Loading...
HomeMy WebLinkAboutRES NO 129-11RESOLUTION NO. 1 2 9 41 1 CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution and Code of Civil Procedure Section 1240.010 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, in order to improve traffic capacity and circulation in the area in and around State Route 99 and Hosking Road, and to promote the public welfare and safety, the City of Bakersfield intends to develop and construct an interchange at Hosking Road and State Route 99 (the "Project"); and WHEREAS, the public interest and necessity require that a portion of real property immediately adjacent to State Route 99, commonly described as 8601 S. H. Street, Bakersfield, California (APN: 514-030-11-00-7), and more particularly described as Exhibit "I " attached hereto and incorporated herein by reference (the "Property") be acquired for the project; and WHEREAS, the City of Bakersfield has provided to all record owners of the real property with notice and opportunity to appear and be heard on the matters referred to in California Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council did hear and consider all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this Resolution, as follows: 1. The City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; S:\Lltigatlon\HoskingsRdlnterchonge\RON - Hosking,doc Page 1 of 2 Pages (c) The property sought to be acquired is necessary for the Project; and (d) The offer required by Government Code Section 7267.2, a copy of which is attached hereto as Exhibit '2", and incorporated herein by reference, has been made to the property owner or owners of record. 2. The city attorney is hereby authorized and directed to commence and maintain a proceeding in and for the City of Bakersfield to acquire for the City of Bakersfield the fee simple interest in the Property. 3. The city attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in these proceedings; and 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $10,000.00, the warrant to be made payable to the State Treasury Condemnation Fund and delivered to the city attorney to be deposited with the payee as a security for the Order for Possession Before Judgment authorized; and WHEREFORE, the following Resolution was passed and adopted this 14th day of December, 2011, at Bakersfield, California, by a two-thirds vote of the City Council of the City of Bake %ield:., / ✓ ✓ ✓ COUNCILMEMEBER: SPAL.AS, BENHAM, WER COUCH, HA"ISON, SULL.IVAN, JOHNSON YES: COUNCILMEMEBER: NOES: COUNCILMEMEBER: ABSTAIN: COUNCILMEMEBER: ABSENT: HARVEY L. HALL, MAYOR ATTEST: DEC 14 2011 ~9~ 2~~ Roberta Gafford, City rk AS TO FORM: ANDREW HEGLUND, Ass*jate City Attorney S;\Litigation\HoskingsRdinterchange\RON - Hosking,doc Page 2 of 2 Pages State Route 99 Interchange at Hosking Road 514-030-11 THAT PORTION OF LOT 15 AS SHOWN ON KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, OF TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE N 89009'24" W, A DISTANCE OF 1,170.23 FEET ON AND ALONG THE SOUTH LINE OF SAID LOT 15, TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROUTE 99, AS CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 16, 1960 IN BOOK 3249, PAGE 76 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE N 11 °31'03" W, A DISTANCE OF 3.77 FEET ON AND ALONG SAID EAST RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; THENCE (1) N 1103 1'03" W, ON AND ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 672.77 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE (2) S 89009'24" E, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 62.95 FEET; THENCE (3) S 06°11'20" E, A DISTANCE OF 662.16 FEET, TO THE TRUE POINT OF BEGINNING. TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF STATE ROUTE 99 OVER AND ACROSS COURSE 3. AREA: 0.475 ACRES MORE OR LESS MOM cnrn. EXHIBIT" O C M O (,Z£'£69'Z 3„8b,9£.OON) v -0 £b9'2 3„bb,9£.OON a N ,99'099 Y fi f Sao 8 CL z z La -9 ow in W V \ cr Q F M U1 Q 1111 o< c P= s Mw O¢ Wp Z =totNOUi t~+0 C. O J OfN ,~F K _ ~Z N ZY V JV _m W to Hr Z{WZy~ VQ 0 V OWN ~i0 Om ~JO ' O I _j CV 0 c" Wt~ F^O tv C90 V1 aQ r~ S p<V 00 a' 'alto NV V < • vV1N wa O yQfQ,~ N O a zz ! QO M V Z aC N OWN Z A N W o. Y I v g p N N ►n z Z=^i j u a cv $i Q Y p a ,n v o r~i O cz3Mm O Z N I am N; 3 M uv Mix rl eTN•yp _ OiQ O %01Wm w I Om'~ O <QJ LA `V Q' tA W n C6 N! C7 N N z O 4 ! In L 0 Q J ; z Z ~ Z. Q J i < M J i W F 1 _ N N W ~ r W W {Q{i N N L N V7 t0 O m I CID N Vf %0 St E RIUU 9 9 _ . _ V V V V V V V V V Z ~ Z O{Q{QppmNtflNNIrf M_ ~V yf t.77 7NNN 4 W rtD~000~tO~ff ~ r iQ W ccuiw NC ozz W1 F ~ IJ~ ► - s WWW ~r M O I I O y u u Wig 1 pg !"~OZ C d a. N 7 s I f- ~ W ' 00 /1 r ¢ae 0 cc cc a: p j0 Z ~w w y m-j 21' ~ZZ 10/10 < C 9LDOWWWIII JJ u J * K w- < ~ w i1 N rI-ra W OO O - W 4 1 Q N Z < y. GO m O O S V ~ ? O N r O ~ V - -0 r m Q 9z 4 %A o•~ 9 r 'J F W Z N ON y O H O < Hd 08 W ie :I- N LLJ 19 Ix Lis U ~m a W < a 0 0O H r W V z a m I Z ` J W Z J F N a W W S r N Q 3 M 4 O 1 L S 4z J 00 MW a ci 2 t • 8i~3 W v O F L N L&. Or L z Zcr m ` f ++--O m< M W F W N tM 2 QW m N QtA HO V ER b ' Q yr~ e~ ~ ~ n r N ai 9311 * December 6, 2010 Guru Nanak Mission Sikh Center 8601 South H Street Bakersfield, CA 93307 Re: PUBLIC WORKS - Future Hosking199 Interchange - Offer to Purchase Real Property- Guru Nanak Mission Sikh Center- APN 514 - 030 -11 Dear Gentlemen: The Bakersfield City Council has authorized negotiations to purchase a portion of your property, located at 8601 South H Streets for the future Hosking/99 interchange. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Ten Thousand Dollars ($10,000) as total just compensation for the acquisition of the portion of your property needed for the project. Attached for your information is: the Certificate of Appraiser (Exhibit A); Appraiser's Summary of the Basis for the Appraisal (Exhibit B); definitions of "Just Compensation" and "Farr Market Value" (Exhibit "C); and a legal description and plat of the area to be acquired (Exhibit D). The above offer represents the full amount believed by the City to be just compensation for your property as determined by MB Appraisal, Inc. an independent real estate appraisal firm. The City's determination of just compensation for the real property to be acquired is based upon an inspection of the property, sales of comparable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair market value of the property prior to the appraisal of this property caused by the City's interest in the property. Also, the above offer does not include relocation assistance to which you . may be entitled. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions: City of Bakersfield - Property Management Division - 1600 Truxtun Avenue Bakersfield - California - 93301 (661) 326-3061 - Fax (661) 852-2042 EXHIBIT" 21" property0bakersfielcicityu s Guru Nanak Mission Sikh Center December 6, 2010 Page 2 of 2 a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser is licensed with the Office of Real Estate Appraisers (OREA); c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City along with copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser. The costs must be reasonable and justifiable. The City's offer is subject to: approval by the Bakersfield City Council; availability of funding for this acquisition; an environmental review and your ability to deliver unencumbered title. The City will pay normal closing costs, i.e. escrow fee and title insurance. You will be responsible for the costs of delivering unencumbered title, i.e. taxes, demands by lien holders. Please contact me at your earliest convenience to discuss the City's offer. I may be reached by telephone at (661) 326-3061 or by email at danderso@bakersfieldcitv.us Si cer , Wald M. Anderson eai Property Manager DMA/s Enclosures: Summary of Just Compensation Certificate of Appraiser Just Compensation/ Fair Market Value Definitions Plat & Legal Description of property to be acquired cc: Nick Fidler, Civil Engineer City of Bakersfield - Property Management Division - 1600 Truxtun Avenue Bakersfield - California • 93301 (661) 326-3061 -Fax(661)852-2042 property(ftakersfieldcityus CITY OF BMMRSF= CONMEN IAL EXHIBIT B nt Pe' eoant 8-EX-I5A (REV 4/2002 APPRAISAL SUMMARY STATEMENT intarmThu nion aand °"m potent to to civil ) (Fo m Code 1798.21, it shit be lxpt confidential Page I of 9 in order to protoct c=airn wiwtitorind Owner. Guru Nanak Mission Sikh Center Property Address: 6601 South H Street Locale: Bakerdeld, California Total Property Area: 16.31 acres Date Acquired: May 30, 2003 Property to be acquired: OAS acres (20,917 sq.ft.) along the wee property line Part ® All ❑ Including Access Rights Yea ® No ❑ The market value for the property to be acquired by the City of Bakersfield is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Code of CMI Procedure Section 1263.320 defines Fair Market Value as follows: a) The fair market value of the property taken Is the highest price on the date of valuation that would be agreed to be a seller, being wiling to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property Is reasonably adaptable and available. b) The fair market value of property taken for which two Is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Recent sales of comparable properties and Income data are utilized as appropriate. Full consideration Is given to zoning, development potential and the Income the property Is capable of producing. EXIIIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-ISA (REV 4/2002) (Fam Page 2 of 9 Value of the Entire Property $ 326,000 Value of the property being acquired Including the following improvements: Land: $ 10,000 (Rounded) Imps: $ $ _ 10,000 (Rounded) Value of the remainder as part of the whole before the Qty's acquisition $ 317,000 (Rounded) Value of the remainder as a separate parcel (cured) Severance Damages: Coat to Cure Damages: $ 317,000 (Rounded) $ 0 $ 0 Total Damages: Benefits: $ 0 $ 0 The amount of any other compensation: JUST COMPENSATION FOR ACQUISITION $ 0 $ 10,000 Rounded To $ 10,000 Construction Contract Work NIA EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002) (Form s) Page 3 of 9 OMIC PROPERTY DATA Interest valued: Fee Simple Date of valuation: November 3, 2010 Applicable zoning: R-1 Area to be acquired: 0.48 acres (20,917 sq.ft.) Highest and beat use: Single Family Residential development consistent with zoning upon demand. Current use: Vacant land zoned for residential development. EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002) (Forme) Page 4 of 9 THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY THE FOLLOWING INFORMATION 18 BASED ON THE ENTIRE SUBJECT PARCEL ❑ 1. The Sales Comparison approach is based on the consideration of comparable land and Improved sales. Indicated value by Sales Comparison Approach $ 10,000 See attached sheet for principal transadlons. 2. The cost approach is based in part on a replacement cost new of Improvements less depredation. Cost information was obtained from cost service publications and/or knowledgeable vendors. Total Replacement Coat New $ Depredation from all causes $ Value of Improvements In Place $ Land (estimated by direct sales comparison) Indicated value by Cost Approach 3. The income approach is based on an analysis of income and expenses to the property. Overall Capitalization Rate Net Operating Income Indicated value by Income Approach 96 EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002) (F-#) Page 5 of 9 SUMMARY OF RECORDED DATA Date Instrument Sale Recorded Rook/Paw Grantor Granfae Location A 12131/07 07-253770 Casa Azul Land KRP Panama, LLC Panama Ln., west of Stine Rd. (SW) 8 04/10/08 08-055518 Bakersfield Innovations Mesa Merin, LLC Kem Canyon Rd. (NE) C 08/28/08 08-101506 Ennis Homes, Inc. VIC-NIC VI, LLC SEC BerkshiralStine (SW) NEC Panama/Old River (SW) D 06/18/08 W-097087 KB Home Sacramento. Inc. 85 Harvest Moon, LLC SWO Hwy. 178/Alfred Harrell (NE) E 07/0701 08-106358 Bakersfield Panorama, LP BHT - Bakeretieid MH, LLC NWC McCutctren/Progress (SW) F 04/13/09 09-051818 DOA Properties V, LLC Stine Road Properties, LLC SWC Berke IraMne (SW) G 08/10/09 09483908 Cornedca Bank Hai 8 Won Chen Panorama Dr., west of Morning Dr. (NE) H 01/20/10 10-007558 Westemedca Bank Haroon 8 Sophia Hanaseb Hwy. 178, east of Miramonts Dr. (NE) I 04/30/10 10-056309 Wachovis Bank Vander Weerd Investments SWC Paladin Dr. Momi Dr. NE SUMMARY OF PHYSICAL CHARACTERISTICS Cash Equiv. Size PdW PH" Lots/ Sale Deed Dab Assessor's Parcel Number Sales PrWe Acre Acre Lob Lot Aare Zonin A 1228107 538-010-05 $2,000,000 56.84 ,186 230 $8,898 4.05 R-1 B 04103108 533-012-36 $900,000 40.24 $22,366 172 $5,233 4.27 R-1 C 08/11/08 515-040.01, 497-010-05 $1,457,500 57.84 $25,199 236 $6,176 4.08 R-1 D 08/13!08 367-180-33 $765,000 19.91 $38,423 85 $9,000 4.27 R-1 E 07/01/08 540-010-20,21,22.24 $548,000 30.00 $18,267 137 $4,000 4.57 R-1 F 0410701 538-020-05 $1,100,000 72.41 $15,191 308 $3,571 4.25 R-1 G 06104/09 437-010-36,59,63,65,68,71 $650,000 46.38 $14,015 192 $3,385 4.14 R-1 H 01/11/10 386-050409, 367-020-18 $1,100,000 92.90 $11,841 364 $3,022 3.92 R-1 I 0427/10 437-010-43 1,100 000 78.87 $13,9471 281 $3.915 3.56 R-1 Avere 55.041 - 1- $19,4201 223 798 EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-I SA (REV 4/2002) (Form Page 6 of 9 Sub-qunutl Area N/A Total Area = N/A Item N/A Sits Lump Sum Total = $ NIA EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-ISA (REV 4/2002) (Foam Page 7 of 9 COST TO CURE DAMAGE ITEMS Item Size WA Lump Sum Total = $ WA EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-I5A (REV 4!2002) (Form N) Page 8 of 9 NIA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Exhibit "C" JUST COMPENSATION DEFINITION Just compensation for property acquired by Eminent Domain generally means the fair market value of the property to be acquired plus any severance damage or injury to the remainder property. Severance damage generally means the diminution of the fair market value of the (severance) and/or the construction of the project improvement in the manner proposed. FAIR MARKET VALUE DEFINITION Fair market value defined by the Code of Civil Procedure, Part 3, Title 7 (Eminent Domain Law), Chapter 9 (Compensation), Article 4 (Measure of Compensation for Property Taken), Paragraph 1263.320 is as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. EXHIBIT 'D' State Route 99 Interchange at Hosking Road 514-030-11 THAT PORTION OF LOT 15 AS SHOWN ON KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, OF TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE N 89009'24" W, A DISTANCE OF 1,170.23 FEET ON AND ALONG THE SOUTH LINE OF SAID LOT 15, TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROUTE 99, AS CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 16, 1960 IN BOOK 3249, PAGE 76 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE N 11031'03" W, A DISTANCE OF 3.77 FEET ON AND ALONG SAID EAST RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; THENCE (1) N 11°31'03" W, ON AND ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 672.77 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE (2) S 89°09'24" E, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 62.95 FEET; THENCE (3) S 06011'20" E, A DISTANCE OF 662.16 FEET, TO THE TRUE POINT OF BEGINNING. TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF STATE ROUTE 99 OVER AND ACROSS COURSE 3. AREA: 0.475 ACRES MORE OR LESS r F. Ru,~r4r wMan 41L ew 3-31-11 / Page 1 of I ~yatiS m REG /5 rn n < m sr N i b v nn`' r _1 gl * a33N~' o= Nm &Ns ov ms zN (A wf O, 07 am -1 i 1TL ` v, m cz s c~ W v+ m~ F :D--l z N or H R • mw 001 • + ~a v C =a ;1 0 OY N s N s m m a N 1 r m o - m F a r Z m N a ~~N vv m~ m i 0~ a o, -C Al A N mm 4A C ~ , N z P,rn p om it N A ~ C4 -I O n NCY Na m n c o ~ ~ > p Z i m , *r N -4 ~ O I D 030 I ~ mmrA+,aas~~~ A - mrnmcYCYCY s f Sm~m~m~iA'S* ~rs-rs-rs 30 ► AmAND>D rn m;; y m m m N ,n Amyy m o C iIF } LA A V~O,r000lA O,v NOLnm ~ WWUS Y,o lAw l7SO O ssssassas CYC,AAnnnnn a n m gmr,ill H 11 j ~ Z N r C m 0 r m N N O v s c 'M r 1 m s m A N i '30 'S r C,N! ^1 CO NO+ poN a i N 111 t N m rn cm I _ m O ,N N m o 1 rn I s r w s 'Z r D Z Z =e I a r A Pr LA a V, (JI tO. VC2 Z I N Q i N r O C rni, A A Ln r m ~LVila ~ CY (-^I i;, OZ I • COY ) Ln L2 m = O ; -4 10 m o N O' s1" O r n7r xr o ry W g N - (AN-40 N N s s 0W ~ corm: b A >Z,9 OC'f No ; O~ n, a . ~yj N 4A L tOm-I rVm k" L-ti cow Q r jZ NCO rf z 70 ai- A. - n• rZ 0. s .o ff ao O ~+i CP M mw o s N w j o isi+ m s i+ , ~ N w Aim O W N O z z -40 y~ Q 1 N 66° l s . . _:.~6:.~_ 1 A N00.3 6'44"E 2 .643` N (N00.36'48"E 2.643.32') k W R I'i1= I ~ i i i i I I I i I - ~I I I I ~ I I dpi I ~ I I II I II I I I l jl '1 I 1 I RD I 1, I I )PAR M IF-A i j - _ - I SCALE_ _NONE 1 ~ II 1 I jI ~ I l 11 I I I I I I I i 1 I !I ~ 1 I II 1 ~1 )PACK 0-10 1 i 1 1 I ~I 1 ~ I ice II - ----I ~~~L1 1 1 II * ~ I ~ II 1 I 11 ~ '1 ~i~RG~C 7 i ~ !I 1 ~ 1 ~ I I 1 1 II 1 11 C(TY-OWNED I I 1 1 RICV-ff OF WAY j 1 O II ~ I 1 II 1 1 ~I 1 .1 I I I - 1---------------~ I 1 1 M~I~CGPL S I I .1 1 I I .1 •1 I I \ 1 1 it 1 I I 1 ~I 1 --------------II ~IZE ITT- I ~ II I ` 11 r-T R HOTS-99-Lots Drawn: S. LOWS T3K041 STATE ROUTE 90 AT HOWMW AVEI M A7ENCHANW Engineer: N. RDLER EXHIBI T 03-15-07 fPG1Ffl OF WArAG~OL~1TJdV Checked By. N. nDLER C ff OF BAKERSFeW, CAL ZC*WM PEAL= V#%X 9 CM04R7~VT /'1