HomeMy WebLinkAboutRES NO 178-07
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Resolution No.
1 78- 0 7
RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INT~REST AND NECESSITY
FOR THE ACQUISITION BY EMIN~NT DOMAIN OF CERTAIN REAL PROPERTY
(California Code or 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 A venue area business district and
Rosedale Highway, to connect existing streets, and to promote the public welfare and safety, the City
of Bakersfield ("City") intends to develop and construct the Westside Parkway Project (the
"Project"); and,
WHEREAS, the public interest and necessity require that certain real property
(approximately 3,114 square feet in permanent right of way and 13,181 square feet for a temporary
construction easement) situated at the southwest comer of Mohawk Street and Rosedale Highway in
Bakersfield, California, and more particularly described in Exhibits" I-A", "1-B" and Exhibits "2-A",
"2-B" attached hereto and incorporated herein by reference (the "Property"), be acquired for public
roadway purposes for the Project; and,
WHEREAS, the City has provided all owners of the Property whose names and addresses
appear on the last Kern County equalized assessment roll with notice and opportunity to appear and
be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in
compliance with California Code of Civil Procedure section 1245.235; and,
WHEREAS, the City made an offer of compensation as required by California Government
Code section 7267.2 which is attached hereto as Exhibit "3" and incorporated herein by reference
(attached to the offer of compensation and included therein are copies of: 1) the definition of just
compensation; 2) the definition of fair matket value; and 3) a copy of California Government Code
section 7267.2); and,
WHEREAS, in accordance with the provisions of California Code of Civil Procedure section
1245.235, the City Council intends to make certain findings and determinations.
NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on
applicable law and the whole record concerning this matter, including, but not limited to, the
accompanying staff report, which is hereby made a part of this resolution, 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 area business district and Rosedale Highway, to connect existing streets and
to promote the public welfare and safety through development and construction of
the Project;
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2. The City is authorized to acquire the Property by the Eminent Domain Law (Title 7,
Part 3 of the California Code of Civil Procedure commencing at section 1230.010)
and California Government Code section 37350.5 for public roadway purposes;
3. A description of the general location and the extent of the Property to be taken is
attached in Exhibits "I-A", "1-B" and Exhibits "2-A", "2-B". Adiagramdepictingthe
location of the Property is shown in Exhibit "4-A" and "4-B" attached hereto and
incorporated herein by reference.
4. The City of Bakersfield hereby finds, determines and declares:
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned and/or 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 of Necessity and attached exhibits
is necessary for the Project; and,
(d) Prior to making the above findings and determinations, the City made an
offer of compensation as required by California Government Code section
7267.2. See, Exhibit "3".
5. City staff is directed to take all necessary and appropriate actions to carry out the
purpose and intent of this Resolution of Necessity.
6. The law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. ("GLCDG"), is
hereby authorized and directed to prepare and prosecute proceedings in eminent
domain in the appropriate court to acquire for the City of Bakersfield the property
interests described and depicted in Exhibits "I-A", "1-B" and "2-A", "2-B". GLCDG
is hereby further authorized to obtain such orders for immediate possession of the
Property as it is required for the proposed project. A warrant shall be issued to the
State Treasury Condemnation Fund, in the amount determined by the court to be
deposited, as a condition of immediate possession.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on AUG 2 9 7007 , by the
following vote:
~
NOES:
ABSTAIN:
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.,---- ......---...---- ....--. ---- .----
COUNCILMEMBER CARSbN, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~^'
~ a. rYkL
CITY CLERK and Ex Officio rk of the
Council of the City of Bakersfield
APPROVED
AUG 2 9 2007
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ~?n ~
' ROBERT M. SHERFY
Deputy City Attorney
Attachments: Exhibits I-A, I-B, 2-A, 2-B, 3, 4-A, 4-B
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Gribben & Grclllish
APN 332-260-22
All that portion of Parcel 1 of Parcel Map 7984. in the County of Kern. State of
California, as per map recorded February 28. 1992. in Book 43 of Parcel Maps at Page
126, in the Office of the Kern County Recorder, more particularly described as loIJO\\-s:
Beginning 81 the point of intersection of the South Hnc of suid Parcel 1 with the West
right of way line of Mohawk Street:
Thence (I) North 89' 10' 44" 'West. along said Soulh line of Parcell. a distance of
5.00 feet:.
Thence (2) North 0" 54' 56" East. 11 distance of334.67 feet:
Thence (3) North 44' 24' 31" West, a distance of 45.77 feet to a point on the !'orth
line of said Parcel J. said line also being the South right of \Va) line of
Rosedale Highway;
Thence (4) South 89~ J 0' 44" East, along said North Line, a distance of 17.52 feel to
the beginning of a tangent curve concave to the Southwest having a T"ddius
of20.03 feet;
Thence (5) Southeasterly, along said curve. 31.45 feet. through a central angle of 90'
OS' 40" to a point of the East line of said Parcel J. said (Xlint also being on
the West right of way Hoe of Mohawk Street:
Thence (6) South O' 54' 56.... WesL along said EaSl line of Parcel 1. a distance of
346,87 feet to the POINT OF BEGINNING.
Containing 2.274 square feet. more or less.
End of Description
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EXHIBIT 1- B
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"'nDoen Of ",reltusn
Temp(ji1u")' Construction Easement
APN 332-260-22
All that ponioll of Parcels 1,2. and 3 ofParl~el Map 7984. in the.' County of Kem. Slale or
California. as per map recorded February 28. 1992. in Book 43 of Parcel Maps al Page
J 26. in the Otlice of the Kern Ctitlnry Recorder lying 10.00 feet Westerly. Soulhwcstl:rly
and Southerly afthe following described line:
Beginning at a point on the South line of Parcel 1 of Parcel Map 7984. said point bearing
South 89' 10' 44'" East and distant ;,00 feet to the Southeast comer of said Parccl I;
Thence (J) North ocr 54' 56" East. a distance of 334.67 feel;
Thence (2) North 44' 24' 3 r' West. a distance of 45. 77 fecI to the Nonh line of said
Parcel J. also being the South right of way line of Rosedale Highway;
Thence (3) North 89. 10' 44" West. along the Nonh lines of Parcels L 2 and 3 of
Parcel Map 7984 and along said South right of WU) line a distance of
610.50 feet.
Containing 9821 square feel. more or less,
End of Description
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, LEGAL DESCRlPTION
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All that portion of Parcel 6 of Parcel Map 7984, in the County of Kern. State of
California, as per map rccordt:d,February 28, 1992, in Book 43 of Parcel Maps at Page
126, in the Office of !he Kern County Recorder, more particularly de6cribed as follows:
Beginning at the point of intctsection of the North line of said Parcel 6 with the West
right of way line of.Mohawk street;
Thence (1) South O' 54' 58" West, along said West right of way line of said Mohawk
Stmet, a distance of 336.01 feet;
Thence (2) North O. 03' 47" East, a distance of 336.04 feet to a point on the North
line of Said PiitCI 6;
Thence (3) South 89. 10' M"East, along said North line. a distance of 5.00 feet to the
TRUE PO~'T OF BEGINNING.
Coutalriing 840,0 square feet. more or less.
End of Description
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EXHIBIT 2-B
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Gribben & Grealisb
Temporary Construction Easement
APN 331-260-27
All thllt portion of Parcel 6 of Parcel Map 7984. in the County of Kern. State of
California. 8S per map recorded February 28. 1992. in Book 43 of Parcel Maps at Page
126. in the Office of the Kerb County Recorder lying 10,00 feel \\.'estcrly of the
following descrihed line:
Beginning at a point on the North lint: of Parcel (j of Pared t\1ap 7984. said pajIlL bearing
South 89' ) O' 44" East and distant 5,00 10 the \:ortheast corner of said Parcel (I;
TI1ence (I) Soulh 00" 03" 41" West. a distance of 336.04 feet. to a point Qn the Last
line of said Parcel 6, said point bearing North 00' 54' 56" East and distant 336.0 I feci to
the Nonhea..<n comer of Parcel 6,
Containing 3360 !\quare fecI. more or less.
End of Description
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BAKERSF
E L D
July 10, 2007
Hand Delivered
James E. Gribben, Carole A. Gribben
John E. Grealish, Jr" Debra G. Grealish
John E. Grealish, Sr., Bonnie R. Grealish
6906 Downing Avenue #A
Bakersfield, CA 93308
Re: Westside Parkway/Mohawk Grade Separation Projects - Revised Offer to Purchase Real
Property - Portion of APN 332-260-22 & 332-260-27
Ladies and Gentleman:
As you know, we are consulting engineers to the City of Bakersfield (the "City"). The City Council
has authorized negotiations to purchase a portion of your property located along Mohawk Street for
the Westside Parkway/Mohawk Grade Separation project (the "Project"). Due to the amount of
time that has passed since the original and a subsequent appraisal of your property, we have
requested an additional update to the appraised value.
Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers
Thirty-Five Thousand Eight Hundred dollars ($35,800) 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); Just Compensation and Fair Market Value Definitions
(Exhibit C); and Section 7267.2 of the California Government Code (Exhibit D). 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 appraisal firm. 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
City of Bakersfield · Property Management Division · 1501 Truxtun Avenue
Bakersfield · California. 93301
(661) 326-3061 · Fax (661) 852-2042
property@bakersfieldeity,us
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Gribben/Grealish
July 10, 2007
Page 2 of2
112-14.1g
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.
Please contact me should you have any questions. You may reach me by telephone at 327-1969,
ext. 214 or by email atsplane@rscivil.com.
Very truly yours,
~~.jl~
Sheila K. Plane, Ruettgers & Schuler Civil Engineers
Right of Way Agent
Enclosures:
Exhibit A - Appraiser's Summary of the Basis for the Appraisal
Exhibit B - Certificate of Appraiser
Exhibit C - Just Compensation and Fair Market Value Definitions
Exhibit D - Section 7267.2 of the California Government Code
cc: Donald M. Anderson, Real Property Manager - City of Bakersfield
Theodore D. Wright, Civil Engineer IV - City of Bakersfield
City of Bakersfield · Property Management Division · 1 501 Truxtun Avenue
Bakersfield · California. 93301
(661) 326-3061 · Fax (661) 852-2042
property@bakersfieldeity,us
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CITY OF BAKERSFIELD
APPRAISAL SUMMARY STATEMENT
(Form #)
CONFIDENTIAL
This docwnent contains personal information
and pursuant to CivJ1 Code 1798.21, it shaD
be kept confidential in onIcr to protect
aniDst lUIIIuthorized disclosure.
EXHIBIT B
8-EX-15A (REV 4/2002)
P.M,
Parcel No.
Date
Owner: Jim & Carole Gnbben Yz interest
John & Debra Grealish ~ interest
Property Address: 2523 Mohawk Street
Date Acquired: N/A
Property to be acquired: 2,274 SF
Locale: Bakersfield, CA
Part X
All
Total Property Area: 1.79 Acres, or 77,972
Including Access Rights
Yes No X
BASIS OF VALUATION
;
The market value for the property to be acquired by the City of Bakersfield is based upon an appraisal prepared in accordance
with accepted appraisal principles and procedures,
Code of Civil Procedure Section 1263.320 defines Fait Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a
seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer,
being ready, willing, and able to buy but Wider no particular necessity for so doing, each dealing with the other with full
knowledge of all the uses and purposes for which the property is reasonably adaptable and available,
b) The fair market value of property taken fOt 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.
Exhibit A-I
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APPRAISAL SUMMARY STATEMENt (Cont.)
(Fonn#)
EXHIBIT
8-EX-15A (REV 4/2002)
Value of the Entire Property
$
N/A
Value of the property being acquired
including the following improvements:
Land: $
1tnps: $
27,288
5,122
$
32,410
Value of the remainder as part of the
whole before the City's acquisition $ J NJA
Value of the remainder as a separate parcel (c::tired) $ NJ A
Severance Damages:
$
N/A
Cost to Cure Damages:
$
NJA
Total Damages:
$
N/A
Benefits:
$
NJA
The amount of any other compensation:
$
N/A
JUST COMPENSATION FOR ACQUISItION
$
32,410
Rounded To
$
32,400
Construction Contract Work
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APPRAISAL SUMMARY STATEMENT (Cont.)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
BASIS OF VALUATION
BASIC PROPERTY DATA
Interest valued:
Fee Simple
Date of valuation:
June 26, 2007
Applicable zoning:
M-3 PD
Area to be acquired:
1,949 SF
Highest and best use:
Light Industrial or Commercial
Current use:
Commercial
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APPRAISAL SUMMARY STATEMENT (Coot.)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY
THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL
}, 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 and/or knowledgeable vendors.
Total Replacement Cost New
Depreciation from all causes
Value of Improvements in Place
$
$
$
(
N/A
N/A )
N/A
Land (estimated by direct sales comparison)
Indicated value by Cost Approach
$
$
N/A
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 %
N/A
N/A
$
$
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APPRAISAL SUMMARY STATEMENT (Cont.)
(Fom #)
EXHIBIT
8-EX-15A (REV 4/2002)
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:
ADDRESS:
APN:
SALE DATE:
SALE PRICE:
LIST OF PRINCIPAL TRANSACTIONS - VACANT
,
Ptn wY1 of the NWY-. See, 26, T2~S/R27E
332-230-01
May 11,2004
$900,000
NY1 ofSY1 of Lot 17, Sec. 21, r29S/R27E
452-070-33
January 5,2005
$968,000
SY1 ofSY1 ofSY1 of Lot 17, Sec. 21, T29S/R27E
452-070-30
August 18,2005
$325,000
Ptn WY1 ofNWY-. Sec, 26, T29SJlU7E
332-230-01
September 7, 2005
$1,325,000
North 7 acres of Lot 12, See, 21, T29S/R27E
452-030-14
October 10, 2005
$1,550,000
Parce18, PM 10714
465-020-49
November 9, 2005
$375,000
Ptn Lot I, PM 6470
496-010-01
January 23, 2006
$3,000,000
Ptn SEY-. Sec. 14, T29S/R26E
529-012-07
March 21, 2006
$1,485,500
Parcell, PM 1346
368-111-25
AprilS,2006
$750,000
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APPRAISAL SUMMARY STATEMENT (Cont.)
(Form #)
EXHIBIT
8-EX-15A (REV 4/2002)
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:
ADDRESS:
APN:
SALE DATE:
SALE PRICE:
LIST OF PRINCIPAL TRANSACTIONS - VACANT
Ptn NW~ Sec. 7, T29S1R28E
118-030-06
June 20, 2006
$925,000
N~ Lot 17. Sec. 21, T29S/R27E
452-070-35
July 7, 2006
$2,000,000
Lots 3, 4, 5, PM 5814
482-102-07,08, & 21
August 21,2006
$900,000
Lots 10, 11, 12, 14, and 15 ofJewett and Raine Subdivision Map No.1
526-010-03
March 2, 2007
$3,750,000
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APPRAISAL SUMMARY STATEMENT (Cont.)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
LIST OF PRINCIPAL TRANSACTIONS - IMPROVED
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:
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APPRAISAL SUMMARY STATEMENT (Cont)
(FOnT! #)
EXHIBIT
8-EX-15A (REV 4/2002)
AREAS WITHIN THE RIGHT OF WAY
Sub-parcel
Area
N/A
Total Area '= 2,274 SF
IMPROVEMENTS WITHIN THE RIGHT OF WAY
Item
Size
100 SF
2,174 SF
Four (4)
Asphalt Paving
Lawn & Sprinkler System
Trees
Lump Sum Total = $32,400 (Round)
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APPRAISAL SUMMARY STATEMENt (Cont.)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
COST to CURE DAMAGE ITEMS
Item
Size
N/A
Lump Sum Total = N/A
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STATE OF CAUFORNJA. DEPAATM8-rr OJ: TAPJ-JSPOfITP.TION
SUMMARY OF SEVERANCE DAMAGES AND BENEFITS
AW 7-12 (REV '912002)
For individuals wllh sensory ~aPlIfIies.1hIs dDQJmenI is allallable in aI1emate tmma1s, Fer inlormalion call (l/1~) 654-5413 VDIce,
/lJJA NotIce CAS: 1-aOD-735-2lI29crWl1le ~ alWay, 11211NSlleel, !o6S,37.Sal:IameIllD. CA 95814,
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APPRAISAL SUMMARY STATEMENT (Cont)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
CONSTRUCTION CONTRACT WORK ITEMS
1. N/A
2.
3,
4.
5.
6,
7.
8,
9.
10.
11.
12.
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STATE OF CAUFORNIA' DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF APPRAISER
RW 7-6 (REV 6/2003)
OlSTR1Cl
.IEA
IARNO,
I Hereby CertifY:
Thai. I have persoruilly inspected 1he. properly herein appraised and thai. the property OWDer has been
afforded aD opportunity 1.0 be present ai the time of 1l1e inspection. A personaJ field inspection of 1he
comparable sales relied upon in making said appraisal has also been made, The subject and the
comparable saJes relied upon in making said appraisal were as represenied by the phol.ographs con1ained
in said appraisal.
That 1.0 the best of my knowledge and belief, the sta:iements contained in the appraisal herein set forth are
true, and the information upon which the opinions expressed therein are based is correct.. subject to
limiting conditions iherein set forth..
That I understand that such appraisal is to be used in connection with the acquisition of right of way for a
highway to be ccmstruct:ed by the State of California with the assistance of Federal-aid highway funds, or
other Federal funds,
That such appraisal has been made i:ti conformity with the appropriate State laws, Title VI of the 1964
Civil Rights Act, and regu1a1ions, policies and procedures applicable to appraisal of right of way for such
purposes; and that to the best of my knowledge no portion of the value assigned to such property consists
of items which are noncompensable under the established law of said State.
That neither my employment nOI my compensation for making this appraisal and report are in any way
contingent upOJ;l. the values reported herem.
That I have no direct or indirect present or contemplated future personal in:t.aest in such property or in any
benefit from the acquisition of such property appraised.
That I have not revealed the :findings and results of such appraisal to anyone other than. the proper officials
of the California Depar1ment of TraIlSportation or officials of the Federal Highway Administra:lion and I
will not do so un:til so authorized by State officials, or until I am required to do so by due process oflaw,
or until I am released from this obliga:/:.ion by having publicly testified as to such findings,
That my opinion of the total fair IriaJ::ket value as shown on the summary shaat"
included. in this report and made a part hereof by reference, as of the.2..6.tJilay of J1Ul e
20 ..JJL . is $ N / A ; and th.a:t. such conclusion was derived without collusion, coercion or
direction as to value,
(S'gnatur) RaQ-$J ~~a:'.
1 e Cert. No. AG 06809
June 29, 2007
Daie
MAl
. For individuals witll dlsabllllias. thls domenl is .,aUatlle In 1lllema1e formats. For lnIorma1lon call (916) 654.5413 Voi<:e. CRS: 1-80D-7SS-2S2ll. or
ADA Notice wrlIe Righi of Way. 11211 N S1rN1. M5-37. Sacramemo. CA 95lI1'1,
Exhibit B-1
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ORIGINAL
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CITY OF BAKERSFIELD
APPRAISAL SUMMARY STATEMENT
(Form #)
CONFIDENTIAL
This doc:ument COD1IiDs peraonaI iDformalion
and pUIl1llllt to Civil Code 1798.21, it shaJ]
be kept CODfidcDlill in order to protect
aDinst lIII&utborizcd diacIosurc.
EXIllBITB
8-EX-15A (REV 4/2002)
~ D~i I Co. I
Rte,
P.M,
Parcel No.
I Federal Aid Project No.
Date
I
Owner: Jim & Carole Gnbben !Ii interest
John & Debra Grealish !Ii interest
Property Address: Parcel 6, PM 7984
Date Acquired: N/A
Property to be acquired: 840 SF
Locale: Bakersfield, CA
Part X
All
Total Property Area: 13,36 Acres, or 581,962
Including Access Rights
Yes No X
BASIS OF VALUATION
The market value for the property to be acquired by the City of Bakersfield ~ based upon an ~ prepared in accordance
with accepted appraisal principles and procedures.
Code of Civil Procedure Section 1263.320 defines Fliit Market Value as follows:
a) The fair market value of the property talreD ~ the highest price on the date of valuation that would be agreed to be a
seller, being willing to sell but under no Patticu1ar or urgent necessity for so doing, nor obliged to sell, and a buyer,
being ready, willing, and able to buy but UDder no particular necessity for so doing, each dealing with the other with full
knowledge of all the uses and pmposes for -iNluch the property ~ reasonably adap1able and available,
b) The fair market value of property taken tbt which there ~ no relevant, comparable market ~ its value on the date of
valuation as determined by any melhod of Valuation that ~ just and equi1able,
Recent sales of comparable properties and iDcoIrie data are utilized as appropriate, Full consideration ~ given to zoning,
development potential and the income the property is capable of producing,
Exhibit A ~ 2
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APPRAISAL SUMMARY STATEMENt (Cont.)
(Fonn #)
EXHIBIT
8-EX-15A (REV 4/2002)
Value of the Entire Property
$
Value of the property being acquired
including the following improvements:
3,360
-0-
Land: $
Imps: $
N/A
3,360
Value of the remainder as a separate parce1 (cured) $ N/A
$
Total Damages:
$
Benefits:
$
The amount of any other compensation:
$
3,360
JUSTCOMPENSATIONFORACQ~ncrON
$
3,400
N/A
N/A
N/A
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Value of the remainder as part of the
whole before the City's acquisition $ N/A
Severance Damages:
$
N/A
Cost to Cure Damages:
N/A
$
Rounded To
s
Construction Contract Work
APPRAISAL SUMMARY STATEMENT (Cont)
(Form #)
EXHIBIT
8-EX-15A (REV 4/2002)
BASIS OF VALUATION
BASIC PROPERTY DATA
Interest valued:
Fee Simple
Date of valuation:
June 26, 2007
Applicable zoning:
M-3 PD
Area to be acquired:
840 SF
Light to Medium Industrial
Highest and best use:
Current use:
Vacant Ind1i!ltrial Land
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APPRAISAL SUMMARY STATEMENt (Cont.)
(penn #)
EXHIBIT
8-EX-lSA (REv 4/2002)
THE FOU,OWING INFORMATION IS BASED ON THE PARTIAL ACQmsmoN ONLY
THE FOLLOWING INFORMATION 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 t:nt11.Sactions,
2, The cost approach is based in part on a replacement cost new of
improvements less depreciation. Cost infOrJ:Ilation was obtained
from cost service publications and/or knowledgeable vendors,
Total Replacement Cost New
Depreciation from all causes
Value of Improvements in P1aee
Land (estimated by direct sales comparison)
Indicated value by Cost Approach
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
N/A )
N/A
N/A
N/A
N/A
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$
$
$
$
N/A %
N/A
N/A
APPRAISAL SUMMARY STATEMENT (Cont.)
(Form #)
EXHIBIT
8-EX-15A (REV 4/2002)
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:
ADDRESS:
APN:
SALE DATE:
SALE PRICE:
LIST OF PRlNtIP AL TRANSACTIONS - VACANT
<
Pm w~ of the NW~ Sec, 26, T29S/R27E
332-230-01
May 11, 2004
$900,000
N~ ofS~ of Lot 17, See, 21, T29S/R27E
452-070-33
January 5, 2005
$968,000
S~ ofS~ ofS~ of Lot 17, Sec. 21, T29S/R27E
452-070-30
August 18, 2005
$325,000
Pm W~ ofNW~ See, 26. 129SJR.27E
332-230-01
September 7, 2005
$1,325,000
North 7 acres of Lot 12, See, 21, T29S/R27E
452-030-14
October 10, 2005
$1,550,000
Parcel 8, PM 10714
465-020-49
November 9,2005
$375,000
Pm Lot 1, PM 6470
496-010-01
January 23, 2006
$3,000,000
Pm SE~ See, 14, T29S/R26E
529-012-07
March 21,2006
$1,485,500
Parcell, PM 1346
368-111-25
AprilS, 2006
$750,000
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APPRAISAL SUMMARY STATE.MEJNT (Cont)
(Fonn #)
EXHIBIT
8-EX-1SA (REV 4/2002)
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:
ADDRESS:
APN:
SALE DATE:
SALE PRICE:
UST OF PRtNCIP AL TRANSACTIONS - VACANT
Pm NW~ Sec. 7, T29S/R28E
118-030-06
June 20, 2006
$925,000
N~ Lot 17, See, 21, T29S/R27E
452-070-35
July 7, 2006
$2,000,000
Lots 3,4,5, PM 5814
482-102-07,08, & 21
August 21,2006
$900,000
Lots 10, 11, 12, 14, and 15 of JeWett and Raine Subdivision Map No, 1
526-010-03
March 2, 2007
$3,750,000
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APPRAISAL SUMMARY STATEMENT (Cont.)
(Form #)
EXHIBIT
g.EX-15A (REv 4/2002)
LIST OF PRINCIPAL TRANSACTIONS - IMPROVED
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:
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ORIGINAL
I .
APPRAISAL SUMMARY STATEMENT (Cont.)
(Form #)
EXHIBIT
8-EX-15A (REV 4/2002)
AREAS WITHIN THE RIGHT OF WAY
Sub-parcel
Area
N/A
Total Area = 840 SF
IMPROVEMtNTS WITHIN THE RIGHT OF WAY
Item
Size
N/A
Lump Sum Total = $3,400 (Round)
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APPRAISAL SUMMARY STATEMENt (Cont.)
(Form #)
EXHIBIT
8-EX-15A (REV 4/2002)
COST TO CURE DAMAGE ITEMS
Item
Size
N/A
Lump Sum Total = N/A
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ORIGINAL
"
STATE OF CAUFOANIA. DEPAATMaofT OF TAflJIJSPOf/TP.TlON
SUMMARY OF SEVERANCE DAMAGES AND BENEFITS
AW 7-12 (REV 912002)
A. Value of the whole before acauisitlon:
,
$
N/A
land
Improvements
$
$
B. Value of the oart aCQuired as oan ofilia whole:
$ 3,400 (Rnd)
Land, including easements acqulre.tl
Improvements
$
$
3,360
-0-
C, Value of the remainder as cart of the whole:
(UneA less UneE)
$
N/A
Land, including ar€aS encumbered by easements acquired $
Improvements $
J
i
0, Value of the remainder after the acouisi1ion and before
consideration of beneiits:
$ . N/A
land, including areas encumbered by easemems acquired $
Improvements $
For IndividIJals wllh aensotY ~ thls documen1ls avlllllll* inaltemate fDrma1S, Fer lnlcmatlon call (9Hi) 654-5413 Vob,
ADA Notice CAS: 1-8DD-73S-2lI28 Cll' wrIIe ~ 01 WaY. '120 N SII8II1. W5-37.~. CA 958111,
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APPRAISAL SUMMARY STATEMENT (Cont)
(Form #)
EXHIBIT
8-EX-lSA (REV 4/2002)
CONSTRUCTION CONTRACT WORK ITEMS
1. N/A
2.
3,
4,
5,
6,
7.
8.
9.
10.
11.
12,
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ORIGINAL
5T ATE OF CAUFORNIA. DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF APPRAISER
RW 7-6 (REV 612003)
OJE,TRlCT
,lEA
IARNa,
! Hereby Ce7.tifjl:
Tha1 J have personalJy inspected the property herein appraised and 1haj, ilie property owner bas been
afforded an opportunity to be present a11he time of ilie inspection, A persOllal fieJd inspection of '/.be
comparable saJes relied upon in malcing said appraisal has also been made. The subject and the
comparable saJes relied upon in making sa:id appraisal were as represen1ed by the photographs contained
in said appraisal.
Tha1 to the best of my knowledge and belief, 1he sta1ements contained in iDe appraisal herem set forth are
true, and the infonnatiOD upon whicb the opinions expressed thea-em are based is correct, subject to
limiting conditions 1herein set forth.
jl
That I understand that such appraisaJ is to be used in conn.ection Vlritb. the acquisition of right of way for a
highway to be constructed by the State of California wIth 1he assistance of Federal-aid highway funds, or
other Federal funds,
'I)m such appraisal has been made in confonnity with the appropriate Sta:te laws, Title VI of the 1964
Civil Righ:l:.s Act. and regulations, policies and procedures applicable 10 appraisal of right of way for suc.b.
purposes; and that to the best of my knowledge no portion of the value assigned to such property consists
of items which are noncompCDSable under the established law of said State.
That neither my employment nor my compensa:lion for making this appraisal and report are in any way
contingent upon the values :reported herein.
That I have no direct or indirect present or contemplaied future personal in:taest in such property or in any
benefit from the acquisition of such property appraised
Th2.t I have not revealed the findings and results of such appraisal to anyone otho: than the proper officials
of '1he California Department of Trailsporta1ion or officials of the Federal Highway Administration and I
will not do so until so authorized by Staie officials, or until I am required to do so by due pro~s oflaw,
or until I am released from.1his obligation by having publicly testified as to such findingS.
That my opinion of the total fair m.a:rket value as shown on the summary Sh22t
included in this report and made a part hereof by reference, as of the.2..6.:tJ:Siay of J1l n e
20 ...QL , is $ N I A ; and that such conclusion was derived without collusion, coercion or
direc1ion as to value.
. RaQ~ ~~a~.
(Signature) Cert. No. AG 06809
June 29, 2007
Da:te
MAl.
. For Indlllldu8ls wIIIl diAbIIIlles. tills dooumen11s _liable In IIIIelMIe 10ll1l111s. For InIPmlldiOl1l31l (lI'I6) 65<1-5413 Vol2. CRS: '-8110-735-2928. Of
MJA Notice wrile RIght rAWay. "20 N SUeel. MS-!7. SacrarMn\O. CA 1l581<4.
Exhibit B-2
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(.) ORIGINAl(;)
JUST COMPENSATION DEFINITION
Just compensation for property acquired by Eminent Domain generally means the fair
market value of the property to be acquired plus any severance damage or injury to the
remainder property. Severance darliage generally means the diminution of the fair
market value of the (severance) and/or the construction of the project improvement in the
manner proposed.
FAIR MAlU(ET VALUE DEFINITION
Fair market value defined by the Code of Civil Procedure, Part 3, Title 7 (Eminent
Domain Law), Chapter 9 (Compensation), Article 4 (Measure of Compensation for
Property Taken), Paragraph 1263,320 is as follows:
(a) The fair market value of the property taken is the highest price on the date
of valuation that would be agreed to by 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 doirtg, each dealing with the other with full knowledge of
all the uses and purposes for which the property is reasonably adaptable
and available,
(b) The fair market value of property taken for which there is no relevant
market is its value on the date of valuation as determined by any method
of valuation that is just and equitable.
Exhibit C
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ORIGINAL
7267.2.
(a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the 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 of the 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 furlds 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,
Exhibit D
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ORIGINAL
EXHIBIT 4-A
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