HomeMy WebLinkAboutRES NO 66-65RESOLUTION NOo 66-65
RESOLUTEON DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRES ~ ACQUISITION OF CERTAIN
SUBc~SUPa~ACE RIGHTS FOR WATER SUPPLIES FOR THE C:ETI[
OF BAKERSFIELD AND DIRECTING THE CITY ATTORNEY TO
PROCEED WITH THE ACQUISITION OF THE SAME.
WHEEEAS~ the Council of the City of Bakersfield im full
session on November 9~ 1965 determined that the water situation
relative to the City of Bakersfield and the inhabitants therein is
such as to require certain subs surface rights underlying the City
of Bakersfield for present and future use of said city~ and
WNEREAS~ 'the legislature of the State of California has
declared that rights of any nature in water for the use of a
municipal corporation is a public use subject to eminent dommin~
and
WHEREAS~ pursuant to law~ the Council of the City of
Bakersfield desires to acquire certain subs surface proper~y and
rights more particularly described below°
NOW~ THEREFORE~ BE iT RESOLVED by .~he Council of the
City of Bakersfield that the public interest and necessity requires
the acquisition of sub-surface and property rights as follo~s~
~e plaintiff City shall hereafter acquire the full fee
simple title to all ground water rights-to water for an annual
safe yield to the overlying surface of 30~000 acre feet.of water
and all ground water storage space and g~ound water bearing
substances and basin or part thereof below fifty feet of the' sur~
face of the land within the corporate limits of the City of Bakers=
field therefor; including all uses~ enjoyments~ benefits and
advantages in and to said ground water and its replentshment~ with
t'he rights 't0 'store and divert the water' and receive the uses~
enjoyments; 'benefits and advantages of storages diversion and
re-diversion of water~ and the benefits of adjacent support of
"EXHIBIT
~aid water~ and to u~e said sub°surface land and any ground water
mpace and m~orage basin or portion thereof contained within maid
subs surface land for these purposes~ with the rights to divert said
ground water for reasonable and beneficial use for municipal
purposes within the corporate limits of the City of Bakersfield~
excepting: (1) any and all mineral righte, such as for gas~
petroleum and other hydro~carbon substsmces~ (2} any and
an~ water rights umder rights now vested and in ac~! use
o~hers t~n the plaintiff for reasonable and beneficial use within
the colorate limits of the Gity of Bake~sfieid~ ~3) any and all
rights to water for extract!on and pro=casing of sand and grave~
within the colorate l~its of the City of Sakersfield~ (4) any and
all rights to invade o~ impinge upon any privately o~ed land
within fifty feet of the surface of the l~d within the
l~its of ~he Ci~ of Bakersfield~ and ~5) excepting~ al~o~ any
and all rights to ~ubjacent support of the surface of the ~and
within the colorate l~its of the Ci~ of Bakersfield~
~e title hereby sought to be taken is and shall be
subject to any pez~its issued or to be issued By the plaintiff
for the drilling and operation of wells for the reasonable and
beneficial diversion and use of water for overlying uses within the
colorate l~its of the City of Bakersfield~
BE ~T ~R~ER ESOLVED that subject to the limitation
se~ forth above~ the City Atto~ey of the City of Bakersfield and
Associate Couneel a~e authorized and directed in the ~me of the
City of Bakers field to acquire said p~operty rights set forth
above by cond~stion in accordnee with el% applicable provisions
of law relathg to eminent domain with alte~a~ive cost of quie~
title ~
BE IT ~MX ESOLVED t~ for the pu~ose of preparingD
co~encing and concluding said proceedings the City Atto~ey
hereby authorized and dfrec~:ed ~
1o To =e~a~n and hiT~e exper~m ~d employ amd u~e any
o~he~ pL~fesmional 8e~cee the C~ty Attorney end
~aeoe~a~e Co~sel de~ =ea~o~bly nece~ea~ fo~
ehe eo~nee~nt~ prosecution and conclue~om of ~d
proeeed~ng~ ~
To prepare and p~osecute ~ ~he n~ of Zhe G~y
of Bmke~field~ much p~oceed~mg or p=eceed~g~ ~m
the proper court having jurisdiction thereof as
~7 Be necessa~ or a~isable~
recessed
~XMaemee~ing '~he~eof held on the 9t~_~h, =,day of November~ ~965~
by ~he fol!o~ing vote~
AYESi COUNCILMEN BALFANZ, DOOLIN, HOSKING, PARK, I~UCKER, STIERN, WHITTEMORE.
N._o?..S,. coU,~_c.,_U~:' ,y-d~
A__BSENT COUNCILMrN:,~
ABSTAINING COUNCILMEN: