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HomeMy WebLinkAboutRES NO 176-87RESOLUTION NO. 176-87 A RESOLUTION OF THE CITY OF BAKERSFIELD DECLARING THE PUBLIC INTEREST AND NECES- SITY FOR THE TAKING OF CERTAIN PROPERTY FOR MUNICIPAL AIRPORT PURPOSES (PARCELS 3 AND 4). CODE OF CIVIL PROCEDURE SECTION 1245.230. WHEREAS, ~she 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, the City Council approved the appraisal on the herein described property on October 29, 1986; and WHEREAS, the City of Bakersfield has conveyed an offer pursuant to said appraisal on February 19, 1987; and WHEREAS, the property owners did not accept the offer of the City of Bakersfield; and WHEREAS, 'the City of Bakersfield has advised the property owners affected by the acquisition of land needed for the Bakers- field Municipal Airport and has offered the property owners an opportunity to be heard before the City Council on September 23, 1987, pursuant to Section 1245.235 of the California Code of Civil Procedures (C.C.P.); and WHEREAS, the City Council is adopting this resolution in compliance with Sections 1240.030 and 1245.230 of the C.C.P. 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 for the purpose of a public municipal airport; 2. That Section 1240.010 of the California Code of Civil Procedures authorizes municipalities to exercise the right of eminent domain to acquire property necessary for public use; 3. That the property is located on White Lane south of the Bakersfield Municipal Airport and consists of approximately 6.53 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 California Government Code Section not been accepted; compensation required by 7267.2 has been made and has 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 September 23, 1987, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED September 23, 1987 ., ... . ... c.. ~. , - /: 'z. %;..' ,',. '-.. MAYOR of the City of~ Bakersfield APPROVED as to form: ATTORNEY of the City of Bakersfield ADD/meg Attachments R RES 5 RN.AIRPT4 EXH I B I T "A" PARCEL NO. 3 The East 200 feet of the following parcel of land: All that portion of Lot 8, East, M.D.B.&M., County of as follows: Section 17, Township 30 South, Range 28 Kern, State of California, described Beginning at the southeast corner of said Lot 8; THENCE North 89° 55' 06" West along the South line of said Lot 8, 504.97 feet; THENCE North 0° 06' 52" East, 660 feet; THENCE North 89° 55' 06" West, 45.60 feet; THENCE North 0° 06' 52" East, 661.84 feet to a point in 'the North line of said Lot 8; THENCE 89° 54' 57" East along the of said Lot 8, 550.97 feet to the corner of said Lot 8; North line Northeast THENCE So'~th 0° 07' line of said Lot 8, of beginning. 54" West along the East 1321.81 feet to the point EXCEPT the South 30 feet thereof for County road purposes; EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and petroleum within or underlying said land. PARCEL NO. 4 The South 225 feet of the West 100 feet of the East 300 feet of Lot 8 in Section 17, Township 30 South, Range 28 East, Mount Diablo Meridian, in the County of Kern, State of California, according to Sales Map No. 1 of Kern County land of J. B. Haggin and filed in the Office of the County Recorder of said County. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and petroleum within or underlying said land. ADD/meg R RES 5 AIRPOREXA E X H I B I T "B" FINDINGS Public good, interest and necessity require 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 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 Admini~tration and incorporated herein as Attachment "1". 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. 2. The current ranway is insufficient to properly handle general aviation aircraft. Exhibit "B" - Continued 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 February 19, 1987, Mr. J. David Kennon, Economic Development Director, conveyed an offer to Mr. Burger which Mr. Burger received on February 23, 1987. Said offer was based upon the appraisal of the subject pro- perty. On July 22, 1987, another offer was conveyed to Charles and Charlotte Burger as Trustees of the Burger Family, containing the same offer as that of February 19, 1987. This offer was also not accepted by Charles and Charlotte Burger. ADD/meg R RES 5 AIRPORTEXB - 2 Attachment "1" FBO · FACILITIES ANTICIPATED FUTURE FRO FACILITIES ALL WEATHER WIND ROSE IFR WiND ROSE BAKERSFIELD AIRPARK AIRPORT MASTER PLAN AIRPORT LAYOUT PLAN