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;
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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
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ROBERTA GAFFORD, C941t
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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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.
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ROBERTA GAFFORD
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ORIGINAL.
EXHIBIT 1
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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.
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ORIGINAL
EXHIBIT 2
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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
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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
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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:
SAPublic Works %ED.Devin%CHPeitelOfferTHLLC.doex
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City of Bakersfield
APPRAISAL SUMMARY STATEMENT
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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
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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
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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
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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
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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.
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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
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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.
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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:
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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
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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
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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
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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
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... 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.
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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
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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
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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.
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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
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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.
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