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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 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 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"