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.
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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
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R RES 5
RN. AIRPT1
Attachments
Exhibit "A"
Exhibit "B"
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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.
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ATTACHMENT
BAKERSFIELD AIRPARK
AIRPORT MASTER PLAN
AIRPORT LAYOUT PLAN
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