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Home My WebLink AboutRES NO 146-89RESOLUTION NO. 146-89 A RESOLUTION OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC INTEREST AND NECES- SITY FOR THE TAKING OF CERTAIN PROPERTY FOR MUNICIPAL AIRPORT PURPOSES 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 t~e acquisition of privately owned land; and WHEREAS, the land herein described is necessary for the expansion of the Bakersfield Municipal Airport; and WHEREAS, the City Council approved the appraisal on the herein described property on April 26, 1989, and WHEREAS, the City of Bakersfield has conveyed an offer pursuant to said appraisal on May 4, 1989; and WHEREAS, the property owner did not accept the offer of the City of Bakers[ield; and WHEREAS, the 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 ~eard before the City Council on August 9, 1989, pursuant to Sectfor. 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, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE: 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 ~ection 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 410 E. Planz Road, Bakersfield, California, 93307 and consists of approximately 10.00 acres as more specifically 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 necessary 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; 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 August 9, 1989 by the following vote: AYES: COUNCtLMEMSERS: ANTHONY, D~eMON D, SMITH, RA~TY, PETERSON, McDERMOTT. SALVAGGtO NOES: COUNCILMEMBERS; INone ABSENT: COUNCILMEMBERS ~,cDe ~mot t ABSTAIN: COUNCILMEMBERS: No)r% ~= CITY CLERK and Ex Officio Clerk of the Council of the City of Bakecsfield APPROVED August 9, 1989 MAYOR of the City of Bakersfield Bakersfield ADD/meg/lg Attachments RES 5 R.AIRPT.6 - 3 - E X H I B I T "A" LEGAL DESCRIPTION ALL OF THAT PORTION OF SECTION 8, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON SALES MAP NO. 1 OF LANDS OF J. B. HAGGIN, BEING MORE PARTICULARLY DESCRY[BED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 8, DISTANCE THEREON SOUTH 89 DEGREES 55' 21" EAST, 1311.09 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, BEING THE POINT OF INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 27 AS SHOWN ON SAID SALES MAP NO. 1 WITH SAID SOUTH LINE; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89 DEGREES 55' 21" EAST, 871.55 FEET, THENCE NORTH 36 DEGREES 35' 55" WEST, 903.99 FEET; THENCE NORTH 89 DEGREES 55' 21" WEST, PARALLEL WITH SAID SOUTH LINE, 332.06 FEET TO THE WEST L]~NE OF SAID LOT 27; THENCE SOUTH 00 DEGREES 05' 02" WEST, ALONG SAlaD WEST LINE AND SOUTHERLY EXTENSION THEREOF, 724.30 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFRO~ THE SOUTHERLY 30 FEET OF SAID LAND LYING IN PLANZ ROAD. ALSO EXCEPTING THEREFROM ALL OIL, GAS, AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABOVE DESCRIBED, WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED; ALL OIL, GAS AND OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID PROPERTY; THE EXCLUSIVE ~IGHT TO PROSPECT FOR, DRILL FO~, PRODUCE, MINE EXTRACT AND REMOVE OIL, GAS AN[) OTHER MINERALS UPON, FROM AND THROUGH SAID PROPERTY; THE EXCLUSIVE RIGHT TO INJECT IN, STORE UNDER AND THERE- AFTER WITHDRAW FROM SAID PROPERTY OIL, GAS AND OTHER MINERALS AND PRODUCTS THEREOF WHETHER PRODUCED FROM SAID P~OPERTY OR ELSEWHERE; THE EXCLUSIVE RIGHT TO DRILL AND OPERATE WHATEVER WELLS, CONSTRUCT, INSTALL, OPERATE, ~AINTAIN AND REMOVE WHATEVER OTHER FACILITIES AND DO WHATEVER ELSE MAY BE REASONABLY NECESSARY ON AND IN SAID PROPERTY FOR THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS SO EXCEPTED AND RESERVED; BUT UNLESS GRANTEE O~ ITS SUCCESSORS OR ASSIGNS SHALL GIVE WRITTEN CONSENT TO THE DRILLING OF WELLS UPON THE SURFACE OF SAID LANDS, ALL OF THE FOREGOING RIGHTS SHALL BE EXERCISED ONLY BY THE DRILLING OF WELLS FROM LOCATIONS ON ADJACENT OR NEIGHBORING LANDS INTO OR THROUGH SAID PROPERTY AT LEAST FIVE HUNDRED (500) FEET BELOW THE SURFACE OF THE GROUND AND WITHOUT ENTERING UPON OR USING ANY PORTION OF SAID PROPERTY LYING ABOVE SAID DEPTH, AS RESERVED AND RECITED IN THE DEED FROM KERN COUNTY LAND COMPANY, A DELAWARE CORPORATION, RECORDED ~ARCH 14, 1969 IN BOOK 4257, PAGE 156 OF OFFICIAL RECORDS. E X H I B I T "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 Bakers£ietd Municipal Airport will relieve blight and encourage 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. Thi~ 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. 2. The current runway is insufficient to properly handle general aviation aircraft. ATTACHMENT #1 ALL WEATHER WIND ROSE iFR WIND ROSE BAKERSFIELD AIRPARK AIRPORT MASTER PLAN AIRPORT LAYOUT PLAN