimination of blight. The Bakersfield Redevelopment Agency is authorized to
acquire the Properties by eminent domain pursuant to Code of Civil Procedure § 1240.010
and Health and Safety Code §33391.
2. A description of the general location and extent of the properties to be
acquired is attached to this Resolution as Exhibit A and incorporated herein by this
reference. A diagram showing the location of the Properties is attached as Exhibit B.
3. The governing body of the Bakersfield Redevelopment Agency has found
and determined each of the following:
AGENCY
ORIGINAL
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned and located in the manner that
will be most compatible with the greatest public good and the least
private injury;
(c) The Subject Properties described in this Resolution are necessary
for the proposed Project;
(d) The offers required by Government Code §7267.2 have been
made.
4. The staff of the Bakersfield Redevelopment Agency is directed to take all
necessary and appropriate actions to carry out the purpose and intent of this Resolution,
including without limitation, commencing eminent domain proceedings in the Kern
County Superior Court to acquire the Subject Properties.
I hereby certify that the foregoing Resolution was passed and adopted by the
Bakersfield Redevelopment Agency at a special meeting thereof held on September 23,
2008 by the following vote:
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AYES: MEMBER PICKE~TT, KOMAN, MI'SHOE, OR ID Z BENTLEY, T~4f~fff, PR NI CE
NOES:
ABSTAIN:
ABSENT: Td-IC-ir
~. Secretary of the B
APPR D SEP 2 3
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Frederick Prince
Chairperson
APPROVED AS TO FORM:
VIRGINIA GENNARO
General Counsel
By
Agency
AGENCY
ORIGINAL
Legal Description
Lots 4, 5, 6 and 7 in Block 386, in the City of Bakersfield, County of Kern, State of
California, as per map filed in Book 1, Page 13 of Maps, in the Office of the County
Recorder of Said County.
APN: 006-510-04
AGENCY
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WHITLOCK PROPERTY, LLC
APN: 006-510-04
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Legal Description
Parcel 1:
All of Lots 3, 4 and 5 and the Westerly 16 2/3rds feet of Lot 2 in Block 387 of the City of
Bakersfield, County of Kern, State of California, according to the Map of said City filed in
the office of the county recorder of said county on November 25, 1898 in Book 1, Page
13 of Maps.
Parcel 2:
The Easterly 33 1/3`d feet of Lot 2, Block 387 of the City of Bakersfield, County of Kern,
State of California as per Map recorded November 25, 1898 in Book 1, Pages 13 and
14 of Maps, in the office of the county recorder of said county.
Parcel 3:
Lot 1 in Block 387 of the City of Bakersfield, County of Kern, State of California, as per
Map recorded November 25, 1898 in Book 1 Pages 13 and 14 of Maps, in the office of
the county recorder of said county.
APN: 006-510-01, 02, 03
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APN: 006-510-01, 02 & 03
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