Section 3. The City is authorized to acquire the portion of the parcel described and depicted in Exhibit “1” herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, California Code of Civil Procedure section 1230.010 et seq., and pursuant to California Government Code section 37350.5.
Section 4. The Property to be acquired will affect a portion of a parcel generally located on the northside of East Bardsley Avenue, Assessor’s Parcel Number 172-040-031 with a street address of 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California and consisting of the Property more particularly described and depicted in Exhibit “1”, attached hereto and incorporated herein by reference together.
Section 5. On April 11, 2025, there was mailed a Notice of City of Tulare’s Intent to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property described and depicted in Exhibit “1” herein, which Notice of Intent is attached hereto as Exhibit “2” and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property described and depicted in Exhibit “1”. Said Notice advised said persons of their right to be heard on the matters referred to therein on the date and time and place stated therein.
Section 6. The hearing set out in said Notice was held on May 6, 2025, at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed.
Section 7. Based on all evidence presented in this matter, the Council, by a vote of two-thirds or more of its members, further finds, determines, declares, and resolves each of the following:
a) The public interest and necessity require the proposed Project. b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c) The Property as described and depicted in Exhibit “1” is necessary for the proposed Project.
d) The offer required by California Government Code section 7267.2 has been made to the identified and known owners of record of the Property. e) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (“the right to take”) to acquire the portion of the Property described herein.
f) The Property as described and depicted in Exhibit “1” may be acquired for a more necessary public use pursuant to California Code of Civil Procedure section 1240.610.
Section 8. The City Attorney of the City is authorized and directed to institute and conduct to conclusion in the name of the City, proceedings in eminent domain. The proceedings are to be in accordance with the provisions of the Constitution of the State of California and the California Code of Civil Procedure in order to acquire in the name of the City a fee simple estate in and to the Property herein described. This Council finds and determines the public interest, necessity, and welfare require prejudgment possession of the Property as soon as the same may be lawfully obtained. The City Attorney of the City is authorized and directed to obtain such possession.
Resolution 2025-XX
Section 9. The Director of Finance of the City is authorized to pay, out of funds authorized or received, for the acquisition of the Property, for prejudgment possession of the Property, and for all other costs and expenses of acquisition, including, but not limited to, final compensation for the take and all fees and costs charged for City services in connection with this litigation.
Section 10. The City Manager of the City and/or the City Attorney of the City are hereby authorized, without further action of this Council, to enter into any settlement agreement regarding acquisition of the Property by way of agreement and/or stipulation so long as the settlement is based upon approved evidence and appraisal opinion.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of May 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
EXHIBIT 1
EXHIBIT 2