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HomeMy WebLinkAboutRES NO RA4-03In 4► RESOLUTION NO. R' A 4 A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 711 LAKE STREET IN BAKERSFIELD FOR A REDEVELOPMENT PROJECT (OLD TOWN KERN MIXED -USE PROJECT) ENABLING THE AGENCY TO CONDEMN THE SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS 1245.220 AND 1245.230. (WARD 2) WHEREAS, after notice and opportunity have been given to the property owner(s) at issue, the City Council of the City of Bakersfield, by vote of two- thirds or more of its members, hereby finds and determines as follows: 1. The Bakersfield Redevelopment Agency ( "Agency ") desires to initiate a redevelopment project to construct a mixed -use senior housing and commercial center between Lake and Kentucky Streets and King and Kern Streets (the "Project "); and 2. As currently planned, the Project would be constructed on City of Bakersfield owned property located within the boundaries of the Old Town Kern — Pioneer Redevelopment Project Area; and 3. The Economic and Community Development Department of the City of Bakersfield has prepared an Implementation Plan for the construction of the Project which was approved by the Agency on or about May 10, 1999; and 4. The Agency intends to enlarge the available senior housing units, commercial, public recreation and entertainment facilities by construction of this Project for public use, to carry out and make effective the principal purpose pursuant to Code Civ. Proc. Section 1240.120(a) and in connection therewith, acquire interest in certain real property; and 5. By its acquisition of the 711 Lake Street property ( "subject property"), the Agency shall give effect to its mandate to eliminate blight in the Plan area. The subject property has been determined to have at least one condition of physical blight and at least one condition of economic blight (May 10, 1999 Report to the City Council for the Old Town Kern — Pioneer Redevelopment Project); and 6. A legal description of the subject property is attached as Exhibit "A" and a general plat map and description of the subject property is attached as Exhibit "B ", attached hereto and incorporated herein by reference; and -- Page 1 of 4 Pages -- 0141 G ;NY AL M R HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Bakersfield Redevelopment Agency at a regular meeting thereof held on MAY 12 2003 , by the following vote: AYES: AGENCYMEMBER MISHOE, COHEN, DAVENPORT, MARTINEZ, PRINCE, RAPHAEL, SCHROEDER NOES: AGENCYMEMBER �.. ABSTAIN: AGENCYMEMBER ABSENT: AGENCYMEMBER SECRETARY of the Ba rs eld Redevelopment Agency APPROVED: MAY 12 2003 1'.. 6 THOMAS MISHOE CHAIRPERSON BAKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: BART J. THILTGEN GENERAL COUNSEL By: adl"'� MI19HAEL G. ALLFORD Deputy City Attorney AG ErvCY 001 G &NAB, m LEGAL DESCRIPTION OF 711 LAKE STREET: m The east 12.5 feet of Lot 10, all of Lot 9 and the west 7.08 feet of Lot 8, Block 57, in the City of Bakersfield, Kern County, California, APN 014 - 280 -20. AG ENCy dRl GrilVqL EXHIBIT " � m s C�l N Y ZS olva Y I h a J 8 u in rl- LO N I O V N O X J O m (�v0 N W V W o i co N It h 4 Q of of ti O O t o si — — h - - - --- Old O ° h s1 f? 1 OI oz oe h^ h NO H N ti OZ h m � O _I.00 o, %, `o 'a o, %, Y 1S d3xvg Y ON Of b J '� vW EXHIBIT 16 6 " a M L �z W OY zLL. CL N Z Ix D yO U U) W N F Eli 1- 1! :$a� F- AG EIVCY ORI GfiNAL n M NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD REDEVELOPMENT AGENCY TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN To: Mr. Khamphou Siripane 825 Chester Avenue Bakersfield, CA 93301 Re: Notice of Hearing regarding adoption of a Resolution of Necessity to acquire property located at 711 Lake Street, Bakersfield (APN 014 - 280 -20) by Eminent Domain [California Code of Civil Procedure section 1245.235] Dear Property Owner: 1. Notice of the Intent of the Bakersfield Redevelopment Agency to Adopt a Resolution of Necessity. The Bakersfield Redevelopment Agency ( "Agency ") intends to consider the adoption of a Resolution of Necessity on Monday, May 12, 2003 which, if adopted, will authorize the Agency to acquire the property described as 711 Lake Street, Bakersfield, Califomia 93301, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain for the Old Town Kern Mixed -use Redevelopment Project (senior housing and commercial development). 2. Notice of Your Right to Appear and Be Heard. Please take notice that the Bakersfield Redevelopment Agency, at a regular meeting to be held on Monday, May 12, 2003, at 4:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers at 1501 Truxtun Avenue, Bakersfield, California 93301, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have the right to appear and be heard before the Agency at the above - scheduled hearing on the following issues, and to have the Agency give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed acquisition; b. Whether the proposed acquisition is planned or located in the manner that will be most compatible with the greatest public good and the least public injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary to allow completion of the proposed project; d. Whether the offer required by Govt. Code § 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary (attached) were in a form and contained all of the factual information required bVCY Code § 7267.2(a) (attached); 001 GfiNA� EXHIBIT" C " 0 Page No. 2 n e. Whether the Agency has the statutory authority to acquire the property by eminent domain; f. Whether the Agency has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take ") to acquire the property described herein. The laws and regulations relating to the Califomia Environmental Quality Act (CEQA) and the City of Bakersfield CEQA implementation procedures have been duly followed by Agency staff and the Board of Zoning Adjustment. A Final Environmental Impact Report (FEIR) has been reviewed and certified by the Redevelopment Agency on June 16, 1999, with the adoption of Resolution No. RAM 15 -99 which analyzes and identifies the environmental impacts and mitigation for this project within the southeast redevelopment area. The Bakersfield City Council also certified the FEIR by adoption of Resolution No. 88 -99 on June 16, 1999 (joint meeting). The statute(s) which authorize the Agency to acquire the property by eminent domain for this project include, but are not limited to, California Health and Safety Code section 33391 and Government Code section 37350.5. Additional authority is set forth in the proposed Resolution of Necessity attached hereto. 3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days After this Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, you must file a written request with the Secretary of the Bakersfield Redevelopment Agency within fifteen (15) days after this Notice was mailed. You must file your request to be heard at: Secretary of the Bakersfield Redevelopment Agency, Office of the Bakersfield City Clerk, 1501 Truxtun Avenue, Bakersfield, California 93301. Should you elect to mail your request to the Secretary of the Agency, it must be actually received by the Secretary for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above issues which are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the Agency at this hearing. The amount of the compensation to be paid for the acquisition of the property is not an issue being heard by the Agency at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the AG EtVCY representatives of the Agency on the amount of compensation to be C)rj 14 paid for your property. AL M Page No. 3 M If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the Agency to take the property by eminent domain. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues which are the subject of this noticed hearing and which are concerned with the right to take the property by eminent domain. If the Agency elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the Agency will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and mailed on April ;� , 2003. Very truly yours, MIC�iAEL G. ALLFORD General Counsel Bakersfield Redevelopment Agency MGA:Isc cc: Donald M. Anderson, Real Property Manager Pamela McCarthy, City Clerk Attachments: Exhibit "A ": Proposed Resolution of Necessity Exhibit "B ": Offer and Statement/Summary Exhibit "C ": Government Code section 7267.2(a) S:\UT\SIRIPANE \CORK \NOTICE OF HEARINGRON.DOC AG EIVCY ORIGINAL (PROPOSED) RESOLUTION NO. A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 711 LAKE STREET IN BAKERSFIELD FOR A REDEVELOPMENT PROJECT (OLD TOWN KERN MIXED -USE PROJECT) ENABLING THE AGENCY TO CONDEMN THE SUBJECT PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE SECTIONS 1245.220 AND 1245.230. (WARD 2) WHEREAS, after notice and opportunity have been given to the property owner(s) at issue, the City Council of the City of Bakersfield, by vote of two- thirds or more of its members, hereby finds and determines as follows: 1. The Bakersfield Redevelopment Agency ( "Agency ") desires to initiate a redevelopment project to construct a mixed -use senior housing and commercial center between Lake and Kentucky Streets and King and Kern Streets (the "Project "); and 2. As currently planned, the Project would be constructed on City of Bakersfield owned property located within the boundaries of the Old Town Kern — Pioneer Redevelopment Project Area; and 3. The Economic and Community Development Department of the City of Bakersfield has prepared an Implementation Plan for the construction of the Project which was approved by the Agency on or about May 10, 1999; and 4. The Agency intends to enlarge the available senior housing units, commercial, public recreation and entertainment facilities by construction of this Project for public use, to carry out and make effective the principal purpose pursuant to Code Civ. Proc. Section 1240.120(a) and in connection therewith, acquire interest in certain real property; and 5. By its acquisition of the 711 Lake Street property ( "subject property "), the Agency shall give effect to its mandate to eliminate blight in the Plan area. The subject property has been determined to have at least one condition of physical blight and at least one condition of economic blight (May 10, 1999 Report to the City Council for the Old Town Kern — Pioneer Redevelopment Project); and 6. A legal description of the subject property is attached as Exhibit "A" and a general plat map and description of the subject property is attached as Exhibit "B ", attached hereto and incorporated herein by reference; and -- Page 1 of 4 Pages -- AG Etycy P*%RALA " 7. The real property described in attached Exhibit "A" and generally depicted in Exhibit "B" (the "subject property ") is required for completion of the Project; and 8. The Agency has fully complied with Code of Civil Procedure section 1245.235 and now desires to adopt its resolution of necessity in compliance with Code of Civil Procedure section 1245.230; and 9. On April 2, 2003 there was a mailed a Notice of Hearing on the intent of the Agency to adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Exhibits "A" and "B" herein, which Notice of Hearing is attached hereto as Exhibit "C" and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described herein. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and 10. The laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment. A final Environmental Impact Report (FEIR) has been reviewed and certified by the Redevelopment Agency on June 16, 1999 with the adoption of Resolution No. RAM 15 -99 that analyzes and identifies the environmental impacts and mitigation for this Project within the Old Town Kern - Pioneer Redevelopment Project Area. The Bakersfield City Council also certified the FEIR by adoption of Resolution No. 88 -99 on June 16, 1999 (joint meeting); and 11. By Resolution dated April 15, 1999, the Bakersfield Planning Commission made a General Plan consistency finding pursuant to Government Code section 65402 for acquisition of the subject property. The contents of said Resolution are incorporated as though fully set forth herein; and 12. The subject property is to be acquired for the layout, establishment, construction, and maintenance of the Project. In part, section 33391 of the Community Redevelopment Law authorizes the Agency to lay out, acquire, construct, and maintain the Project and to acquire the subject property by eminent domain for redevelopment project purposes; and 13. The subject property is required to complete the Project as the Agency intends to utilize the subject blighted property for an open -air plaza area component of the Project adjacent to the commercial development; and 14. The proposed Project is essential for the elimination of blight and desirable to the public welfare. The Project will increase affordable senior housing and commercial rental unit availability in this once vibrant and prosperous neighborhood. It is desirable to the public welfare as it will also develop a blighted area which will encourage new business growth in the Plan area which will, in turn, enhance the community area; and �c �rvcY -- Page 2 of 4 Pages -- 0AIGIINAL M- 15. The Agency hereby finds and determines each of the following: a. The public interest and necessity require the Project; b. The Project is planned, approved, and accepted in a manner compatible with the greatest public good and the least private injury; c. The subject property is necessary for the Project; and d. The offer required by Government Code section 7267.2 has been made to the owners of record of the subject property; and 16. Specific findings of fact supporting the Agency's determination herein are set forth in Exhibit "D" attached hereto and made a part hereof, as well as other evidence as may be presented at the time of the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE BAKERSFIELD REDEVELOPMENT AGENCY as follows: 1.. That each of the matters set forth above is true and correct and the Agency so finds and determines. 2. That the property described herein is required to complete the Project. 3. That the Agency exercise its power under section 33391 of the Community Redevelopment Law (Health and Safety Code) and Code of Civil Procedure sections 1240.010, et seq. in acquiring the property discussed herein. 4. That Agency staff is authorized and directed to take any and all appropriate actions consistent with the purposes of this resolution including, but not limited to, initiating proceedings in eminent domain to acquire the subject property, to obtain an order(s) for immediate possession of the subject property, withdrawal of necessary compensation that will be awarded in the eminent domain proceedings and to take such other and further action as may be required to timely obtain the subject property for said public uses and purposes. 22.�.� AC EtVCy -- Page 3 of 4 Pages -- dRt Ci1AAL the In I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Bakersfield Redevelopment Agency at a regular meeting thereof held on , by the following vote: (Stamp) APPROVED Z THOMAS P. MISHOE Chairperson APPROVED AS TO FORM: BART J. THILTGEN General Counsel By MICHAEL G. ALLFORD General Counsel MGAAsc SA C0UNCIL \Resos \R0N.711 LakeSt. Sidpane. DOC Secretary of the Bakersfield Redevelopment Agency -- Page 4 of 4 Pages -- AG ENCY (MI GI NAL M M B A K E R S F I E L D July 3, 2002 Khampho Siripane (Ow. a0l ' yggoZ 825 Chester Ave. Bakersfield, CA 93301 RE: 711 Lake Street, Assessors Parcel Number 014- 280 -20 Dear Property Owner, The City of Bakersfield Redevelopment Agency is working with other business and property owners in Old Town Kern to help revitalize this historic area of our City. Part of this redevelopment work includes the block where you own 711 Lake St. In order to move forward with redevelopment, the Redevelopment Agency is seeking to purchase the above referenced real property. In this regard, the City of Bakersfield would like to propose engaging a mutually acceptable, independent real estate appraiser to determine the fair market value of the property. For your information, I have enclosed a list of local appraisers who meet city municipal code requirements. Please review the list and if you have a preference, let me know and we will hire, if possible, at city expense, the appraiser of your choice for the project. The City of Bakersfield very much appreciates your cooperation in our ongoing efforts to revitalize this part of our city. Please give me a call at your earliest convenience, my direct number is 326 -3181, or if you prefer, my email is isimmons(Fz)ci bakersfield ca us I look forward to hearing from you regarding this proposal so that we may move forward with our revitalization efforts. Sin ely, / John W. Simmons Real Property Agent Cc: Donald M. Anderson, Real Property Manager Donna Barnes, Development Associate City of Bakersfield ACErvC Property Management Division - 1501 Truxtun AveQ �'N� Bakersfield - California - 93301 ENHIBIT (661) 326 -3061 Fax (661) 324 -7483 .8 • B A K E R S F I E L D October 15, 2002 Mr. Khamphou Siripane 825 Chester Ave. Bakersfield, CA 93301 Re: 711 Lake St. Dear Mr. Siripane, As we discussed in our initial conversation, the Bakersfield Redevelopment Agency is working to improve the Old Town Kern area. In this regard, the Bakersfield City Council has authorized staff to negotiate for acquisition of the property necessary for this project. As required by law, the City retained the appraisal firm of Michael Burger & Associates, an independent real estate appraisal firm to determine the fair market value of the real property located at 711 Lake Street. Michael C. Burger, MAI, determined the fair market value is Forty Five Thousand Dollars ($45,000). Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers total compensation of Forty Five Thousand Dollars ($45,000) for the above referenced property. This offer does not include relocation assistance for your tenants, relocation will be paid for separately. The City's offer is subject to approval by the Bakersfield Redevelopment Agency, availability of funding for this acquisition, and your ability to deliver unencumbered title. The City will pay normal closing costs, i.e. escrow fee and title insurance. You will be responsible for the costs of delivering unencumbered title, i.e. taxes, demands by lien holders. If you have any questions please feel free to call me direct at 326 -3181. Sin ely, John W. Simmons Real Property Agent II CC: Donald M. Anderson, Real Property Manager Donna Barnes, Development Associate City of Bakersfield • Property Management Division • 1501 Truxtun Aven� EiVGY Bakersfield • California • 93301 tyRlGNAL (661) 326 -3061 • Fax (661) 324 -7483 nror )ertv(cbci.bakersfield.ca.us December 20, 2002 Mr. Khamphou Siripane 825 Chester Ave. Bakersfield, CA 93301 Re: 711 Lake St. Dear Mr. Siripane, As we have discussed on several occasitions, in order for the Bakersfield Redevelopment Agency to consider the appraisal information you indicated you had for the above referenced property, that information needs to be reviewed by Michael C. Burger MAI, the appraiser which prepared the initial appraisal. As of this date, Mr. Burger has not heard from you in this regard. The Agency would like to move forward with this redevelopment project. If you would like this information to be considered in establishing the basis of value for the property, the City of Bakersfield Property Management Division or Michael Burger & Associates needs to review it. As required by law, the Agency retained the appraisal firm of Michael Burger & Associates, an independent real estate appraisal firm to determine the fair market value of the real property located at 711 Lake Street. Michael C. Burger, MAI, determined the fair market value is Forty Five Thousand Dollars ($45,000). As we discussed in our October 15, 2002 meeting, pursuant to Section 7267.2 of the California Government Code, the Bakersfield Redevelopment Agency offers total compensation of Forty Five Thousand Dollars ($45,000) for the above referenced property. Again, if you have other relevant market information you want considered in establishing the basis of value please submit it for review. If you have any questions please feel free to call me direct at 326 -3181. S' erely, John W. Simmons Real Property Agent II Cc: Donald M. Anderson, Real Property Manager Donna Barnes, Development Associate sic City of Bakersfield - Property Management Division - 1501 Truxtun AvenuPRI G(iNAL Bakersfield - California - 93301 (661) -326 -3061 - Fax (661) 324 -7483 B A K E_R S F I E L D December 20, 2002 Mr. Khamphou Siripane 825 Chester Ave. Bakersfield, CA 93301 Re: 711 Lake St. Dear Mr. Siripane, As we have discussed on several occasitions, in order for the Bakersfield Redevelopment Agency to consider the appraisal information you indicated you had for the above referenced property, that information needs to be reviewed by Michael C. Burger MAI, the appraiser which prepared the initial appraisal. As of this date, Mr. Burger has not heard from you in this regard. The Agency would like to move forward with this redevelopment project. If you would like this information to be considered in establishing the basis of value for the property, the City of Bakersfield Property Management Division or Michael Burger & Associates needs to review it. As required by law, the Agency retained the appraisal firm of Michael Burger & Associates, an independent real estate appraisal firm to determine the fair market value of the real property located at 711 Lake Street. Michael C. Burger, MAI, determined the fair market value is Forty Five Thousand Dollars ($45,000). As we discussed in our October 15, 2002 meeting, pursuant to Section 7267.2 of the California Government Code, the Bakersfield Redevelopment Agency offers total compensation of Forty Five Thousand Dollars ($45,000) for the above referenced property. Again, if you have other relevant market information you want considered in establishing the basis of value please submit it for review. If you have any questions please feel free to call me direct at 326 -3181. S' erely, John W. Simmons Real Property Agent II Cc: Donald M. Anderson, Real Property Manager Donna Barnes, Development Associate sic City of Bakersfield - Property Management Division - 1501 Truxtun AvenuPRI G(iNAL Bakersfield - California - 93301 (661) -326 -3061 - Fax (661) 324 -7483 • B A K E R S F I E L D February 18, 2003 Mr. Khamphou Siripane 825 Chester Ave. Bakersfield, CA 93301 Re: 711 Lake St. Dear Mr. Siripane, As we have discussed on several occasitions, the Bakersfield Redevelopment Agency will be more than happy to consider any other market data to establish a credible basis of value for the above referenced property you feel was not addressed in the original appraisal. However, that information has to be reviewed by Michael C. Burger MAI, the appraiser which prepared the initial appraisal and the City of Bakersfield Property Management Division. As of this date, we have not heard from you in this regard. The Agency would like to move forward with this redevelopment project. If you would like this information to be considered in establishing the basis of value for the property, the City of Bakersfield Property Management Division and Michael Burger & Associates needs to review it. As we have discussed and is required by law, the Agency retained the appraisal firm of Michael Burger & Associates, an independent real estate appraisal firm to determine the fair market value of the real property located at 711 Lake Street. Michael C. Burger, MAI, determined the fair market value is Forty Five Thousand Dollars ($45,000). As we discussed in our October 15, 2002 meeting and our subsequent meeting of February 5, 2003, pursuant to Section 7267.2 of the California Government Code, the Bakersfield Redevelopment Agency offers total compensation of Forty Five Thousand Dollars ($45,000) for the above referenced property. Again, if you have other relevant market information you want considered in establishing the basis of value please submit it for review at your earliest convenience in the next seven days. If you have any questions please feel free to call me direct at 326 -3181. Si rely,�� John W. Simmons Real Property Agent II Cc: Donald M. Anderson, Real Property Manager Donna Barnes, Development Associate City of Bakersfield - Property Management Division - 1501 Truxtun AvenuedRl GIINAL Bakersfield - California - 93301 (661) 326 -3061 - Fax (661) 324 -7483 property @ci.bakersfield.ca.us Government Code section 7267.2(a) provides: Prior to adopting a resolution of necessity pursuant to section 1245.230 and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase of the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. Where appropriate, the just compensation for the real property acquired and for damages to the remaining property shall be separately stated. AG EM61, 9Y(2 33 M Page No. 4 PROOF OF SERVICE M I am over the age of eighteen years and not a party to the within action; my business address is 1501 Truxtun Avenue, Bakersfield, California 93301. On the date last written below, I served the attached NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD REDEELOPMENT AGENCY TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN on the party(ies) listed below, through their attorneys of record, if any, by facsimile transmission, by personal delivery or by placing true copies /originals thereof in sealed envelope(s)s addressed /designated as shown below: BY MAIL - I enclosed such document in sealed envelope(s) with the name(s) and address(s) of the person(s)- served as shown on the envelope(s) and caused such envelope(s) to be deposited in the mail at Bakersfield, California. The envelope(s) was /were mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Khamphou Siripane 825 Chester Avenue Bakersfield, CA 93301 X (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. Executed on April -Z , 2003 at Bakersfield, California. LINDA COHEN AG EtVCY ORIGINAL L9 FINDINGS OF FACT M The public good, interest, and necessity require the proposed Redevelopment Project based on the following facts: The Bakersfield Redevelopment Agency ( "Agency ") desires to eliminate blight in the Old Town Kern — Pioneer Redevelopment Project Area and construct affordable senior housing units and commercial development (the "Project "). The proposed Project will expand the available senior housing facilities in the plan area by 50 units while also eliminating "blight." 2. The subject property has been determined under the redevelopment plan to have at least one condition of physical blight and at least one condition of economic blight. 3. The Project would consist of a mixed -use senior housing and commercial center providing 50 units of affordable rental units and a second commercial component of 35,000 square feet of neighborhood services and commercial development which will be located adjacent to the senior housing and directly across the street. The blocks designated for redevelopment are between Lake and Kentucky Streets and King and Kern Streets. 4. The commercial component is planned to include a 10,000 square foot cultural facility, a 20,000 square foot business incubator commercial area providing small office, retail and commercial space, and an open -air Mercado area providing market space for local certified growers. Key tenants in the commercial space include interest from the Kern County Hispanic Chamber of Commerce and several Hispanic non - profit and cultural /service agencies. Fledgling incubator businesses expected to be attracted to the site include service and technology providers, including insurance services, legal and paralegal services, computer and electronic sales and other specialty retail and service entrepreneurs. 5. The Project is located in the Old Town Kern — Pioneer Redevelopment Area created in 1999 in response to the continual deterioration of a once vibrant and prosperous neighborhood. Baker Street corridor is the site of the original 1870s commercial district centered near the Southern Pacific Railroad. As the historical center of Bakersfield, Baker Street possesses great potential for revitalization. The proposed housing and commercial investments reflect the changing demographics of the corridor and meet the needs of the surrounding neighborhood. 6. Condemnation of the subject property is necessary to allow construction of the Project. The plans, specifications and design providing for the Project are incorporated herein and made a part hereof. AG E1VCy -- Page 1 of 4 Pageq -� OR► G INAL EXHIBIT 7. It is estimated that between 75 and 100 jobs will be created through this revitalization and economic development effort. The Redevelopment Agency has obtained a $500,000 special EDI grant for some of the public works requirements and more recently received a Section 108 loan in the amount of $1 million and $250,000 BEDI grant funds to assist in the site assembly, relocation and demolition costs needed for both projects. The total Project is expected to cost approximately $16 million. 8. The Agency also intends to submit an application for $500,000 of EDA grant funds to help fund additional public costs of the commercial portion of the Project. The EDA funds would be used for site acquisition and demolition costs associated with the planned cultural center, business incubator, commercial space and mercado open -air retail plaza. 9. Within the Old Town Kern — Pioneer Redevelopment Area, there are no other housing /commercial facilities that offer in one place all of the amenities that this Project will offer. In this regard, the Project promotes the Bakersfield City Council's goal to "promote community pride" as stated in the City's operating budget for fiscal year 2001 -02. 10. Use of the subject property for this Project is consistent with the Project goals and objectives for this redevelopment area. II. The proposed project is planned and located in a manner that will provide the greatest public good and the least private injury. This finding is based on the following facts: 1. Facts stated in Section I above support the public good. 2. Since 1980, conditions of blight have become increasingly worse in portions of the City, one such area being the Old Town Kern — Pioneer Project Area which is generally located north of California Avenue and south of Columbus Street, between Oak Street on the west and Virginia Street on the east. The area is bisected by Golden State Avenue and Highway 178. Due to its extensive rail service and original alignment of Highway 99 (Union Avenue), the area was once a thriving part of the City. However, the construction of State Route 99 to the west and changes in transportation away from rail travel and towards the automobile have moved the demand for new investment to the west. This, coupled with the area's aging building stock and the migration of newer markets to the west, have reduced the economic viability of this Project area. 3. The Agency initiated a study to determine whether characteristics of physical and economic blight as described in the Community Redevelopment Law exist in the Project area. The existence of blight in the Project area was documented in the May 10, 1999 report to the Bakersfield City Council for the Old Town Kern — Pioneer Redevelopment Project, said report incorporated herein by reference. -- Page 2 of 4 Pages -- AG EiyCY OPI GIiNAL n M 4. The May 10, 1999 report to the Bakersfield City Council describes the physical and economic conditions which exist in the Project area to include: The average building is nearly 65 years old; Sixty five percent of buildings are in some degree of disrepair and require substantial capital investment or replacement; and Seventy eight percent of all parcels demonstrate such blighted conditions as obsolescence, open storage of equipment and junk, bad parking, poor access and circulation and other similar factors. This in tum affects adjoining parcels. 5. The property which is the subject of this condemnation action (711 Lake Street) is used for warehouse /storage purposes and is significantly deteriorated with no public sewer or water connections. This property is necessary for the senior housing component of this Redevelopment Project. 6. The burdens of blight are not likely to be corrected by the private sector acting alone, because the high number of irregular lots, multiple owners and absentee owners do not allow private enterprise to address both the causes of blight and its reversal. Conversely, the role of the public sector in addressing the problem is limited due to the lack of adequate public funding and legal powers. Redevelopment activities under the Community Redevelopment Law have been specifically designed to assist redevelopment agencies in areas where such needs exist. 7. The burdens of widespread blight in the Project area are beyond remedy by the private or public sectors acting alone. Private enterprise cannot reverse blighting conditions, because it would be economically infeasible for individual enterprises to assemble a large number of multiple properties under scattered ownerships or to provide the substantial public improvements that are needed. 8. The current proposed Project would address a shortage of affordable senior housing units in the Plan area and in the City in general. 9. The Project would also include the development of parking facilities to accommodate those residing at the proposed senior housing facility and for those using the surrounding and adjoining public commercial /retail facilities and open -air plaza facilities. Utilizing a "shared" parking concept results in a reduced need for more parking spaces. Furthermore, studies have shown that vast amounts of paved areas have a negative effect on the local environment. Shared use of parking lots reduces these negative effects. AG EIgCY -- Page 3 of 4 Pages -- ORI G►1NAL IV. V M 10. By Resolution dated April 15, 1999, the Bakersfield Planning Commission made a finding of consistency with the General Plan pursuant to Government Code section 65402 relative to acquisition of this property. The contents thereof are incorporated as though fully set forth herein. 11. On May 10, 1999, an "Implementation Plan" for this Project was approved by the Redevelopment Agency. The contents thereof are incorporated as though fully set forth herein. The property being acquired is necessary for the proposed Project and for the elimination of blight. This finding is based upon the following facts: 1. The subject property is required to complete the Project as the Agency intends to utilize the property for the senior housing component of this Redevelopment Project. 2. The subject property is used for warehouse /storage purposes and is significantly deteriorated with no public sewer or water connections. The property has previously been determined to be "blighted" in the May 10, 1999 Report to the City Council for the Old Town Kern — Pioneer Project. 3. The proximity of the property to the Project and adjacent commercial /retail development makes it ideal for enhancement of public housing, business and entertainment facilities as proposed by this Project. The plans and specifications for such construction support this finding and are set forth herein by this reference and made a part hereof. 4. Ever increasing demand for affordable senior housing facilities, public commercial /retail and entertainment facilities will be a alleviated by the acquisition of this particular property so as to allow for construction of the proposed Redevelopment Project. All information presented at the time of hearing in support of the findings set forth in Sections I through III herein is incorporated by this reference. The offer as required by section 7257.2 of the Government Code has been made. This finding is based on the following facts: John W. Simmons, the City of Bakersfield's Real Property Agent, conveyed written offers required under section 7267.2 of the Government Code to Khamphou Siripane, owner of the subject property. The offers were dated October 15, 2002, December 20, 2002 and February 18, 2003 and were based upon the appraisal of the property. The property owner has rejected the offers given him by the Agency. S:\ Lit\ SiHpane \Pldgs \FindingsOfFact.doc ENCiY AG -- Page 4 of 4 Pages -- ORS GGNAL