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