HomeMy WebLinkAboutRES NO 87-00RESOLUTION NO. 8 7 -O0
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 1426 "P" STREET IN BAKERSFIELD
FOR PARKING FACILITIES FOR THE CENTENNIAL
GARDEN ARENA/CONVENTION CENTER,
ENABLING THE CITY TO CONDEMN THE SUBJECT
PROPERTY PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.220 AND 1245.230.
(WARD 2)
WHEREAS, after notice and opportunity have been given to the property owner(s)
at issue, the City Council of the City of Bakersfield, by vote of two-thirds or more of its
members, hereby finds and determines as follows:
1. The Centennial Garden Arena/Convention Center complex in Bakersfield was
recently constructed/enlarged for the public benefit and additional parking facilities are
needed in order to accommodate increasing traffic volumes; and
2. The City of Bakersfield intends to enlarge the parking facilities provided
therefor and construct related street and parking iimprovements for public use, to carry out
and make effective the principal purpose pursuant to Code Civ. Proc. § 1240.120(a) and,
in connection therewith, acquire interests in certain real property. Said public use is a
function of the City of Bakersfield; and
3. The Public Works Department of the City of Bakersfield has prepared a pla~
of works for the construction of additional parking facilities for the Arena and Convention
Center complex (the "Project"); and
4. A legal description of the subject property is attached as Exhibit "A" and a
general plat map and description of the subject property is attached as Exhibit "B",
attached hereto and incorporated herein by reference; and
5. The real property described in the attached Exhibit"A" and generally depicted
in Exhibit "B" (the "subject property") is required for the completion of the Project; and
6. The City of Bakersfield has fully complied with Code of Civil Procedure
section 1245.235 and now desires to adopt its resolution of necessity in compliance with
Code of Civil Procedure section 1245.230; and
-- Page 1 of 4 Pages --
7. On May 11, 2000 there was mailed a Notice of Hearing on the intent of City
of Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of the
real property described in Exhibits "A" and "B" herein, which Notice of Hearing is attached
hereto as Exhibit "C" and is incorporated herein by this reference. Said Notice of Hearing
was mailed to all persons whose names appear on the last equalized County Assessment
Roll as having an interest in the property described herein. Said Notice of Hearing advised
said persons of their right to be heard on the matters referred to therein on the date and
at the time and place stated therein; and
8. The proposed project for which this acquisition is made is categorically
exempt from CEQA under Section 15311 Accessory Structures, Class Il(b) - construction
and placement of a small parking lot. A "Notice of Exemption" was filed March 20, 2000;
and
9. By Resolution dated April 6, 2000, the Bakersfield Planning Commission
made a General Plan consistency finding pursuant to Government Code section 65402 for
acquisition of the subject property. The contents of said Resolution are incorporated as
though fully set forth herein; and
10. The subject property is to be acquired for the layout, establishment,
construction, and maintenance of the Project. Sections 1800, et seq., and 54031 of the
Streets and Highways Code authorize the City to lay out, acquire, construct, and maintain
the Project. Section 37350.5 of the Government Code, Article III, section 12 of the Charter
of the City of Bakersfield and sections 1240.010, et seq., of the Code of Civil Procedure
authorize the City of Bakersfield to acquire the subject property by eminent domain; and
11. The City Council of the City of Bakersfield hereby finds and determines each
of the following:
a. The public interest and necessity require the Project;
b. The Project is planned, approved, and accepted in a manner compatible
with the greatest public good and the least private injury;
c. The subject property is necessary for the Project; and
d. The offer required by Government Code section 7267.2 has been made
to the owners of record of the subject property; and
12. Specificfindings of fact supporting the City Council's determination herein are
set forth in Exhibit "D" attached hereto and made a part hereof, as well as other evidence
as may be presented at the time of the hearing.
-- Page 2 of 4 Pages --
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. That each of the matters set forth above is true and correct and the City
Council of the City of Bakersfield so finds and determines.
2. That the property described herein is required to complete the Project.
3. That the City exemise its power under Code of Civil Procedure
sections 1240.010, et seq., Government Code section 37350.5, and Article III, Section 12
of the Charter of the City of Bakersfield in acquiring the property discussed herein.
4. That City staff is authorized and directed to take any and all appropriate
actions consistent with the purposes of this resolution including, but not limited 1:o, initiating
proceedings in eminent domain to acquire the subject property, to obtain an order(s) for
immediate possession of the subject property, withdrawal of necessary compensation that
will be awarded in the eminent domain proceedings and to take such other and further
action as may be required to timely obtain the subject property for said public uses and
purposes.
.......... O00 ..........
-- Page 3 of 4 Pages --
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted .by the
Council of the City of Bakersfield at a regular m6eting' thereof held on JUL 1,9 ZS100 _,
by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER I~ ~ ~.~
ABSENT: COUNClLMEMBER ~,1~/~..
COUNCILMEMBER CARSON, DEMOND, MAGGARD, CQUCH,
COUNCILMEMBER ~'J 0 ~ ~
SULLIVAN, SALVAGGIO
CITY CLERK and Ex Officio C/l~rk of the
Council of the City of Bakersf~ld
APPROVED
JUL 19 Z000
By ,, l' t
BOI PRICE
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
MI(~HAEL G. ALLFORD /
Deputy City Attorney
MGA:Isc
S:\COU NCIL\Resos\RON. 1426PSt reet.wpd
April t8, 2000
-- Page 4 of 4 Pages
499839
Page 2
SCHF. DULE A
Name of Assured:
City of Bakersfield
Date of Guarantee:
August 30, 1999 @ 8:00 A.M.
This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an
action for:
Condemnation
The estate or interest in the Land which is covered by this Guarantee is:
A FEE
Title to the estate or interest in the Land is vested in:
Gerald D. Lucas and Janice I-I. Lucas, Co-Trustees, The Lucas Family Trust,
Dated March 15, 1978
The Land referred to in this Guarantee is described as follows:
Lots 3, 4, 5 and 6 in Block 347 in the City of Bakersfield, County of Kern, State of
California, as per Map recorded November' 25, 1898, in Book 1, Pages 113 and 14 of
Maps, in the Office of the County Recorder of said County. Also that portion of the
vacated alley running through said Block 347 adjoining Lots 3 and 4 on the South
and adjoining Lots 5 and 6 on the North, vacated by Resolution No. 384 of the City
Council of Bakersfield, adopted September 20, 1920.
CLTA Guarantee Form No. I
EXHIBIT "A" Z~,
PROPOSED
RESOLUTION NO.
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 1426 "P" STRr;ET IN BAKERSFIELD
FOR PARKING FACILITIES FOR THE CENTENNIAL
GARDEN ARENA/CONVENTION CENTER,
ENABLING THE CITY TO CONDEMN THE SUBJECT
PROPERTY PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.220 AND 1245.230.
(WARD 2)
WHEREAS, after notice and opportunity have been given to the property owner(s)
at issue, the City Council of the City of Bakersfield, by vote of two-thirds or more of its
members, hereby finds and determines as follows:
1. The Centennial Garden Arena/Convention Center complex in Bakersfield was
recently constructed/enlarged for the public benefit and additional parking facilities are
needed in order to accommodate increasing traffic volumes; and
2. The City of Bakersfield intends to enlarge the parking facilities provided
therefor and construct related street and parking improvements for public use, to carry out
and make effective the principal purpose pursuant to Code Civ. Proc. § 1240.120(a) and,
in connection therewith, acquire interests in certain real property. Said public use is a
function of the City of Bakersfield; and
3. The Public Works Department of the City of Bakersfield has prepared a plan
of works for the construction of additional parking facilities for the Arena and Convention
Cente, ....mpl.... (th.. , roCe... ), and
4. A legal description of the subject property is attached as Exhibit "A" and a
general plat map and description of the subject property is attached as Exhibit "B",
attached hereto and incorporated herein by reference; and
5. The real property described in the attached Exhibit "A" and generally depicted
in Exhibit "B" (the "subject property") is required for the completion of the Project; and
6, The City of Bakersfield has fully complied with Code of Civil Procedure
section 1245.235 and now desires to adopt its resolution of necessity in compliance with
Code of Civil Procedure section 1245.230; and
-- Page 1 of 4 Pages --
7. On May 11,2000 there was mailed a Notice of Hearing on the intent of City
of Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of the
real property described in Exhibits "A" and "B" herein, which Notice of Hearing is attached
hereto as Exhibit "C" and is incorporated herein by this reference. Said Notice of Hearing
was mailed to all persons whose names appear on the last equalized County Assessment
Roll as having an interest in the property described herein. Said Notice of Hearing advised
said persons of their right to be heard on the matters referred to therein on the date and
at the time and place stated therein; and
8. The proposed project for which this acquisition is made is categorically
exempt from CEQA under Section 15311 Accessory Structures, Class Il(b) - construction
and placement of a small parking lot. A "Notice of Exemption" was filed March 20, 2000;
and
9. By Resolution dated April 6, 2000, the Bakersfield Planning Commission
made a General Plan consistency finding pursuant to Government Code section 65402 for
acquisition of the subject property. The contents of said Resolution are incorporated as
though fully set forth herein; and
10. The subject property is to be acquired for the layout, establishment,
construction, and maintenance of the Project. Sections 1800, et seq., and 54031 of the
Streets and Highways Code authorize the City to lay out, acquire, construct, and maintain
the Project. Section 37350.5 of the Government Code, Article Ill, section 12 of the Charter
of the City of Bakersfield and sections 1240.01(:), et seq., of the Code of Civil Procedure
authorize the City of Bakersfield to acquire the subject property by eminent domain; and
11. The City Council of the City of Bakersfield hereby finds and determines each
of the following:
a. The public interest and necessity require the Project;
b. The Project is planned, approved, and accepted in a manner compatible
with the greatest public good and the least private injury;
c. The subject property is necessary for the Project; and
d. The offer required by Government Code section 7267.2 has been made
to the owners of record of the subject property; and
12. Specific findings of fact supporting the City Council's determination herein are
set forth in Exhibit "D' attached hereto and madle a part hereof, as well as other evidence
as may be presented at the time of the hearing.
-- Page 2 of 4 Pages--
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. That each of the matters set forth above is true and correct and the City
Council of the City of Bakersfield so finds and determines.
2. That the property described herein is required to complete the Project.
3. That the City exercise its power under Code of Civil Procedure
sections 1240.010, et seq., Government Code section 37350.5, and Article Ill, Section 12
of the Charter of the City of Bakersfield in acquiring the property discussed herein.
4. That City staff is authorized and directed to take any and all appropriate
actions consistent with the purposes of this resolution including, but not limited to, initiating
proceedings in eminent domain to acquire the subject property, to obtain an order(s) for
immediate possession of the subject property, withdrawal of necessary compensation that
will be awarded in the eminent domain proceedings and to take such other and further
action as may be required to timely obtain the subject property for said public uses and
purposes.
.......... o0o ..........
-- Page 3 of 4 Pages--
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
by the following vote:
AYES:
NOES:
ABSTAIN:
ASSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMSER
COUNClLMEMBER
COUNCILMEMBER
APPROVED
CITY CLERK and EX Officio Clerk of the
Council of the City of Bakersfield
By
BOB PRICE
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By
MICHAEL G. ALLFORD
Deputy City Attorney
MGA:lsc
S:\COU NCIL\ReSOs\F~ON. 1426PStreet.wpd
April 18, 2000
-- Page 4 of 4 Pages--
499839
Page 2
S CI-IED LrI.~ A
1. Name of Assured:
City of Bakersfield
2. Date of Guarantee:
August 30, 1999 @ 8:00 A.M.
3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an
action for:
Condemnation
4. The estate or interest in the Land which is cow~red by this Guarantee is:
A FEE
5. Title to the estate or interest in the Land is ves'~ed in:
Gerald D, Lucas and Janice H. Lucas, Co-Trustees, The Lucas Family Trust,
Dated March 15, 1978
6. The Land referred to in this Guarantee is described as follows:
Lots 3, 4, 5 and 6 in Block 347 in the CiD' of Bakersfield, County of Kem, State of
California, as per Map recorded November' 25, 1898, in Book 1, Pages 13 and 14 of
Maps, in the Office of the County Recorder of said County. Also that portion of the
vacated alley running through said Block 347 adjoining Lots 3 and 4 on the South
and adjoining Lots 5 and 6 on the North, vacated by Resolution No. 384 of the City
Council of Bakersfield, adopted September 20, 1920.
CLTA Guaa~qtee Form No. I
Exhibit "A"
~-36
City OF BAKERSP".IELD
~ A. 77 8 .~a'
/
SCHOOL. DIST.
~-36
The estate or interest in the Land which is covered by this Guarantee is:
A FEE
Title to the estate or interest in the Land is vested in:
Gerald D. Lucas and Janice H. Lucas, Co-Trustees, The Lucas Family Trust,
Dated March 15, 1978
The Land referred to in this Guarantee is described as follows:
Lots 3, 4, 5 and 6 in Block 347 in the City of Bakersfield, County of Kern, State of
California, as per Map recorded November 25, 1898, in Book 1, Pages 13 and 14 of
Maps, in the Office of the County Recorder of said County. Also that portion of the
vacated alley running through said Block 347 adjoining Lots 3 and 4 on the South
and adjoining Lots 5 and 6 on the North, vacated by Resolution No. 384 of the City
Council of Bakersfield, adopted September 20, 1920.
CiTY OF BAKERSFIELD
PLAT MAP
EXI-HBIT" ~
~:r ',::~:'~-' CiD'
Bakersfield
BAKERS]FIELD
January 27, 2000
Gerald D. ez ]anice H. Lucas, Co-Trustees
of The Lucas Family Trust, dated March 15, 1978
820 Fai~ay Drive
Bakersfield, CA 93309
Subject: 1426 "P" Street -Offer of Just Compensation and Summary of Basis of Offer
Dear Mr. t~ Mrs. Lucas:
The Bakersfield City Council has authorized the acquisition of your property to provide
additional parking for the CentenniaIGarden Arena/Convention Center. Attached as Exhibit
"A" is a map and legal description of the property the City desires to acquire.
Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers
$ 300,000 as total just compensation for your property. This is the full market value of your
property as determined by Michael Launer, MAI,. an independent fee appraiser.. A~ched
as Exhibit "B" is a summary of the basis for the amount of just compensation offered.
Since you do not presently occupy the property, the above offer neither reflects nor qualifies
for relocation assistance. However, your tenant is entitled to relocation assistance.
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.
A timely response to the City's offer would be appreciated. Thank you.
Senior Real Property Agent
Atr2chments
CC:
Alan Tandy, City Manager
Gregory ]. Ktimko, Finance Director
Michael G. Allford, Deputy City Attorney
City of Bakersfield . Property Management Division · 1501 Truxtun Avenue
Bakersfield. California' 93301 _×BtBiT"'~
(661) 326-3o61 · Fa>((661) 324-7483 }~
property@ci, bakersfield, ca. us ':~ ~::~
Exhibit '~B"
Summary Statement Accompanying Govt. Code § 7267.2(a)
Offer Relating to Acquisition Procedures
For Purchase of Real Property
The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from
whom the City of Bakersfield purchases real property be provided the following information which may or may
not be applicable to your property and this proposed acquisition.
You are entitled to receive full payment prior to vacating the real property being pumhased
unless you have heretofore waived such entitlement. You are not required to pay recording
fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any
period subsequent to the passage of title or possession.
All buildings, structures and other improvements affixed to the land described in the
referenced document(s) covering this transaction and owned by the grantor(s) herein are
being conveyed unless other disposition of these improvements has been made. The
interest acquired is a fee. The property being purchased comprises 34,848 square feet and
is described in the attached summary.
The amount determined to be just compensation was determined after consideration of an
appraisal of the fair market value of your property. The basis for the amount determined to
be just compensation is summarized on the attached Statement of and Summaryofthe Basis
for the Amount Established as Just Compensation and such amount:
Represents the full amount that Ci~ of Bakersfield established as the amount which
it believes to be just compensation;
Is no less than the full amount of the public entity's approved appraisa~l of fair market
value for the property to be purchased; and
Disregards any decrease or increase in the fair market value of the real property
proposed to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired or the likelihood that the
propert~ would be acquired for such public improvement, other than due to physical
deterioration within the reasonable control of the Owner or occupant.
4. Just compensation of the property to be acquired: $300,000.00.
A~ached hereto is a summary of the basis for the Appraisal (prepared pursuent to California
Code of Civil Procedure § 1255.010), which appraisal was used by City of Bakersfield to
determine the amount it established as just compensation.
Dated:
if you ultimately elect to reject the offer of City of Bakersfield for your property, you are
entitled to have the amount of compensation determined by a court of [aw in accordance with
the laws of the State of California.
Senior Real Property Agent
Summanj of the Basis for the
Amount Established as Just Compensation
The following is a summary of the basis for the amount that City of Bakersfield established as just
compensation, which amount was derived from an appraisal as approved by City of Bakersfield. The
appraisal was prepared to comply with Code of Civil Procedure §1255.010 and to assist City of Bakersfield
to acquire property by negotiated agreement with Owners, so as to avoid litigation, relieve congestion in the
courts, and assure consistent treatment for Owners as required by Government Code § 7267. 'The appraisal
was made in accordance with accepted appraisal principles, consistent with California valuation taw. A
statement of the appraisal process, which was the basis for the valuation conclusions, follows.
Date of Valuation Used
October 11, 1999
Property Identification
Record Owner: Gerald D. and Janice H. Lucas, Co-Trustees ofThe Lucas Family Trust,
dated March 15, 1978 Parcel Number: 006-360-01
Property address: 1426 ,,p, Street, Bakersfield, CA 93301
Date acquired: November 15, 1979 IRS $ None
Price paid $. Not disclosed
as transferred to a trust
Character of interest being considered for acquisition:
Fee simple
The proposed acquisition is: For all of the property.
Area of parcel proposed to be acquired is: 34,848 square feet, including a Class "C"
warehouse and appurtenances thereto.
Topography: Level Shape: 132'x 264'
Access: 14t~ and "P" Streets
Utilities: Gas, water, sewer, electric, telephone
Environmental Conditions: No adverse conditions noted durinq inspection of property
Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable and legal use of [and which is legally
permissible, physically possible, and financially feasible that results in the highest value. Highest and
best use analysis is used in the appraisal process to identify comparable properties and, where
applicable, to determine whether the existing improvements should be retained, renovated, or
demolished. The results of the highest and best use analysis are:
Present use: Under lease to Weatherby's Furniture for dnf storaqe
Applicablezoning: C~CCivicCenter Applicable general plan designation G~C General Commercial
Reasonably probable legal land use designation in the near future: No chanqe anticipated
Highest and best legal use of the property reasonably probable in the near future:
commercial/industrial storaqe warehouse
-1-
Value Estimate: Application of the Three Accepted Approaches to Value
Three accepted approaches to value were used to derive indicators of the fair market value of Subject
Property. The three approaches to value which are in accordance with accepted appraisal principles and
consistent with California valuation law are: 1) the sales comparison approach; 2) the income capitalization
approach; and 3) the cost approach.
The sales comparison approach was used. The sales comparison approach is used to derive a value
indication by comparing the property being appraised to similar properties that have sold recently,
applying appropriate units of comparison, and making adjustments to the comparables based on the
elements of comparison. This is usually the preferred method of valuation when comparable, sales
data are available. The sales comparison approach was based on the consideration of comparable
sales which sold within a reasonable time of the date of valuation for unadjusted prices ranging from
$ 125,000.00 to $ 387,500.00
The income capitalization approach was used. The income capitalization approach is a set of
procedures through which a value indication for inoome-producing property is derived. The income
approach converts the anticipate net income (rent',, into an indication of property value. The income
approach is based on a consideration of comparable rents in the range of $ O14 p.s.f, to
$ 0.32 p.s.f, and a capitalization rate of 10 percent.
The cost approach was used. The cost approach is a set of procedures through which a value
indication is derived for the fee simple interes'', in a property by estimating the current cost
replacement new for the existing structure; deducting accrued depreciation from the replacement
cost; and adding the estimated land value. The replacement cost after deducting for depreciation was
estimated to be $ 293,000.00 .
Value Estimate: Reconciliation of the Value Indications of Each of the Approaches to Value
The valuation indications derived from the approaches used were reconciled to provide a single value
indication.
Valuation Conclusions
Based on the valuation derived from the said appraisal, the amount which City of Bakersfield believes to be
just compensation follows:
Fair Market Value of Parcel: $
300,000.00
You are further advised that:
In addition to the information already provided in this Summary, California Code of Regulations, Title
25, Div. 1, § 6180(0 provides that after receiving the public entity's offer, the Owner may request prior
to the commencement of an eminent domain proceeding and the public entity shall provide:
The identification of some of the market transactions (e.g. sales, contracts to sell and purchase,
leases to the extent that the determination of just compensation was based thereon) together with the names
and addresses, if known, of the parties to the transaction, the location of the property subject to the
transaction, the date of the transaction, and the price and other significant terms and circumstances of the
transaction, if known; and
Dated:
Said information will be provided upon written request of the Owner made prior to the commencement
o~ any eminent domain proceeding. ~- ·
" ~ ' lvlichaei Launer:, MAI
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PROOF OF SERVICE
I am over the age of eighteen years and not a party to the within action; my business address
is 1501 Truxtun Avenue, Bakersfield, California 93301.
On the date last written below, I served the attached OFFER TO PURCHASE AND SUMMARY
STATEMENT ACCOMPANYING GOVT. CODE § 7267(a) OFFER on the party(les) listed below,
through their attorneys of record, if any, by facsimile transmission, by personaldelivery or by placing
true copies/originals thereof in sealed envelope(s)s addressed/designated as shown below:
A. BY MAIL - I enclosed such document i,n sealed envelope(s) with the name(s) and address(s)
of the person(s) served as shown on the envelope(s) and caused such envelope(s) to be
deposited in the mail at Bakersfield, California. The envelope(s) was/were mailed with postage
thereon fully prepaid. I am "readily familiar" with the firm's practice of ccllection and processing
correspondence for mailing. It is deposited with the U.S. postal service on that same day in the
ordinary course of business. I am aware that on motion of panty, service is presumed invalid
if postal cancellation date or postage meter date is more than one day after date of deposit for
mailing in affidavit.
Bo
BY OVERNIGHT SERVICE - I caused each such envelope to be delivered by overnight service
to the addressee(s) noted below.
BY FACSIMILE SERVICE - I placed such document in a facsimile machine (pursuant to
California Rules of Court, Rule 2003(3)). Upon facsimile transmission of the document, I
obtained a report from the transmitting facsimile machine stating that the facsimile transmission
was complete and without error. A copy of the transmission report is attached to this Proof of
Service pursuant to Cafifornia Rules of Court, Rule 2008(e).
TYPE OF
BY PERSONAL SERVICE - I caused such envelope(s) to be delivered by hand to the ~
the addressee(s).
SERVICE.
D
ADDRESSEE
FA)( NO.
X
(STATE) I declare under penalty vf p..rju y ,.rider the laws of the S,,:,~ o, California tnar the
above is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the Bar of this Court a
whose direction the service was made.
Executed on January 7
,2000 at Bakersfield, Ca~lifomia. /'~
NOTICE OF HEARING REGARDING THE INTENT OF THE
BAKERSFIELD CITY COUNCIL TO ADOPTA RESOLUTION
OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
To:
Gerald D. and Janice H. Lucas, Co-Trustees
The Lucas Family Trust, dated March 15, 1978
820 Fairway Drive
Bakersfield, California 93309
Re:
Notice of Hearing regarding adoption of a Resolution of Necessity
to acquire property located at 1426 "P" Street, Bakersfield
(APN 006-360-01 ) by Eminent Domain
[California Code of Civil Procedure section 1245.235]
Dear Property Owners:
1. Notice of the Intent of the Bakersfield City Council to Adopt a Resolution
of Necessity. The Bakersfield City Council ("City") intends to consider the adoption of a
Resolution of Necessity on June 14, 2000 which, if adopted, will authorize the City to
acquire the property described as 1426 "P" Street, Bakersfield, California 93301, and
depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by
eminent domain for parking for the Centennial Garden Arena/Convention Center complex.
2. Notice of Your Right to Appear and Be Heard. Please take notice that the
Bakersfield City Council, &t a regular meeting to be held on Wednesday, June 14, 2000,
at 7:00 p.m. or as soon thereafter as the matter may be heard, at 1501 Truxtun Avenue,
Bakersfield, California 93301, will hold a hearing on whe(her such a Resolution of
Necessity should be adopted, as required by Code of Civil Procedure section 1245.220 for
the commencement of an eminent domain proceeding to acquire real property.
You have the right to appear and be heard before the City Council at the
above-scheduled hearing on the following issues, and to have the City Council give
judicious consideration to your testimony prior [o deciding whether or not to adopt the
proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed acquisition;
b. Whether the proposed acquisition is planned or located in the manner that
will be most compatible with the greatest public good and the least public injury;
c. Whether the property sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project;
d. Whether the offer required by Govt. Code § 7267.2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
(attached) were in a form and contained all of the factual information required by Govt.
Code § 7267.2(a) (attached);
Page No. 2
e. Whether the City has statutory authority to acquire the property by eminent
domain;
f. Whether the City has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property described herein,
The project for which this acquisition is made is categorically exempt from CEQA
under section 15311 Accessory Structures, Class Il(b) - construction and placement of a
small parking lot. A "Notice of Exemption" was filed March 20, 2000.
The statute(s) which authorize the City of Bakersfield to acquire the property by
eminent domain for this project include, b ut are not limited to, California Govt. Code section
54031 (Parking) and Streets and Highways Code sections 5100, et seq. (Street
Improvement Act acquisitions). Additional authority is set forth inthe proposed Resolution
of Necessity attached hereto.
3. Failure to File a Written Request to I~e Heard Within Fifteen (15) Days After
this Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard.
If you desire to be heard, you must file a written request with the Clerk of the Bakersfield
City Council within fifteen (15) days after this Notice was mailed. You must file your
request to be heard at: Bakersfield City Clerk, 1501 Truxtun Avenue, Bakersfield,
California 93301. Should you elect to mail your request to the clerk of the governing
board, it must be actually received by the clerk for filing within fifteen (15) days after this
Notice was mailed. The date of mailing appears at the end of this Notice.
California Code of Civil Procedure section 1245.235(b)(3) provides that "failure
to file a written request to appear and be heard within fifteen (15) days after the Notice was
mailed will result in waiver of the right to appear and be heard" on the above issues which
are the subject of the hearing.
If you elect not to appear and be heard in regard to compensation, your
nonappearance will not be a waiver of your right to claim greater compensation in
a court of law. The amount to be paid for the property will not be considered by the
Council at this hearing.
The amount of the compensation to be paid for the acquisition of the
property is not an issue being heard by the Bakersfield City Council
at this time. Your nonappearance at this noticed hearing will not
prevent you from claiming greater compensation, in and as
determined by a court of taw in accordance with the laws of the State
of Califorrda. This Notice is not intended to foreclose future
negotiations between you and the representatives of the City of
Bakersfield on the amount of compensation to be paid for your
property.
Page NO. 3
If you elect not to appear and not to be heard, your failure to appear will be
a waiver of your right to later challenge the right of the City of Bakersfield to take the
property by eminent domain.
If you elect not to appear and not b2 be heard, you will only be
foreclosed from raising in a court of law the issues which are the
subject of this noticed hearing and which are concerned with the right
to take the property by eminent domain.
If the City of Bakersfield elects to adopt the Resolution of Necessity, then within
six months of the adoption of the Resolution, the City will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
Dated and mailed on May 11, 2000.
Very truly yours,
MICHAEL G. ALLFORD
Deputy City Attorney
MGA:Isc
cc: Donald M. Anderson, Senior Real Proped:y Agent
Thomas C. Fallgatter, Esq.
Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP
P.O. Box 11172
Bakersfield, California 93389~1172
Attachments:
Exhibit '%": Proposed Resolution of Necessity
Exhibit "B": Offer and Statement/Summary
Exhibit "C": Government Code section 7267.2(a)
S:~Attorney~LETTERS\Lucas. RON.wpd
PROOFOFSERVlCE
I am over the age of eighteen years and not a party to the within action; my business address is 1501
Truxtun Avenue, Bakersfield, California 93301.
On the ·date last written below, I served the attached NOTICE OF HEARING REGARDING THE
INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO
ACQUIRE PROPERTY BY EMINENT DOMAIN on the party(ies) listed below, through their attorneys of
record, if any, by facsimile transmission, by personal delivery or by placing true copies/originals thereof in
sealed envelope(s)s addressed/designated as shown belew:
BY MAIL - ~ enclosed such document in sealed envelope(s) with the name(s) and address(s) of the
person(s) served as shown on the envelope(s) and caused such envelope(s) to be deposited in the
mail at Bakersfield, California. The envelope(s) was/were mailed with postage thereon fully prepaid.
I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing.
it is deposited with the U.S. postal service on that same day in the ordinary course of business. I am
aware that on motion of party, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
BY OVERNIGHT SERVICE - I caused each such envelope to be delivered by overnight service to
the addressee(s) noted below.
BY FACSIMILE SERVICE - I placed such document in a facsimile machine (pursuant to California
Rules of Court, Rule 2003(3)) with the fax number of (661) 852-2020. Upon facsimile transmission
of the document, t obtained a report from the transmitting facsimile machine stating that the facsimile
transmission was complete and without error. A capy of the transmission report is attached to this
Proof of Service pursuant to California Rules of Court, Rule 2008(e).
BY PERSONAL SERVICE - ~ caused such envelope(s) to be delivered by hand to the effice of the
addressee(s).
TYPE OF
SERVICE
ADDRESSEE FAX NO.
A
· Gerald D. and Janice H. Lucas, Co-Trustees
The Lucas Family Trust
820 Fairway Drive
Bakersfield, CA 93309
A
Thomas C. Fallgatter, Esq.
P.O. Box 11172
Bakersfield, CA 93389-1172
D
Courtesy Copy to:
Donald M. Anderson, Senior Real Prope~ Agent
X
(STATE) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the Bar of this Court
at whose direction the service was made.
Executed on May 11, 2000 at Bakersfield, California.
LINDA COHEN
FINDINGS OF FACT
The public good, interest, and necessity require the proposed project based on the
following facts:
The proposed project is to expand the available public parking facilities for
the Centennial Garden arena/Convention Center complex (herein
("Complex"). While the present parking facilities met the minimum
requirements of the development when approved and constructed, ever
increasing attendance has necessitated additional parking facilities to
accommodate ever-increasing tralh"ic flows.
The new parking facility would consist of a 34,848 square foot,, single level
parking area with parking stalls, bus parking, and expanded passenger drop-
off capabitity. The new facility will be located immediately south of and within
walking distance of the Centennial Garden Arena/Convention Center
Complex. Furthermore, vehiculadpedestrian traffic access and public safety
will be further facilitated by completion of the "Q" Street underpass project,
allowing access to the complex from the new parking facility when trains are
present along the adjoining BNSF rail line which delays/impairs vehicular
access to the parking facilities presently provided for the Complex on "N"
Street which lie south of the rail line.
Acquisition of the subject property' in conjunction with completion of the "Q"
Street underpass project will allow unimpeded traffic flow to all Complex
parking lots between "M" and "Q" Streets (south of the BNSF rail line)from
14th Street. This reconfiguration will address the numerous complaints
received regarding delays to Complex traffic when trains are present at the
"N" Street crossing and further resolve the public safety hazard created by
vehicles backed up along "N" Street onto Truxtun Avenue white waiting for
the train(s) to clear the "N" Street crossing.
The condemnation of the subject property is necessary to allow expansion
of additional parking facilities to alleviate existing and projected public traffic
flow to and attendance at the Cornplex. Said traffic flow and attendance will
increase due to further developmentl including the recent construction of an
Amtrak station adjacent to the Complex. The plans, specifications and
design providing for the parking facilities project are incorporated herein and
EXHIBIT "D"
-- Page I of 3 Pages--
II.
made a part hereof. Furthermore, when events are Scheduled during normal
working hours on weekdays, the Complex is not permitted to utilize the
covered County of Kern parking facility adjacent to the Complex (west of"N"
Street) resulting in the loss of approximately 800 parking spaces. Acquisition
of the subject property for parking purposes wilt mitigate this loss while still
providing safe vehicular/pedestrian access to the Complex via the "Q" Street
underpass route.
At present, the Complex is permitted to use approximately forty (40) excess
parkin9 spaces at the Amtrak station located at the northeast corner of "Q"
Street and the BNSF railroad lines. However, negotiations are under way
with Amtrak whereby Amtrak may insist upon its exclusive use of these
parking spaces, thereby denying use of same to Complex traffic. The
potential loss of these "excess" Amtrak parking spaces justifies their
replacement at the subject property which would further enhance the public
safety and convenience due to its (;loser proximity to the ComPlex than the
current Amtrak parking tot.
The construction of the parking facilities project discussed herein has
previously been approved by the City as more fully set forth in the Project
Study Report which is incorporated herein and made a part hereof by this
reference.
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 immediately abuts adjoining
property presently used for a food bank which the City is also acquiring for
the parking facilities project, adding to the safety and convenience of the
public access.
An alternative plan to expand the existing parking facilities adjacent to the
Complex was considered but rejected due to restricted vehicular traffic
access. Completion of the "Q' Street underpass project makes the subject
property ideally situated to provide additional Complex parking facilities
which will not delay/impair vehicular or pedestrian traffic to and from the
Complex when trains are present along the intervening BNSF rail ~ine. This
site has been determined to meet all existing needs while also allowing for
EXHIBIT "D"
-- Page 2 of 3 Pages--
Ill.
IV.
future expansion in anticipation of increased attendance atthe Complex, and
the Project Study Report was performed with this in mind.
By Resolution of April 6, 2000, the Bakersfield Planning Commission made
a finding of consistency with the General Plan pursuant to Government Code
section 65402 relative to acquisition of this property. The contents thereof
are incorporated as though fully set forth herein.
The property being acquired is necessary for the proposed project. This finding is
based on the following facts:
The property to be condemned is located within walking distance of the
Complex and the project is designed to improve traffic flow and pedestrian
access to and from the Complex, downtown hotel and Amtrak train facilities.
The proximity of the property to the Complex and adjacent commercial and
public development including an Amtrak station makes it ideal for
enhancement of the public safety and convenience for public parking
purposes. The plans and specifications for such construction support this
finding and are set forth herein by this reference and made a part hereof.
Ever increasing and congested vehicle and pedestrian traffic flow will be
alleviated by the acquisition of this particular parcel of property sc, as to allow
expansion of public parking facilities at this site.
All information presented at the time of hearing in support of the findings set forth
in Sections I through III herein is incorporated by this reference.
The offer as required by section 7257.2 of the Government Code has been made.
This finding is based on the following facts:
Donald M. Anderson, the City of Bakersfield's Senior Real Property Agent,
conveyed a written offer required under section 7267.2 of the Government
Code to Gerald D. and Janice H. L. ucas, Co-Trustees of the Lucas Family
Trust, dated March 15, 1978, owners of the subject property. The offer was
dated January 27, 2000 and was based upon the appraisal of the property.
The property owners have rejected the offer given them by the City.
EXHIBIT ,,r),,
-- Page 3 of 3 Pages--
Government Code section 7267.2(a) provides:
Prior to adopting a resolution of necessity pursuant to
section 1245.230 and initiating negotiations for the acquisition of real
property, the public entity shall establish an amount which it believes
to be just compensation therefor, and shall make an offer to the
Owner or Owners of record to acquire the property for the full amount
so established, unless the Owner canl~ot be located with reasonable
diligence. The offer may be conditioned upon the legislative body's
ratification of the offer by execution of a contract of acquisition or
adoption of a resolution of necessity or both. In no event shall the
amount be less than the public entity's approved appraisal of the fair
market value of the property. Any decrease or increase of the fair
market value of real property is acquired, or by the likelihood that the
property would be acquired for the improvement, other than that due
to physical deterioration within the reasonable control of the Owner or
occupant, shall be disregarded in determining the compensation for
the property. The public entity sha~ll provide the Owner of real
property to be acquired with a written statement of and summary of
the basis for the amount it established as just compensation. Where
the property involved is Owner-occupied residential property and
contains no more than four residential units, the homeowner shall,
upon request, be allowed to review a copy of the appraisal upon
which the offer is based. Where appropriate, the just compensation
for the real property acquired and for damages to the remaining
property shall be separately stated,
EXHIBIT "C"