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HomeMy WebLinkAboutRES NO 05-90RESOLUTION NO. 5-90 A RESOLUTION OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE TAKING OF CERTAIN PROPERTY LOCATED AT 140 'EAST WHITE LANE (RODDEN), FOR MUNICIPAL AIRPORT PURPOSES, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION~ 1245.230. WHEREAS the City of Bakersfield currently owns the BaKersfield Municipal Airport; and WHEREAS the Bakersfield Municipal Airport, pursuant to that plan adopted October 15, 1983 is to be expanded; and WHEREAS the expansion of said Bakersfield Municipal Airport requires the acquisition of privately owned land; and WHEREAS the land herein described is necessary for the expansion of the Bakersfield Municipal Airport; and WHEREAS tine City Council approved the appraisal on the herein described property; and WHEREAS tlne City of Bakersfield has conveyed an offer pursuant to said appraisal on December 5, 1989; and WHEREAS, the property owner did not accept the offer of the City of Bakersfield; and WHEREAS, tine City of Bakersfield has advised the property owner affected by the acquisition of land needed for the Bakers- field Municipal Airport and has offered the property owner an opportunity to be heard before the City Council on WEDNESDAY, JANUARY 24, 1990, parsuant to Section 1245.235 of the California Code of Civil Procedure (C.C.P.); and WHEREAS, the City Council is adopting this resolution in compliance with Sections 1240.030 and 1245.230 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the property to be acquired and described in Exhibit "A" attached hereto is ~or the purpose of a public municipal airport; 2. That Section 1240.010 of the California Code of Civil Procedure authorizes municipalities to exercise the right of eminent domain to acquire property necessary for public use; 3. That the property is located on the north side of East White Lane, approximately 2,000 feet east of South Union Avenue, and consists of approximately two acres as more specifi- cally described in Exhibit "A" attached hereto and incorporated herein; 4. That the City Council declares that it has found and determines as follows: A. The public interest and necessity require the expansion of the Bakersfield Municipal Airport; B. The proposed airport expansion is planned and located in a manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibit "A" is neces- sary for the Bakersfield Municipal Airport expansion; D. The offer of just compensation required by California Government Code Section 7267.2 has been made and has not been accepted; and 5. That specific findings of facts supporting the City Council determination set forth in Section 4 above are contained in Exhibit "B" attached hereto and incorporated herein. .......... o0o .......... - 2 - 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 January 24, 1990 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND. SMITH. BRUNNI, PETERSON McDERMOTI', NOES; COUNCiLMEMBERS ./%/~ ~'/~ ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' ./%/~"/'J~ ASSISTANT CITY CLERK and Ex O~lcio' Clerk of Council of the Cit~/6f Bakersfield the APPROVED January 24, 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATT~ of ~e pity of Bakersfield ADD/meg 1/2/90 R RES 5 RN. AIRPT1 Attachments Exhibit "A" Exhibit "B" - 3 - EXHIBIT A LEGAL DESCRIPTION The property referred to is located at 140 E. White Lane, in the County of Kern, State of California and is described as follows: ALL THAT PORTION of the northwest 1/4 of Section 17, Township 30 South, Range 28 East, M.D.B.M., in the unincorporated area of the County of Kern, State of California, described as follows: BEGINNING AT A POINT in the south line of said 1/4 Section distant 504.84 feet from the southeast corner of same; THENCE, northerly at right angle 660.00 feet; THENCE, westerly at right angle 66 feet; THENCE, southerly at right angle 660 feet to a point in the south line of said 1/4 section; THENCE, easterly along the south line of said 1/4 section, 66 feet to the point of beginning. EXCEPT the south 30 feet thereof. Said property being a portion of Lot 8 of the above Section, Township and Range. ADD/meg LEGAL EXHIBIT B FINDINGS Public good, interest and necessity require the proposed project and finding based on the following facts: The runway and supporting facilities at Bakersfield Municipal Airport are in need of expansion and improve- ment. The area surrounding the Bakersfield Municipal Airport is blighted and in need of rejuvenation and the expansion of said Bakersfield Municipal Airport will relieve blight and ~ncourage development of the surrounding area. The expansion of the Bakersfield Municipal Airport has previously been approved for funding by the Federal Government pursuant to the Airport Layout Plan, prepared and approved by the Federal Aviation Administration and incorporated herein as Attachment "1". 4. The current runway alignment does not meet minimum FAA airport safety standards necessitating a new alignment. II. The proposed project is planned and located in a manner that will provide the greatest public good and the least private injury. This finding is based on the following facts: 1. Facts stated in Section I above support the public good. The property proposed to be acquired herein along with other properties adjoining said property are the only areas in which expansion can be made for the runway at the Bakersfield Municipal Airport. III. The property being acquired is necessary for the proposed project. This finding is based on the following facts: The airport runway must be expanded in a southerly direction. The property described herein is necessary for the southeasterly expansion of the runway. Page 1 of 2 Exhibit "B" - Continued The current runway is insufficient to properly handle general aviation aircraft. The acquisition of this property is necessary for aircraft operations on the proposed airport, safety, and because of overflight noise and noise from aircraft operations on and about the airport. IV. The offer as required by Section 7267.2 of the Government Code has been made. This finding is based on the following facts: On December 5, 1989, Egan Gost, the City's appointed appraiser, conveyed an offer to Gary and Patricia Rodden, owners of the described property. Said offer, based upon the appraisal of the subject property, was rejected. ADD/meg R RES 5 RN.EX-B.1 1/2/90 Page 2 0f 2 ATTACHMENT BAKERSFIELD AIRPARK AIRPORT MASTER PLAN AIRPORT LAYOUT PLAN q