Loading...
HomeMy WebLinkAboutRES NO 134-88RESOLUTION NO. ~8 A RESOLUTION OF NECESSITY OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE TAKING OF CERTAIN PROPERTY LOCATED BETWEEN HOSKING ROAD AND ASTOR AVENUE, NORTH OF SHANNON DRIVE IN THE GREENFIELD AREA, OUTSIDE THE CITY LIMITS, FOR THE PURPOSE OF ACQUIRING EASEMENT FOR WATER LINE PURPOSES TO A SUBDIVISION IN THE CITY. (CODE OF CIVIL PROCEDURE SECTION 1245.230) WHEREAS, Section 66462.5 of the California Government Code requires that when a subdivider cannot construct required offsite improvements because neither he nor the City has suffi- cient interest in the land required therefor, the City shall pro- ceed to acquire such interest in the property as will. allow the improvements to be constructed; and WHEREAS, the California Code of Civil Procedure (CCP), Section 1240.125, ]provides that a local public entity may acquire, by eminent domain, property outside its territorial limits for water, gas or electric supply purposes; 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 acquisition by eminent domain of certain real property described in Exhibit "A" (the "property") is neces- sary for the purposes of providing water supply to Tract 5029; 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, an appraisal of the said property was completed on January 29, 1988; and WHEREAS, the City of Bakersfield conveyed an offer to the property owners pursuant to said appraisal on May 24, 1988; and WHEREAS, the property owners did not accept the offer of the City of Bakersfield; and D. The offer of just compensation required by California Government Code Section 7267.2 has been made and has not been accepted; and 7. That specific findings of facts supporting the City Council determination set forth in Section 5 above are contained in Exhibit "B" attached hereto and incorporated herein. .......... o0o ......... - 3 - 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 6, 1988 , by the following vote: NONE NONE Deputy CITY CLERK and Ex Officio~ Clerk of the Council of the City of Bakersfield APPROVED July 6,_~988 MAYOR of the City 6f Bakersfield APPROVED as to form: '~ITY ATTORNEY .of th~/~-~'Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" R RES 5 RN.EASEMT1 6/28/88 - 4 - E X H I B I T "A" The East 20 feet of the East 30 acres of the North half of the Northwest quarter of Section 31, Town- ship 30 South, Range 28 East, Mount Diablo Base and Meridian, in the unincorporated area of the County of Kern, State of California. LCM/meg R RES 5 EMINENT3 6/27/88 E X H I B I T "B" FINDINGS Public good, interest and necessity requiring the proposed easement and findings based on the following facts: Tentative Tract 5029, a proposed subdivision, requires a water supply to the prospective residences. II. The proposed easement 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 line along which the easement is proposed to run is the shortest, straightest and most logical line to the closest water supply. III. The property being acquired is necessary for the proposed project. This finding is based on the following facts: 1. The proposed easement alignment in the most logical and efficient direction for the supply of water to the pro- posed s~abdivision. The proposed easement alignment is also the proposed alignment for the northern extension of Shannon Drive, a city street, which is the most common and efficient alignment for a utility easement. IV. The offer as required by Section 7267.2 of the California Government Code has been made. This finding is based on the following facts: On May 24, 1988, Arthur Lee Moore, Public Works Engineer, conveyed by certified mail an offer to Tom and Zita Depedrazzi, owners of record, which Zita Depedrazzi received on May 25, 1988. Said offer was based upon the appraisal of the subject property. This offer was not accepted. LCM/meg R RES 5 EMINENT4 6/28/88