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