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HomeMy WebLinkAboutRES NO 171-01RESOLUTION NO. 1~ 1" 0 1' A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF PROPERTY FOR BRIMHALL ROAD WIDENING AND FOR DRAINAGE BASIN NORTH OF BRIMHALL ROAD, WEST OF COFFEE ROAD, 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 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. Brimhall Road is a major collector street serving residents and businesses in the City of Bakersfield. It is being widened between Coffee Road and Windsong Street to better serve the public benefit and to enhance vehicular safety; and 2. The City of Bakersfield intends to widen, construct, operate, maintain, repair and reconstruct Brimhall Road and a water drainage basin north of Brimhall Road at this location with appurtenant and necessary surface and subsurface structures for public use, to carry out and make effective the principal purpose pursuant to Code of Civil Procedure section 1240.120(a) and, in connection therewith, acquire certain real property. Said public use is a function of the City of Bakersfield which will provide for the continuing health and welfare of City residents and allow for continuing residential/commercial development and enhanced vehicular safety; and 3. By virtue of Article III, Section 12 of the City Charter, Municipal Code Chapter 14.12, provisions of the California Government Code and Streets and Highways Code, the City of Bakersfield is authorized to acquire the necessary property by eminent domain for this project; and 4. The Public Works Department of the City of Bakersfield has prepared a plan of works for the widening of Brimhall Road and construction of a water drainage basin (the "Project"); and 5. Legal descriptions of the subject properties are attached as Exhibits "A" and general plat maps and descriptions of the subject properties and project are attached as Exhibits "B", attached hereto and incorporated herein by reference; and 6. The real property described in attached Exhibits "A" and generally depicted in Exhibits "B" (the "subject properties") is required for completion of the Project; and -- Page 1 of 4 Pages -- 7. The City of Bakersfield has fully complied with Code of Civil Procedure section 1245.235 (Notice of Hearing) and now desires to adopt its Resolution of Necessity in compliance with Code of Civil Procedure section 1245.230; and 8. On October 19, 2001 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 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 the entity whose name appeared on the last equalized County Assessment Roll as having an interest in the property described herein. Said Notice of Hearing advised said entity and its representatives of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and 9. The proposed project for which these acquisitions are made is categorically exempt from CEQA under Section 15301; Existing Facilities; Class 1(c). A Notice of Exemption was filed September 21, 2001; and 10. By Resolution dated October 18, 2001, 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 11. The property is to be acquired for the layout, establishment, construction, and maintenance of the Project. 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 property by eminent domain; and 12. 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 owner of record of the subject property; and 13. Specific findings 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 for the widening of Brimhall Road and for the water drainage basin 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. 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 to, initiating proceedings in eminent domain to acquire the subject property, to obtain an order(s) for immediate possession of the 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 property for said public uses and purposes. .......... 000 .......... -- Page 3 of 4 Pages -- ! HEREBY CERTIFY that the foregoing Resolution was passed and adopt.ed by the Council of the City of Bakersfield at a regular meeting thereof held on "~" 14 Z001 , by the following vote: AYES: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ~-~,.~ ABSENT: COUNClLMEMBER CITY CLERK and Ex Offic~Clerk of the Council of the City of Bakersfield NOV lA Z001 APPROVED Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney A FORF Deputy City Attorney MGA:lsc S:\COUNClL\ReSOS\RON.PG&E.wpd October 19, 2001 -- Page 4 of 4 Pages -- EXHIBIT A EXHIBIT "A" ADDITIONAL RIGHT OF WAY FOR FOR BRIMHALL ROAD That strip of land being a portion of the southeast 1/4 Section 29, T. 29 S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the southeast corner of said Section 29; Thence N 890 10' 42" W, along the south line of said Section 29, a distance of 732.00 feet to intersect the east line of that land granted to Pacific Gas and Electric Company per Grant Deed filed tbr record in Book 1784, Page 258, Official Records in the Ot'Iice or' the Kern County Recorder; Thence N 00° 49' 18" E, along said east property tine, 30.00 feet to intersect the north right of way line of Brimhall Road, said point being the TRUE POINT OF BEGINNING; Thence N 89" 10' 42" W, along said right of way line, 330.00 feet to intersect the west line of said Pacific Gas and Electric Company Land; Thence N 00° 49' 18" E, along said west property line, 15.00 feet; Thence S 89~ 10' 42" E, 206.98 feet; Thence S 89" 32' 11" E, 123.02 feet to intersect the east line of said Pacific Gas and Electric C°mpany Li,i~d; , ,, Thence S O0 49 18 W, along said east property line, 15.77 feet to the TRUE POINT BEGINNING. Containing 4997.29 Sq. Ft. (more or less) EXHIBIT "A" ADDITIONAL RIGHT-OF-WAY ON SOUTH SiDE OF BR1MHALL ROAD That strip of land being a portion of the northeast 1/4 of Section 32, T. 29S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the northeast comer of said Section 32; Thence N 89° 49' 00" W, along the north line of said Section 32, a distance of 832.00 feet to intersect the east line of that land granted to Pacific Gas and Electric Company per Deed dated December 30, 1947, and filed for record in Book 1474, Page 378, Official Records, in the Office of the Kern County Recorder; Thence S 00° 11' 00" W, along said east property line, 30.00 feet to intersect the south right-of- way line of Brimhall Road, said point being the TRUE PO1NT OF BEGINNING; Thence continuing S 00° 11' 00" W, 15.68 feet; Thence N 88° 07' 10" W, 22.93 feet; Thence N 89° 49~ 00" W, 207.08 feet to intersect the west line of said land granted to Pacific Gas and Electric Company; Thence N 00° 11' 00" E, along said west property line, 15.00 feet to intersect the south right-of- way line of Brimhall Road; Thence S 89° 49' 00 E, along said south right-of-way line, 230.00 feet to the TRUE POINT OF BEGINNING. Containing 3,457.78 sq. ft. (more or less) G:\GROUPDATXRon\Rto fWy-Bdmhall 3-27-00.wpd EXHIBIT "A" DRAINAGE BASIN SITE ON BRIMHALL ROAD WEST OF COFFEE ROAD That parcel of land being a portion of the southeast 1/4 of Section 29, T. 29 S., R. 27 E., M.D.M., City of Bakersfiel& Cotmty of Kern, Slate of Californfa, more particularly described as tbllows: Commencing at the southe~t corner o1' said Section 29; Thence N 89" 10' 42" W, along the south line of said Section 29, a distance of 1062.00 feet to intersect the west line of that land granted to Pacific Oas mtd Electric Cmnpany per Grant Deed filed tbr record in Book 1784, Page 258, Official Records in the Office of the County Recorder: Thence N 00° 49' 18" E, along said west property line, 45.00 fcct to the TRUE POINT OF BEGINNING; Thence continuing N 00~' 49~ 18" E, 700.00 ?eot; Thence S 89° 10' 42" E, 150.00 feet; Thence S 00° 49' 18" W, 700.00 feet; Thence N 89° I0' 42" W, 150.00 f~et to the TRUE POINT OF BEGINNING. Containing 2.41 Acres (more or less) i ! ! I G ~sub,,SHARED',Rt-)N .~00O',,EX A brimh~dl-c ITee.~pd EXHIBIT B PACIFIC GAS & ELECTRIC S897 0'42"E 206, 98' ~ BOOK 1784, PAGE 258 S89 'J2'~ I "£ 123. 02 '--~ N89 '10'42 "W J JO. 00' STREET IMPROVEMENT OF BRIMHALL ROAD Cfl~ O~ BN~ERSI~ELD CAI.F---(~I~ / -- -- 5L)UIH LHW' OF/ SECTION 29 / NOO'49'I8"E / _50 00' --/ L ') I SCALE: ~"=60' SE CORNER SECTION 29 Z29 S, R. 27 E,/ SO0'! 1 'O0"W --~ 50. 00'~ S89 '49'00"E 250. 00' '/ N89 °49 'O0"W 207. 05'~ N,B,B'O7'10"W / 22. PACIFIC GAS & ELECTRIC BOOK 1474, PAGE 378 4-18-00 E.IUBERA POB EXHIBIT 'B' STREET IMPROVEMENT OF' BRIMHALL ROAD CITY OF BAKERSFIELD CAUFORNIA -) £ -) (. SCALE: 1"=60' //'-- N89'49'OO"W 8,~2.00' CL BRIMHALL ROAD NE CORNER SECtiON 52 ~29 ~, R. 27 E NORTH LINE OF SECTION ,~2 $89'10 '42 'E PACIFIC G, & ELECTRIC BOOK ~7~ PACE 258 N89'lO'42"W ~50 00' STREET tMPROV~M£NT OF I,,~,,,~ B RIMHALL ROAJD I~, SCALE: ! "= 130' --SOUTH ~-- N89'10'42"W 1062.00' ,~,-- CL BRtMHALL ROAD' LINE OF SECI?ON 29 SE CORNER SECTION 29 ~.29 S., R. 27 E S I/2 OF SEC29 T2g S. 1~27E. 1-217, 368-02 ASSESSORS MAP NO.~~2- ..... COUNTY OF KERN 8RU4HALL TRACT 5770 538~ OR. 53~ PH ~ TRACT $386 NI/'"~ OF SE¢32 T. 29 S R. 27E. TRACT TR. $035 sc~oo~ o~sT. 1-217 1-220 so,-OI ASSESSORS MAP NO......5.~-..:...OJ.. COUNTY OF KERN EXHIBIT C NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR BRIMHALL ROAD WIDENING AND AWATER DRAINAGE BASIN To: Mr. Doug Snyder Land Services Pacific Gas & Electric Co. 1918 "H" Street Bakersfield, CA 93301 Re: Notice of Hearing regarding adoption of a Resolution of Necessity to acquire property for Bdmhall Road widening and a water drainage basin over property located north of Brimhall Road, west of Coffee Road, Bakersfield, California (APNs 501-010-12 and 368-021-12) by Eminent Domain [California Code of Civil Procedure section 1245.235] Dear Mr. Snyder: 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 November 14, 2001 which, if adopted, will authorize the City to acquire property for the widening of Brimhall Road and for a water drainage basin on the property described herein, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain. 2. Notice of Your Right to Appear and Be Heard. Please take notice that the Bakersfield City Council, at a regular meeting to be held on Wednesday, November 14, 2001, 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 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 property for the widening of Brimhall Road and for a water drainage basin on your 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 to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed acquisitions; b. Whether the proposed acquisitions are planned or located in the manner that will be most compatible with the greatest public good and the least private 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; Page No. 2 d. Whether the offer required by Government Code section 7267.2(a), together with an accompanying statement and summary of the basis for the amount established as just compensation (or appraisal report(s)), was actually made to you and whether said offer was in a form and contained all of the factual information required by Government Code section 7267.2(a) (attached as Exhibit "C"); 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 15301; Existing Facilities; Class 1(c). A "Notice of Exemption" was filed September 21, 2001. The statute(s) which authorize the City of Bakersfield to acquire the property by eminent domain for this project include, but are not limited to, Code of Civil Procedure section 1240.010; and Article III, Section 12 of the Bakersfield City Charter. 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 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 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 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 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 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 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 Supedor Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and served on October ~' , 2001. · Very truly yours, Deputy City Attorney MGA:Isc Attachments: Exhibit "^": Proposed Resolution of Necessity Exhibit "B": Offer Letter (which included complete copies of appraisal reports) Exhibit "C": Government Code section 7267.2(a) CC: Donald M. Anderson, Real Property Manager Pamela McCarthy, City Clerk Cesar Alegria, Esq. S:~L~PG&E~Co r~Not Headng. RO N.wpd PROPOSED RESOLUTION NO. A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF PROPERTY FOR BRIMHALL ROAD WIDENING AND FOR DRAINAGE BASIN NORTH OF BRIMHALL ROAD, WEST OF COFFEE ROAD, 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 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. Brimhall Road is a major collector street serving residents and businesses in the City of Bakersfield. It is being widened between Coffee Road and Windsong Street to better serve the public benefit and to enhance vehicular safety; and 2. The City of Bakersfield intends to widen, construct, operate, maintain, repair and reconstruct Brimhall Road and a water drainage basin north of Brimhall Road at this location with appurtenant and necessary surface and subsurface structures for public use, to carry out and make effective the principal purpose pursuant to Code of Civil Procedure section 1240.120(a) and, in connection therewith, acquire certain real property. Said public use is a function of the City of Bakersfield which will provide for the continuing health and welfare of City residents and allow for continuing residential/commeroial development and enhanced vehicular safety; and 3. By virtue of Article Ill, Section 12 of the City Charter, Municipal Code Chapter 14.12, previsions of the California Government Code and Streets and Highways Code, the City of Bakersfield is authorized to acquire the necessary property by eminent domain for this project; and 4. The Public Works Department of the City of Bakersfield has prepared a plan of works for the widening of Brimhall Road and construction of a water drainage basin (the "Project"); and 5. Legal descriptions of the subject properties are attached as Exhibits "A" and general plat maps and descriptions of the subject properties and project are attached as Exhibits "B", attached hereto and incorporated herein by reference; and 6. The real property described in attached Exhibits "A" and generally depicted in Exhibits "B" (the "subject Properties") is required for completion of the Project; and ..,,. -- Page 1 of 4 Pages-- XHIBI'F'`,,~,~ 7. The City of Bakersfield has fully complied with Code of Civil Procedure section 1245.235 (Notice of Hearing) and now desires to adopt its Resolution of Necessity in compliance with Code of Civil Procedure section 1245.230; and 8. On October 19, 2001 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 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 the entity whose name appeared on the last equalized County Assessment Roll as having an interest in the property described herein. Said Notice of Hearing advised said entity and its representatives of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and 9. The proposed project for which these acquisitions are made is categorically exempt from CEQA under Section 15301; Existing Facilities; Class 1(c). A Notice of Exemption was filed September 21, 2001; and 10. By Resolution dated October 18, 2001, 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 11. The property is to be acquired for the layout, establishment, construction, and maintenance of the Project. 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 property by eminent domain; and 12. 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 owner of record of the subject property; and 13. Specific findings 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 for the widening of Brimhall Road and for the water drainage basin 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. 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 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 property for said public uses and purposes. -- 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: ABSENT: COUNCILMEMBER CARSON. BENHAM, MAGGARD. COUCH. HANSON. SULLIVAN, SALVAGGIO COUNCLMEMBER. COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney By MICHAEL G. ALLFORD Deputy City Attorney MGA:[SC S:\COUNCIL\Resos\RON. PG&E.wpd October 19, 2001 -- Page 4 of 4 Pages -- EXHIBIT A EXHIBIT ADDITIONAL KIGI~IT OF WAY FOR FOR BRIMHALL ROAD That strip of land being a portion of the southeast 1/4 Section ;19, T. 29 S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commenckng at the southeast corner of said Section 29; Thence N 89° 10' 42" W, along the south line of said Section 29, a distance of 732.00 feet to intersect the east line of that land granted to Pacific Gas and Electric Company per Grant Deed tiled tbr record in Book 1784, Page 258, Official Records in the Office of the Kern County Recorder; Thence N 03° 49' 18' E, along said east property line, 30.03 feet to intersect the north right of way line of Brimhall Road, said point being the TRUE POINT OF BEGINNING; Thence N 89" 10' 42" W, along said right of way line, 330.00 feet to intersect the west line of said Pacific Gas and Electric Company' Land; Thence N 03° 49' 18" E, along said west property line, 15.00 feet; Thence S 89~ 10' 42" E, 206,98 feet; Thence S 89" 32' 11" E, 123.02 feet to intersect the east line of said Pacific Gas and Electric Company Land; , Thence S 03° 49' 18' W, along said east property line, 15.77 feet to the TRUE POINT (':F BEGINNING. Containing 4997.29 Sq. Ft. (more or less) -. ! ADDITIONAL RIGHT-OF-WAY ON SOUTH SIDE OF BR1MHALL ROAD That strip of land being a portion of the northeast 1/4 of Section 32, T. 29S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 32; Thence N 89° 49' 00" W, along the north line of said Section 32, a distance of 832.00 feet to intersect the east line of that land granted to Pacific Gas and Electric Company per Deed dated December 30, 1947, and filed for record in Book 1474, Page 378, Official Records, in the Office of the Kern County Recorder; Thence S 00° 1 l' 00" W, along said east property line, 30.00 feet to intersect the south right-of- way line of Brimhall Road, said point being the TRUE POINT OF BEGINNING; Thence continuing S 00° I l' Off' W, 15.68 feet; Thence N 88° 07' 10" W, 22.93 feet; Thence N 89° 49' 00" W, 207.08 feet to intersect the west line of said land granted to Pacific Gas and Electric Company; Thence N 00° 1 I' 00" E, along said west property line, 15.00 feet to intersect the south right-of-. way line of Brimhall Road; Thence S 89° 49' 00 E, along said south right-of-way line, 230.00 feet to the TRUE POINT OF BEGINNING. Containing 3,457.78 sq. ft. (more or less) G:\GROUP DAT~RonXRto fWy-Brimhall 3-27-O0.wlxt EXHIBIT DRAINAGE BASIN SITE ON BRIM'HALL ROAD WEST OF COFFEE ROAD That parcel of land being a portion &the southeast 1/4 o£ Sectlon 29, T. 29 S., R. 27 E., M.D.M., City of Bakersfield, Cotm~' of Kern, State of California, more particularly described as tbllows: Comnaencing at the southeast comer of said Section 29; Thence N 89': 10' 42" W, along the south line of said Section 29, a dist,'mce of 1062.00 feet to intersect the west line of that land granted to Pacific Oas mid Electric Company per Grant Deed filed t'or record in Book 1784, Page 258, Official Records in the Olfice of the County Recorder; Thence N 00° 49' 18" E, along said west property line, 45.00 feet to the TRUE POINT OF BEGINNINO; Thence continuing N 00° 49' 18" E, 700.00 Feet; Thence S 89° 10' 42" E, 150.00 feet; Thence S 00* 49' 18" W, 700.00 feet; Thence N 89© 10' 42" W, 150.00 [~et to the TRUE POINT OF BEGI'N'NING. Containing 2.41 Acres (more or less) I ! I G:~tnb',.SHARRt)~,Rt')N~.200fi'..EX A hrimhall..col¥ce.,.~*pd EXHIBIT B PACIFIC GAS & ELECTRIC S8970'42 "E 206.98' --~ BOOK 1784, PAGE 258 S89'J2'I 1 "E 125. 02 '--~ N89 'I0'42"w 330. 00' - 5UUIH LiNE UF SECTION 29 j STREET IMPROVEMEN'T OF BRIMHALL ROAD ~-- POB I SCALE: 1"=60' (- £ N89'tO'42"W Z32.00' CL BRIMHALL ROAD. / SE CORNER SECTION 29 ~29 S., R. 27 El S00'11 'O0 "W -% 30. 00' '~ S89 '49'00 "E 250. 00' '/ N89 '49 'O0"W 207. 08"--/ N88'OZ'10"W 22. 9,3' -- POB PACIFIC GAS & ELECTRIC BOOK 1474, PAGE 378 '~'~ 4-18-00 EXHIBIT 'B' ._ E.'~JBERA STREET IMPROVEMENT OF ~ BRIMHALL ROAD ,.~ 101:1 £ SCALE: 1"=60' L~-- ~-NORTH LINE OF SECTION $2 //-- N89'49'OO"W 832.00' CL BRIMHALL ROAD , NE CORNER / SECT/ON 32 T. 29 S., R. 27 E $ 8 9 '~ 0 ' 4 2 'E PACIFIC G~ & ELECTRIC BO~K 17~ PAGE 258 SCALE: I "--1,'~0' NB 9 ' ~ 0 '42 ' W 150 00' POB EXHIBIT 'B' STRI[[T IMPROV[MEN"I' OF BRIMHALL ROAD SOUTH LINE OF SEC~ON ,Z9 ,/~ NSg'IO'42'W ~062.00' / CL BRIMHALL ROAn L~i~ J SE CORNER SECDON 29 [.29 $, R. 27 E $ V2 OF SEC29 · .29 S. R27E. SCHOOL DIST. 70-3 1-217, ~68-02 I ' · t ASSESSORS MAP NO..3..-6~'':~-2-' ' COUNT~ OF KERN NI/'?- OF SEC32 "~'29 S. R. 27F-.. TRACT 5770 TRACT 5386 P~ A TRAcrsP4$ P/~ ! TRACT 556,3 OR¸ 7'.t~AC T 5.3d'6 TR,4CT 5386 R~C 19! TR. 5035 I0 AC SCHOOL O~T. 1-217 1--220 26. 95AC 5.69AC 2 ASSESSORS MAP NO.-.,5..~-,....'.-9-'L- COUNTY OF KERN EXHIBIT C NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR BRIMHALL ROAD WIDENING AND AWATER DRAINAGE BASIN To: Mr. Doug Snyder Land Services Pacific Gas & Electric Co. 1918 "H" Street Bakersfield, CA 93301 Re: Notice of Hearing regarding adoption of a Resolution of Necessity to acquire property for Brimhail Road widening and a water drainage basin over property located north of Brimhall Road, west of Coffee Road, Bakersfield, California (APNs 501-010-12 and 368-021-12) by Eminent Domain [California Code of Civil Procedure section 1245.235] Dear Mr. Snyder: 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 November 14, 2001 which, if adopted, will authorize the City to acquire property for the widening of Brimhall Road and for a water drainage basin on the property described herein, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain. 2. Notice of Your Right to Appear and Be Heard. Please take notice that the Bakersfield City Council, at a regular meeting to be held on Wednesday, November '14, 2001, 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 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 property for the widening of Brimhali Road and for a water drainage basin on your 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 to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the Proposed acquisitions; b. Whether the proposed acquisitions are planned or located in the manner that will be most compatible with the greatest public good and the least private 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; Page No. 2 d. Whether the offer required by Government Code section 7267.2(a), together with an accompanying statement and summary of the basis for the amount established as just compensation (or appraisal report(s)), was actually made to you and whether said offer was in a form and contained all of the factual information required by Government Code section 7267.2(a) (attached as Exhibit "C"); 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 15301; Existing Facilities; Class 1(c). A "Notice of Exemption" was filed September 21, 2001. The statute(s) which authorize the City of Bakersfield to acquire the property by eminent domain for this project include, but are not limited to, Code of Civil Procedure section 1240.010; and Article Ill, Section 12 of the Bakersfield City Charter. 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 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 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 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 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 Hght 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 to be heard, you will only be foreclosed from raising in a court of law the issues which are the subject of this noticed headng 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 Supedor Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and served on October 1~' , 2001. · Very truly yours, Deputy City Attorney MGA:Isc Attachments: Exhibit "A": Proposed Resolution of Necessity Exhibit "B": Offer Letter (which included complete copies of appraisal reports) Exhibit "C": Government Code section 7267.2(a) CC: Donald M. Anderson, Real Property Manager Pamela McCarthy, City Clerk Cesar Alegda, Esq. S:~it~=~ & E~Con~Not Hearing. RO N,wpd 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 NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR BRIMHALL ROAD WIDENING AND A WATER DRAINAGE BASIN BY EMINENT DOMAIN on the party(les) 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 below: Ao BY MAIL - I 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, 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 California Rules of Court, Rule 2008(e). BY PERSONAL SERVICE - I caused such envelope(s) to be delivered by hand to the office of the addressee(s). Type of Service Addressees A Mr, Doug Snyder Land Services Pacific Gas & Electric Co. 1918 "H" Street Bakersfield, CA 93301 A Cesar Alegria, Esq. PG&E P.O. Box 7442 San Francisco, CA 94120 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 October ,/~) ,2001 at Bakersfield, California. EXHIBIT D II. FINDINGS OF FACT The public good, interest, and necessity require the proposed project and the acquisition of the necessary property based on the following facts: The proposed project is to widen Brimhall Road between Windsong Street and Coffee Road and to construct, maintain and operate a water drainage basin north of Brimhall Road, west of Coffee Road in Bakersfield, California, for City residents and businesses in the northwest area of Bakersfield, and particularly to provide for increased vehicle traffic and safety along the Brimhall Road (west of Coffee Road)corridor. The present roadway surface narrows at this location and for an approximate 3/4 mile distance to the west to the detriment of public safety and reasonable, expected traffic flow. The new and widened road surface will be laid, constructed, maintained and repaired by the City of Bakersfield and will require additional property for this placement. The property necessary for the widened read will only require an approximate 20 foot wide area both on the north and south sides of Brimhall Road containing approximately 5,000 square feet of land on each side. The new regional water drainage basin will be located north of Brimhall Road, west of Coffee Road. The site will contain approximately 2.41 acres of land. Acquisition of the subject property as part of completion of the street widening project is necessary to provide expanded traffic service to residents of the City of Bakersfield and provide for the public safety and convenience by widening Brimhall Road at this location consistent with its width further west and east of this site. The condemnation of the subject property is necessary to allow widening of Brimhall Road at this location (as part of the entire road widening project) and construction of said water drainage basin. Construction of this project will enhance the existing and expected traffic flow along this corridor. Furthermore, public safety and convenience will also be enhanced by widening of this public thoroughfare and construction and maintenance of said basin. The plans, specifications and design providing for widening of Bdmhall Road and construction of the drainage basin are incorporated herein and made a part hereof. 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. -1- III. IV. Installation of the widened traffic lanes and drainage basin will require acquisition of only vacant property. The property to be acquired is vacant as utilized for a high voltage tower corridor and will continue as such for the foreseeable future. Construction, placement and maintenance of the widened roadway surface and the water drainage basin will not unduly interfere with present or anticipated activities thereon. At present, Brimhall Road narrows at this location and for an approximate 3/4 mile distance to the west on both the north and south sides of the street. (See attached Exhibits "B" incorporated herein.) Acquisition of an approximate 20 foot strip on the north and south sides of the street will be a minor alteration to an existing collector, and will increase traffic safety and flow. By Resolution dated October 18, 2001, the Bakersfield Planning Commission made a finding of consistency with the General Plan pursuant to Government Code section 65402 relative to acquisition of the subject property for road widening and a water drainage basin. 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 will allow completion of the widening of Brimhall Road to its existing and preferred width beth east and west of the subject property. The proposed alignments for this street widening and water drainage basin through the condemned property are sufficiently remote from existing electrical transmission facilities so as not to unduly interfere with same during either construction or subsequent necessary maintenance, alterations or repair to the roadway, its appurtenant facilities and the water drainage basin. Existing roadway surfaces fronting this property and for an approximate 3/4 mile distance to the west are unduly narrow which restricts traffic flow when compared to the roadway width further east and west of this location. Infill of this condition will serve the public benefit, convenience and safety. All information presented at the time of the hearing in support of the findings set forth in Sections I through III herein is incorporated by this reference. -2- V. The offer to the property owner as required by section 7267.2 of the Government Code has been made. This finding is based on the following facts: John W. Simmons, the City of Bakersfield's Real Property Agent, conveyed a written offer required under section 7267.2 of the Government Code to Pacific Gas & Electric Co. (c/o Doug Snyder, Land Agent), fee owner of the subject property. The offer was dated September 21, 2001 and was based upon an original and updated appraisal of the property by Bruce Beaudoin, MAI, as requested by the property owner. Copies of the appraisals were provided and are incorporated herein by reference. The property owner has rejected the offer given by the City. -3- BAKERSFIELD September 21, 2001 Mr. Doug Snyder, Land Services Pacific Gas & Electric Company 1918 "H" Street Bakersfield, CA 93301 RE: Drainage Basin Site & Brimhall Road Easement Dear Mr. Snyder, In response to past conversations with you, the CiW of Bakersfield has taken the opportunity to have the real estate apprisa[ dated 4/19/01 by Mr. Bruce Beaudoin, MAI, ( copy to you on 6/22/00) updated for the above referenced easements. The update was again performed by Mr. Bruce Beaudoin, MAI, and dated August 20, 2001 for the above referenced rights of way, ( copy forwarded to your office 9/20/01 ). Based on the updated appraised value and pursuant to Section 7267.2 of the California Government Code, City offers the updated value breakdowns for the right of way and recharge basin site as follows: Parcel #1 - Drainage Basin Site and Road Right of Way North of Brimhall Road - $47,006 Parcel # 2 - Road Right of Way for South side of Brimhall Road - $ 7,469 Total compensation is Fifty Four Thousand Four Hundred Seventy Five Dollars ($54,475). The City would very much appreciate your prompt attention to this project. If you prefer, City legal staffcan prepare the necessary agreements for the right of way, if your company prefers, we will be happy to review any document you might wish to use. It would be a great help if we could hear from you in the next ten days. Payment procedures will be initiated upon receipt by this office of the necessary right of way documents signed and notarized. If you have any questions please feel free to call me at 661-326-3181. John Simmons Real Property Agent cc: Donald M. Anderson, Real Properly Manager Theodore D. Wright, Civil Engineer IV Alan Gennis, Esq. (with attachment) City of Bakersfield · Property Management Division · 1501 Truxtun Avenue Bakersfield · California · 93301 (661) 326-3061' Fax (661)324-7483 EXHIBIT" property@ci.bakersfield.ca.us 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 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 of the fair market value of real property to be acquired pdor to the date of valuation caused by the public 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 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. 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. 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 NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR BRIMHALL ROAD WIDENING AND A WATER DRAINAGE BASIN BY EMINENT DOMAIN on the party(les)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 below: BY MAIL - I 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, 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 California Rules of Court, Rule 2008(e). BY PERSONAL SERVICE - I caused such envelope(s) to be delivered by hand to the office of the addressee(s). Type of Service Addressees A Mr. Doug Snyder Land Services Pacific Gas & Electdc Co. 1918 "H" Street Bakersfield, CA 93301 A Cesar Alegria, Esq. PG&E P.O. Box 7442 San Francisco, CA 94120 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 October/9 , 2001 at Bakersfield, California. LINDA COHEN EXHIBIT D II. FINDINGS OF FACT The public good, interest, and necessity require the proposed project and the acquisition of the necessary property based on the following facts: The proposed project is to widen Brimhall Road between Windsong Street and Coffee Road and to construct, maintain and operate a water drainage basin north of Brimhall Road, west of Coffee Road in Bakersfield, California, for City residents and businesses in the northwest area of Bakersfield, and particularly to provide for increased vehicle traffic and safety along the Brimhall Road (west of Coffee Road) corridor. The present roadway surface narrows at this location and for an approximate 3/4 mile distance to the west to the detriment of public safety and reasonable, expected traffic flow. The new and widened road surface will be laid, constructed, maintained and repaired by the City of Bakersfield and will require additional property for this placement. The property necessary for the widened road will only require an approximate 20 foot wide area both on the north and south sides of Brimhall Road containing approximately 5,000 square feet of land on each side. The new regional water drainage basin will be located north of Brimhall Road, west of Coffee Road. The site will contain approximately 2.41 acres of land. Acquisition of the subject property as part of completion of the street widening project is necessary to provide expanded traffic service to residents of the City of Bakersfield and provide for the public safety and convenience by widening Brimhall Road at this location consistent with its width further west and east of this site. The condemnation of the subject property is necessary to allow widening of Brimhall Road at this location (as part of the entire road widening project) and construction of said water drainage basin. Construction of this project will enhance the existing and expected traffic flow along this corridor. Furthermore, public safety and convenience will also be enhanced by widening of this public thoroughfare and construction and maintenance of said basin. The plans, specifications and design providing for widening of Brimhall Road and construction of the drainage basin are incorporated herein and made a part hereof. 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. -1- III. IV. Installation of the widened traffic lanes and drainage basin will require acquisition of only vacant property. The property to be acquired is vacant as utilized for a high voltage tower corridor and will continue as such for the foreseeable future. Construction, placement and maintenance of the widened roadway surface and the water drainage basin will not unduly interfere with present or anticipated activities thereon. At present, Brimhall Road narrows at this location and foran approximate 3/4 mile distance to the west on both the north and south sides of the street. (See attached Exhibits "B" incorporated herein.) Acquisition of an approximate 20 foot strip on the north and south sides of the street will be a minor alteration to an existing collector, and will increase traffic safety and flow. By Resolution dated October 18, 2001, the Bakersfield Planning Commission made a finding of consistency with the General Plan pursuant to Government Code section 65402 relative to acquisition of the subject property for road widening and a water drainage basin. 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 will allow completion of the widening of Brimhall Road to its existing and preferred width both east and west of the subject property. The proposed alignments for this street widening and water drainage basin through the condemned property are sufficiently remote from existing electrical transmission facilities so as not to unduly interfere with same d uring either construction or subsequent necessary maintenance, alterations or repair to the roadway, its appurtenant facilities and the water drainage basin. Existing roadway surfaces fronting this property and for an approximate 3/4 mile distance to the west are unduly narrow which restricts traffic flow when compared to the roadway width further east and west of this location. Infill of this condition will serve the public benefit, convenience and safety. All information presented at the time of the hearing in support of the findings set forth in Sections I through III herein is incorporated by this reference. -2- V. The offer to the property owner as required by section 7267.2 of the Government Code has been made. This finding is based on the following facts: John W. Simmons, the City of Bakersfield's Real Property Agent, conveyed a written offer required under section 7267.2 of the Government Code to Pacific Gas & Electric Co. (c/o Doug Snyder, Land Agent), fee owner of the subject property. The offer was dated September 21, 2001 and was based upon an original and updated appraisal of the property by Bruce Beaudoin, MAI, as requested by the property owner. Copies of the appraisals were provided and are incorporated herein by reference. The property owner has rejected the offer given by the City. -3-