HomeMy WebLinkAboutRES NO 042-1304- 13
RESOLUTION NO.
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 178 in northeast Bakersfield, and to promote the
public welfare and safety, the City of Bakersfield has required (Improvement
Agreement No. 12 -116) that Rio Bravo Improvement Group, LLC develop and
construct Morning Drive south of State Route 178 to College Avenue (the
"Project "); and
WHEREAS, the Project requires right -of -way, slope, and drainage
easements across a portion of property immediately adjacent to the Project
(the "Easements "); and
WHEREAS, the public interest and necessity require that the Easements,
commonly described as a portion of APN 435- 010 -12 in Bakersfield, California,
and more particularly described in Exhibit "1" attached hereto and
incorporated herein by reference (the "Property "), be acquired for the Project;
and
WHEREAS, the City of Bakersfield has provided the record owner of the
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: OAKF,9
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SA C0UNCIL\ Resos\ 12- 13 \RON.MorningDr.Rashik.docx
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ORIGINAL
(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;
(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 required 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 $1,000.00, the warrant to be made
payable to the State Treasury Condemnation Fund and delivered to
the City Attorney to be deposited with the payee as a security for
the Order for Possession Before Judgment authorized.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the CouncilA$ h @ty of Bakersfield at a regular meeting thereof held on
R , by the following vote:
%/ ✓ If ./ ✓ ✓
AYE/ COUNCILMEMBER [VACANT], MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
ES: COUNCILMEMBER l\
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED
AM
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APR 17 2013
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor y
By
ANDREW HEGLUN
Deputy City Attorney
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CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No. d 2 "/' , passed and adopted by jhe City
Council of the City of Bakersfield at a regular meeting held on the -/ day of
April, 2013.
ROBERTA GAFFORD, 0C
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ORIGINAL
Exhibit 1
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ORIGINAL
RMAD AND WAM AND DBAMM BAS BRNT
TWIT !PORTION OP Tai 3ABT 9ALP OP TU NORTH X30 PUT OP TU 800TUIST
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NAiUBP LD, COUNTY OF URN, STATS OP CALIPOQIA 118 =KRUp IN TAX DUD
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IN TU OPPICi OP Tu C00NTY MCORDiR OF BALD COUNTY NOM
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OP LRBT BALD LAND USTAN! THUi0N SOUTH 89•50•23v MR 64.32 PUT
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BAIT FOR WO AMID WK AND DRAWAGE
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ORIGINAL
Exhibit 2
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CITY ATTORNEY �!
VIRGINIA GENNARO
DEPUTY CITY ATTORNEY
Joshua H Rudnick
Andrew Heglund
ASSOCIATE ATTORNEY
Ricbard Igor
HUSSAIN RASHIK
P.O. Box 71101
Bakersfield, CA 93387 -1102
CITY OF BAKERSFIELD
OFFICE OFTIIE CITYATTORNEY
1600 TRUM UN AVENUE
FOURI'HFLOOR
HAKBRSFIEM, CA 93301
TELEPHONE: 661- 326 -3721
FAMEMIE .E: 661 -852 -2020
February 1, 2013
Easement Necessary for Construction of Morning Drive South of State Route 178
APN 435- 010 -12 (Partial Acquisition)
Offer of Just Compensation: $1,000
Dear Mr. Rashik or property representative:
The City of Bakersfield (City) is working with Rio Bravo Investment Group to construct
Morning Drive south of State Route 178 to College Avenue (the "Project"). Part of the Project
requires street, slope, and drainage easements across a small portion of your property that is
adjacent to the Project (the "Easements"). Specifically, the Easements are required on
approximately 8,363 square feet of your property (see attached diagram).
Pursuant to Section 7267.2 of the California Government Code, City hereby offers to
purchase the Easements for $1,000 in total just compensation, which represents the full amount
believed by City to be just compensation for your property as determined by Kyle K. Estle, MAI,
with Dallis Higdon and Associates, an independent real estate appraisal firm. The
determination of just compensation for the Easements is based upon an inspection of the
property, sales of comparable properties, and other factors that influence value as of the Date of
Valuation on January 11, 2013. City's offer is required by law to disregard any decrease or
increase in the fair market value of the property that is caused by City's interest in the property
to construct Morning Drive.
As required by California Code of Civil Procedure section 1263.025, the City of
Bakersfield will reimburse you up to $5,000 for the reasonable cost of an appraisal of the
Easements by an independent appraiser licensed by the Office of Real Estate Appraisers,
should you wish to obtain one. To get reimbursed, you must demonstrate that your appraisal
was completed, and provide the City with an invoice for the appraisal.
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ORIGINAL
Offer to Purchase Letter
Page 2
February 1, 2013
I have attached the following for your information: 1) Appraiser's Summary Statement;
2) Certificate of Appraiser, 3) Brochure entitled "Your Property Your Transportation Project"; and
4) Acquisition Map and Legal Description.
If possible, please sign and date this letter below and return a copy in the envelope
enclosed. We look forward to working with you in this matter. Please feel free to call me if you
have any questions. Thank you again for your consideration.
Very truly yours,
AAA
ANDREW HEGLUN
Deputy City Attorney
Telephone: (661) 326 -3686
Fax: (661) 852 -22020
Email: ahealund9bbakersfieldcitv.us
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Enclosures: 1. Appraisal Summary Statement
2. Certificate of Appraiser
3. Brochure — "Your Property Your Transportation Project"
4. Acquisition Map and Legal Description
Property Owner or owner representative acknowledges receiving offer to
purchase his property and the enclosures.
Date:
Signature:
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ORIGINAL
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPRAISAL SUMMARY STATEMENT
(Form #)
CONFIDENTIAL
This document contains personal mfot =on
and pursuant to Civil Code 1799.21, it shag
be kept confidential m order to protect
against unautbmized disclosure.
EXHIBIT B
8- EX -15A (REV 6/2010)
Page 1 of 7
Dist.
Co.
Rte.
P.M.
Parcel No.
Federal Aid Project No.
Date
435- 010 -12
01/11/2013
Owner. Hussain Rashik
Property Address: Morning Dr, South of Hwy 178
Locale: Bakersfield, California.
Total Property Area: 35,626 SgFt
BASIS OF VALUATION
Date Acquired: Proposed
Property to be acquired:
Part ® All ❑
Including Access Rights
Yes ❑ No
The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with accepted
appraisal principles and procedures.
Code of Civil 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 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 fall
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, comparable market is its value on the date of
valuation as determined by any method of valuation that is just and equitable.
Code of Civil Procedure Section 1263.321 defines Fair Market Value as follows:
A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant,
comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in
subdivision ® of Section 824 of Evidence Code.
The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section 1263.20 as defined
above.
BASIC PROPERTY DATA
Interest valued: Fee Simple
Date of inspection: January 11, 2013 Original ® Updated ❑
Date of valuation: January 11, 2013 Original ® Updated ❑
Applicable zoning: R -1, Single - Family Residential
Area to be acquired: 8,363 square feet of which 7,151 square feet are within existing Right -of -Way
Highest and best Use: Combine with surrounding mapped land for future residential development
Current use: Vacant
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 2 of 7
AREAS WITHIN THE RIGHT OF WAY
Sub - parcel Area
Total Area = 8,363 SgFt
EMPROVEMENTS WITHIN THE RIGHT OF WAY
Item Size
None
Lump Sum Total = $
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ORIGINAL
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #)
Page 3 of 7
Value of the Entire Property
Value of the property being acquired
including the following improvements:
Value of the remainder as part of the
whole before the City's acquisition
Land:
Imps:
Value of the remainder as a separate parcel (cured)
Severance Damages (see page 4):
Cost to Cure Damages:
Incurable Damages:
Total Damages:
Benefits (see page 4):
Net Damages:
The amount of any other compensation:
JUST COMPENSATION FOR ACQUISITION
Construction Contract Work
$ 9,900
$ 1,000
$ n/a
$ 1,000
$ 8,900
$ 8,900
$ n/a
$ n/a
$ 1,000
Rounded To $ 1.000
$ n/a
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 4 of 7
SEVERANCE DAMAGES
COST TO CURE DAMAGE MMS
Item
n/a
Lump Sum Total
INCURABLE DAMAGES
(Narrative Explanation & calculations, if applicable)
Lump Sum Total
TOTAL DAMAGES
BENEFITS
(Narrative Explanation, & calculations, if applicable)
Lump Sum Total
NET DAMAGES (Total Damages less Benefits)
Size
$
$ n/a
$ n/a
$ n/a
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 5 of 7
CONSTRUCTION CONTRACT WORK ITEMS
1. None
2.
3.
4.
5.
6.
7.
8.
9.
10.
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Fom #) Page 6 of 7
THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY
1. The Sales Comparison approach is based on the consideration of
comparable land and improved sales.
Indicated value by Sales Comparison Approach
$ 9,900
See attached sheet for principal transactions.
2. The cost approach is based in part on a replacement cost new of
improvements less depreciation. Cost information was obtained
from cost service publications and/or knowledgeable vendors.
Total Replacement Cost New
$ n/a
Depreciation 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
n/a %
Net Operating Income
$
Indicated value by Income Approach
$
4. Other
Indicated Value
$ n/a
SUMMARY OF THE BASIS FOR OF JUST COMPENSATION
Sales 5, 6, and 7 are the most comparable, overall, and range from $10,865 to $13,947 per acre. After analysis of the sales,
the subject is assigned a unit value of $12,000 per acre which indicates an overall value as follows:
0.82 Acres x $12,000 /Acre =
$9,900 (RND)
The property being taken is an 8,363 square foot (0.19 acre) strip along the front of the site that is rectangular in shape. As a
road, slope and drainage easement, the fee owner will effectively lose all utility of the land within the easement area. As
noted, however, 7,151 square feet (0.16 acres) of the easement area is located within an existing right -of -way. The utility of
this portion is already severely impeded. Therefore, the loss in value to the portion within the existing right -of -way is
estimated at 10 %. The value of the part acquired is as follows: A K
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ORIGINAL
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 7 of 7
Unencumbered Portion: 0.03 Acres X $12,000 /Acre = $360
Encumbered Portion: 0.16 Acres x $12,000 /Acre x 10% = 192
(RND) $1,000
LIST OF PRINCIPAL TRANSACTIONS - VACANT
Sales
Sale 1
Sale 2
Sale 3
Sale 4
]vocation
SEC Paladino &
morning
SWC Paladino &
Grand Canyon
SEC Paladin &
Grand Canyon
NWC Paladino &
Morin
Date ofSale
07/02/2012
06/28 /2012
04/10/2012
03/30/2011
Doc #
89652
82554
47114
41772
Sates Price
$505,000
$800,000
$406,000
$580,000
Site Size Acres '
56.56
79.86
76.3
148.53
PriPeTer-Acre.
$8,929
$10,018
$5,321
$3,905
Loca#ion
Sale 5
Sale 6
Sale 7
Location,
Panama, E. of
Union Ave
SWC Morning &
Paladin
Highway 178 &
Miramonte Dr
Date of Sale '
12/29/2010
04/30 /2010
01/15/2010
Doc #
181490
56309
6096
Sales Price
$525,000
$1,100,000
$1,100,000
Site Size Acres,
48.32
78.87
92.86
Price Per Acre
$10,865
$13,947
$11,846
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ORIGINAL
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
SUMMARY STATEMENT RELATING TO PURCHASE OF
EXHIBIT B
8 -EX -16 (REV 2/2007)
REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)
The California Department of Transportation is proposing to improve the Highway 178/Morm N Drive interchange.
Your property located along Morning Drive south of Highway 178 is within the project area, and is also identified by your county
assessor as Parcel No. 435- 010 -12.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation
Assistance and Real Property Acquisition Guidelines requires that each owner from whom the Department of Transportation
purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary
of the appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore
waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property
taxes which are allocable to any period subsequent to the passage of title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which is/(are) owned by
you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this
transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other
disposition of these improvements has been made. The interest acquired is a fee simple interest. The property being
purchased comprises 8,363 square feet and is outlined in color on the attached map.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the
attached Appraisal Summary Statement and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased;
b. Is not less than the approved appraisal of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of
valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the
property would be acquired for such public improvement, other than that due to physical deterioration within the
reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which
the owner is entitled to receive under an agreement with the Department of Transportation.
5. Pursuant to Civil Code of Procedure Section 1263.025 should you elect to obtain an independent appraisal, the Department
will pay for the actual reasonable costs up to $5,000 subject to the following conditions;
a. You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with
the selected appraiser, the Department will not be a party to the contract;
b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA).
c. Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation,
Division of Right of Way, Attention: , 855 M Street, Suite 200, Fresno, California, 93721, within 90 days of the earliest
of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon
which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the
contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the
Department of Transportation concurrent with submission of the appraisal cost reimbursement request. The costs must be
reasonable and justifiable.
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ORIGINAL
STATE OF CALIFORNIA • DEPARTN&NT OF TRANSPORTATION EXHIBIT B
SUMMARY STATEMENT RELATING TO PURCHASE OF 8 -EX -16 (REV 2/2007)
REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be
affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is
contingent upon the ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the
Code of Civil Procedure.
7. If you ultimately elect to reject the State's offer for your property, you are entitled to have the amount of compensation
determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your
interest in the real property sought to be acquired by the Department of Transportation as set out in Streets and Highway
Code Sections 104.2 and 104.12
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ORIGINAL
CERTIFICATE OF APPRAISER
I Hereby Certify:
That I have personally inspected the property herein appraised and that the property owner has been
afforded an opportunity to be present at the time of the inspection. A personal field inspection of
the comparable sales relied upon in making said appraisal has also been made. The subject and the
comparable sales relied upon in making said appraisal were as represented by the photographs
contained in said appraisal.
That to the best of my knowledge and belief, the statements contained in the appraisal herein set
forth are true, and the information upon which the opinions expressed therein are based is correct,
subject to limiting conditions therein set forth.
That I understand that such appraisal is to be used in connection with the acquisition of right of way
for street, drainage, and slope purposes.
That such appraisal has been made in conformity with the appropriate State and Federal laws,
including laws regarding the use of eminent domain, Title VI of the 1964 Civil Rights Act, and
regulations, policies and procedures applicable to appraisal of right of way for such purposes; and
that to the best of my knowledge no portion of the value assigned to such property consists of items
which are noncompensable under the established law of said State.
That neither my employment nor my compensation for making this appraisal and report are in any
way contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such property or
in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper
officials and I will not do so until so authorized by City officials, or until I am required to do so by
due process of law, or until I am released from this obligation by having publicly testified as to
such findings.
That my opinion of the total fair market value included in this report and made a part hereof by
reference, as of the 11th day of January 2013 is $1,000; and that such conclusion was derived
without collusion, coercion or direction as to value.
Dated: 01/15/2013 (Signature of Appraiser) Z Z95=!�2
(Name printed) Kyle Ir Estle, MAI
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ORIGINAL
Your. property
Your
tranmnortation
project
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ORIGINAL
INTRODUCTION
This booklet was prepared for you as a person who may be affected by a proposed public
tcartsportation project. If it is your property that is involved, you may have wondered what will
happen. Who will contact you? How much will you be paid for your property? Who will pay
your moving costs? Will the City help you find a new place to live? Important questions like
these require specific answers.
We hope this booklet will answer some of your questions and present a better picture of our
overall procedures. This brochure was written by the California Department of Transportation
and modified to reflect that the City of Bakersfield (City) is the lead agency of the Westside
Parkway Project. As such, the City will be the public agency responsible for the acquisition of
the properties necessary for this project.
Why does a public agency have the right to buy my property?
Our State and federal constitutions recognize the need for public agencies to purchase private
property for public use, and provide appropriate safeguards to accomplish this purpose. State and
federal constitutions and the Uniform Relocation Assistance and Real Property Acquisition
Policies Act authorize the purchase of private property for public use and assure full protection
of the rights of each citizen. The responsibility for studying potential sites for a transportation
project rests with a team of specially trained individuals selected to do this important job. Many
months are spent in preliminary study and investigation to consider possible locations for a
project.
Consideration of the environmental elements and social effect are as much a part of location
determination as engineering and cost. Participation by private citizens and public agencies is
actively sought so that various views can be considered in the study process. The process
includes public hearings which give persons an opportunity to express their views on the
locations being considered.
The California Department of Transportation is composed of many specialists. Among these are:
statisticians
Determine how we wish to travel and where we desire to go. This includes studies of existing
traffic patterns, " origin - destination" surveys and user benefits.
Economists
Determine whether the proposed project location is economically sound. They research and
analyze the effects produced by similar projects upon other communities.
Environment
Evaluate the effect of the proposed project on social and environmental factors. Advance
planners predict the transportation needs of the future based upon available statistics.
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Dedgn engineers
Recommend the type of -won project which will be of the most benefit to the public.
They prepare design plans and on
which properties will be needed for the project.
Rdo cation sp ddbts
Make early studies of the needs of the persons who will have to be relocated and the kind of
replacement housing which will be required. A detailed replacement housing plan will be
completed before the Department requires anyone to move.
As a result of this team effort, the best possible location for a transportation facility is selected.
The particular location is selected after thorough social, economic, engineering, and
environmental analysis, as well as consideration of expressed public desires. The goal is the
greatest public good and the least private injury or inconvenience while rendering the best
possible service.
Who will contact me?
Appraisal and purchase of properties needed for this transportation facility is the responsibility of
the City of Bakersfield. The City provides a Relocation Assistance Program for businesses and
persons who must move because of a project. A Right of Way Agent from the City will assist
you and give you general information about the project.
One of the first persons you will meet is an appraiser collecting valuation data in your
neighborhood. The appraiser will analyze your property and examine all of the features which
contribute to its value. Information about improvements you have made and any other special
features that you believe may affect the value of your property should be given to the appraiser
to ensure a fair value is assigned to your property.
It is the duty of the City to ensure that you receive the same price which you would receive if
you sold your property privately in the open market. The City minot buy your property for more
than it is worth, but it can and will assure you that you do not have to sell your property for less
than its fair market value. If the property is an owner - occupied residential property containing no
more than four residential units, California law provides that the owner, upon request, may
review a copy of the appraisal upon which the offer is based.
What advantage Is there in selling your property to the City?
A real estate purchase by the City is handled in the same way as any private sal"f property.
However, there can be financial advantages in selling to the City.
The City will pay fair market value for your property. The City also will pay for the preparation
of all documents, all title and escrow fees, a policy of title insurance, recording fees and such
other fees as may be required for the conveyance of title to the City of Bakersfield. Since this is a
direct conveyance of real property from the .property owner to the City, there are no real estate
commissions involved, and the City will not recognize or pay any such real estate commissions.
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A private sale will usually cost around $14,000 for sales expenses. There are no seller's expenses
in a sale to the City.
Additionally, you may be eligible for relocation payments and benefits when you move. (These
benefits are described in supplemental booklets which will be provided to you.)
WM I be paid for loss in value to my remaining property?
When only a part of your property is needed, every reasonable effort is made to ensure that you
do not suffer a financial loss. The total payment by the City will be for the property the City
purchases and for any loss in value to your remaining property.
The determination of any loss in value is an appraisal problem involving variables in which a
brief explanation might not adequately cover all situations. Should this situation be involved, the
City representative will fully explain the effect of a part purchase on your remaining property.
May I retain and move my home; business building; machinery; or equipment?
The representative who has been assigned to buy your property will help you to determine
whether you can or should move your house to another location, if this is what you wish. If your
house is movable and you wish to make such an arrangement, the City will pay you on the basis
of the market value of your present lot including landscaping, plus the reasonable cost of moving
the building There are .cases, because of age, size or condition of the house, where the cost of
moving it would exceed its present market value less its salvage value. In such a case, payment
of moving cost would of course be an unwise expenditure.
If you operate a business, you may wish to keep and move fixed machinery and equipment.
Additionally, as owner of a business conducted on the property to be purchased, you may be
entitled to compensation for the loss of goodwill.
If any of these concepts are applicable to your situation, they will be fully explained by the right
of way agent assigned to purchase your property.
Will I have time to select another home after the City makes Its purchase?
The City starts to appraise properties early enough so that you will have ample time to move
prior to project construction. Like any other real estate transaction, it requires a month or two to
close escrow after a right of way :contract and deed have been signed You will not be required to
move until reasonable replacement housing is available.
If you don't want to buy another home right away, you may sell to the City and rent back
temporarily. It is in your best interest, however, to look for a new place in which to live as soon
as possible. Finding a home early, that best suits your needs, before you are required to move
will minimize your. personal inconvenience and
_ you will avoid having to make a choice of
Dousing under pressure when you are required to move.
If you wish, the City will, at no cost to you, provide you with assistance in finding a new place in
which to live. The City will give you at least 90 days notice in writing before asking you to
move.
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What happens to the ban on my Property?
After you and the City have agreed upon a price, a City representative will contact all other
parties having an interest in the property. Payment to satisfy outstanding loans or liens will be
made through a title company escrow as in any other real estate transaction.
What will happen to my GI or CaWet loan?
The Veterans Administration and the California Department of Veterans Affairs allow your
veteran loan privileges to be transferred and to become available for coverage on another
property-
Your right of way representative will assist you; however, it is to your benefit and it is your
responsibility to check with the Veterans Administration or the California Department of
Veterans Affairs for procedural instructions.
If the value of my property is higher today than when I purchased it, do I have to pay
Income tax on this difference when I convey to the State?
According to the Internal Revenue Service, the sale of property to a governmental agency for
public purposes comes under the definition of an "involuntary conversion ". In these cases, it is
not necessary to pay income tax or capital gains tax if the money you receive is used to buy a
similar property within a limited period of time. In every case, however, you should check with
your local Internal Revenue Service office.
Will I lose the favorable tax base I now have under the provisions of Proposition 13?
Section 2(d) of Article XIIIA of the California Constitution and Section 68, Rule 462.5 of the
Revenue and Taxation Code generally provide that property tax relief shall be granted to any real
property owner, who acquires comparable replacement property after having been displaced by
governmental acquisition or eminent domain proceedings.
You will be given a copy of Rule 462.5 with an attached page showing examples of how to
calculate estimates of the tax relief you may be eligible for. These are only approximations. You
must we your County Tax Assessor for a final determination.
Note: Revenue and Taxation Code Section 68, Rule 462.5, G.l through GA, set forth time limits
that may affect your eligibility to retain your favorable current real property tax status.
The City's right of eminent domain.
Sometimes, when private property is required for public purposes, the owner and the City cannot
agree on the terms of sale. Our earnest hope is to avoid a proceeding in eminent domain with the
added time, concern and cost to everyone. In cases where negotiations have reached an impasse
and possession of the property is .required in order to allow the project to proceed to construction,
the City must resort to the use of the eminent domain process. About 20 percent of the
Department's transactions statewide require eminent domain proceedings, with the remainder
being settled through negotiations.
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An owner's rights are Smanumud by the fa iad and Stole comet ndona and apjpNarbk State
km. The principal right is that just compensation must be paid. When there are indications that
agreement on the purchase of your property cannot be reached, the City will initiate
condeamation proceedings.
The City staff will request authority from the Bakersfield City Council to file a condemnation
action. You will be given an opportunity to appear before the City Council at a public hearing to
question whether public interest, necessity, planning and location require the proposed project
and your property. The City Council does not hear arguments regarding valuation.
Condemnation suit documents will be prepared by the City and filed with Kern -County Superior
Court. Summons and complaint will then be served on all persons having a property interest in
the parcel. The Persons served must answer within 30 days.
Counsel for the parties will then prepare for trial, and the court will set dates for preliminary
motions and the trial.
What happens in a condemnation trial?
The purpose of the trial is to determine the amount of compensation. Usually the trial is
conducted before a judge and jury. Both the property owner and the City will have the
opportunity to present evidence of value. The jury will determine the amount of compensation
after being instructed as to the law by the judge. In those cases where the parties choose not to
have a jury, the judge will decide the amount of compensation.
The judgment is thenprepared by counsel and signed by the judge. It will state that, upon deposit
of the amount of the verdict with the court for the benefit of the property owner, title will be
transferred to public ownership.
When the City makes the deposit as required by the judgment, the final order of condemnation is
signed by the judge and recorded This is the actual transfer of title.
Who pays the condemnation trial costs?
The City pays the costs of its attorney and its engineering and appraisal witnesses. It will also
Pay the jury fees and certain of your incidental costs which are determined by law to be
allowable costs. The fee for filing your answer with the court is an example of such costs.
If the judge feels that the City's offer of settlement was unreasonable. and the demand of the
property owner was reasonable viewed in light of the verdict, the property owner may receive
litigation expenses. The judgment is then prepared by counsel and signed by the judge.
If I want a trial, mast I have an attorney and expert witnesses?
Most property owners will be represented by an attorney, although they have the right to
represent themselves.
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You may wish to consult your fnnily attorney. If you do not have Dare, in many communities the
yellow pages of the telephone directory will refer you to an attorney reference service.
You and your attorney must decide what type of case you will present and what witnesses will be
needed.
Will I be paid any moving expenses or any other relocation assistance benefit even though I
go to court?
A decision to go to court has no effect on your right to moving expenses. Payment of moving
expenses is made separately from the condemnation action. You will be provided details of
additional assistance to help displaced persons, businesses, farms or nonprofit organizations in
finding, purchasing or renting, and moving to a new location. These are explained in various
booklets prepared for homeowners, tenants, business and farm operators and are made available
by the City.
How long can I keep my property?
This usually depends on when construction will begin. If the trial is conducted before the
property is needed for construction, you may stay on the property and rent from the City.
If construction must begin before the trial, the City will seek a court order for possession.
The court will determine the proper amount of money which the City will be required to deposit
with the State Treasurer as security for the purchase price of your property.
The court may then grant to the City an order for possession allowing the City to use the property
for construction of the project.
The City will serve all persons having the property interest in your property with the order for
possession.
Generally, the law requires the owner be given 90 days notice of the City's intention to take
possession before the City may occupy your property .
Subject to the rights of any other Persons having a property interest, you may withdraw all or
part of the security deposit. If you do not make a withdrawal, the City will pay interest on the
eventual court award of compensation from the time it occupied your property until the date of
final payment to you. The current legal rate of interest will be paid at the time of final settlement.
The City's representative assigned to purchase your property will assist you in the transaction
and will be happy to answer any additional questions you may have.
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DEFINITIONS
The language used in relation to eminent domain proceedings may be new to you. These are
some terms you may hear and their general meaning.
Acquire - To purchase.
Answer -The property owner's written reply, in appropriate legal form, filed with the court in
response to the complaint and as requested by the summons.
City -City of Bakersfield
Compensation - The amount of money to which a property owner is entitled under the law for
the purchase or damage to the property.
Complaint - The document filed with the court by the State which initiates an eminent domain
per&
Condemnation - The legal process by which a proceeding in eminent domain is accomplished
Counsel - An attorney or attorneys.
Eminent Domain - The right of government to purchase private property for public use.
Final order of condemnation - The instrument which, when recorded, transfers title to public
ownership.
Judgment - The court's formal decision based on applicable law and the verdict.
Lou of goodwill - A loss in the value of a business caused by the City's acquisition of property
that cannot be reasonably prevented by relocation of the business or the owner adopting prudent
or reasonable steps that preserve the value of the business goodwill.
Market value - 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.
Parcel - Usually means the property that is being acquired
Plaintiff - The public agency that desires to purchase the property.
Possession - Legal control; to have the right to use.
Property - The right or interest which an individual has in land, including the rights to use or
possess. Property is ownership, the exclusive right to use, possess or dispose of a thing.
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Riot of entry - An agreement between an owner and the State which allows the State to utilize
the property while continuing to negotiate the terms of settlement. Interest, calculated at the
current legal rate, is included in the settlement upon conclusion of the transaction.
State - The State of California acting through the Department of Transportation.
Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to file an
answer or other responsive pleading.
Tide - Legal ownership.
Trial - The hearing of the facts from plaintiff and defendant in court, either with or without a
jury.
Verdict - The amount of compensation to be paid for the property.
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATIQN
DMSION OF RIGHT OF WAY
AUGUST 1995
CITY OF BAKERSFIELD
FINANCE DEPARTMENT
ADMINSTRATIVE SERVICES
PROPERTY MANAGEMENT
MAY 2003
This is an informational pamphlet only. It is not intended to give a complete statement of all state
or federal laws and regulations pertaining to the purchase of your property for a public use, the
relocation assistance program, technical legal definitions, or any form of legal advice.
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Exhibit "A'
Page 1 of 1
E uum "A"
LEGAL DESCR�TION
a
ROAD AND W"S AND DRAMUN BA88WENP
THAT PORTION OF THE EAST HALF OF THE NORTH ;30 FEET OF THE SOUTURART
QOJWW OF THE SOUTHEAST QUUTER OF THE SOUTHEAST QUARTER OF SECTION 24,
TOMRIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO NERIDLAIN IN. THE CITY OS
BAEEASFIELD, COUNTY OF EERN, STATE OF CALIFORNIA AS DESCRIBED III TAX DEED
RECORDED AUGUST 13, 1991 AS INSTAUNENT N0. 0119116860 OF OFFICIAL
RBCORD8' IN THE OFFICE OF THE COUNTY RECORDER OF BUD OOONTY MORE
PARTICULARLY DESCRIBED AS rOLLONB:
CONNENCING AT THE 80UTHNABT CORNER OF SAID SECTION 24; THENCE ALONG THE
BAST LINE OF THE SOUTBEAST QWARTER OF SAID SECTION 24 NORTH 00'35'23'
BAST 531.99 FEET TO THE SOOTEEASTERLY CURNER OF THE LAND DESCRIBED IN
SAID TAX- DEED, SAID SOUTHR.ReTERLY cm q= BEING THE TRUE POINT OF
BEGIWING; THENCE
1, CONTINUING ALONG LAST SAID EAST LINE NORTH 00035.23' EAST 130.01
FEET TO TBE 1N7RTHEABTiRLY CORNBR OF LAST SAID LAND; 'PHENCE
2. LEAVING STAID EAST LINE AND.ALONG THE NORTRERLY LINE OF LAST SAID
LAND SOUTH 8930123' WwT 63.64 FEET; THENCE
3. LEAVING SAID NORTHERLY LINE SOUTH 02.28'1S' NEST 23.24 FEET;
THENCE
4. SOUTH 00'30'33" NEST 104.80 FIXT TO A POINT ON THE SOUTHERLY LINE'
OF LAST SAID.LAND DISTANT.TUREON SOUTH 89'50123m IW 64.32 FEET
MON THE TRUE POINT OF BEGINNING; THENCE
S. ALONG SAID SOUTHERLY LINE NORTH 89850'23' BUT 64.32 FEET TO THE
TRUE POINT OF BNGINNING.
CONTAINING 8,363 SQUARE FEET OR 0.19 ACRES, NORM OR LESS.
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