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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: S:\Edcd\RDAICDDAI\Resos\10-11 \R0N.Leach600-18St.doc AGENCY Page 1 of 2 Pages 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 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 S:\Edcd\RDA(CDDA)\Resos\ 10-1 1 \RON.Leach600-18SWoc A G ENCY Page 2 of 2 Pages 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 ORIGNA EXHIBIT B /$ULNUT 4 0 W 0 t~ V rw lis ~ZS bl ~ 1 ow E a° r•t jol i. 'r { AGtNCY f