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HomeMy WebLinkAboutRES NO 054-13RESOLUTION NO. 054-13 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, the development of land generally located west of State Route 99 and south of Taft Highway requires connection to the City's sewer system, and to promote the public welfare and safety and provide the necessary infrastructure for anticipated increased density and development in this growing area of the City, including this development, the Developer (Edward I. Lee) seeks to construct necessary improvements to the City's sewer pipeline for that connection (the "Project "); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that a portion of real property generally located west of State Route 99 and north of Taft Highway, commonly described as APN 514 - 060 -10 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, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the 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 heard and considered 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 Administrative Report, which is hereby made a part of this Resolution, as follows: The City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; S: \COUNCIL \Resos\ 12- 13 \RON.CH Psite.TaftHwyLLC.docx -- Page 1 of 3 Pages -- ,bP,K4 o sh m v� ORIGINAL. (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 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 necessary 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. 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $3,000.00, 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. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Cpuny� W1ihe City of Bakersfield at a regular meeting thereof held on MMAA11 , by the following vote: AYE ' COUNCILMEMBER [VACANT], MAXWYLL.WEIR SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED MAY 15 2013 By HARVEY L. HALL, Mayor/ APPROVED AS TO FORM: f VIR GIN I ENNAR , City Attorney By ANDREW HEGLU D Deputy City Attorney S: \COU NCI L \Resos\ 12 -13\ RON.0 H Psite.TaftHwyLLC. docx ROBERTA GAFFORD, C941t CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 3 Pages -- o��AKF9� r v o ORIGINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 0!5L4- I , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on May 15, 2013. AH:Isc S: \COUNCIL \Resos\ 12 -13 \RO N.0 H Psite.TaftHwyLLC.docx -- Page 3 of 3 Pages -- (-6z� 2.14,1 ROBERTA GAFFORD AK�9 F— m v O ORIGINAL. EXHIBIT 1 o``gAKF9p �- m U p ORIGINAL An area of land being a portion of Lot 30 of Kern County Sales Map -No. 1 of. Lands of J.B.. Raggin,. located in Section 36, Township 30 South, Range 27 East, M.D.M. in the unincorporated area bf Kern County, California said area also being a portion of Lot 1 of Lot Line Adjustment No. 120 -05, Document No. 0206302742, record of said county and more particularly described as follows: The north 20 feet of said Lot 1 and the south 20 feet of the north 40 feet of the west 35 feet of said Lot 1. Containing 7307 square feet, more or less. Affects Assessor's Parcel Number 514 - 060 -10. KF9N f- m U ORIGiNA( I i I i i l , , I , WI. I� , f-- I �IU �l , I z O r� T C) V l • � ' n c i I --WW 'ON Yn t m 3Nn NOU33s-ain RUM - HIHON I 1 �i1 r U• � ORIGINAL — NIDIJd Vr d0 MWI d0 VON q q 9s dM 83'i�dS ALNrW NLr:M � 09 1 I = = r a �O d'MH IW3 �O .0 � KWON- ---------- ----�� --WW 'ON Yn t m 3Nn NOU33s-ain RUM - HIHON I 1 �i1 r U• � ORIGINAL EXHIBIT 2 AKF9N U r- O ORIGINAL CITY ATTORNEY VIRGINIA GENNARO DEPUTY CITY ATTORNEY Joshua FL Rudnick Andrew Haglund ASSOCIATE ATTORNEY Richard Igor Thomas Geddes CITY OF BAKERSFIELD OMCE OMIE CITYATTORNEY 1600 TRUXTUN AVENUE MURTHFLOOR BAKEMM D, CA 93301 TELEPHONE: 661- 326-3721 FAMEW LE: 661 -852 -2020 March 25, 2013 Taft Hwy, LLC 13702 Table Rock Avenue Bakersfield, CA 93314 Attention: Munn Chau, Agent Re: Easement Necessary for Construction of Sewer Pipeline APN 514- 060 -10 (Partial Acquisition) Offer of Just Compensation: $3,000 Dear Mr. Chau: The City of Bakersfield ( "City ") is working with Edward I. Lee to construct a sewer pipeline to connect land generally located west of State Route 99 and south of Taff Highway to the City's sewer system (the "Project "). Part of the Project requires an easement across a small portion of your property that is adjacent to the Project (the "Easement "). Specifically, the Easement is required on approximately 7,307 square feet of your property (see attached diagram). Pursuant to Section 7267.2 of the California Government Code, City hereby offers to purchase the Easement for $3,000 in total just compensation, which represents the full amount believed by City to be just compensation for your property as determined by Randy K. Merriman, MAI, SRA with Merriman Hurst & Associates, an independent real estate appraisal firm. The determination of just compensation for the Easement 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 February 18, 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 the sewer pipeline. 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 Easement by an independent appraiser licensed by the Office of Real Estate � �AKFq 0 m v r- ORIGINAI -� Taff Hwy, LLC Offer to Purchase Letter March 25, 2013 Page 2 Appraisers, should you wish to obtain one. To be reimbursed, you must demonstrate that your appraisal was completed, and provide the City with an invoice for the appraisal. 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. V my yours, e ANDREW HEGLUND D Deputy City Attorney Telephone: (661) 326 -3686 Fax: (661) 852 -2020 Email: ahealund@bakersfieldcity.us AH:Isc 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: SAPublic Works %ED.Devin%CHPeitelOfferTHLLC.doex 46AKF9 ►�.— m � O 01:iJrJh1 A I City of Bakersfield APPRAISAL SUMMARY STATEMENT S9293DJ2=1 -\, -./ This doc—>tt combing persow Wmu tion and Puauaac to civil code 17911.21, it " be bit c nt;d in order to protect againd unauthorized FK11_1 I 1 of 7 Owner: Taft Highway LLC Date Acquired: N/A Property Address: N. of Taft Highway Locale: Kern Co., Adjacent to Bakersfield limits Total Property Area: 7.02 Acres Property to be acquired: Part ® All ❑ Including Access Rights Yes ❑ 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 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 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, 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 1263.320 as defined above. Interest valued. Date of inspection: February 18, 2013 Original Updated ❑ Date of valuation: February 18, 2013 Original Updated ❑ Applicable zoning: A-1, Limited Agriculture. Zoning Change to E(1) and E(1/4) in suspense. General Plan designation is Highway Commercial and Suburban Residential. Area to be acquired: 7,307 SF Highest and best use: Hold for future development. Current use: Interim agricultural use 6AKF,9 s11 � r U O ORIGINAL City of Bakersfield EXHIBIT APPRALSAL SUMmARY STATFIAE1vT (Cont) Sub-parcel Area Easement Acqusition 7,307 SF Total Area = 7,307 SF Item N/A Lump Sum Total = $2,923 EXHIBIT gAKF9 s� � r U O ORIGINAL 1 City of Bakersfield APPRAISAL SUMMARY STATEMENT (Cont.) P 3 of 7 Value of the Entire Property $ 612,000 Value of the property being acquired including the following improvements: Land: $ 2 923 Imps: $ $ 2,923 Value of the remainder as part of the whole before the acquisition $ 609,077 Value of the remainder as a separate parcel (cured) $ 609,077 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 •�;ntUl,"! -0074-M.-M112 o 00 00 $ 00 $ 00 $ 00 $ 00 2,923 Rounded To $ 3,000 N/A o� 6 AKF9� _ m U p ORIGINAL. APPRAISAL SUMMARY STATEMENT (Cont.) EXHIBIT (Form #) P 4of7 Item N/A Lump Sum Total $00 INCURABLE DAMAGES Lump Sum Total $00 TOMLL DAMAGES $00 (Narrative Explanation, & calculations, if applicable) Lump Sum Total $00 NET DAMAGES (Total Damages less Benefits) $00 Size APPRAISAL SUMMARY STATEMENT (Cont.) (Form #) P 5 of 7 1. N/A 2. 3. 4. 5. 6. 7. 8. 9. 10. o�gAKF9� U ORIGYNA City of Bakersfield EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) Page 6 of 7 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 612,000 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 $ Depreciation from all causes $ ( ) Value of Improvements in Place $ Land (estimated by direct sales comparison) $ Indicated value by Cost Approach $ N/A 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 $ N/A 4. Other Indicated value $ N/A &ki-, s 01, : ' Mss - z Comparable land sales were analyzed in deriving a per square foot unit value for the fee simple interest in the subject site. The unit value was applied to the land area described as the "take" and a percentage was applied for the property rights acquired. o��AKF (PI � m r V O ORIGINAL City of Bakersfield EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) (Form #) EM 7 of 7 ADDRESS: W. Line of Trask Street, E. of I-5 and S. of Stockdale Hwy, Kern Co. APN: 160-190 -04 and -16 SALE DATE: February 15, 2011 SALE PRICE: $315,000 ADDRESS: N. of Hosking Road, W. of Highway 99, Bakersfield APN: 515-020-35 and -37 at time of sale SALE DATE: December 29, 2011 SALE PRICE: $1,360,000 ADDRESS: NEC of Hageman Road and Wegis Ave., Kern Co. APN: 462-150-11 SALE DATE: May 14, 2012 SALE PRICE: $850,000 ADDRESS: 8025 S. Union Ave., Bakersfield APN: 516-020-15 SALE DATE: November 7, 2012 SALE PRICE: $300,000 ADDRESS: APN: SALE DATE: PENDING SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: s F- m r U C7 ORIGINAI i City of Bakersfield SUMMARY OF SEVERANCE DAMAGES AND BENEFI'T'S A. Value of the whole before acquisition• $612,000 Land $612,000 Improvements $ B. Value of the part acquired as part of the -whole: $ Land, including easements acquired $2,923 Improvements $ G Value of the remainder as-01 Lrt of the whole: (Una A less Una B) $609,077 Land, including areas encumbered by easements acquired $609,077 Improvements $ D. Value of the remainder after the acquisition and before consideration of benefits; $609,077 Land, including areas encumbered by easements acquired $609,077 Improvements $ E. Severance Damages (Una C less Una D) $ N/A Land $ Improvements $ F. Value of the remainder after the acquisition and after considering benefits: $609,077 Land, Including areas encumbered by easements acquired $609,077 Improvements $ G. Benefits: (Una F less Una D) $ N/A Land $ Improvements $ Net Damages or Net Benefits (difference between Unes E & G) $ 00 AKF9q t- m U ORIGINAL. City of Bakersfield CERTIFICATE OF APPRAISER DInWCT FA AR Na I nerevy c,erajy. 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 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 property for a city sewer line easement. That such appraisal has been made in conformity with the appropriate State laws, 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 non compensable under the established law of said State. That neither my employee 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 of the City of Bakersfield and I will not do so until so authorized by the 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 as shown by summary included in this report and made a part hereof by reference, as of the 18`s day of February, 2013, is $3,000; and that such conclusion was derived without collusion, coercion or direction as to value. c Rand Y Me , MAI, SRA Cert. A=809 March 12, 2013 p� �A�F9 f- n Fn CR/GIN,4 / / t a + � project KF9cn a ^� ORIGINAL � 4 II�ITROD�TCrION This. booklet war ProP� ice' ym as al m an who may be abed by a proposed public Proms If it is ynnr property that is involved,. you, may -have. wandered what will heppat. Who wilt cwt yd FIow match will you. be paid. for your prapetty"1 ww'rill PINY Your 'roving oosb? VVm they help you find 'a w pax lv? m gnestionm h'kw . these aPadfic ansaross. We hope thu booklet wrll. answer some of ym qwitions and pneint a barber Pictm of our overall .Prnsaahu+es. This was writbeo by the Glifmk Aepcmmm t of 11tansportetia® and . modified to =Red flat the City of B old (City) u the lead. agency of the Westide PlItMProject As such, the City will be. the pnmic. agency iespo nible for the acgsoisition of the Propatties M=mq A* duo project. a paM. gpmq have the to bray my property? Our.S>afie and federal co eati recognize the now for public agencies to pnudw private ProP.eltY for public Use, and prwAds WrWdo aft=* to adoo WH* this pugm. Stare snd Metal and the Unif m Rel mfr Assistace and Real Property Acquisition ActJ119horme *0 pine ofPr*te property £or,.public use. and 1 a air fnp.ptoiection oftlre righbof awed cit�a4. The 'biiit3► fa edidyitig dt0a foc a traortpocgntion poject.tub with a team of Wacaaily trained individuals seemed to do tilt job. Many Ke m poliminery study and in to =midet pow"bie kmxdcrm . for a Carasideocation of the en9hom omw elements &.4o" effect see: as mu& a pstt:of- location derecmlin�ioin .adod saost. p by private dtia= and patine agepssim . a ve sum o � � p l vM bc ren. he Y lac On Paro� an opportunity to sewn their view an the ceuddeted. Tim Califo<niw D tine�t ofTrsbnspcm _'_ is compoeed ofIMI0y specialist. Among tbeae are: nd fly mine how we wish to navel and where we desire to V. Thu hwhWee studies of wds mg tr c per; "origin- destinaion" s t rveys sand war benefits. Debersaine whether the PmPosed project location is econmmically sound. They research and udyn tine ae6ecasproduced by umn'lw pr+ojeet „per other emmmides. Evaliuete the effect of the proposed Project on social and msntw mental factors. Advance P Prodia tho u Port n mccb.of the fW mss based upon avagAle sudstim Par i o� eAK,,9�T v r" ORIGINAL 0 1 . + Repommend the ,type of tranatpoctatioa p m*ct which will be of the most bane& to the public. TheY pie design plans and determine which properties will be needed for the per. Make early studies of the nneeds of the p mom who well have to be relocated and the kind of replecmtrmrt &UMS which WM be required: A data W replacement housing plan. will be before the Dqwunent requites anyone m mows. As a result of thin teem. WR4 tine bast pOmWe : : for a trarrsportatices facility is selected. 11W' particular low is selected aft thorough. social, economic, . & and aaviraomeutsl aoaiya* as well as da of mWessed public desires. They god is the public good an co d the least private hdM or inoonvadi=@ while rendering the beat Wfio WO.emim ®e? Appni:ftl' and pwdm of propatiea needed for thin aaosPociatian Escift is the res- P usity of flee; qtY Of Bid.. The City provides a.Relocation AmIance Program fiat. businesses and who mtut move beU a .of a prejm%.A Right of Way Agt fi m the City val. at You and SWe You. p mal inLomation about the project One of the Pmm YOU wfil meet ie .ao RVWM Collecting valamoa data in_ your nei,gbtiarboo& MW VPB'w Wiff mob= Ym. pimpertY and amine A of the. feadues which ooaCribute to ib. valet. In6omtretion about y�aa have made ad air odw special 5satraew that Ym believe aY afred.the vahre of your property should be given to the appraiser to a�r+e a fair valise n assigaedto your Pmp�Y It is die duty of.the City air MM tbst: you receive the same poice which: you would receive.lf YOU told YOW ProPWtY pd Yin the open: The City c=W buy your props ty fw t1ian it'* woeth, bert it can and wiill acute you that yrm do cot Lave to :aeU yOW pro mty for less ticau:its Ak n>tdoet value If the peopeity is an owner -occu pied rasidvndmI property corlWnWSno. mos±e them iiom residee>biai units, .C'ht?aitia law provift that the owner, upon repelt, nisy e�riew: a smpy of &S- 011PER Md"rich the oft is bated: What ""Mimeo. Iff tie M yw pinsperty.ta so qty'! A real estate purchase. by lire City is haladlod in: the same way as eery privme sale -of property. However, throe can be ftmdd ad m*w in selling to the City. The :City will pay fir market m&n far ym praperty. The City abo will pay for toe pr op of: all documents, all title and aeraw foes, a policy of We ice, recording fees and such 6Rrer.few as may be required for the =my== of title to the City ofBmkmfid& Since this s'- -a direct oorivegance of real propatty ftm tine propmty ownst to the City, thane: are no real come Co ens hmlvod, and the City will not recognize or pay any such rail c=oca dmiom Page 2 s � r V d ORIGINAL ... err+. A.pdvaae ale will usually oat around $14,00O.for sues vgwum There Ko no seller's e1, cpacra1 in a sala>tio the . .may:.... Y. YOU mY be di&b for reloc ation.payno to and bmaSta when yohh moves (Thus l o&ft in des rRW in supplemeotl booklet which will be provided to you.) WM I be paid far Ian in vdW N my r=Wmbg property? WhM colt' a part Of.you r PMpetty is needed, every reasonsble effort is made to ausure that you do iiot suffer a financial Iola. Tlis total paymmg by. #its City will be for the property the City pmr and far my loss in value to your remaining property: The: deheaari ion of any Ioaa in value is an aMprWW PWWM involving varisbin is which a WW 010lonstion might not adequately coverall situdiam Should this- situadou be involved, the City WIN0219118 will tally mplain the elyect of a pact pu rclaw en your nmainiag property. May I mills 80d Move my fie; bsuhsesa badidtag; Weehimy; er eq t? The :npraeotuive who Las been . m bey .YM PropedY will h* you to deteamiuAe .Wim c.Y= rah or.sliaild nwn yw:bmw,.tio anotho kw&ico, if ft. is whet yon wish. If yanr hcaue is m able and you with to make such an ar t,: the City will pay yon on the basin Of the merkot value ofyourpseaent lot ineludiog iaodsc g, On the mesonable, :oat of moving the building.._ There are-cases, bawuse of -age, sine or ocndition ofthe lows, when ibe ooat.of u>woving it would exceed ib pieaeim masks value lass its salvage VabL In such a Cate, payment of n v*g cat wmU of counts be an unwiw aoq>eacliquL If ym Mpode'a businesk ym mY wish to keep and move fined towhine`y and equipment. Additiomliy, ea owner of a bmium coodeoled . on the property to be entitled be to aompeuhaation for the loas of goodwill. If any of fleas concepts are Wplimble to Your sib they will be fully =*md by the right of ways agent"signed. % putohne your property. WE I bave three to select atoM r cease new the City m n its pwdMe? The .City spats. to appraise .properties eadY enough so that you will have ample time m move l pe!ojeca cons4votion. Igoe any other nal estate tansaction, it requires a month or two to c OWM Aft a ri* of way, okM and deed have been dzwd. You will not be required to MM UMM.Mmaible repisceoent housing is avanshhL If you -don't want to 'buy snottier home right away, ym nriy sell to the City and rant bsctc teaspatarBY- It is in your bew- interest; how w,:to look flora new phm in which to live as soon .as - Pwoble; Finding a home early, that best suit your needs. Ih ph e you an required to moan Win p�p .pmsond . n, c nvm enco and you will avoid having to make a choice of �'ounB undeg pressore when you are required to moron If you wiai4 the QY anal. at:no cat tp you, Powfide you with amistance in findin a near place in which to lift The City will 91" you at leant 90 days notice in writing betre, asking you to mote. Page 3 _ m ry O ORIGINAL Wiest happens to dw ba as my prapwW Aflar you and the City have agreed Was a price,. a City repra will Contact all other p 6 iin intet+est m de property.. Payment to sad* oubrbmding loans or lime MR be mode dauqft a we.co nM escrow u in any other real estaa won. Whit wla iappen io my GI w Cal -Vat boa? Tile Vasa A ANN inigtcatian and the Calif ma Department of Vaterm A allow your vebetan . loan pi to be howkn vd and to become available for coverage on aaatber Proved Y Your right of way rtiaive will ageia you;. however, it is to your bena6t and it is your t+erpoou'bihty to check wide the Vatenaa Administration of the Ebrlifomia Department of Vatecatu Atiairs for primal . If ere vWw of my prg wq R ' toft ring wbw I pardmed it, do I b we to pay bieoere taz Mn We dWkvm who I comes to the State? Ong to the �atatod Reva= Service, the gala of property to a.Bavbrnmaaml agency far p� PmPO names' under the din of an mvohmigry oouversion . In these cages, 'it is not nwamy to pay income tint or capital galas tag if the money you receive is used to 'buy a Wmilw:pt+ope:ty within a limited pariod:of time. in @vary cgg% homevef, yon d=M check v th your loallnteraal Revenue Service :ot M RM:I tae tie amble tas bane I aces im .ender t#re Pnwider of Propedden 13? Section of Arlible XMA of the .Cdibmia Ca na and Section 68, We 462.5 of the Rev_ _and Tsaation. Coda.,anacally proovide that ptopatiy tag relief shall be granted b. arq►.ral plopaty owner, rvba aoquirns cable neplaoamept prop�y a bey by ca<arniae4t do®sin pfoceediw You wi11 _be glum a copy.. of Rule 462.5 with an attacked .Pape showing wampW of how to cmkw Of the NX relief you may be eligible for. There we only apptaaimatKM YOU muds@@ yew C=*.Tsx A==w fora tenet dell - ldaation. NNm Revue sad Tuation Code Section 68, Rule 462.5, 4.1 though GA, set forth time limit tpt may:afi'ect your ftU ty to retain your favorable c u ma real propefty tea staprs. T MCws rw ofardMt ch=ild when P 1 d Pmparty u required for public ptuposes, the owner and the City cannot agme cn the tame: of seta Our swag hope is to avoid a procee ft in doamin with the acliod time, co®oata and Cat to everyone. >a gees where negotiations reached on it and:posseWas ofd pwPerty is required in order to allow the Project proceed: bo capon, t>ye- City :mat retcct m ft U of rim doMEW prooesg. AbM 20 pa wat of tie Dbpartment's crle sdW& require agciaM. darnsin poceediW with the runi dw being settled negotiations. Page 4 Oc��AKF9�, r U Q ORIGINAL. I' 'Now, An OwaWs UOU aK SxmWdWd by die faimd and Aws .� md mm. no ptiooipd rigbt.hs that jail co®paasmonmamt.be.paid. Whmh thme are hWh afim:dhat on the -Pumhm of• your p opedy moot be he dm4 die. City will .innate Me City COademOatlOQ plOC+00diagp. dffwlU requen rdbaft ftm they Council to. file 8 ooadOflnDttiOn notion." You will be givm an opport mity to appear before the City C umn at a public hexing. to pubic W000 A Plivift aad ldcafihh trtquite the proposed proact Md. Ym. ppx The City Camcil does not .hear re�rdimlgvaluatiaa Cathdemaetion wit doammft will be p spared. by the City and filed with KamCounly 3upedw Court. Summons and coaoplahrt will *W be sarr+ed on all pa� having a property inomat in die The PaMM carved md.nower within 30 days. Couasd Ear the p�rt�ies will then prepare for trial, and do court will act does for prelfinimy mod=-=d the trill. mailt happen IN a eeadaseastloe tiialT 1_"1Wptupose of the tr d is to defmmine the amomt of etioa. Umm the trial, is 000dncbd bafbre a ,judge aril jury. Both the .pr+opaty owner and the City will hwe the oppoetumtf► to present evideom of vshhe. 7u jmy. will datarmine the =mad of cormpmush� SAW b ft-in ed as to-the IsW by the judge..In those. cr where dhe.pwdo choose not io have a,rytq.do will decide the slmeount ofcorhtpmsstaa 11WJudVDWisdWnffl0FNP by cow sal ad signed by the judge. It will sbte Chet, upon deposit of die amount of :the verdict with die oourt for the bwafit of the pr+opetty owner, title will be tnmaifet ad to public owner. When the City mebea the deposit as required by dhe pW mwt, tha f ud ader: of coodemnaHa® is WpWbyto*paWrmm.k&7W8is*owtWunnArofiddL Wbe pays die ap-m mnadoa UM cub? Titre Oily pays tits Copts of its dbmoy nod. its a ghscaft sod sppt" wh m m R will also pay the,;iucy fees sad cbrttia of your oosb winch -we & mbW by law to be alibmisble. cab. The five for filing your ansarec with the cow is as ask of such cods. if :, id P-heels that the .City's offer of s was ale and ft demand .of the ley' awm wu ressooble viewed in light of the varft the p mparty owner may receive li>btgetion pmm "The judgmumt is then prepamd by coo" sad signed by fire judge, If I want a trW, cart I lave n samq asst a=part wlbaes ? Most P DPKY owners will be - reprmamed by sn su may, although they have the H& to represent he=els pwS >- m F- r � O ORIGINAL Yoa may �vLh tie. aoddt YCw lisbily. attorney: Wyaw do wt have ow, in many coma u the popes.of tae idapho®e directory wilt you ro. attotneY.refi 9=0 Service. You and ynnr attomey mtut decide what type of case-you wo pre ant and whet witnesses WM be neam WM l be pfd mW mwbg aapmrsm at' a" other reloeadw ndd a bait am dwoo I A deeidon to Bn to coact has no effect on your right to moving . Payment of moVind .w maO sepadely fi+onn the eoadaaroation action. Yon wit!: be provided. detsils :of to .. .. Pareone, buaneesea, ice: or nonprofit orgd®a is Pm' S or wd mowing. to a new Ibcs Tbese =. es�leit+ed in..r u boo�et: PmPaam *00% busiaw and farmopemboes and we made avail" by the City. Seer lost -eao I bap my Thm uwshy depots an when cuosti oc" will baghL If the trial is conducted ba ee the peoparty ie needed £or .co�trvoticn, you may stay on the .property and rent fitmi the City. - _ I!'c an mod begin befM-dw trial, do City will seek a coact order for posseaion. MID court will ddmni a the propermnow t of money whin the City will be requhW.tp deposit with the Stare Treasurer as ,air for to pgrche Price of yonr Property. The watt msy then mot to the:C:ity w order for posseaion dbw*g. the City to we the ymparty tier conwoction Of. a The City will serve an PMM having the .property inta+eW in your property with the order for C maraliy, the law requires do owner be given 90 flays wtWe of rice City's h aWm to take befin dw Citymay Occupy your prupwty Sn MID the .000 of Only other Persons having a property interest, you may witlaksw an or Pay Of 6e aacirty deposit. If You do not mke a wiIld awal, .the City wdl Pay interoat an tae eventuil court award of corrA auatian fim the tune it occupied ynyr property mw rho dsfe of 4100-PAYMO to you. The cmment legd hate of inrer+est will be:pdd at the time of f md.satdonwat. The Cuy's we =Wpod 10 F=bM your FgWtY will mist you in rho transaction and will be happy m avower any addWwd gwsdooa you may have. Pegs 6 gAK�c9� v O ORIGINAL The language need in foletion to eminent domain ptoceedings may be new to you. These are son o terms you may hear and their general meaning. Acgads+e. • To pxchm . er ► OwnQr'8 wlitton reply, in appropriate 10881 f.x:m, Sled with the Ooud in r+e ponce to the complaint and as req=W by the saimnons. (MY - City ofHalcecafield Ca®pe�sntiW -The amiount of moray to which a. pwpmty owner is titled under the law for tha:pmdmee or damage to the p gmty. Co>teplaW - The document Sled with the cout by the 310 which initiates an mmimnt domain P6• Ceude�aHon - The legal process by which a.proceeding in eminent domain.is a000asplished. Cs3�sal .'An ano tm or attorneys. 3a�et:t 1pamI - The right of VVMWAd to pMd= private propmty for public usa PLaI irdec- certde■sasdiost -The instnavo which, whin recorded, haONfd® title to public Jet -The court': Sormd decision based on amicable law and.the vWdict. LAW of gaedwE - A tow in the value of a bruinass cased.by the City's acquisition of property that cannot be fly pnvanted by rek action of the business, or the owner adopft prudent or reasonable steps that preserve do vdw of the business goodwill. MWket value - The fair marloet Mdw of the property to m is the highest price on the dote of vduxd n dui would .be agreed : to by a :seller, being wiHing to WA but under no pwdcnita or urgent necaasity for so doing, nor obtiged'to sA and.a buyer,. being - ready, grilling, and "to buy .brat under .no particular neoesaity for so doin& each :deding with the other with W bd*lo* of all the uses ad pxposes for which the property is ressooably adgftbkr and available. Parcel - Usually means the property that is being acWhW Pte- The public agency that desires to.pruchaae the property. Faiiasfoa Legal control; to have the sight to use. PIG"ly - The right or which an ind�al.hw in land, including the rights to use or poaesis: Property is owa+esw* the exclusive ri& to um possess or dispose of a thing. Pop ORIGINAL p Maht st a*► -An 'between an owmr and the Bute which :allow: the State to utdin . the p Warty ;while 000dw*g to mpdw the terms of settlement. bturask calculated at dw cut tlgd rabe,. is included in he mdlotmnt Won.coockdo6 omm traassetim State - 110-Bute of cwffunda Soft throqblho Dqurtmod of Traoepottsiion. Sun - Nom of fibs of a kwm* id emiuent:d=Wn ad of the mmdty to file as aosw o or odwr.r gams ve pimdb* Trig! IU besting of the facts Roam plaidff and ddmdmt. in court, either with or without a jmp- Vardkt- The amot of co to be paid 'for die pmporty. STATE OF CALMORNIA BUSIIMK TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF RIGHT OF WAY AUGUST I CITY OF. FIIMCE DEPARTMENT ADBE STRATIVE SERVICES PROPERTY MANAGEMENT MAY 2003 Yids Haan hdbunational pamphlet only. It is not intended to give a complete stdmug of all state or hdmml Owe and re oletioes pertsft to the pie of your p W rly for a poldic use, the F d F, I ti . almistome Fmgram,'technical legal definitions, or aay foam of l%d advice. PAGE 8 o``gAKF9� �-- m v p ORIGINAL AKF9� �- rn U � 4 m X w -NIFIDMH VP-40 9GW dO L'ON MVS AO.W 098 HMN- --WM 'ON vn r T r r v AK6 m r a ffiIBIT "A" Page 1 of 2 An area of land being a portion of Lot 30 of Kern County Sales Map No. 1 of-Lands of J.B.. Haggin,- located in Section 36, Township 30 South, Range 27• East, M.D.M. in the unincorporated area of Kern County, California said area also being a portion of Lot 1 of Lot Line Adjustment No. 120 -05, Document No. 0206302742, record of said county and more particularly described as follows: The north 20 feet of said Lot 1-and the south 20 feet of the north 40 feet of the west 35 feet of said Lot 1. Containing 7307 square feet, more or less. Affects Assessor's Parcel Number 514 - 060 -10. o``gAKF9� � m U F.g ORIGINAL