HomeMy WebLinkAboutRES NO RA3-03M
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RESOLUTION NO. A 3 7 U 3
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 630 KENTUCKY 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 630 Kentucky 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
AG EIVCY
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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 March 31, 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. Notice of the Agency's public hearing was also published in The
Bakersfield Californian, a daily newspaper of general circulation in Kern County, twice in
the two (2) week period prior to May 12, 2003; and
11. 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
12. 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
13. 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
14. 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
15. The proposed Project is essential for the elimination of blight and
desirable to the public welfare. The Project will increase affordable senior housing and
-- Page 2 of 4 Pages --
AG EIVCY
0RI G&NAL,
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
16. 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
17. 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.
222R�.
AG N Y
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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 k/QV--Q-
ABSTAIN: AGENCYMEMBER
ABSENT: AGENCYMEMBER A,9- l�
3d..J,S. 6. ML(A'&nL
SECRETARY of the B ersfield
Redevelopment Agency
APPROVED: MAY 12 2003
[L =dP
THOMAS MISHOE
CHAIRPERSON
BAKERSFIELD REDEVELOPMENT
AGENCY
APPROVED AS TO FORM:
BART J. THILTGEN
GENERAL COUNSEL
By:
MIONAEL G. ALLFORD
Deputy City Attorney
AG EIVCy
ORIG1,NAL
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LEGAL DESCRIPTION OF THE KING (630 KENTUCKY STREET) PROPERTY:
All of Lot 28 and south Y2 of Lots 29, 30, 31 and 32,
inclusive, except north 1 foot of south % of Lot 29 and
except north 1 foot of west 9.75 feet of south Y2 of Lot
30 in Block 56 of the City of Bakersfield, County of
Kern, State of California, APN 014 - 270 -07.
AG ElVCY
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AG ENCY
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NOTICE OF HEARING REGARDING THE INTENT OF THE
BAKERSFIELD REDEVELOPMENT AGENCY TO ADOPT A
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY
BY EMINENT DOMAIN
To: George King
2425 Haley Street
Bakersfield, CA 93305
George King
1807 Madison Street
Bakersfield, CA 93307
George King
5712 Kingsland Avenue
Bakersfield, CA 93306
George King
1708 Madison Street
Bakersfield, CA 93307
Re: Notice of Hearing regarding adoption of a Resolution of Necessity
to acquire property located at 630 Kentucky Street, Bakersfield
(APN 014 - 270 -07) 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 630 Kentucky
Street, Bakersfield, California 93305, 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; AG EIVCY
EXHIBIT ORI Gr,NAL
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Page No. 2
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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 by Govt.
Code § 7267.2(a) (attached);
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 California 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 FOR 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.
AG E1VCy
0Rl G&NAL
(PROPOSED) RESOLUTION NO.
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 630 KENTUCKY 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 630 Kentucky 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
AG EfVCY
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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
representatives of the Agency on the amount of compensation to be
paid for your property.
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 March &, 2003.
Very truly yours,
— 0 l �•
MIC AEL 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:URKINGTOMNOTICE OF HEARINGRON.DOC
AG ErvCY
0 RI GrNAL
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 March ,3 / , 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. Notice of the Agency's public hearing was also published in The
Bakersfield Californian, a daily newspaper of general circulation in Kern County, twice in
the two (2) week period prior to May 12, 2003; and
11. 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
12. 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
13. 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
14. 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
15. The proposed Project is essential for the elimination of blight and
desirable to the public welfare. The Project will increase affordable senior housing and
-- Page 2 of 4 Pages -- AC EIVCY
ORl GF NAL
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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
16. 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
17. 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Bakersfield Redevelopment Agency at a regular meeting thereof held on
, by the following vote:
(Stamp)
APPROVED
By
THOMAS P. MISHOE
Chairperson
APPROVED AS TO FORM:
BART J. THILTGEN
General Counsel
By
MICHAEL G. ALLFORD
General Counsel
MGAAsc
S: �COU NC i L1.Resos\RON.630KentuckySt. King. DOC
,jecretary of the Bakersfield Redevelopment Agency
dR /G,ycY
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February 21, 2003
Mr. George King
2425 Haley Street
Bakersfield, CA 93305
Re: 630 Kentucky St., Assessors Parcel Number 014 - 270 -14
Offer of Just Compensation and Summary of Basis of Offer
Dear Mr. King;
The Bakersfield Redevelopment Agency has authorized staff to negotiate for acquisition of
the above referenced real property for the purpose of redevelopment. As required by law,
the Agency retained the appraisal firm of Michael Burger & Associates, an independent real
estate appraisal company, to determine the fair market value of the real property located at
630 Kentucky Street.
Pursuant to Section 7267.2 of the Califomia Government Code, the Bakersfield
Redevelopment Agency offers Thirty Four Thousand Dollars ($34,000) as total just
compensation for the above referenced property. Attached for your information is: the
Appraiser's Summary of the Basis for the Appraisal (Exhibit "A "); Certificate of Appraiser
(Exhibit "B "); definitions of "Just Compensation" and "Fair Market Value" (Exhibit "C "). The
above offer represents the full amount believed by the Agency to be just compensation for
your property as determined by Michael C. Burger, MAI, an independent real estate
appraiser. The Agency's determination of just compensation for the real property to be
acquired is based upon an inspection of the property, sales of comparable properties, and
other factors that influence value. The offer disregards any decrease or increase in the fair
market value of the property prior to the appraisal of this property caused by the Agency's
interest in the property.
This 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. The Agency
would appreciate your response to this offer within two (2) weeks of the date of this
correspondence.
If you have any questions please feel free to call me direct at 326 -3181.
S� rely,
!John W. Simmons
Real Property Agent II
Attachments
cc: Donald M. Anderson, Real Property Manager
Michael G. Allford, Deputy City Attorney
Donna Barnes, Development Associate
City of Bakers field - Property 0ana0 ement Dl`ision - 130' Truxtun A "enue
Bakersfield - California - 93301 AG EIV Y
(661 � 326 -3061 - Fax (661) 324-7483
propertv@ci.bakersfield.ca.us t7Xi�IDr, --L
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February 21, 2003
Mr. George King
2425 Haley Street
Bakersfield, CA 93305
Re: 630 Kentucky St., Assessors Parcel Number 014 - 270 -14
Offer of Just Compensation and Summary of Basis of Offer
Dear Mr. King;
The Bakersfield Redevelopment Agency has authorized staff to negotiate for acquisition of
the above referenced real property for the purpose of redevelopment. As required by law,
the Agency retained the appraisal firm of Michael Burger & Associates, an independent real
estate appraisal company, to determine the fair market value of the real property located at
630 Kentucky Street.
Pursuant to Section 7267.2 of the Califomia Government Code, the Bakersfield
Redevelopment Agency offers Thirty Four Thousand Dollars ($34,000) as total just
compensation for the above referenced property. Attached for your information is: the
Appraiser's Summary of the Basis for the Appraisal (Exhibit "A "); Certificate of Appraiser
(Exhibit "B "); definitions of "Just Compensation" and "Fair Market Value" (Exhibit "C "). The
above offer represents the full amount believed by the Agency to be just compensation for
your property as determined by Michael C. Burger, MAI, an independent real estate
appraiser. The Agency's determination of just compensation for the real property to be
acquired is based upon an inspection of the property, sales of comparable properties, and
other factors that influence value. The offer disregards any decrease or increase in the fair
market value of the property prior to the appraisal of this property caused by the Agency's
interest in the property.
This 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. The Agency
would appreciate your response to this offer within two (2) weeks of the date of this
correspondence.
If you have any questions please feel free to call me direct at 326 -3181.
S� rely,
!John W. Simmons
Real Property Agent II
Attachments
cc: Donald M. Anderson, Real Property Manager
Michael G. Allford, Deputy City Attorney
Donna Barnes, Development Associate
City of Bakers field - Property 0ana0 ement Dl`ision - 130' Truxtun A "enue
Bakersfield - California - 93301 AG EIV Y
(661 � 326 -3061 - Fax (661) 324-7483
propertv@ci.bakersfield.ca.us t7Xi�IDr, --L
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 EN y
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Page No. 4
PROOF OF SERVICE
n
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.
George King
2425 Haley Street
Bakersfield, CA 93305
George King
5712 Kingsland Avenue
Bakersfield, CA 93306
George King
1807 Madison Street
Bakersfield, CA 93307
George King
1708 Madison Street
Bakersfield, CA 93307
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 March 31, 2003 at Bakersfield, California.
LINDA COHEN
AG ElVCY
oRt GrAAL
n
FINDINGS OF FACT
n
The public good, interest, and necessity require the proposed Redevelopment
Project based on the following facts:
1. 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 Etyey
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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.
AG EIVCy
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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
turn affects adjoining parcels.
5. The property which is the subject of this condemnation action (630 Kentucky
Street) is vacant land, subsequent to the structure thereon being demolished
by the City of Bakersfield for which a substantial lien has been recorded.
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.
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. AG ElgCY
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V.
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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 an open -air public plaza component of this
Redevelopment Project.
2. The subject property is currently vacant land subsequent to the demolition of
a structure by the City of Bakersfield for which a substantial lien has been
recorded on the property. 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 a written offer required under section 7267.2 of the Government
Code to George King, owner of the subject property. The offer was dated
February 21, 2003 and was based upon the appraisal of the property.
The property owner has not responded and has thereby rejected the offer
to purchase given by the Agency.
S:\ Lit \King \Pldgs\FindingsofFact.doc
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AG EIVCY
ORIGINAL