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Home My WebLink AboutRES NO 280-06 280-06 RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY (Code of Civil Procedure Section 1245.230) WHEREAS, in order to improve traffic capacity and circulation between northwest Bakersfield and the downtown area, and between the California Avenue business district and Rosedale Highway, to connect existing streets, and to promote the public welfare and safety, the City of Bakersfield intends to develop and construct the Westside Parkway project (the "Project"); and WHEREAS, the public interest and necessity require that certain real property, including a portion of the property commonly known as 2144 Parker Lane, Bakersfield, California, and more particularly described in Exhibit A-I attached hereto (the "Property"), be acquired for public roadway purposes for the Project; and WHEREAS, the City of Bakersfield has provided all owners of the Property whose names and addresses appear on the last equalized County assessment roll with notice and an opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, in compliance with Section 1245.235 of the Code of Civil Procedure; and WHEREAS, the offer of compensation required by Section 7267.2 of the Government Code has been made; and WHEREAS, the City of Bakersfield desires to adopt this Resolution of Necessity pursuant to Sections 1245.220 and 1245.230 ofthe Code of Civil Procedure; NOW THEREFORE, IT IS HEREBY RESOLVED by the City of Bakersfield as follows: 1. The Property is to be acquired in order to improve traffic capacity and circulation between northwest Bakersfield and the downtown area, and between the California Avenue business district and Rosedale Highway, to connect existing streets, and to promote the public welfare and safety through development and construction of the Westside Parkway project. The City of Bakersfield is authorized to acquire the Property by eminent domain pursuant to Sections 1240.010 and 1240.320 of the Code of Civil Procedure and Section 37350.5 of the Government Code for public roadway purposes. 2. A description of the general location and extent of the Property to be taken is attached to this Resolution as Exhibit A-I and incorporated herein by this reference. A diagram showing the location of the Property is attached as Exhibit A-2. 840580.1 11282.020 1 ~ 'O"k~-9 o % >- - .... rn _ r- <.:> C:1 ORIGINAL 3. The City Council, as the governing body of the City of Bakersfield, has found and determined each of the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The Property described in this Resolution is necessary for the Project; (d) The offer required by Section 7267.2 of the Government Code has been made. (Exhibit B, attached hereto includes a copy of the offer letter, a definition of just compensation and fair market value, and a copy of section 7267.2 of the Government Code.) (e) The Property described in this Resolution is bordered on the south and east by the existing BN&SF Railroad right-of-way. Construction of the Project will require the relocation of the railroad tracks. A portion of the Property is necessary for the relocation of the tracks. City of Bakersfield Agreement 03-066 with the BN&SF memorializes the railroad's agreement to exchange its existing right-of-way for new right-of-way pursuant to section 1240.320 of the Code of Civil Procedure and to relocate its tracks as necessary to accommodate the Project. 4. The staff of the City of Bakersfield is directed to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution, including but not limited to, commencing a proceeding in eminent domain in the Kern County Superior Court to acquire the Property within six months of the date hereof. 840580.1 11282.020 2 ~ 'O"k~-9 o % >- - .... rn - r- <.:> C:1 ORIGINAL I hereby certify that the foregoing Resolution was passed and adopted by the City of Bakersfield at a meeting thereof held on OCT 2 5 2006, by the following vote: Pamela A. McCarthy Clerk of the City of Bakersfie d APPROVED OCT 2 5 200S By Harvey . Hall City Mayor APPROVED AS TO FORM VIRGINIA GENNARO City Attorney By aft 7Jt ~ Robert Sherry , Deputy City Attorney ~s "'-....-- --.....-- - - "1;; . COUNCIlMEMBERCA --- N .: : COUNCILMEMBER RSON, BENHAM, MAGGARD, COUCH. HANSON, SULLIVAN. SCRIVNER ABSTAIN: COUNCIlMEMB~~ ABSENT: COUNCllMEMBER = 840580.1 11282.020 = 3 !< 'O"'k~-9 o % :0.. - .... m _ r- o C::J ORIGiNAl MOHAWK PARCEL 272927-04 ALL THAT PORTION OF LOTS 10 AND 15 IN SUBDIVISION OF SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDM, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED IN BOOK 1 , PAGE 130 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; PARCEL A COMMENCING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, LYING S 00055'00" W A DISTANCE OF 420.240 METERS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE S 89005'00" E, A DISTANCE OF 9.144 METERS TO THE NORTIlWEST CORNER OF SAID LOT 10 AND THE TRUE POINT OF BEGINNING; THENCE (1) S 89010'38" E, A DISTANCE OF 7.620 METERS, ALONG THE NORTII LINE OF SAID LOT; TIlENCE (2) S 00055'00" W, A DISTANCE OF 53.104 METERS, TO THE BEGINNING POINT OF A TANGENT CURVE, CONCA YE WESTERLY, HAVING A RADIUS OF 516.764 METERS: THENCE (3) SOUTIlERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02023'52", AN ARC DISTANCE OF 21.627 METERS; THENCE (4) S 46003'21" E, A DISTANCE OF 16.779 METERS; THENCE (5) S 02032'49" W, A DISTANCE OF 18.306 METERS; THENCE (6) S 44028'20" W, A DISTANCE OF 17.749 METERS, TO THE BEGINNING POINT OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 519.808 METERS AND TO WHICH POINT A RADIAL LINE BEARS S 81059'08" E; THENCE (7) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04031'40", AN ARC DISTANCE OF 41.078 METERS TO A POINT ON THE WEST LINE OF SAID LOT 10; THENCE (8) N 00055'00" E, A DISTANCE OF 155.593 METERS ON AND ALONG SAID WEST LINE TO THE POINT OF BEGINNING; Page 1 of2 !< 'O"'k~-9 o % :0.. - .... m _ r- o C::J ORIGiNAl EXHIBIT A-I , AREA: 1,380 SQUARE METERS (0.138 HECTARES), 0.34 ACRES MORE OR LESS PARCEL B COMMENCING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, LYING S 00055'00" W A DISTANCE OF 765.174 METERS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; S 89005'00" E, A DISTANCE OF 9.144 METERS TO THE SOUTHWEST CORNER OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING; THENCE (1) N 00055'00" E, A DISTANCE OF 16.818 METERS ON AND ALONG THE WEST LINE OF SAID LOT; THENCE THENCE (2) S 89009'03" E, A DISTANCE OF 175.748 METERS, TO THE BEGINNNING POINT OF A TANGENT CURVE,. CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 188.145 METERS; THENCE (3) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57024'56", AN ARC DISTANCE OF 188.539 METERS, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERL Y, HAVING A RADIUS OF 218.475 METERS AND TO WHICH POINT A RADIAL LINE BEARS S 57029'08" E, SAID POINT ALSO BEING ON THE NORTHERN RIGHT OF WAY LINE OF ATCHISON TOPEKA & SANTA FE RAILROAD; THENCE (4) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 58023'28", AN ARC DISTANCE OF 222.651 METERS ON AND ALONG ATCHISON TOPEKA & SANTA FE RAILROAD RIGHT OF WAY; THENCE (5) N 89005'40" W, A DISTANCE OF 148.133 METERS ON AND ALONG ATCHISON TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, TO THE POINT OF BEGINNING; AREA: 4,055 SQUARE METERS (0.406 HECTARES), 1.00 ACRES MORE OR LESS ~:(4~- ~...IO-ob Page 2 of2 ~ 'O"'/(~-9 o % >- - .... rn _ r- o C:1 ORIGINAL ~N1I4 Corne,. NE1/4 cornet'"~. t1f="'-'-'-'~~:~~'~~-'-'-'-'-'i81"0"rOrCm~~5~;'~~;~''2~~;~.~~~i-'---'-'-'-'-'-'-'-'-'-'-~~:~'::'~'-'-'-'~ j420.240 m i . : "" S ""10'38" E ! ;;;;='1'11 ?" 7.&20 mIl) I \I : ~. --P5B----------------------~i~-EASE~N"T---.-------------~~----------------------------------- - I" A.R. BRAKENBURY i OIL PIPELINE . AS PER BK 1~39. AREA TABLE ! PG 45~ ORIGINAL PARCEL (GROSSI - 122.869 SM. 30.56 AC l ORIGINAL PARCEL CNETI. - 119.742 SM. 29.59 AC i TAKE A I GROSS I - 1.380 SM. 0.34 AC I.' TAK~ A INETI. - 1.263 SM. 0.31 AC TAKE B I GROSS I - ~.055 SM. 1.00 AC i! REMAINDER (GROSSI - 1'7.~34 SM. 29.02 AC I REMAINDER (NETI. -"4.~24 SM. 28.27 AC ~i -:i S 02"32'49" . · LESS UTILITY EASEMENTS gi ~ --:::::~~~~~:::::::::~~:::::::::::::~;~~:i~:iE:~~i:::::::~:::::::::::::::::::::::::::::::::: ;:i 5 44"28'20" . SEWER LINE :!!! 17.749 m 161 ~~S~~N~OC 10 ~l E 2001.'61655 ii LOT I 0 _I i 6. 04"31'4D"IR'N SUBDIVISION OF SEC 27 I c-r.c-o.JNn EI' T . 20.550 m T29S. R27E ~ R .519.808 m 171 ....i L .41.078 m MEASURED BEARINGS & DISTANCES .....i. NO BRACKETS PER CALTRANS AND I OR coe '1 SURVEY INVESTIGATIONS ... ~! ...! ~! -I ..I :"i ii i i i i i i i i i i i i i i SU"OS' ot 9.144 m , I I j I i · 8~' .. , 11'I I " i I I I I I I I I I I i ~; V) ~~ ! ~~ ~; I i I i ~ I I i i 6-02"23'52"(RI T . 10.810 R .516.764 C31 L .21.627 m PER RECORD OF SURVEY BK '1 PC; 4 I I I I I ACCESS PROHIBITED --------------------~--------------_._-------------_..--------------.-------------------------------- NOTE: THIS MAP 'AS PREPARED IN WETERS. MULTIPLY BY 3937/1200 TO CONVERT TO FEET BH INVESTMENTS 332-260-03 INC" LOT 15 IN SUBDIVISION OF. SEC 27 T29S. R27E 6. 57"24'56"ILI (3) T .103.040 R . 188.145 L . 188.539 m N 00"55'00" E 16.818 mIll 121 519"09'03" E 175.748 m N 89"05'40" . -51"23'28"(RI ~ : ~ ~t ~~~ ( 4 I L . 222.651 m SCALE 1: 2000 151 "". c"...~ Section 27 : A portion of the NEI'4 of Sec. 27. T.29S.. R27E.. M.D.8.M. BASIS OF BEARING THE BEARING OF NOO"55'OOH E AS THE WEST LINE OF THE NE QUARTER OF SECTION 27 ~ B',/n -06 EXHIBIT A-2 \ ~ :0.. m !:: r- o C::J ORIGINAl ~ . )- -- B A K E R S F E L D August 8, 2006 Certified Mail - Return Receipt Requested BH Investments, Inc. P.O. Box 2422 Bakersfield, CA 93303 Re: Westside ParkwayIMohawk Grade Separation Projects - Revised Offer to Purchase Real Property - APN 332-260-03 Gentleman: As you know, we are consulting engineers to the City of Bakersfield (the "City"). The City Council has authorized negotiations to purchase your property located along Mohawk Street for the Westside ParkwayIMohawk Grade Separation project (the "Project"). Due to the amount of time that has passed since the original appraisal of your property, we have requested an updated valuation from the apprmser. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers One Hundred Forty-One Thousand dollars ($141,000) as total just compensation for your property. Attached for your information is: the Appraiser's Summary of the Basis for the Appraisal (Exhibit A); Certificate of Appraiser (Exhibit B). The above offer represents the full amount believed by the City to be just compensation for your property as determined by Karpe Fisher Merriman Inc., an independent real estate appraiser. The City'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 City's interest in the property. Also, the above offer does not include relocation assistance, to which you may be entitled. The City's offer is subject to: approval by the Bakersfield City Council; availability of funding for this acquisition; an environmental review 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 and demands by lien holders. I will contact you shortly regarding the City's updated offer, or you may reach me by telephone at 327-1969, ext. 214 or by email at splane@rscivil"com. Very truly yours, ~~-'f>~ Sheila K Plane, Ruettgers & Schuler Civil Engineers Right of Way Agent cc: Donald M Anderson, Real Property Manager - City of Bakersfield Theodore M. Wright, Civil Engineer N - City of Bakersfield City of Bakersfield · Property Management Division · 1501 Truxtun Avenue Bakersfield · California. 93301 (661) 326-3061 · Fax (661) 852-2042 property@bakersfieldcity.us EXHIBIT "B" ~ 'O"'/(~-9 ~ ~. I- m - r- o C:1 ORIGiNAl ) ) STATE OF CALIFORNIA. DEPARTMENTOFTRANSPORTATJON APPRAISAL SUMMARY STATEMENT (Form #) CONFIDENTIAL This doewnenl conUlins personal infonnation and pursuant to Civil Code J 798.2J, it shall be kepI confidential in order to proleCl anainsl unauthori2ed disclosure. EXHIBIT 8-EX-15A (REV 11/2002) Page 1 of9 Dist. Co. Rte. P.M. Parcel No. Federal Aid Proiect No. Date Owner: BH Investments, Inc. Date Acquired: N/A Property Address: 2144 Parker Lane Propertyrobe~ed: 1.31 Acres Locale: . Bakersfield, CA Part ~ All D Total Property Area: 30. 56 Acres Including Access Rights YesO No/]] BASIS OF VALUATION The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed kl 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 pmposes 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. Recent sales of comparable properties and income data are utilized as appropriate. Full consideration is given to zoning, development potential and the income the property is capable of producing. I EXHIBIT "B" ~ 'O"'I(~-9 o ~ :0.. _ 5 g ORIGINAL APPRAISAL SUMMARY STATEMENT (Cont) (F orill il) Value ofille Entire Property Value ofilie property being acquired including the folloVlljng improvemenis: Value of the x;em.ainder as part of the whole before the State's acquisition Land: lmps: $ 128,394 $ 12,600 $ N/A Value of the remainder as a separate parcel (cured) . Severance Damages; Cost to Cure Damages: Total Damages: Benefits: The amount of any other compensation: $ -0- $ -0- EXBIDn 8-EX-J 5A (REV] 1/2002) Page 2 of9 $ N/A $ 140,994 $ N/A JUST COM1'ENSATION FOR ACQUISITION Construction Contract Work Rounded To $ $ -0- ~ 'Ofl.k~1> o % :0.. - .... m _ r- o <:) ORIGiNAl EXHIBIT "B" . $ -0- $ $ -0- 140,994 141,000 ) ) APPRAISAL SUMMARY STATEl\ffiNT (Cont.) (Fonn it) EXHIBIT 8-EX-15A (REV 11/2002) Page 3 of9 BASIS OFVALUATJON BASIC PROPERTY DA T A Interest valued: Fee Simple Date of valuation: July 18, 2006 Applicable zoning: M-2, General Manufacturing Area to be acquired: 1. 31 Acres, or 57,064 SF Highest and best use: Develop per zoning Current use: Vacant land utilized for storage EXHIBIT "B" ~ 'OAI(~1> ~ :0.. _ .... m - r- o C:1 ORIGINAL ) APPRAISAL SUMJ\iARY STATEMENT (Cont.) (Form if) EXHIBTT 8-EX-15A (REV 1 J/2002) Page 4 of9 THE FOLLO'WING INFORMATION IS BASED ON THE P ARTlAL ACQUISITION ONLY THE FOLLOWlNG INFORMA nON IS BASED ON THE ENTIRE SUBJECT PARCEL 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach See attached sheet for principal transactions. $ N/A 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 andlor 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 % $ $ EXHIBIT "B" ~ fQAI(~-9 C> <P ~ "'(\ t: ;:n- o ,... C:1 ORIGINAL ) APJ>JUISAL SUMMARY STATEMENT (Coni.) (Fomll1) EXH IBJT 8-EX-J5A (REV 11/2002) Page 5 of9 ADDRESS: APN: SALE DATE: SALE PRlCE: ADDRESS: APN: SALE DATE: SALE PRlCE: ADDRESS: APN: SALE DATE: SALE PRlCE: ADDRESS: APN: SALE DATE: 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: ADDRESS: APN: SALE DATE: SALE PRICE: LIST OF PRIN CIP AL TRANSACTIONS - VACANT Ptn w~ of NEt Sec. 28, T29S/R27E 368-050-13 March 16, 2005 $475,000 Parcels 3 & 4, PM 10414 104-292-29 & 30 August 17, 2005 $1,476,500 Parcel 8, PM 10714 465-020-49 November 9, 2005 $375,000 Ptn NWt Sec. 35, T28S/R27E 483-020-22, 25, & 26 February 2, 2006 $5,067,500 N! of Lot 17, Sec. 21, T29S{R27E 452-070-35 July 7, 2006 $2,000,000 EXHIBIT IIBII ~ ~AI(~-9 C> (p ~ "1'\ . I- m - r- o C:1 ORIGINAL ) ) APPRAISAL SUMMARY STATEMENT (Cont.) (Fonn #) ADDRESS: N / A APN: SALE DATE: 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: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: LIST OF PRINCIPAL TRANSACTIONS - IMPROVED EXHIBIT "B" EXHIBIT 8-EX-15A (REV 1112002) Page 6 of9 ~ ~AI(~-9 o % .:>.. - I- m - ,.... o C:1 ORIGINAL ) APPRAISAL SU1\fMARY STATEMENT (Cont) (foOD fI) ) Sub-parcel AREAS WITHIN THE RIGHT OF WAY Take "A" Take "B" TotalArea= 1.31 Acres or 57 064 SF , , Area EXHIBIT 8-EX-l5A (REV] 1/2002) Page 7 of9 .31 Acre, or 13,504 SF 1.00 Acre, oe 43,560 SF Item IMPROVEMENTS WITHIN THE RIGHT OF WAY Size 6' Chain Link Fencing ~SumTotal=$141,000 (Rounded) EXHIBIT IIBII 1,800 LF ~ V>AI(~"9 lD <p .).. "f\ f- m - ,.... o C:1 ORIGINAL APPRAISAL SUMMARY STATEMENT (Cont) (Form #) Item COST TO CURE DAMAGE ITEMS Size 6' Chain Link Fencing Lump Sum Total = $ 1 2 , 600. 1,800 LF ) EXHIBIT 8-EX-15A (REV 1 J/2002) Page 8 of9 EXHIBIT "B" ~ 'O(l.K~-9 o % >- - .... rn - r- o C::J ORIGINAL APPRAISAL SUMMARY ST A TEJ\ffiNT (OlDt) (Fol1llll) EXHIBIT 8-EX-15A (REV 1 J/2002) Page 9 of9 CONSTRUCTION CONTRACT WORK ITEMS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. N/A EXHIBIT "B" ~b.I(f. ~ 'Y(jl >- ~ .... m _ r- o (;) ORIGINAL } STATE OF CAUFOR/lJIA" DEPARTM8~T OF TRANSPORTATION SUMMARY OF SEVERANCE DAMAGES AND BENEFITS RW 7-12 (REV S/2002) '6~ /(~1> ADA N r For individuals with sensory disabilities, this document is available in alternate formals. For Information call (916) 654-5413 Voice, J % o Ice CRS: 1-ll00-735-2929orwrile Right 01 Way, 1120NStreel,MS-37.Sacralllenlo,CA95814. >- m .... r- c:; C:1 EXHIBIT "B" ORIGINAL ) '} STATE OF Cf>.UFORhlll~. DEPARTMEI\IT OF TRANSPORTATION CERTIFICATE OF APPRAJSER RW 7-fl (REV 6/2003) D.ISTRICT IE~' IAHIIIO. ] Hereby CertifY' Tl121 I have persomlJy inBpecied ille property herem appraised a:nd il12! 1be property owner has been afforded all opportunity to be preseni ai ilie time of the inspec;tion. A personal field iDEpection of the comparable sales reljed upon in. making said app~ has also been mane. The subject. and the comparable saJes relied upon in :making said appraisal were as represented by the photographs coniained in said appraisal. ThB1 to the best of my knowledge and belief: the st:a.Wm.ents contained in the appraisal herem set forth are true, and the :information upon which ihe opinions expressed therein are based is correct, subject to limiting conditions therein set forth.. Thai I understand that such appraisal is to be used in conn.ection Virith fue acquisition of rigIrt of way for a highway to be constructed by the State of California with the. assistance of Federal-aid hi&hway funds. or other Federal nm9s. That such appraisal has been made in confomrity wifu the appropriate Sta:I:e laws, Title VI of the 1964 Ow Rights Act. and regu1a:ti.OIlS, policies and procedmes applicable to appraisal of rigb:t of way for such purposes; and tbzt to 1he best of my knowledge no portion. oftIw value assigned to such property COIlSists efitems which are noncompensable unde.T the established law of said State. That neither my employment nor my compensa:tion for m~kln.E this appraisal and report are in. any way contingent upon the values reported herein. That I have no direct or indirect preseJ+1; or contemplated future personal interest in. such property or in. any benefit from the acqui.si:tion of such property appraised. Thai I have not revealed the findings and results of such appraisal to anyone other than the proper officials of fue California. Departm.en.t of Transportation or officials of the Federal Highway Ad:rni1risirati.on and I will not do so until so mrlhorized by State officials. or until I am required to do so by due process of law. or un:ill I am released from 1his obligation by having publicly testified as to such findings. Thai my opinion of the total fair marl.c.et valueas shown on the !'mmmrlry ~hppt- included in. this report and made a part hereof by reference, as of the 1 8 tlrlay of Ju 1 v 20 ~ , is $ N / A ; and that such conclusion was derived without collusioll, coercion or direction as to value. (Signaiure) ~j{M~~SM Certificate No. AGO06809 Julv 25. 2006 Date ADA Non ce For individuals with disabnlUes. this document is aVaDable in allemale follllals. fflT inionnalion call (916) 65'l-5.ll1S Voioe, ORS: 1.s00-7~M~-9 wrile Rlghl erWay, 1120 N street. MS-S7. Sacmmenlo. CA 95814. 0 % >- - Exhibit B 5 5 ORIGINAL SENDER: COMPLETE THIS SECT/ON I · Complete items 1, 2, and 3. Also complete j item 4 if Restricted Delivery is desired. i · Print your name and address on the reverse i so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: b'+ \-\- I..nvc:A-YY\ eJl.-t-S : -p, 0 . 160 ~ d,'-\c9-Q... I i:>~e.-r'S-h~ld, CA.q 3~303 2. Article Number (rransfer from service labe~ 3. Service Type ~lfied Mall o Registered o Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7002 2030 0005 5012 9215 PS Form 3811 , February 2004 Domestic Return Receipt 102S9S-02-M-1540 : J --_.~.---~_._---_._-_._-~-~~_.__.~~- - ----------._- ~ I , / EXHIBIT "B" ~ fQft../(~'9 o % :0.. - ~ rn _ r- o C:1 ORIGiNAl ,.- JUST COMPENSA110N DDINI110N Just compensation for property acquired by Em~ ~ acoerally meaDlthe fair market value. of the property to be acquired plus .y severance damqe or iJUury to the remaiDder property.SeverIDCC dama,c pnerally melDS the dimiDutioD of the fair . mllket value ofthc (sevcraacc) and/or the coDIb'Ucbon oftbc project improvemcat in the uiaDDer propoHd" FAIR MARKET VALUE DD'INI110N Fair JJW"ket value defined by the Code of Civil Proc:cdurc. Part 3. TItle 7 (P-""~ DomaiD Law). Chapter 9 (Compeaudon). Article .. (Measure of CompeuatiOD far Property Taken). Puqrapb 1263.320 is u follows: (a) The fair market value or1bc poperty lIkca is the biabat price on the date ofvaluatiOll1hat would be apeed to by ader, beiDa wilIiDa to ICIl but under DO particular or urpnt Dcceai1y fOl' 10 doina. DOl' obUpcI to .u. IDCI a bayer. beiDa ready. wDUDa. aDd ablc to buy but UDder DO .-rdcuIar neceaity for 10 doiDa. each deaIiD, wi1h'the other with fuU kDowleclp of all the uses ad purpo.. for which the property is fCUODably adIptabJe aDd avail.bIe- (b) The fair market value of property taken for which 1here is DO relmmt market is its value OIl the date of valuation u dr:tenDiDed by any method of valuatiOll1hat is just and equitablc" ~ 'O!l.kc-9 o % >- - .... m - ,.... o C:1 ORIGINAL F California Government Code ~ 7267.2 (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 ofthe Code of Civil Procedure 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 in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the 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. (b) 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. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning of property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) 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. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy ofthe appraisal on which the offer is based. (d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire real property for less than an amount which it believes to be just compensation therefor if (1) the real property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just compensation therefor, (2) the public entity offers a price which is equal to the specified price for which the property is being offered by the landowner, and (3) no federal funds are involved in the acquisition, construction, or project development. (e) As used in subdivision (d), "offered for sale" means any of the following: (1) Directly offered by the landowner to the public entity for a specified price in advance of negotiations by the public entity. (2) Offered for sale to the general public at an advertised or published, specified price set no more than six months prior to and still available at the time the public entity initiates contact with the landowner regarding the public entity's possible acquisition of the property. 840582.1 11282. 1 ~ 'OA/(~~ o ~ :0.. _ I- m - r0- o C::J ORIGINAL