HomeMy WebLinkAboutRES NO 298-06
298-06
RESOLUTION OF NECESSITY DECLARING THE PUBLIC
INTEREST AND NECESSITY FOR THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY
(Code of Civil Procedure Section 1245.230)
WHEREAS, in order to promote the safe and efficient circulation of traffic
adjacent to the Fairfax Interchange on State Highway 178 and promote the public welfare
and safety, the City of Bakersfield intends to develop and construct the Fairfax
Interchange project on State Highway 178 (the "Project"); and
WHEREAS, the public interest and necessity require that certain real property
interests, including certain access rights ofthe property commonly known as 5820
Auburn Street, Bakersfield, California, and more particularly described in Exhibit A
attached hereto (the "Property"), be acquired for public roadway purposes for the Project;
and
WHEREAS, the City of Bakersfield has provided all owners of the Property
whose names and addresses appear on the last equalized County assessment roll with
notice and an opportunity to appear and be heard on the matters referred to in Section
1240.030 of the Code of Civil Procedure, in compliance with Section 1245.235 of the
Code of Civil Procedure; and
WHEREAS, the offer of compensation required by Section 7267.2 of the
Government Code has been made; and
WHEREAS, the City of Bakersfield desires to adopt this Resolution of Necessity
pursuant to Sections 1245.220 and 1245.230 of the Code of Civil Procedure;
NOW THEREFORE, IT IS HEREBY RESOLVED by the City of Bakersfield as
follows:
1. The Property is to be acquired in order to promote the safe and efficient
circulation of traffic adjacent to the Fairfax Interchange on State Highway 178 and
promote the public welfare and safety. The City of Bakersfield is authorized to acquire
the Property by eminent domain pursuant to Section 1240.010 of the Code of Civil
Procedure and Section 37350.5 of the Government Code for public roadway purposes.
2. A description ofthe general location and extent of the Property to be taken
is attached to this Resolution as Exhibit A and incorporated herein by this reference. A
diagram showing the location ofthe Property is attached as Exhibit B.
3. The City Council, as the governing body of the City of Bakersfield, has
found and determined each of the following:
(a) The public interest and necessity require the proposed Project;
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ORIGINAL
(b) The proposed Project is planned and located in the manner that
will be most compatible with the greatest public good and the least
private injury;
(c) The Property described in this Resolution is necessary for the
Project;
(d) The offer required by Section 7267.2 of the Government Code has
been made. (Exhibit C, attached hereto includes a copy of the
offer letter, a definition of just compensation and fair market value,
and a copy of section 7267.2 of the Government Code.)
4. The staff of the City of Bakersfield is directed to take all necessary and
appropriate actions to carry out the purpose and intent of this Resolution, including but
not limited to, commencing a proceeding in eminent domain in the Kern County Superior
Court to acquire the Property within six months of the date hereof.
I hereby certify that the foregoing Resolution was passed and adopted by the City
of Bakersfield at a meeting thereof held on November 15,2006, by the following vote:
~L1.lY\L~
Pamela A. McCarthy
Clerk of the City of Bakersfield
APPROVED AS TO FORM
B
VIRGINIA GENNARO
City Attorney
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Robert Sherfy
Deputy City Attorney
By
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ORIGINAL
EXHIBIT 'A'
Being a1l 56.40 feet of the south line of Parcel A of Parcel Map Waiver 22-92 as
evidenced by CertifICate of Compliance recorded in Book 6920, Page 2127,
October 6, 1993 at the Office of the Kern County Recorder, said line also being
the North right of way line of Auburn Street.
EXHIBIT A
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AUBURN OAKS CAlVE
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ACcesS CONTROL
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218.07' AUBURN a I nc::ET
Existing R/W
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EXHIBIT B
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4
BAKERSF ELO
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October 10.2006
Mr. Irwin Y. B. Chu, Tnutee
Ms. Ceceli. C. Chu, Trostee
120S.South ua" Street
Baters1idd. CA 93304
State Route 178 Widenmg &: Fairfax Road ln1mchaDae Project
5820 Auburn Street. Bakersfield, California
APN: 438-122-02
Dear Mr. and :Mrs. Chu:
Rcgardi.Ds:
As you haw been informed previously. the City of Bakersfield, in ooqunetiOD with CaltrlDs, bu
plans to widm State Route 118 anG to constrUCt a oew ~ at Fairfax Road. This project
.requUes the control access of riahts alq yom propeaty located at Auburn SUeet which is pert of
your property as listed herein.
Therefore. the City of Bakcnfie1d hereby makes an offer to seale the acquisition of the RlqUind
ICCCI& riahts control alone yo\1l' ploperty located at 5820 Aubum S1reet, BaUndielct, ~lifot'ni.,
as shown on the mt-ebed 1ep1 deac.rlp1ion and map, for the sum of $13,700.00, which is
segregated as follows:
$ 1,000.00
$12.700.00
$13,700.00
Access rights control along Aubum Street
Severeoee Damages
To1al c~on
A dacriptiOD of thtllCCeSS control mea and soverlDee damapI, aad their rapcctivc nlQel., is
C01'tAi"ed haein.
The City's offfZ is the fWlllD10Unt detenniDed to be just compeDS8tion for the property interest.
1'be basis for that determiDalio~ is axplaiDed ill the A".chr.d InfmmaUOD md Appnisal SUIDIDIIl)'
StBt.!meflt, It is the City's hope 1bat 1his price is 1IfOeIb1e to you aDd that the ICqUisiticm OlD
begin ;--Mp'ly.
0wrlaDd, pacific " ~, Inc., tho acquisition apnt for the City, will coD1Bat you reprdiDa the
acquiIi1ion of 1bat portion of your property IDd anJ'M!I' .Y que.stioDa you have reprdina this
letter, Information and Appt8isal Surmnuy Stltcment. The aequisition IpDt call be re8Chcd at
(BOO) 400-7356.
City of Bakersfield - Property Management Dlvfslon -1 SOl Truxtun Avenue
Bakenfteld - California . 93301
Charles Webb (661) 326-3479 · John Cutler (800) 535-6679
cv....ebb~ba.kE r5fl~ldcitY.us IJcutl€I"Fopcserv/ces .com
EXHIBIT C
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ORIGiNAl
Chu Trust
October 10, 2006
Page 2
This offer is subject to aod coMiUoned upon acceptable soll condiuODI aad the abseoce from the
property of toxic or h8zardous mbstaDces IUd any other kind of soil or 'MItcIr ~tJtom;nAtiOD, and
to tbe grant of a rigbt-of-ently to 1he City for the purpoae of conducting. IOil. toxic aDd
hazardous s\1bstIDOeS investigation of the subject property . the City'. expeose. This o:ffer U
further subject to modification d~;nl on 'the JaUltl of saicl investigation to 1be extIa1t that the
multi of such iDvestiptioD. could have an impact on the value oftbe subject property.
This offer, and any agremlClDt or esaow created 'tbere&om. is Idditioually contiDgeDt upon
spocific acceptaDCe ad ~va1 by the City Council oetbe City ofBakmsfield.
It is requested that you acmowledp receipt of the City's offer by IiguiDg . copy of this letter
aDd rctuD1ing 8IUJlfl to this office. Your tipture on the Copy does DOt sipify' acceptance of 1M
City's offtlr to settle the acquisition, it 0Dly aclmowiedges receipt oftbe CitY! offer.
Your cooperation in this matter will be gteat1y appreciatod.
OFFER RECEIVED
By:
Date:
Receipt ofOfJer Does Not
CollltituIfJ Accep1aDce
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ORIGINAL
INFORMATION STATEMENT
This approved offer is prcsc::Ated in sottlement of the acquisition of yom property.
$ 1,000.00
$12.700.00
513,700.00
Access riJht.s coatrol alcmg Auburn Street
Sevenmcc DI111",
Total CompcmsaDOI1
'!be value of the property ri&bts bcina purchued is based upon a maxket value appraisal
prepared by m independent appraisal firm in accordance with accepted appraial proeeduteL
Where applicable, the valuatiOI1 of your property rlabts II based upon an aoalysis of, reccot ...
of eomparable sites ami Iimilm' properties jJ1 this locality with CODJidentiOD to the "'aJ'-t aDd
best use for development of the property; an income applO8Cb based 011 the poteD.tiIl fUr ren1B1
for your property has been considered; lUlCl a rep1acem.e.al cost approlCh ooDlideriD& the
estm."~~ depreciated cost of the improvement&. toptbcT with the value of the laud. b.u been
, coDSidered. The eft'ect of the acquisition of the subject easemeuts over porUODI of your property
OD the retO,;ndmo preperty bas also been considered. 'Ibe basic pJemise for the valuatiOD of the
subject easements was an "ac;ross.-tbe-fcmee" valua1i.on. This valuatiOll. appIOId1 <<maiden the
laIId value oftbe property Idjoimna the various subject easements u the basis for the wluation.
Before arriving at a oouclusion ofwue. the appxaise.:r conducted an investigation in order
to obtaiD the iDfOl1llAtiOll DeOO8SM')'. Tho investiption poenlly ineludes In iD.speetion of the
proparty and. improvements, ad review of the improve:a:JP.ft~.. a nMe\V of the ;nnn~iaM
SUlT01JDdiDS aDd l'Oaioaal iDfl~. the property zoning aDd uses pcunittccl. a stUdy of the
highest and best use to wbieh the property can be put. casemeats which may exist OIl the
property. the availability ofutili1ios. access and street improveml:lDtl. '!be appraiser may conduct
i.ntavicws with Imowledaeablc iDdividuals, collect comparable sales data. infotmatiOI1 relating to
fair rmtal value oftbc proparty rmd the cost ofrep'1'OduciD& the improvemeldl OD the property.
1b offer is the full amount believed by the Oty to be just compeDB8tion for your
property rights. It is DOt less tbm the City'. bichcst app:oved appraisal of'the Fair Market Value
of the property. Any deaeasa or inc;I;easeI in the Fair Maxket Value of the real }onopert)' to be
acquired prior to the date of the valuation cmsed by the public improvements or project for
which the p:operty right. are to be acquired. or by the likelihood that the property riahtS would
be acquired for such improvemeat or project. other than that due to physical det&rioratiOll withm
the reasonable cont1'Ol ofthc owner, has been d.iJreprded by 1M City 8Dd i1l appraiser in lTIalri1'l1
their detenDiIlatiOI1 of1be Pair Market Value of suda property.
FAIR MAlUCET VALUE, u UIed in the 1pp1'Ii~ is It ........the hi... price OIl the date
of valua1ion that would be qrced by I. seller. being wi1liD& to sell but UDdCll' no particular or
urgeot DIlCeSsity for doiDI 10, nor obligated to seD, am a buyer. beiDa xeady, Wl1ling IUd able to
buy but under DO particulll oecessity for 80 doing. eacl1 dea1in& with the ft2l1 bowtecIae of all the
uses me! puzposes for whid1 the property is reasonably adaptable aud available." (Secdon
1263.320 Code of Civil Pmcedure)
The det_inAtiOll of' just compcDAtion does DOt reflect uxy ccmsidcation of Ot
allowance for relocation assistance and payments to which you may be entit1ecl to receive under
applicable State or Federal Law or of the City's ~cnt to pay certain settJcmcnt costs.
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ORIGINAL
This SWDDWY of the baIiI of the amount 01R:red as just compematioo is pICSGDted in
comp1iaDce with State, and where applicable. Federal Law. Attached is an AppGisaI Summary
State:mcDt iDcluding infmmation pcrtiDent to OlD' o1f~ to acquire the property
In the eVCDt you are the 0'W1'I<< of a bt,~ft~ conducted 011 the property being acquired by
the City, you may be eatitled to eompeDSation for loss of aoodwfil, if any, if you lIe able to make
a showing of such loss putIUID.t to the requiremerrts of CaHfomia Code of Civil Procedure
Section 1263.310. For your iDfoanation. Scction1263.S10 is reprinted below in its entirety.
(A) The owuer of . businaI conducted on the property taba, or OD the
~amdCll' if such property is part of a lazser parceJ, sba11 be
C'~~ for loss of goodwill if the OWDeI' proves all of the
following:
(1) The loss is caused by the takina oftbe property or the injmy to the
p.tnR;ndt!r.
(2) The Iou ommot reasonably be prevented by relocation of the busiD.en
or by tak:ina steps md adop1ina procedures that I reasonably prudent
pellOll would take and adopt in prcserYiDa the goodwill
(3) CompcmsatioD for the loss will not be included in paymcms lJIld<<
Section 7262 oftbe Oovl'!ftlmeot Code.
(4) CompcDsa1ion for the loss will DOt be duplicated in the compensation
otherwise aWlirded to the OWDilr.
(B) Within the meaning of this articles "goodwill" CODSists of the beDe1its
that accaue to a business as a result of its location, reputation for
dependability, sk'i1l or quality, aDd my othec cUcumstances resulting in
probable retention of old or acquisi1ion of new patrooaae."
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ORIGINAL
BASIS OJ' APPRAISAL
The market value for the property rlahts to be acquired by the City is based UPOD an
appraisal prepared in accordaQce with acceptecl appmisal priDciplesaaG procedures.
Recent sales of comparablo pzopcrtios IDd iDcome data are \If:i1i7.ed as approptiI:te. Full
consideration is given to zoning. development potentiall1ld the income the property is capable of
producing.
I. The Sales Comparison approac;b is bued on the coDSidclation of comparable land and
improved ales.
Value of entire Property pmsuant to Sales Comparisou. approach.
Access Restrictiol1- 56.40 linear feet (NomiDal)
S 1,000.00
2. 'IbI: Cost approach is based in part OIl a replacement cost new of improvcmaltS Jess
deprecils:ion.
Not Applicable.
3. The IDcome approach is based on an 8D8Iysis ofiu.comc aDd expeoICS to the property.
Not Applicable.
4. The Sr:wnuce Income DIIID.IIp was valued as follows:
Inc:.rcascd Vacancy Expense
512,700.00
ValuatioD CObdulioD:Fair Marbt Value of Property Rights
513,700.00
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ORIGINAL
APPRAISAL SUMMARY STATEMENT
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r... ....;;o>l~'.. ,..... '., .~. ,.... .'),i,vJ ~."r., tllm~~"~' rj,,l"r:.{~'...'..'''';lFJot:..a'''.'.*'' ~." ,.
:f~.~~/~!~~~:;~i:~.!"::'f~+1~.~}~}.:.?~::,:~'~:~:-~r. :~(J '. ~ :~ ....:,.;~ .' .......... , . .... ~.1!~~. ~}fi~.::t{~~~.~~i{..~~.~;~rt~f't~.;
Project Name: State Route 178 Widening & Fairfax R.oad Inte:rcIumge
Property OwDer: Irwin Y. E. Chu aDd Cecelia C. Chu, Trustees oftbe Irwin 'Y.
E. Cb.u aDd CeceJia C. Chu Trust dated October 31.1991.
Property Address: S820 Auburn Stteet, BaUnfie1d, CA 93306
Assessors Parcel Number(s): 438-122-02
. .
Lepl DeseriptionlM Plat See attat.hed Exhibits "A"
Area to be Acquired: S6.40 Jinear feet aec.ess riehU
Improvements to be Aoquired: 56.40 lincBr feet of access rlahU eomrol alone Aubur::n Street
Interest BeiDa Valued: Access control riJhts
Highest and.Best Use: As improved
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ORIGINAL
LEGAL DESCRIPTION
Being all 56.40 feet oftbe south Iinc ofPlII'COl A ofPareo1 Map Waiver 22-92 as evidenced by
Ca.1:ificatc ofCompliauce recorded in Book 6920, Pace 2127, October 6. 1993 auhe Office of
the Kern ComIty R.eoordar, said liDo also being the North right of way JiJu: of Auburn Street.
EXHIBIT "A"
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EXHIBIT " A"
AUBUAN OAKS DRIVE
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218.07' AUBURN eunEET
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ORIGINAL
lUST COMPENSATION DDINI110N
Just compensation for poperty acquired by EmiNmt ~ .cue:rally meIDI the fair
market value.oftbc property to be acquired plusaDY severance Umqe or iqjury to the
remaiDder property.SevCI'IDCC d8ma&c pncrally mCIDI the dimDnrtion of the fair .
market value oftbe (sevcraDCC) and/or the CO~ctiOD of the project improvemeat in the
m","er proposed.
'AIR MARKET VALUE DD'INI110N
Fair market value defiDcd by the Code of Civil Procedure. PIIt 3, Title 7 (F~
Domain Law), Chapter 9 (Compemation), Ardde .. (Measure of CompeDDtion f~
~operty Taken), Panpaph 1263.320 is u follows:
(a) The fair market value or1be poperty tilteD is1hc hiabat price OIl the dale
ofvaluatiOll1hat would be qreed to by a seller, beiDa wilJiDa to MIl but
under DO pllrtieuJar or urac:at neceaity for 10 doina. DCJI' obliaecl to ..u.
aDd a buyer, beiDa ready, wiJUDa. ad able to buy but ~ DO pmicuJ.r
DeCnIity for 10 doiDa. each dealiDa wi1b the other with full kDowJedae of
aU the UIeI ad purpolel for which the property is reucmably adIIptabIe
and avail"'.
(b) The fair market value of ~opertY 1akeD for which there is DO relevllllt
market il iU value OIl the date of vallla1iOll u determined by aDY metbod
of valuatiOll1hat is just aDd equitable.
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ORIGINAL
California Government Code ~ 7267.2
(a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil
Procedure 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 cannot 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 in the fair market value
of real property to be acquired prior to the date of valuation caused by the public improvement for
which the 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.
(b) The public entity shall 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. The written
statement and summary shall contain detail sufficient to indicate clearly the basis for the offer,
including, but not limited to, all of the following information:
(I) The date of valuation, highest and best use, and applicable zoning of property.
(2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis,
supporting the determination of value.
(3) Where appropriate, the just compensation for the real property acquired and for damages to
remaining real property shall be separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting benefits.
(c) 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. The public entity may, but is not required to, satisfy the
written statement, summary, and review requirements of this section by providing the owner a copy
of the appraisal on which the offer is based.
(d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of
record to acquire real property for less than an amount which it believes to be just compensation
therefor if (1) the real property is offered for sale by the owner at a specified price less than the
amount the public entity believes to be just compensation therefor, (2) the public entity offers a price
which is equal to the specified price for which the property is being offered by the landowner, and (3)
no federal funds are involved in the acquisition, construction, or project development.
(e) As used in subdivision (d), "offered for sale" means any of the following:
(l) Directly offered by the landowner to the public entity for a specified price in advance of
negotiations by the public entity.
(2) Offered for sale to the general public at an advertised or published, specified price set no more
than six months prior to and still available at the time the public entity initiates contact with the
landowner regarding the public entity's possible acquisition of the property.
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ORIGINAL