HomeMy WebLinkAboutRES NO 133-89RESOLUTION NO. 133-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD SETTING AND AUTHORIZING NOTICE
OF A HEARING TO CONSIDER AND ACT UPON THE
ADOPTION OF A RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN PROPERTY BY EMINENT DOMAIN
FOR MUNICIPAL AIRPORT PURPOSES.
WHEREAS, the California Code of Civil Procedure (CCP),
Section 1240.050, provides that a local public entity may acquire,
by eminent domain, property within its territorial limits; and
WHEREAS, CCP, Section 1245.220 provides that a public
entity may not commence an eminent domain proceeding until its
governing body has adopted a resolution of necessity; and
WHEREAS, the City Council of the City of Bakersfield
desires to consider the acquisition by eminent domain of certain
real property described in Exhibit A (the "property") for the pur-
poses of further development of a municipal airport; and
WHEREAS, CCP, Section 1245.235 requires that prior to
the governing body of a public entity considering the adoption of
a resolution of necessity, it must give notice to the property
owners of the property and give them a reasonable opportunity to
appear and be heard on the resolution of necessity; and
WHEREAS, the City Council desires to hold a hearing in
order to give any and all property owners that desire to be heard,
an opportunity to appear before the City Council.
NOW, THEREFORE, the City Council of the City of
Bakersfield does hereby resolve as follows:
That a hearing is hereby scheduled for August 9, 1989,
at 7:00 p.m. or soon thereafter as the matter may be heard
in the Council Chambers of the City Hall, 1501 Truxtun Avenue,
Bakersfield, California, for the purpose of considering and acting
upon the adoption of a resolution of necessity for the taking of
certain property, described in Exhibit A, for municipal airport
purposes.
.......... o0o ..........
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 July 12, 1989 , by the
following vote:
AYES: COUNCILMEMBERS ANTHONY, DEMON D, SMITH, RA~-rY, PETERSON, MCDERMO~, SALVAGGIO
NOES; COUNCILMEMBERS, None _
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS; Non
Council of the City of Bakersfield
APPROVED
July 12 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED~ to form:
i'A~_R?j{4/R J. SAAbFIELD ~
CITY ATTORNEY ~f the ~Ity of Bakersfield
ADD/lg
6/19/89
R RES 5
R.AIRPT.1-.2
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 DESCRIBED 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 LINE OF SAID LOT 27; THENCE SOUTH 00 DEGREES 05'
02" WEST, ALONG SAIO WEST LINE AND SOUTHERLY EXTENSION THEREOF,
724.30 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 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
RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, MINE EXTRACT AND
REMOVE OIL, GAS AND 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 PROPERTY OR ELSEWHERE;
THE EXCLUSIVE RIGHT TO DRILL AND OPERATE WHATEVER WELLS, CONSTRUCT,
INSTALL, OPERATE, MAINTAIN 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 OR 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 MARCH 14, 1969 IN
BOOK 4257, PAGE 156 OF OFFICIAL RECORDS.