HomeMy WebLinkAboutRES NO RA001-11RESOLUTION NO O U O 1- 11
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 Old Town Kern-Pioneer Redevelopment Project Area,
pursuant to the Old Town Kern-Pioneer Redevelopment Project ("Plan"), for redevelopment
purposes and the elimination of blight, namely the Mill Creek Linear Park Project (The Mill
Creek Project)/Sister Cities Garden Project ("Project"); and
WHEREAS, the public interest and necessity require that certain real property, including
the property commonly known as 600 - 602 18'h Street (Kern County Assessor's Parcel Number
006-091-03) and more particularly described in Exhibit A attached hereto (the "Subject
Property"), be acquired for redevelopment purposes to eliminate blight; and
WHEREAS, the Bakersfield Redevelopment Agency has provided the owner of the
Subject Property whose name and address appears 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, an offer of compensation required by Government Code §7267.2 has 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 Property is to be acquired for redevelopment purposes and the
elimination of blight. The Bakersfield Redevelopment Agency is authorized to acquire the
Subject Property 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 property to be acquired is
attached to this Resolution as Exhibit A and incorporated herein by this reference. A diagram
showing the location of the Subject Property is attached as Exhibit B.
3. The governing body of the Bakersfield Redevelopment Agency has found and
determined each of the following:
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(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 Property described in this Resolution is 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 Property.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Bakersfield Redevelopment Agency at a special meeting thereof held on January 3, 2011 by the
following vote:
Secretary of the Bakersfi edevelopment Agency
APPROVED JAN 0 3 2011
w
By
PHI IP BEN EY YE
Chairperson NOES:
ABSTAIN:
SENT: ~APPROVED AS TO FORM:
VIRGINIA GENNARO
General Counsel
.MEMEBER: P~C1CQ k ~i i<~►~n~v1 ,PQ ,nth, KnCkPp
MEMEBER:
.MEMEBER:
.MEMEBER: _ Q r d i Z
XOSHUA H. RUDNICK
Deputy Agency Counsel
I
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EXHIBIT A
-AGENCY
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
LOT 8 OF BLOCK 254, IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA, AS PER MAP THEREOF
RECORDED IN BOOK 1, PAGES 13 AND 14 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THAT CERTAIN GRANT DEED FROM RENE FALLOT LILLIAN
FALLOT TO RETAIL CLERKS UNION LOCAL 137, RECORDED
SEPTEMBER 20, 1966 AS DOCUMENT NO. 50716 IN BOOK 3981,
PAGE 996 AND RE-RECORDED SEPTEMBER 26, 1966 AS
DOCUMENT NO. 52574 IN BOOK 3984, PAGE 220 OF OFFICIAL
RECORDS, CONTAINS THE FOLLOWING LANGUAGE:
NO ASSURANCE IS HEREBY OFFERED AS TO THE OWNERSHIP
OF THAT CLOSED PORTION OF "S" STREET.
TOGETHER WITH THAT PORTION OF "S" STREET ABANDONED
ADJACENT TO SAID LAND ON THE EAST.
APN: 006-091-03
AGENCY
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EXHIBIT B /$ULNUT
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