HomeMy WebLinkAboutRES NO 129-05
RESOLUTION NO.
129-05
A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR USE BY
THE CITY IN THE CONSTRUCTION OF A RIGHT TURN LANE AT THE CORNER OF
PANAMA LANE AND COLONY STREET ENABLING THE CITY TO CONDEMN THE
SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS
1245.220 AND 1245.230
WH EREAS, after notice and opportunity have been given to the property owner( s) at
issue, the City of Bakersfield, by vote of two-thirds or more of its members, hereby finds
and determines as follows:
1. The City of Bakersfield ("City") desires to construct a right turn lane at the
corner of Panama Lane and Colony Street (the "Project"); and
2. As currently planned, the Project would be constructed on City dedicated
right of way; and
3. The City intends to enhance the public access to the area and relieve
congestion in the area of substantial commercial development for public use, to carry out
and make effective the principal purpose pursuant to Code Civ. Proc. Section 1240.120(a)
and in connection therewith, acquire interest in certain real property; 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 attached Exhibit "A" and generally depicted in
Exhibit "B" (the "subject property") is required for completion of the Project; and
6. The City 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
7. On May 24, 2005 there was a mailed a Notice of Hearing on the intent of the
City 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
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8. The laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly
followed by city staff and the Board of Zoning Adjustment.
9. 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; and
11. The City 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
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BAKERSFIELD as
follows:
1. That each of the matters set forth above is true and correct and the City 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. 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on
June 8. 2005, by the following vote:
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~COUNCILMEMBER CARSON, BENHAM. MAGGARD. COUCH, HANSON. SULLIVAN, SCRIVNER
"NŒŠ: COUNCILMEMBER ,
AB. COUNCILMEMBER :
(S~r ' COUNCILMEMBER~ ( }ðlj:Vl~. (YV~¡{~
Pamela A. McCarthy, CM
Clerk of the City of Bakersfield
JUN ß 21111'3
APPROVED
By- Hæ~
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
al/h 4. k
ALLEN M. SHAW
Deputy City Attorney
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EXHIBIT "A"
LEGAl DESCRIPTION FOR
PANAMA LANE RIGHT-OF-WAY DEDICATION
Those portlor\S of wt 3' and Lot 4 in Section 25 according to "Sales Map No. 1 of Lands
of J. B. Haggin" filed on May 3, 1889 in the office of the Kern County Recorder, also
being a portion of the Northeast Quarter of Section 25, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kem, State
of California described as follows:
Beginning at the TRUE POINT OF BEGINNING for the property described in the legal
desCription of that certain trust transfer deed recon:Jed November 14, 2003 as Document
No. 0203250442, Offidal Records, said point being on the South right-{)f-way line of
Panama L¡me and also being the beginning of a curve, the center of which bears South
000-40'-48" West and having a radius of 20.00 feet;
thence southeasterly along said curve, through a central angle of 90°-00'-00" an arc
distance of 31.42 feet to the West right-of-way line of Colony Street;
thence South 00°-40'-48" West. along the West right-of-way line of said Colony Street a
distance of 4.00 feet;
thence North 44°-19'-12" West a distance of 25.46 feet to a line parallel with the South
right-of-way line of said Panama lðne, 6.00 feet souther1y thereof, measured
perpendicular thereto;
thence North 89°-19'-12" West along said parallel line a distance of 157.00 feet to the
west line of the legal description of said trust transfer deed;
ther:ce North 00°-40'-48" East alonQ said West line a distance of 6.00 feet to the South
right-oF-way line of said Panama Lane;
thence South 89°-19'-12" East along the South right-of-way line of said Panama Lane a
distance of 155.00 feet to the point of beginning.
Contains 1126± square feet.
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. PORTER' ROBERTSON
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'61 I 317-ðJS~ r.u; 1i&1 / JZ7-JOISS
JOB NO. 0.3-1820 DATE: 02 0.3 04
ADDITIONAL RIGHT-OF-WAY
FROM CHEVRON - 1126± S,F.
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CHEVRON STATION
THE H. GLENN MCMENOMY
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ADDIT10NAL RIGHT-OF-WAY
FROM DENNY'S = 159± SF
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PANAMA LANE
RIGHT-OF-WAY DEDICATION
H. GLENN MCMENOMY LIVING TRUST
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1133 W. ShIV,. Avcn~c. Salle 106
FrMnn, C.Ufornb '3711
(559) 229.2100
March 3, 2005
Mr. Glenn McMenomy, care of Thomas Clark, Esq.
4800 Easton Drive, Suite 114
Bakersfield, California 93309-9424
Re: Panama Lane & COlony Street
Bakersfield, California
Dear Mr. Clark:
Pursuant to California Government Code Section 7267.2, the City of Bakersfield hereby
offers to purchase the portion of APN 515-06-05 as hereinafter described for the total
just compensation of $33,780.00. The basis for the just compensation is attached
hereto from Michael Launer, MAl, attached as Exhibit "A." The take pursuant to this
offer is approximately 1,126 Square feet of the corner of Panama Lane and Colony
Street. A map of the take is attached hereto as Exhibit "B."
This offer is open until March 20, 2005. In the event the offer is not accepted, the City
will proceed further and intends 10 adopt a Resolution of Necessity and proceed to an
eminel1t domain action.
Very truly yours,
DOYLE & WATSON
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Thomas T. Watson
TIW:jp
Cc; A Daniels, City Attorney
J. Reid. Applicant
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Launer' & Associates, Inc.
Real Estate AppraLral Services
PO Box 564
B.k,,"O.ld, C<lliforni. 93302
(661) 399·0819 fax 399·9828
October 14,2004
Doyle & Watson
1233 West Shaw Avenue
Fresno, CA 93711
559·229·2200
ATIN: Thomas Watson
RE; Re~1 Property Appraisal
Eminent Domain Proceeding
2301 Panama Lane
P~n~ma Lane & Colony Street
Bakersfield, California 93309
Gentlemen.
In accordance with your request, I have inspected the rea] estate, specific plan documents, and
other related data regarding the above real estate, in the incorporated area of the City of
Bakersfield, California, as hereinafter described.
The inspection was made for the purpose and as part of the process, of providing value estimates
applicable to the subject property. as of September 27,2004.
As part of the process, we notified the property owner via certified mail that would like to meet
with him at the property today to get his input and p<:rspcctiVC5 on the property and to offer him
the opportunity ror him to present any data that he considers pertinent in valuing the property. I
have enclosed a copy of the letter.
We went to the property at the appointed time today but Mr. McMemony did not appear. At
10:00 AM however, a gentleman arrived who identified himself as the lessee, Mr. Bashaar. I
explained the purpose of my visit and he stated he was aware of the proposed taking and knew it
is for the purpose of road widening. He also stated that he owns all the improvements on the land
and holds a lease on the underlying land from the land owner, Mr. Mc Memon)'.
It was my finding that the proposed widening of Panama Lane along the subject's northerly
boundary and the widening of Colony Street along the subject's easterly boundary will not result
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in a diminution of value to the subject as presently improved. It was my finding that the proposed
site improvements to the entries and to the boundlU"Y between the adjacent propet1y to the west
arc likely to enhance the utility and appeal of the property.
I researched the market for land sales in the vicinity and for parcels witþ similar commercial
appeal. We did not Investigate sales of improved properties since the taking will affect the land
only. It was my finding that the most comparable data Indicates a vaJue for the subject land is in
the $25 to $30 per square foot range. Assuming the top of the value range, and using the
calculation provided by Pot1er - Robertson Engineering of 1,126 square feet, the just
compensation would be $33.780.
If you have any questions or if we may provide additional service, please do not hesitate to ca1l
us. .
Sincerely, . ,1 . /1
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Michael Launer, MAl SRA
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PO Box 564
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(661) 399..0&19 fax 399·9828
January 13,2005
Doyle &. Watson
1233 W~tShaw Avenue
Fn:sno, CA 93711
559-229-2200
ATI"N: ThOTn8$ Watson
RE; Real Property Appraisal
EmincntDomain Proccccljng
Panama ~ &. Colony Street
Ba~ñeld, California 93309
Gentlemen,
As ~quosted I am forwarding a summary of the data that I uled in forming my opinion of valli"
for the &ubjcç! property. The sales are similar in potential U$e md arc proximate to the $Ubjcel
property. The data are summarized In tho table below.
Sale APN Date Price Size SlSF LocalÍon
1 331-440-23 2/2012002 S792,soo 31,670 $25.02 Stockdale Hwy
2 372.021·22 101112003 $1.175,000 40,078 $29.32 NWC Panama &. COlony
:3 372-021-23 10131/2003 $622,SOO 11,424 535.73 Panama &: Colony
4 J64-211,œ 10131/2003 $626,000 26,340 $23.77 Olive Drive
5 331-350-19 2/1712004 $1.100,000 52,000 S21.1~ California Avenue
Sale 1 is in ~ Ralph's shopping ecoler un the ComeT of California Av~ue and Stockdale
Highway. It was dcve1oped. ... a Chipotle RestllUr'allL
Sales 2 11111 :I am located .~ss ftom tho lubjcçt at Panama Un~ al,d Colony Stm:t. Salc 3 is !he
';te or ,he Wendy's ""'taurant. Th.... ...., \he doses! in proximitY to the Iubjed.
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Sale 4 i. a fortnet' service station site at the comer of Olive Drive and Knu<be:n Drive. The site
was improved with a Slarbuclc$.
Sale 5 is a Iup/' pwcel frontifl,g on the west line of Califomia A'-e:1ue. It was ~hllSl:d for
development to a Fanner Boys Restaurant. The Stockdale West sh,)¡)pin¡ center is &djaccnt ro
the north and the Stoclcdale Village: Shoppin¡ Center ¡, adjacent IXI!be $ou!b.
After TMldng an analysis of the data. I cotlcluded the fair ma.-ke: value few the subject was
$30.00 per square foot.
If you have any questions or if we may provide adwtional. service. please do not h...itatc to caJI
tIS.
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Sale 4 i. a former .e!"lice lt8Iion site et the c;omer or Olive Drive and Knudsen Drive. The site
w8$IIDPfOved with a Starbucks.
SaI.. S Is a larger pcçe fronting on the west line of CalifOl'llm A'~:1ue. It was purçhased for
development to a Filmier Boys Restaurant. The Sto<:kdale West sh,:.ppin¡ center is adjacent ID
the nonh and !he Stoclcdale Village Shoppin¡ Ccnm- is adjacent UI the south.
AfIcr making an analysis of the data, X concluded the fair ma..-ke: value for the subject was
$30.00 per &q118R: foot.
lr YOI1 have any questiona or if we may provide additional suvice. ploa$e do not hesiwc 10 call
us. .
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Michael I...ø.uner. MAX SRA
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Page 1 of2
California Code
c::J California.Code
Q .CALIFORNIA GOVERNMENT CODE
c::J ~TLE1.~ENERAL
CJ DIVISION. 7. MISCELLANEOUS
D Chapter 16. Relocatlon.Assistance
§ 7267.2 Göv't
(a) P=ior to adopting a resolut~cn of r.ecessity pursua~t to Section
1245.230Civ.Proç.. of the Cede of Civil Procedure and ir.itiatin9
negötiaiiõn~ "for the acq~i5ition 0= =e~l property! the public entity
shall estDbl~sh an amount which it belie~es to b~ just Co~en$ation
the~efo=. and shall make an offer to the owner or owners or record to
acquire tte property for the full amount 50 established, unless the owne=
cùonot be located wjth reasonable diligence. Th@ offer may be conditioned
upon the legislati~e body's ratif~cation of the offer by èxecution o~ ~
contraCt of acqui.sition or adoption of a resolution of necessity or
both. In no ~Vent shall the a~ount b~ l~ss than the public entity's
approved appraisal of the fair ma~ket value o~ thé property. Any decrease
or i~cre~Ge in the fair market value of real property to be acq~ired
prior to -.:he date of val:..¡ation caused by the pubJ.íc improvement for which
the prop~rty is acquirec, Or by the likelihood that the property would be
acquired for the Ünprcvernent, othe= thðn. that due to physical
deterioration within the ,reZisonabl@ control of the owner or occupant,
5~alJ. be è;.sreg;¡lrded in dete.:-:-mining the compensatiorl for the property.
(b) The pUblic e~tity shall provide ~he owner of real property to be
~cquired with a wr.itten statement 0=, and summary o~ the basis for, the
amount it established dS just compensation. The written statement ar.d
summary sr.all Contain dætail sufficient to indicate clearly the basi$ for
the offer, includi~g, but not limiteè to, all of thŒ following
informatio::ì:
(1) The date of valuation, higheð~ and best ~Be, ~nd applicable zoning
of property.
(2) The p~incipal transactions, reproduction 0= re?lacement cOst
09,nalySið:, or c2Ipitalj.Zðtion a:lalysitl~ supporting tr..Q dète:'II1ination of
val1..::e.
(3) whºr.e appropri~te, the just compe~sation for t~e re09l property
acquired ar.à for d~maQes to ~Qrnai~i~g real property sh~¡l be separately
stAted and ;gl:lIJ.l includtt the calculatior.s and narrative explanation
supporting ~he compensation, including any offsetting benefit~.
(c) Where the prop~rty involvea is owner occupied residential proper.ty
and ccnta~n~ no more than £our re5identi~1 units, the homeowner shall,
upon reqt.:.est, he allowed to review a copy of the appra.J..8ðl upon which thQ
off@T. is basQd. The public e~tity may, but is not required to, satisfy
the w=itte~ 8tateme~t, sü~mary, and review requirements of thi9 section
by P~cvid~ng the ~wner a cOFY of the appraisal on which tr.e offe~ i5
based.
Cd} Nô~w~thst.~r.din9 subdivision (~), a public e~tity ffiay mak~ an offer
to the ow~er or owners of r.eccrd to acquire reâl property for les5 than
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NOTICE OF HEARING REGARDING THE INTENT OF THE
CITY OF BAKERSFIELD TO ADOPT A RESOLUTION OF
NECESSITY TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
To:
H. Glenn McMenomy, as Trustee for
the H. Glenn McMenomy Living Trust
44489 Town Center Way, Suite D517
Palm Desert, California 92260.
Thomas S. Clark
4800 Easton Drive, Suite 114
Bakersfield, California 93309-9424
Bashaar Najdawi
5830 Black Hawk Avenue
Bakersfield, California, 93312
Re: Notice of Hearing regarding adoption of a Resolution of Necessity
to acquire property located at Panama Lane and Colony Street,
Bakersfield (APN 515-060-04) by Eminent Domain
[California Code of Civil Procedure section 1245.235]
Dear Property Owners:
1. Notice of the Intent of the City of Bakersfield to Adopt a Resolution of
Necessity. The City of Bakersfield ("City") intends to consider the adoption of a Resolution
of Necessity on June 8, 2005 which, if adopted, will authorize the City to acquire the
property described as a portion of Lots 3 and 4 of Section 25, Bakersfield, California
93305, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity
(attached) by eminent domain for the construction of a right turn lane at the corner of
Panama Lane and Colony Street (the "Project");
2. Notice of Your Right to Appear and Be Heard. Please take notice that the
City, at a regular meeting to be held on Wednesday, June 8, 2005, at 6:60 p.m. or as
soon thereafter as the matter may be heard, in the City Council Chambers at 1501 Truxtun
Avenue, Bakersfield, California 93301, will hold a hearing on whether 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 at the above-scheduled
hearing on the following issues. and to have the City give judicious consideration to your
testimony prior to 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 to allow completion of the proposed,,;i;
project;
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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);
e. Whether the City has the 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 laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield CEQA implementation procedures have been duly
followed by City staff and the Board of Zoning Adjustment.
The statute(s) which authorize the City to acquire the property by eminent domain
for this project include, but are not limited to, Government Code section 1240.120(a).
Additional authority is set forth in the proposed Resolution of Necessity attached hereto.
3. Failure to File a Written Request to Be 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 City Clerk of the City of
Bakersfield within fifteen (15) days after this Notice was mailed. You must file your request
to be heard at: City Clerk of the City of Bakersfield, Office of the Bakersfield City Clerk,
1501 Truxtun Avenue, Bakersfield, California 93301. Should you elect to mail your
request to the Secretary of the City, it must be actually received by the Secretary for filing
within fifteen (15) days after this Notice was mailed. The date of mailing appears at the
end of this Notice.
Califomia 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
City 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 City 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
law in accordance with the laws of the State of California. This Notice
is not intended to foreclose future negotiations between you and the
representatives of the City on the amount of compensation to be paid
for your property.
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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 to take the property by
eminent domain.
If you elect not to appear and not to 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 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 24, 2005.
Very truly yours,
Pamela A. McCarthy, CMC
Clerk of the City of Bakersfield
Ex-Officio Clerk of the Council
cc: Thomas T. Watson
Attachments:
Exhibit "A": Proposed Resolution of Necessity
Exhibit "B": Offer and StatemenUSummary
Exhibit "C": Government Code section 7267.2(a)
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EXHIBIT "A"
LEGAl DESCRIPTION FOR
PANAMA LANE RIGHT-OF-WAY DEDICATION
Those portions of Lot 3' and Lot 4 in Section 25 according to "Sales Map No. 1 of Lands
of J. B. Haggin" filed on May 3, 1889 in the office of the Kern County Reoorder, also
being a portion of the Northeast qUgrter of Section 25, Township 30 South, Range 27
. East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kem, State
of California described as follows:
Beginning at the TRUE POINT OF BEGINNING for the property described in the legal
description of that certain trust transfer deed recon:Jed November 14, 2003 as Document
No. 0203250442, Offidal Records, said point being on the SOuth right-of-way line of
Pgngma Lane and also being the beginning of a curve, the center of which bears South
0Q<>-40'-48" West and having a radius of 20.00 feet;
thence southeasterly along said curve, through a central angle of 90"-00'-00" an arc
distance of 31.42 feet to the West right-of-way line of Colony Street;
thence South 00°-40'-48" West along the West right-oF-way line of said Colony Street a
distance of 4.00 feet;
thence North 44°-19'-12" West a distance of 25.46 feet to a line parallel with the South
right-of-way line of said Panama l.ðne, 6.00 feet southerly thereoF, measured
perpendicular thereto;
thence North 89"-19'-12" West along said parallel line a distance of 157.00 Feet to the
West line of the legal description of said trust transfer deed;
then~e North 00"-40'-48" East along said West line a distance of 6.00 feet to the South
right-oF-way line of said Panama Lane;
thence South 89°-19'-12" East along the South right-of-way line of said Panama Lane a
distance of 155.00 feet to the point of beginning.
Contains 1126± square feet.f
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CHEVRON STATION
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EXHIBIT B
PANAMA LANE
RIGHT-OF-WAY DEDICATION
H. GLENN MCMENOMY LIVING TRUST
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PORTER- ROBERTSON
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DATE: 02 03 04
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H. Glenn McMenomy, as Trustee for
the H. Glenn McMenomy Living Trust
44489 Town Center Way, Suite D517
Palm Desert, California 92260.
Bashaar Najdawi
5830 Black Hawk Avenue
Bakersfield, California, 93312
Thomas S. Clark
4800 Easton Drive, Suite 114
Bakersfield, California 93309-9424
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15$5 RJ-..c:r 1'3,11. Dr, ~I& t_
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1233 W. ShAw A...enlllt, SaJtr 106
Frtsrto, C.Ufornb: !Þ311 J
(559) 229,2200
March 3, 2005
Mr. Glenn McMenomy, care of Thomas Clark, Esq.
4800 Easton Drive, Suite 114
Bakersfield, California 93309-9424
Re: Panama Lane & Colony Street
Bakersfield, California
Dear Mr. Clark:
Pursuant to California Government Code Section 7267.2, the City of Bakersfield hereby
offers to purchase the portion of APN 515-06-05 as hereinafter described for the total
just compensation of $33,780.00. The basis for the just compensation is attached
hereto from Michael Launer, MAl, attached as Exhibit "A: The take pursuant to this
offer is approximately 1,126 Square feet of the corner of Panama Lane and Colony
Street. A map of the take is attached hereto as Exhibit "B."
This offer is open until March 20, 2005. In the event the offer is not accepted, the City
will proceed further and Intends to adopt a Resolution of Necessity and proceed to an
eminent domain action.
Very truly yours,
DOYLE & WATSON
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Thomas T. Watson
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Cc: A Daniels. City Attorney
J. Reid. Applicant
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Launer & Associates, Inc.
Real Estate Appraisal Services
PO Box 564
Bakersfield, a.lIfornia 93302
(661) 399·0819 fa, 399·9828
October 14,2004
Doyle & Watson
1233 West Shaw Avenue
Fresno, CA 93711
559·229·2200
ATIN: ThomM Watson
RE; Real Property Appraisal
Eminent Domain Proceeding
2301 Panama Lane
Panama Lane & Colony Street
Bakersfield, California 93309
Gentlemen,
In accordance with your request, 1 have inspected the reaJ estate, specific plan documents, and
other related data regarding the above real estate, in the incorpornred area of the City of
Bakersfield. California, as hereinafter described.
The inspection was made for the purpose and as part of the process, of providing value estimates
applicable to the subject property, as of September 27, 2004.
As part of the process, we notified the property owner via certified mail that would like to meet
with him at the property today to get his input and perspectives on the property and to offer him
the opportunity for him [0 present any data that he considers pertinent in valuing the property. I
have enclosed a copy of the letter.
We went to the property at the appointed time today but Mr. McMemony did not appear. At
10:00 AM however, a gentleman anived who identified himself as the lessee, Mr. Bashaar. 1
e1\plained the purpose of my visit and he stated he was aware of the proposed taking and knew it
is for the purp05e of road widening. He also stated that he owns all the improvements on the land
and holds a lease on the underlying land from the land owner. Mr. Mc Memony.
It was my finding that the proposed widening of Panama Lane along the subject's northerly
boundary and the widening of Colony Street along the subject's easterly boundary will not result
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in a diminution of value to the subject as presently improved It was my finding that the proposed
site improvements to the entries and to the boundary betwccn the adjacent property to the west
arc likely to enhance thc utility and appeal of the property.
I rcsean:hed the market for land sales in the vicinity and for parcels with similar commercial
appeal. We did not Investigate sales of improved properties since the taking will affect the land
only. It was my finding that the most comparable data Indicates a value for the subject land is in
the $25 to $30 per square foot range. Assuming the top of the value range, and using the
calculation provided by Porter - Robertson Engineering of 1, 126 square feet, the just
compensation would be $33.780.
If you have any questions or if we may provide additional seevice, please do not hesitate to call
us.
. SinCerelY: ;:1 ;l .
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Michael Launer, MAl SRA
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Launer" Asscx:ìates, IDe,
Reœ £nale AppraiJœ S/!TVict'J
PO Box 564
B.1<o'Ifield. Calltornia ~3D2
(661) 399..0&19 fax 399-9I2B
January 13, 2005
Doyle" W alSon
J233 West Shaw Avenue
Frano, CA 93711
559-229-2200
ATI'N: Thomas Watson
RE; Real Property App~sal
Eminent Domain Proceeding
Panama Laru: &. Colony Street
Balcersñeld, California 93309
Gentlemen.
As t1;C(I.Ie¡¡ted I am forwmding a summary of thc daa that I ulcd in fonning my opÎrojon of val~
for the subj;:çl property. The sales are similar In potential use IInd are proximate to the $UbjCCl
property. The data ~ summarized In the table below.
Sale APN Date Price Sb:e $lSF Location
1 331-440-23 212012002 $792,,00 31,670 525.02 SIQC)l:d.le Hwy
2 372-021·22 101112003 $1,175,000 4C,078 $29.32 NWC Panama &: COlony
3 372-021-23 1013112003 $622.500 11,424 535.73 Panama &. Colony
4 364-211-02 1013112003 $626,000 26,340 $23.77 Olive Drive
5 331-3S0-19 2/1712004 $1,100,000 S2,000 $21.15 California Avenue
SaJe 1 is in ~ Ralph's shopping CcnleT on the corner of California Avenue IJId Slockd:a1c
Highway. It was developed u a ChipoUe ReaœuranL
SaJes :z 111\1 :3 are located aÇrQU ftom the subj;:ç 0.1 Panama !.t.nð alld Colony Su-t. Sale 3 is the
$Í,e of the Wendy's ""'taU""'!. Th_ ~ the closest in proximity to Ihe subject.
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Sale 4 i. a forrnet' service Jtalion .Ite at the corner of Olive Drive and Knudse1l Drive. The slle
"'.. irnprcved with II StarbllCk$.
SaI.. 5 is a larger pll!'l:el fronting on lIIe west line of Califomia A \~:'1ue. It was purchased for
development 10 II Fanner Boys Restaurant. 'The Stockdale West Bh,~pinl cellter is adja¡;cnt 10
the north and the Stockdale YillBgc Shoppine Center is adjacent te, lIIe ~oulll.
AfIcr making an analysis of the data. r concluded the fair ma--ke: value for lIIe subject was
$30.00 per square foot.
If you have any questions or if we may provide addition.aI Sf!tVice. II ease do not h""itlUe 10 caJ
us.
Sincerely, / ~J 1/
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Michaell.Auner. MAr SRA
cc: Tho~ Clerk
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Sale 4 is a forxnet" service station site at the çomer of Olive Driye and Knudsen Driye. The alte
"'.. irnpC'OYed with a Swbucb.
Salc 5 Is a larger plll'"l fronting on tile west line of caJifomia Avenue. It was ~hascd for
devclo¡mtent to a Fanner Boys Restaurant. The StoCkdAle West .h,:.pping CCIItc:T is adjscetlt to
the n01'lh and !he Stoclcclale Village Shoppin¡ Center is adjacent tel tile south.
AfIx:c making IU\ analysis of the data, X concluded the fair ma--ke: vaJue for the subject was
$30.00 per square foot.
If you have any questions or if we mll.Y provide additional. suvice, please dD not hesitate to call
us.
Sincerely, / ~7 1/
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Michael La,unet. MAX 5RA
cc: Thomas Clark
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Page 1 of2
California Code
Q California..C.ode
t:J .CALlFORNIA GOVERNMENT CODE
a TITLE 1. GENERAL
CJ DIVISION 7. MISCELLANEOUS
D Chapter 16. Relocatlon.Assistance
§ 7267.2 Göv't
(a) Prior to adopting a resoluticn of necessity pursuaDt to Section
1245.230Civo.Proc. of the Cede of Civil ProCQdu:::::e and. ir.itiQting
nægõtiation~ "for the acqaisition of real property, the public er.tity
shall estDbli5h a~ amount which it b~lieves to be just Co~en$ation
t~exefor, anc shall make an offer to th~ ow~er Or owners o~ record to
acquire the pro?erty for the full amot:r.t so established, unless the owner
c~nnot be locat~d wjth reasonable diligence. The offer may be conditioned
upon the legisl¿tive body's rat1fLcation of the offer by execut10n or .
contract of acqu~.5ition Or adoption of a resolution of necessity or
both. In no ~ver.t shall the a~ount be lœ~s than t~e public entity's
approved appraisal of the :air market value or the property. Any decr~ase
or i~çre~se in the fair market value of real property to be acquired
prior to the è.at~ of valuation =iI::.lsed by t?le pub~.ic improveJ":'¡ent for which
the property ~5 acquired, Or by the likelihood t~at ~he property would be
ÐGquired for the improvement, othe~ than that due to physical
deterioration within ther~ðsonabl@ control of the owner or occupðn~1
5:"12.11 be disreg,grded in d~te1:'mining the cO[l'.pensatio:"l for the property.
(b) The pUblic e~tity ahall provide ~te owner of real property to be
~cquireà wi~h a w~i~ten staternent 0=, and summa=y e~ the basis fer, the
ar..ount it establisted as just compensation. The written statement ôr.d
sUrT:L.'1\ary shall contai:':l dætail sufficient to indica-:.e clearly the basis for
thQ offer, incl~dir.g, but not li~i~eà to, all of t~æ following
informatio:1.:
(1) The date of v;luation, highe~t and best ~ae, ¡nd applicable zoning
of property.
(2) The pri~cipal transactions, reproduction 0= replacement COst
analY3i~, or c<3pita!i.Zðtion a::-.alys.i.~, support.ing tr.~ determination of
val\:€!.
(3) Wh~r.é appropri~ter the j~st compen~ation for t~e real property
acquired ~~d =0= damages to rQrn&i~ing real proper~y shall be separately
stated and st~ll ir.clud~ the calculations and narrativQ explanation
s~pporting the compensation, including any o!!séttinç benefit3.
(c) Where tte property involved is owner occupied ~è5idential p~operty
and ccnt~in~ no mo~e tr.an four residentiðl ~n~ts, t~e homeowner shall,
upon request, be allowed to review a copy of 'the appraisal upon which thGil
offœr. is based. 1he public e~tity may, but is net =equirec tOI satisfy
the w=itten 8tat~~e~t, su~mary, and review require~e~ts of this section
by p=oviding ~he OW~Q~ a copy of the appraisal on which tr.e offe~ is
based.
(d) No~withst.ar.di~g s~bdivi~ion (.), a pub:ic entity may rnak~ ar. cf~er
to the Ownêr or oW~ers of record to acquire ~eðl çróperty fer less than
http://www.loislaw.comipns/doclink.htp?&aJias=CACODE&Cite<=7267.2+GOV ^27T
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PROPOSED
RESOLUTION NO.
A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR USE BY
THE CITY IN THE CONSTRUCTION OF A RIGHT TURN LANE AT THE CORNER OF
PANAMA LANE AND COLONY STREET ENABLING THE CITY TO CONDEMN THE
SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS
1245.220 AND 1245.230
WHEREAS, after notice and opportunity have been given to the property owner(s) at
issue, the City of Bakersfield, by vote of two-thirds or more of its members, hereby finds
and determines as follows:
1. The City of Bakersfield ("City") desires to construct a right turn lane at the
corner of Panama Lane and Colony Street (the "Project"); and
2. As currently planned, the Project would be constructed on City dedicated
right of way; and
3. The City intends to enhance the public access to the area and relieve
congestion in the area of substantial commercial development for public use, to carry out
and make effective the principal purpose pursuantto Code Civ. Proc. Section 1240.120(a)
and in connection therewith, acquire interest in certain real property; 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 attached Exhibit "A" and generally depicted in
Exhibit "B" (the "subject property") is required for completion of the Project; and
6. The City 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
7. On May 24, 2005 there was a mailed a Notice of Hearing on the intent of the
City to adopt a Resolution of Necessity for acquisition by eminent domain of the real
property described in Exhibits "A" and "8" 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
-- Page 1 of 3 Pages --
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8. The laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly
followed by city staff and the Board of Zoning Adjustment.
9. 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; and
11. The City 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
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BAKERSFIELD as
follows:
1. That each of the matters set forth above is true and correct and the City 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. 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.
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-- Page 2 of 3 Pages --
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on
June 8. 2005, by the following vote:
(Stamp)
Pamela A. McCarthy, CMC
Clerk of the City of Bakersfield
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ALLEN M. SHAW
Deputy City Attorney
t
-- Page 3 of 3 Pages --
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EXHIBIT "A"
LEGAL DESCRIPTION FOR
PANAMA LANE RIGHT .{JF-WAY DEDICATION
Those portions of Lot J and Lot 4 In Section 25 according to "Sales Map No.1 of Lands
of J. B. Haggin" filed on May 3, 1889 in the office of the Kern County Recorder, also
being a portion of the Northeast quarter of Section 25, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the Oty of Bakersfield, County of Kem, State
of California described as follows:
Beginning at the TRUE POINT OF BEGINNING for the property described in the legal
description of that certain trust transfer deed recorded November 14, 2003 as Document
No. 020325D442, Offidal Records, said point being on the South right-of-way line of
Pan¿\ma L¿\ne and also being the beginning of a curve, the center of which bears South
00"-40'-48" West and having a radius of 20.00 feet;
thence southeasterly along said curve, through a central angle of 90°-00'-00" an arc
distance of 31.42 Feet to the West right-oF-way line of Colony Street;
thence South 00°-40'-48" West along the West right-oF-way line of said Colony Street a
distance of 4.00 feet;
thence North 44°-19'-12" West a distance of 25.46 feet to a line parallel with the South
right-of-way line of said Panama Lane, 6.00 feet southerly thereof, measured
perpendicular thereto;
thence North 89°-19'-12" West along said parallel line a distance of 157.00 feet to the
west line of the legal description of said trust transfer deed;
ther:ce North 00"-40'-48" East along said West. line a distance of 6.00 feet to the South
right-of-way line of said Panama Lane;
thence South 89°-19'-12" East along the South right-of-way line of said Panama Lane a
distance of 155.00 feet to the pOint of beginning.
Contains 1126± square feet.
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ADDrnONAL RIGHT-Of-WAY
FROM CHEVRON ~ 1126± S.F.
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CHEVRON STATION
THE H. GLENN MCMENOMY
LIVING TRUST
WEST LINE OF
OF CHEVRON
STATION
ADDITlONAL RIGHT-OF-WAY
FROM DENNY'S = 159± SF
DENNY'S RESTAURANT
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EXHIBIT B
PANAMA LANE
RIGHT-OF-WAY DEDICATION
H. GLENN MCMENOMY LlV1NG TRUST
l'IWG m.E: 1 B20Qwt!1
PORTER- ROBERTSON
~ & 9URVEYINQ. tIC,
'61 I rn-ð3U FA: "' I JZ7-IOIIiS
JOB NO.
03-1820
OA TE: 02 03 04
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DOYLE & WATSON
An ÅIIDClatlntt "r Anon,,!)'.
fnctud/n¡: p,..rø.lon:1II Corpør_tlon,
.5at.nrnl!lYto
IS5S IUvcrP':lrkbr, l;1~ toe:
Sacr",meruo. ÇA. tS.¡s-.l066
(9 6)'2~21"
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J233 W. Shaw Ayenl1e. Saltl: 106
FrMltD, C.nfornb 93711
(559) 219-~OO
March 3, 2005
Mr. Glenn McMenomy, care of Thomas Clark, Esq.
4800 Easton Drive, Suite 114
Bakersfield, California 93309-9424
Re: Panama Lane & Colony Street
Bakersfield, California
Dear Mr. Clark:
Pursuant to California Government Code Section 7267.2, the City of Bakersfield hereby
offers to purchase the portion of APN 515-06-05 as hereinafter described for the total
just compensation of $33,780.00. The basis for the just compensation is attached
hereto from Michael Launer. MAl, attached as Exhibit "A: The take pursuant to this
offer is approxirnately 1,126 Square feet of the corner of Panama Lane and Colony
Street. A map of the take is attached hereto as Exhibit "B."
This offer is open until March 20, 2005. In the event the offer is not accepted, the City
will proceed further and Intends to adopt a Resolution of Necessity and proceed to an
eminent domain action.
Very truly yours,
DOYLE & WATSON
~:~e7
Thomas T. Watson
TTW:jp
Cc: k Daniels, City Attorney
J. Reid. Applicant
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Launer & Associates, Inc.
Real Estate Appraisal Services
PO Bo. 564
B.kersfield. c..llforoi. 93302
(661) 399·0819 f.. 399·9828
()çtober 14,2004
Doyle & Watson
1233 West Shaw Avenue
Fresno, CA 93711
559-229-2200
ATIN: Thomas Watson
RE; Real Property Appraisal
Eminent Domain Proceeding
2301 Panama Lane
Panama Lane & Colony Street
Bakersfield, California 93309
Gentlemen,
In accordance with your request, I have inspected the real estate, specific plan documents, and
other related data regarding the above real estate, in the incorporated area of the City of
Bakersfield, California, ns hereinnfter described.
The inspection was made for the purpose and as part of the process, of providing value estimates
applicable to the subject property, a.s of September 27, 2004.
As part of the process, we notified the property owner via certified mail that would like to meet
with him at the property today to get his input and perspectives on the property and to offer him
the opportunity for him 10 present any data that hc considers pertinent in valuing the property. I
have enclosed a copy of the lelter.
We went to the property at the appointed time today but Mr, MeMemony did not appear. At
10:00 AM however. a gentleman anivcd who identified himself as the lessee, Mr. Bashaar. I
explained the purpose of my visit and he stated he was aware of the proposed taking and knew it
is for the purpose of road widening. He also stated that he owns all the improvements on the land
and holds a lease on the underlying land from the land owner, Mr. Me Memon)'.
It was my finding that the proposed widening of Panama Lane along the subject's northerly
boundary and the widening of Colony Street along the subject's easterly boundary will not result
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in a diminution of value to the subject as presently improved. It was my finding that the proposed
site improvements to the entries and to the boundary between the adjacent property to the west
are likely to enhance the utility and appeal of the property.
researehed the market for land sales in the vicinity and for parcels wit):¡ similar commercial
appeal. We did not investigate sales of improved properties since the tnking will affect the land
only. It was my finding that the most comparable data Indicates a value for the subject land is in
[he $25 to $30 per square foot range. Assuming the top of the value range, and using the
calculation provided by Porter - Robertson Engineering of 1,126 square feet. the just
compensation would be $33,780.
r you have any questions or if we may provide additional seI'Vice, please do not hesitate to call
us.
. SinCerelY: ,/:'7 ;/
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Michael Launer, MAl SRA
8,
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Jðn 13 05 03,30p
,.,iOL ";..."1 Launer
881 -: '-..-9929
f'. 1
Launer " Associates, In~.
Reul Enatt Appraisul Scrvict.S
PO B<>X !64
B.k=tIcId. California 9:!30'2
(661) 399-0&19 rV. 399.9128
January 13, 2005
Poyle 8t. Watson
1233 W...t Shaw Avenue
Fresno, CA 937 11
559-229-2200
AT1"N: Thomas Watson
RE; Real Property Appraisal
EmincntDomain Proccccling
Panama !..aM 8t. Colony Street
Ba~ñdd, California 93309
Gentlemen,
Ai ~q,,~ted I am forwarding a sumnwy af the data that I u.ed il1 forming my opit,ion of valli"
for th.. subjeçt propc<ty. The sales are similar In polel1tial U$C IIIId arc proximate to !he $Ubjcel
property. The data arc summarized In the cable below.
Sale APN Date PricI! Size $/SF 1AcatiOD
1 331-440·23 212012002 S792,jOO 31,670 525,02 Stoc\i:rlale Hwy
2 372·021·22 101112003 $1,175,000 40,078 $29.32 NWC Panama t1r. Colony
:; 372-021-23 10131/2003 $1522..500 11,424 $35.73 Panama &: Colony
4 364-211-02 10131/2003 S626,ooo 26,340 $23,77 Oli ve Dr! ve
5 331-3.50-19 2/1712004 $1.100,000 52,000 $21.15 California A ven"c
Sale 1 is in th<o Ralph's thopplng eenICr on tha comeT of California Avenue and StockdaJe
Highway. It wa.s developed as a Chipatle Resœur.mL
Sales 2 and :3 are located acro'l from the subject at Panama UI\u aud Colony Su.oet. Sale 3 ¡a the
$ite of the Wendy's restaUnnL Thfie ~ the closest in pr1)ximiry to the .\Object.
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Sale 4 i. a forrnc:t" .ervice :station site at the comer of Olive Drive and Knudse'rl Drive. The site
was improved with a SW'bucb;.
Sale 5 is a larger plll'Cel fronting on the WC$t line of caJifOMlia A'-::1\Je. [t was purchased for
devclopment to a Fanner Boys Restaurant. The Stockdale West .h,)})pin¡ .:enter is acljaCC1lt to
the north and the Stockdale Village Shoppine Center is adjacent 11:1 the ~outh.
AfIcr making an analysis of the data, I c""c1uded the fair ma.-ke: 'l'&luo: fO<' the subject was
$30.00 per square foot.
If you have any questions or if we m..y provide adwtional suvice. plca$e do not h""iwe 10 call
\1$.
SinccrcJy. / ;;7;/
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Michaell..B.u1\Ct. MAl SRA
cc: Thomas auk
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Sale 4 i. a fOImCt" 5c:rvíce ltaIion site at the comer of Olive Dtive .nd Knudsen Drive. The aile
\\IN improved with II Surbuck5.
Sale 5 is a larger plll'Cel f'ronlil'lg on the Wf:$1 line of CaJifomÎJ\ A'~:1ue. II WII.!I pun:hascd for
developm.....t to a Fanner Boys Restaurant. The Stockdale West .h,:.pping center is adjal:Cnt 10
the north and the Stockdale Village Shopping Center is adjacent tel the ,outh.
AfIcr making an analysis of the data. I c<:mcluded the fair ma.:'!,..: vaJue fOf' !he subject was
$30.00 per square fOOL
If you have any questions or if we m..y provide ad<litiOflal ....-vice. please do not h...iwc 10 call
U$.
Sína:rely, / ~J;/
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Michael Lo.uMt. MAl SRA
cc: Thoma.o; Clark
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u_"~ RflIBIT "~..
,;. ,pANAMA LANE,
RIGHT..l...òt":'WAY DEOICA11ot~'
" "" n\~ t..lC-UFNOMY UV1NG TRUS
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Page! ofl
California Code
a CaJifornia..C.ode
a .CALIFORNIA GOVERNMENT CODE
~ ~TLE1.QENERAL
C:I DIVISION 7. MISCELLANEOUS
D Chapter 16. Relocation Assistance
§ 7267.2 Gov't
(a) Pyior to adopting a re301ut~cn of necessity pursua~t to Section
124fi:.230 (~JY:..Pro~ of the Code of Ci 'Ilil Frocedure a:1d. ini tistin.ç¡
~8gotiation~ for the acq~is~tion of re~l property, the public entity
shall est~blish ar. amount which it belie~es to be just cc~en5ation
th~Ye£or, ênd shall make an offer tc the ow~er or owners o~ record to
acquire the propert.y for the f.....ll amount 50 established, unless the owr.er
c~n~ot be located with reasondble diligence. T~e offer may be condition~d
upon tr.é legislat:L"e body' 5 I",Qtification of the offer by execution of -.
cOntract of acqu:Lsition or adoption of a resolu-::ion of necessity or
both. I~ no Gvent shall the a~ount be l~ss than the public entity's
approved appraisal of tr.e fair rea~ket value o~ the property. Any decrease
or incre~se in the fair market val~e of real property to be acquired
prior ~o the date of va~aation ca~sed by the pub~ic improve~ént for which
the property is acquirec, Or by the likelihood t~at the property ~ould be
acquired for the ~mprove~ent, othe~ thðn that due to physical
deter~oration within thereðsonabl@ control of the OWner or oCC~pðnt,
shall be rj:J.sregarded 11:". determini:-!g the compensation. for the property.
(b) ~he public entity shall prcv~de tr.e owner of real property to be
~cquired with a w~itten statement 0=, and summa=y of the b~sis :o~, the
amount it ~stabliBhed as just compensation. The written stat~ment and
surn."TIary shall contain da:tail sufficier:.t to ir..dicate clearly the basi$ for
the offer, inCludir:.g, b~t not l~rnited to, all of thæ following
informatio:1:
(1) The date of v;luation, highe~t and best ~ae, ~nd appl~cab:e zo~i~g
of property.
(2) The principal transaction~, reproduction 0= replacemer.t Cost
8.nalY$':'~, or capitali.zation a:::alysi.!. supporting tr.~ dete=:nination of
valce.
{3) whQ~e app~opriate, the j~st compensation for t~e real property
acquired anà =0= d~mages to rQrnai:::ing real proper~y shall be separately
stated and sr.l!ll includ,¡ the ca:'culatior.s and nar=ðtivQ èxplanation
supporting the compensation, including a~y o!!settin9 be~efit~.
(c) Where the prop~rty involved is owne= occupied residential propeT.ty
a~d ccn~ain~ no mo~e th~n !our re5identi~1 units, the ho~eowner shall,
upon req~estl be allowed to review a copy of the apprai$ðl upon which thQ
off@r. is basGd. The public ent~ty may, but is no~ =equired to, satisfy
the w=itte~ 8tatem~nt, summary, and review requirements of thi9 3ec~io~
by prcv~ding the ~wnQr a copy of the appraisal on which the offs~ is
based.
(d) No~withst.anding 5~bdivision (.), a public e~ti~y may mak~ an cf~er
to the ow~er or own~r5 of T.eccrd to acquire real property fer less thð~
hltp:/fWWW.loislaw.comlpns/doclink.htp?&aJjas~CACODE&Cite..=726 7.2+GOV^27T 1/19/200<;
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RESOLUTION NO.
A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR USE BY
THE CITY IN THE CONSTRUCTION OF A RIGHT TURN LANE AT THE CORNER OF
PANAMA LANE AND COLONY STREET ENABLING THE CITY TO CONDEMN THE
SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS
1245.220 AND 1245.230
WHEREAS, after notice and opportunity have been given to the property owner(s) at
issue, the City of Bakersfield, by vote of two-thirds or more of its members, hereby finds
and determines as follows:
1. The City of Bakersfield ("City") desires to construct a right turn lane at the
corner of Panama Lane and Colony Street (the "Project"); and
2. As currently planned, the Project would be constructed on City dedicated
right of way; and
3. The City intends to enhance the public access to the area and relieve
congestion in the area of substantial commercial development for public use, to carry out
and make effective the principal purpose pursuant to Code Civ. Proc. Section 1240.120(a)
and in connection therewith, acquire interest in certain real property; 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 attached Exhibit "A" and generally depicted in
Exhibit "B" (the "subject property") is required for completion of the Project; and
6. The City 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
7. On May 24, 2005 there was a mailed a Notice of Hearing on the intent of the
City 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
~
-- Page 1 of 3 Pages --
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8. The laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly
followed by city staff and the Board of Zoning Adjustment.
9. 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; and
11. The City 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
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BAKERSFIELD as
follows:
1. That each of the matters set forth above is true and correct and the City 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. 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.
----------000----------
-- Page 2 of 3 Pages --
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---...,....---- ~._"."'._~._-
,'.- _. ...~--""._._-_.__.----_._--~_..._~~~-,~
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on
June 8. 2005, by the following vote:
(Stamp)
Pamela A. McCarthy, CMC
Clerk of the City of Bakersfield
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ALLEN M. SHAW
Deputy City Attorney
-- Page 3 of 3 Pages --
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EXHIBIT "A"
LEGAL DESCRIPTION FOR
PANAMA LANE RIGHT-OF-WAY DEDICATION
Those portiOr1S of Lot 3' and lot 4 in Section 25 according to "Sales Map No. 1 of Lands
of J. B. Haggin" filed on May 3, 1889 in the office of the Kern County Recorder, also
being a portion of the Northeast quarter of Section 25, Township 30 South, Range 27
East, Mount Di¡¡blo Base and Meridian, in the Oty of B¡¡ke",field, County of Kern, State
of California described ¡¡s foliows:
Beginning at the TRUE POINT OF BEGINNING for the property described in the legal
description of that certain trust transfer deed recorded November 14, 2003 as Document
No. 0203250442, Offidal Records, said point being on the South right-of-way line of
p¡¡n¡¡m¡¡ L¡¡ne and also being the beginning of a cuNe, the center of which be¡¡", South
000-40'-48" West and having a radius of 20.00 feet;
thence southeasterly along said curve, through a central ¡¡ngle of 90°-00'-00" an arc
distance of 31.42 feet to the West right-of-w¡¡y line of Colony Street;
thence South 00°-40'-48" West along the West right-of-way line of said Colony Street a
distance of 4.00 feet;
thence North 44°-19'-12" West a distance of 25.46 feet to a line parailel with the South
right-of-w¡¡y line of said P¡¡n¡¡ma Lane, 6.00 feet: southerly thereof, me¡¡sured
perpendicular thereto;
thence North 89°-19'-12''' West along said parôllel line a distance of 157.00 feet to the
west ilne of the legal description of said trust transfer deed;
the:-:ce North 00°-40'-48" East along said West line a distance of 6.00 feet to the South
right-of-way line of said Panam¡¡ Lane;
thence South 89°-19'-12" East along the South right-of-way line of said Pan¡¡ma Lane a
distance of 155.00 feet to the point of beginning.
Contains 1126± square feet.
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w j'; FROM CHEVRON ~ 1126± S.F.
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:::E '" THE H. GLENN MCMENaMY
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BEARiNG ' ~...............,. " ~ FROM DENNY'S = 159± SF
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L3 89'19'12" 15700' I r' -<
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00'40' 48" I I:~ 0 DENN Y'S RESTAURANT
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. PORTER' ROBERTSON
~ & SUFIVEYINQ, I'IC,
'61 I In-Ò36'l fA:( Ii&I / JI7-I0G5
JOB NO. 03-1820 DATE: 02 03 04
EXHIBIT B
PANAMA LANE
RIGHT-OF-WAY DEDICATION
H. GLENN MCMENOMY LIVING TRUST
['wc. rilE: 1820RW01
J)OYLE & WATSON
An Ail_bill... ,.( Attorney.
rndudtnc P,..fø,lonal Corponlionl
...c.dmlc
fJS9¡ns.sso-l
Sltnlln~1'I11111
1555 Riycrt":lrkbr, :::I~ 1Ø{1
!aCUmtlllo..CÃ t5.1S-<1~
(916)'2.$-ZISf
1233 W. Shu, Avcnue. SaU~ 106
Frr$ltÐ, C.llfon1l93711
(559) 229.2200
March 3, 2005
Mr. Glenn McMenomy, care of Thomas Clark. Esq.
4800 Easton Drive. Suite 114
Bakersfield. California 93309-9424
Re: Panama Lane & Colony Street
Bakersfield. California
Dear Mr. Clark:
Pursuant to California Government Code Section 7267.2. the City of Bakersfield hereby
offers to purchase the portion of APN 515-06-05 as hereinafter described for the total
just compensation of $33,780.00. The basis for the just compensation is attached
hereto from Michael Launer, MAl, attached as Exhibit "A." The take pursuant to this
offer is approximately 1.126 Square feet of the corner of Panama Lane and Colony
Street. A map of the take is attached hereto as Exhibit "B."
This offer is open until March 20, 2005. In the event the offer is not accepted. the City
will proceed further and intends to adopt a Resolution of Necessity and proceed to an
eminent domain action.
Very truly yours,
DOYLE & WATSON
~':~e:7
Thomas T. Watson
TIW:jp
Cc: A Daniels, City Attorney
J. Reid. Applicant
_(-<.'\:;"'/<,(
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Launer & Associates, Inc.
Real Estate Appraisal Services
PO Box 554
Bakersfield, California 93302
(661) 399-0819 fa. 399-9828
October 14,2004
Doyle & Watson
1233 West Shaw Avenue
Fresno. CA 93711
559-229-2200
ATIN: Thomas Watson
RE¡ Real Property Appraisal
Eminent Domain Proceeding
2301 Panama Lane
Panama Lane & Colony Street
Bakersfield, California 93309
Gentlemen.
In accordance with your request, 1 have inspected the relll estate. specific plan documents. and
other related data regarding the above reat estate, in the incorponued area of the City of
Bakersfield. California. as hereinafter described.
The inspection was made for the purpose and as part of the process, of providing value estimates
applicable to the subject property, as of September 27, 2004.
As part of the process, we notified the property owner via certified mail that would like to meet
with him at the property today to get his input and perspectives on the property and to offer him
the opportunity for him to prescnt any data that he considers pertinent in valuing the property. I
have enclosed a copy of the letter.
We went to the property at the appointed time today but Mr. McMemony did not appear. At
10:00 AM however, a gentleman arrived who identified himself as the lessee, Mr. Bashaar. I
explained the purpose of my visit and he stated he was aware of the proposed taking and knew it
is for the purpose of road widening. He also stated that he owns all the improvements on the land
and holds a lease on the underiying land from the land owner, Mr. Mc Memony.
It was my finding that the proposed widening of Panama Lane along the subject's northerly
boundary and the widening of Colony Street along the subject's easterly boundary will not result
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in a diminution of value to the subject as presently improved. It was my finding that the proposed
site improvements to the entries and to the boundary between the adjacent property to the west
arc likely to enhance the utility and appeal of the property.
I res¢arched the market for land sales in the vicinity and for parcels witj'¡ similar commercial
appeal. We did not Investigate sales of improved properties since the taking will affect the land
only. It was my finding that the most comparable data Indicates a value for the subject land is in
the $25 to $30 per square foot range. Assuming the top of the value range. and using the
calculation provided by Porter - Robertson Engineering of 1.126 square feet, the just
compensation would be $33.780.
If you have any questions or if we may provide additional service, please do not hesitate to can
us.
. SinCerelY: . 'í;1 ;/
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Michael Launer. MAl SRA
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Jan !3 05 03:30p
'" i c, _ ';.."1 L_uner
881 -: ,-.-9829
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Launer" Associates, IDe.
Reœ EsuJte Appraisal St:rvke.r
PO Box 564
Ba1tcRlcld. California ~302
(661) 399..0&19 fax 399·9828
Janu~ 13,2005
Doyle &: WalSon
J233 W...tShaw Avenue
Fresno. CA 93711
559-229-2200
ATfN: Thomas Watlon
RE; Real Property App~sa1
Eminent Domain Procccwng
Panama ~ & Colooy Street
Bakenfidd, California 93309
Gentlemen,
As rcq...cated I am forwarding a summary of the data that I uled in fomring my opinion of valli"
for the &ubj«t property. The sales ~ similar in polel1tial use 1IfId arc proximaœ to the $Ubje"l
property. The data are aummari:ted In the table below.
Sale APN Date Price Si7.e $/SF 1Acatiol1
1 331-440-23 212012002 $792,500 31,670 525.02 StackdaJeHwy
2 372·021·22 101112003 S1.175,OOO 40,078 $29.32 NWC Panama &: COlony
3 372-021-23 1013112003 S622.5oo 11,424 S35.73 Panama &: Colony
4 364-211-02 1013112003 $626.000 26,340 $23.77 Olive Drive
S 331-350-19 2/1712004 SI.100,000 52,000 $21.15 ClÙifomia AvenI'''
Sale 1 is in the Ralph's shopping cenlCr un Ihe comeT of Ca1ifornia AVe>lue 8Jld Stockd.aJe
Highwl.y.lI was developed u a Chipotle RestauBIIl
SaJes 2 and :3 are '"".ted acreS! from the subject at Panama Lanð aud Colony Sueet. Sale 3 is the
site of the Wendy' 5 restaUT8l1L Th_ are \he: closcst in proximitY to the subject.
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.:Ian 13 05 03,301' Hlo,
\ Launer
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Sale 4 i. a formet" sel"Yice otation .Ite at the ÇOmer or Olive Drive and Knudsen Drive. The site
W*4 improved with a Starb1.lC1c$.
SaI.. 5 is a Jar¡er p.n;el fronting on the WC$I line of California A ,,,,,,ue. U WBS pun:hascd for
development to a Fanner Boys Restaurant. The Stodcdale West sh'3ppin& centef is adjBamt 1:0
the north and the Stoclcdale Village Shoppin ¡ Center is adjacent IXI rhe :louth.
AfIcr making an analyllis of the datA, I c<mcludc<1lhe fair ma.-k<:: v&luc fOO" !he subject was
$30.00 per square foot.
If )'OU have sny qUC5tions or if we may provide adwtioo.aI service. pI case do not hesitate 10 call
Ia.
Sin=ely. / ~J 14
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Mich~1 Lo.uner. MAl SRA
cc: ThOma6 auk
Cl/IVOL f1I.I 11: 54 FA.!:
Jan t 3 oS O:h 3D,. PH en
Launer
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Sale 4 i. a fOtmCf service Italian .Ite et the comer of Olive Drive and Knudsen Drive. The sile
\\1M inlPfOved. with a SlaIbucks.
Sale 5 is a lar¡er plll'Ul fronting on the wcst line of Califomm ^,oe;'l\1e. [t was pusçhascd for
develOl'Illent to a Fanner Boys Restaurant. The Stockdale Wesl .h,:¡ppin¡ center is adja~t 10
the north and the Stockdale Village Shoppine Center i$ adjacent Ullhc south.
AfII=r maldng an lIfIalysis of the data. I c""cluded the fair ma.-kc: V&luc fQir the subject was
$30.00 per square foot
If you have any questions or if we mo.y provide addilioMl """,ice. please do not hesitate to call
us.
Sincc:re1y, / ~J;/
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Michael LAuner. MAr SRA
cc: Thoma& auk
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Page 1 0[2
California Code
Q CaliforniB.,Code
CJ .CALlFORNIA GOVERNMENT CODE
Q ~TLE1.GENERAL
D DIV.ISION 7.. MISCELLANEOUS
Q Chapter 16. Relocation AssistancB
§ 7267.2 Göv't
{a) P=ior to a¿opti~9 a =esolut~cn of necessity pursuar.t to Seê~ion
1245.230Cív..Proc. of the Cede of Civil Procedure ð:1Q ìr:itiatin9
~egötia~;orrz 'for the acq~i5ition ot =Q~l property, the public entity
shall estÐbli~h a~ amount which it believes to be just co~en$ation
the~efo=, and shall make an offer ~o the ow~er or owners o~ record to
acquire the proper':.y for the full amm.::nt 50 established, unless the: owner
cannot be locatêè with =€asonable diligence. ThQ offer may be conditioned
upon tr.e leq::"slë.t:i.ve body's ril1;.i..fication of the offer by execution or .
COntrac~ of acqui.sition or adoption of a resolution of necessity or
both. I~ no ~ve~t shall t~e a~ount be l~ss than the public entity's
approved appraisal of the ~air ~arket value of thé property. Any decrease
or i~cre~se in the f~ir mðrket val~e of real property to be ac~ired
pr:or :'0 ::he èate of va2.:J.a'tion caused by the pub.lie improvement for which
the property is acquired, Or by the liKelihood that the property ~ould be
acquired tor the improvement, othe= th~n that due to physical
deterioration within the _r~~sonabl@ control of the owner 0.( occ\:..pant,
shall be èj_sreg~rded in d~te:.mini::.g the c::)mpensatio:'l for the property.
(b) 7he FUblic e~tity ahall prov~de r,te owner of real property to be
ñcquired with a wy.itte~ $ta~ernent 0=, and summary o~ the basis for, the
~ount it established as just compensation. The written statement and
summary sr:.all contain dl!:tail sufficie:1t to indicate clearly the basi$ for
the cffer, incl~di~g, D\:..t not limiteè to, all of thœ following
inforroatio:ì:
(1) The date of v;luatíon highe~~ and best ~ae, ~nd applicab:e zoning
of p.roperty.
(2) The p~inêi?al transactions, reproduction 0= replacemer.t COst
analY9i~, or capi~ali~Ation anðlysi~, supporting th~ determination of
valce.
(3) W~~~è appropri~t~, i.he j~st co~pensation for tr:.e real property
acquired ar.d for dùmages to rQrnair.ing real property shall be separately
stated and .9r:all ':"r.cludœ the calculation:! and narrative explanation
supporting the co~pensation, inclu~ng any o!!séttinç benefit5.
(c) Where the prop~rty involved is owne~ occupi~d rê3idential p~operty
a~d ccn~~in! no ~ore th~n four re5identi~1 units, the hom~owner shall,
upon req;.:.est, be a':'lov,led -:c review a copy of the appraisðl upon which the¡
offœr. is based. The public er.t~ty may, but is ~ot required to, satisfy
the w=i:~e~ Gtate~e~t, su~mary, and review requirements of this section
by prcv~d~ng ~~e ~w~e~ a copy of the appraisal on which thé offs~ is
based.
Cd} No~w~thst.a~di~g subd~vi~ion (.), a public e~tity may mak~ ar.
to t~e ow~er or OW~ers of record to acquire real property for less
after
than
http://,,ww.loislaw.com/pns/doclink.htp?&aJias=CACODE&Cite-<7267.2+GOV ^27T
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