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Home My WebLink AboutRES NO 152-14RESOLUTION NO. 152- 4 CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR THE AMTRAK PARKING LOT EXPANSION PROJECT (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution and Code of Civil Procedure Section 1240.010 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, in order to improve traffic capacity and circulation in the area in and around the Amtrak Station, Bakersfield, and to promote the public welfare and safety, the City of Bakersfield is planning an Amtrak parking lot expansion (the "Project "); and WHEREAS, as set forth in the administrative report, the public interest and necessity require that a portion of real property commonly described as APN 006 - 140 -10 in Bakersfield, California, and more particularly described in Exhibit "1" attached hereto and incorporated herein by reference (the "Property "), be acquired in fee simple for the Project; and WHEREAS, the City of Bakersfield has provided the record owner of the Property with notice and opportunity to appear and be heard on the matters referred to in California Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council did hear and consider all of the evidence presented. NOW THEREFORE incorporating herein the above recitals, be it resolved by at least a two - thirds vote of the members of the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this Resolution, as follows: 1. The City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; AK,9q S:\ COUNCIL \Resos \14- 15 \RON.Amtrak.Epp Trust.Docx t- m -- Page 1 of 4 Pages OR1(31NAL (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The property sought to be acquired is necessary for the Project; and (d) The offer required by Government Code Section 7267.2, a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference, has been made to the property owner or owners of record. 2. The City Attorney is hereby authorized and directed to commence and maintain a proceeding in and for the City of Bakersfield to acquire for the City of Bakersfield the required interest in the Property. 3. The City Attorney is hereby authorized and directed to make application to the court for an Order for Possession Before Judgment in these proceedings; and 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $94,000.00, the warrant to be made payable to the State Treasury Condemnation Fund and delivered to the City Attorney to be deposited with the payee as a security for the Order for Possession Before Judgment. S: \COUNCIL \Resos\ 14- 15 \RON.Amfrak.Epp Trust.Docx -- Page 2 of 4 Pages -- o�OAKF � m v ry ORIGINAk, 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 AUG 13 2014 , by the following vote: COUNCILMEMBER RIV RA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER b,105M,. ABSTAIN: COUNCILMEMBER NDc`a.- ABSENT: COUNCILMEMBER NCX-9--- 4464'�� ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUJ 13 2014 HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attoj4:ipy . ANDREW HEGLLIq Deputy City Attorney AHAII Attachments: Exhibit 1 - Property Description Exhibit 2 - Offer Letter OAK' �� p, S:\ COUNCIL \Resos \14- 15 \RON.Amtrak.Epp Trust. Docx F m -- Page 3 of 4 Pages -- " ° ORIGINAL. CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the day of , 2014. ROBERTA GAFFORD, CMC S:\ COUNCIL \Resos \14- 15 \RON.Amtrak.Epp Trust.Docx -- Page 4 of 4 Pages -- O� 6AKF,Q� s ~ r ORIGINAL EXHIBIT "A" LOT 3 IN BLOCK 8 OF THE FIRST SUBDIVISON OF THE KRUSE TRACT, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 3, 1911, IN BOOK 2, PAGE 30 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBJECT TO A DEED OF TRUST OF RECORD WHICH THE GRANTEE HEREIN AGREES TO ASSUME AND PAY. APN: 006 - 140 -10 -7 1030747.1 EXHIBIT" I o`` 0 AK�9s f- m U � ORIGINAL June 6, 2014 The Epp Family Trust Attention: Werner H. Epp 419 Houchin Rdoad Bakersfield, CA 93304 Re: PUBLIC WORKS - Amtrak Parking Lot Expansion Project - Offer to Purchase Real Property - The Epp Family Trust - APN 006 - 140 -10 Dear Mr. Epp: The Bakersfield City Council has authorized negotiations to purchase your property, located at 411 Truxtun Ave. Bakersfield, CA 93301, for the Amtrak Parking Lot Expansion Project. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Ninety -Four Thousand Dollars ($94,000) as total just compensation for the acquisition of your property for the project. The above offer represents the full amount believed by the City to be just compensation for your property. The City's determination of just compensation for the real property to be acquired is based upon an inspection of the property, sales of comparable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair market value of the property prior to the appraisal of this property caused by the City's interest in the property. Also, the above offer does not include relocation assistance to which you may be entitled. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser is licensed with the Office of Real Estate Appraisers (OREA); 'XHIBIT" " oX a U KJ ORIGINAL • B A K E R S F I E L D June 6, 2014 The Epp Family Trust Attention: Werner H. Epp 419 Houchin Rdoad Bakersfield, CA 93304 Re: PUBLIC WORKS - Amtrak Parking Lot Expansion Project - Offer to Purchase Real Property - The Epp Family Trust - APN 006 - 140 -10 Dear Mr. Epp: The Bakersfield City Council has authorized negotiations to purchase your property, located at 411 Truxtun Ave. Bakersfield, CA 93301, for the Amtrak Parking Lot Expansion Project. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Ninety -Four Thousand Dollars ($94,000) as total just compensation for the acquisition of your property for the project. The above offer represents the full amount believed by the City to be just compensation for your property. The City's determination of just compensation for the real property to be acquired is based upon an inspection of the property, sales of comparable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair market value of the property prior to the appraisal of this property caused by the City's interest in the property. Also, the above offer does not include relocation assistance to which you may be entitled. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser is licensed with the Office of Real Estate Appraisers (OREA); 'XHIBIT" " oX a U KJ ORIGINAL Offer to Purchase The Epp Family Trust Dated June 14, 2013 June 6, 2014 Page 2 of 2 c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City along with copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser. The costs must be reasonable and justifiable. The City's offer is subject to: approval by the Bakersfield City Council; availability of funding for this acquisition; an environmental review and your ability to deliver unencumbered title. The City will pay normal closing costs, i.e. escrow fee and title insurance. You will be responsible for the costs of delivering unencumbered title, i.e. taxes, demands by lien holders. Please contact me at your earliest convenience to discuss the City's offer. I may be reached by telephone at (661) 326 -3181 or by email at rwilliams @bakersfieldcity.us Sincerely, Renee Williams Real Property Agent Enclosures: Legal Description of property to be acquired Appraisal prepared by Merriman Hurst & Associates cc: Nick Fidler, Acting Public Works Director Donald M. Anderson, Real Property Manager City of Bakersfield • Property Management Division • 1600 Truxtun Avenue bAK Bakersfield • California • 93301 F9�� (661) 326 -3061 • Fax (661) 852 -2042 propertyC&bakersfieldcityus ORIGINAL