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HomeMy WebLinkAboutRES NO 077-08 CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF REL PROPERTY ANDA CERTAIN TEMPORARY CONSTRUCTION EASEMENT OVER CERTAIN REAL PROPERTY (California Code of Civil Procedure section 1245.230) Resolution No.. ~ 7 7 ~ g WHEREAS, 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, 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 and a certain temporary construction easement over certain real property situated between the Cross V alley Canal and Kern River in Bakersfield, California, and more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference, be acquired for public roadway purposes for the Project; and, WHEREAS, the City has provided all record owners of the real property whose names and addresses appear on the last Kern County equalized assessment roll with notice and opportunity to appeaz 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 "C" and incorporated herein by reference; 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: The real property and the temporary construction easement are being acquired in order to construct a portion of the Project which will 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; 2. The City is authorized to acquire the real property and the temporary construction easement 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 real property and the temporary construction easement to be acquired aze attached in Exhibit "A" and Exhibit "B". A copy of Kern County Assessors Map No. 332-27 depicting the location of the property over which the TCE is being acquired is shown in Exhibit "D" attached hereto and incorporated herein by reference. -1- Resolution ofNecessity Resolution No. 200 - Property: A & A Land Company, LLC C:~Doaiments ud Sating+UCri+Wowe~City of BakerdkWU B A land CompsnyVtaolmion of Nae+dry.wpd o``gAKF9~ > ~ ~ m r- (~ Q ORIGINAL 4. The City of Bakersfield hereby finds, determines and declazes: (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 real property and the temporary construction easement described in this Resolution of Necessity and attached exhibits are 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 "C". 5. City staff is directed to take all necessary and appropriate actions to cazry 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 prepaze 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 "A" and "B". GLCDG is hereby further authorized to obtain such orders for immediate possession of the real property and the temporary construction easement. A warrant(s) shall be issued to the State Treasury Condemnation Fund as a condition of immediate possession. WHEREFORE, the following Resolution was passed and adopted this 21 ~` day of May, 2008, at Bakersfield, California, by a majority vote of the City Council of the City of Bakersfield. AYE• • C~~~ , U~JL! V N IlWv~-~ ABSTAIN: VYt7Y~Q ABSENT: ~je,(~, I'1Q~/y~, ~ LUU-G~l ~ ~Ci/V~~(7Y1 ~ ~a't~l,l.~.i Vcvn- ~ SC,~ ~ V v`.P~ ATTEST: PAMELA A. McCART APPRO AS TO FORM: ~~~ VIRG GENN O, City Attorney -2- Resolution o Necessity Reso ution No. 200 - Property: A & A Land Company, LLC C:~Documrnu u~d SeningAlCtit~Howe~Cib of aeken6eldU k. A Und Compe~etolution otNecaaty.wpd o``gAKF9~ T L ~ m r U Q ORIGINAL CERTIFICATE OF CITY CLERK I, PAMELA A. McCARTHY, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. ~'~~-pg passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the 21" day of May, 2008. PAMELA A. McCARTHY -3- Reso ution of Necessity Resolution No. 2008- Property: A & A Land Company, LL C:~Dowrtbnts and Setti~sVCria~l{owe~City of Bakers6eWW & A Land CompanyUtewlurion of Nexwry.~vpd o`` g ~ NF9~ y -r' F-- m r ~-' G ~~iGiNa~ EXHIBIT "A" o`` g A kF9~ -~, ~--- m c.~ O UF~IGINAL ' LEGAL DESCRIPT ION All that portion of Parcel 2 of Lot Line Adjustment 89-90, in the County of Ksm, State of Califoani a, according to Certificate of Compliance recorded January 25,1990, in book 6481 at Pagc 7b5, in the Office of the Kern County Recorder, more particularly described as follows: . Beginning at the point of intersection of the South line of said Parcel 2 with the East right of way line of Mohawk Street; . Thence (I} North 0' 02' 36" East, along said East right of way Iine, a distance of 659.89 feet to a paint on the North Iine of said Parcel 2; Thence (2) North 89' S9' 26" East, along said North line of Parcel 2, a distance of 25.53 fat; Thence (3) South 0' S4' 41" West, a distance of 35.28 feet, Thence (4) South 0' 02' 36" East, a distance of 624.62 feet to a poim oa ~c South line of said Parcel 2; Thence (S~ South 89' S9' 43" West, along the South line of said Pa_*ceI 2, a distaacx of 25.00 feet to the TRUE POINT OF BEiGINNINC~: Containing I fi,506.8 square feet, mono or less. Bald of Description ;. Page 1 of 2 prpROU!'DASIDreI1H>~TA- fl I-0ldos o`` 0 ~ KF,9cP T ~- m v ORIGINAL . ~ ~,~ /•rUStUALt •I'1ll~l'1YVf1 - uNE rAacE COURSE 8F,4R1NG DISTANCE 1 N00 02 36`E 659.89' 2 N89 59'26 `E 253' 3 SD054'41'W 328' 4 S00172'36 E 624.62' 5 S8959'43"W 25.00' i P08 2 of 2 PARCEL 2 LOT LINE 'ADJUSTMENT 89-90 ,\.>~ g A KF9~ m - r c~ p O>~IGINAL NORTH 1 /4 CDR SEC 27 29/27 ~ ne ~ . ~ ~ n ~7ri., n s EXHIBIT "B" ,~ OAKF ~. 9~ -- rn r '-' 4 C>-7iGINAL AA LAND COMPANY TEMPORARY CONSTRUCTION EASEMENT APN 332-260-21 A PORTION OF PARCEL 2 OF LOT L]NE ADJUSTMENT 89-90, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25,1990, IN BOOK 6481 AT PAGE 765, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 2, DISTANT 55.00 FEET EAST OF THE CENTERLINE OF MOWHAWK STREET: -THENCE (1) N 89°59'43"EON AND ALONG THE SOUTH LINE OF SAID PARCEL 2 A DISTANCE OF 91.88 FEET; THENCE (2) N 00°02'35" E, A DISTANCE OF 46.96 FEET; - THENCE (3) N 89°57'25" VJ, A DISTANCE OF 72.12 FEET; THENCE (4) N 00°02'35" E, A DISTANCE OF 310.67-FEET; THENCE (5) S 89°57'25" E, A DISTANCE OF 19.26 FEET; THENCE (6) N 00°02'35" E, A DISTANCE OF 66.00 FEET; THENCE (7) N 89°57'25" W, A DISTANCE OF 19.26 FEET; - THENCE (8) N 00°02'35" E, A DISTANCE OF 236.17 FEET, TO A POINT ON THE - NORTH LINE OF SAID PARCEL 2; - THENCE (9) S 89°59'26" W ON AND ALONG SAID NORTH LINE, A DISTANCE - OF 19.23 FEET, TO A POINT_ON THE EAST LINE OF MOHAWK STREET; - - THENCE (10) S 00°54'41"WON AND ALONGSAID E_A.ST LINE, A DISTANCE OF 35.27 FEET; THENCE (11) S 00°02'35" W ON AND ALONG SAID EAST LINE, A DISTANCE OF 624.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 17,689 SQUARE FEET, MORE OR LESS eQFIOFESSlp ~Q~ . RUFF! ~ rro. c,5989 ~ ~ .~'a.,~,~~ ~K ~A• 331-00 ,K f 2 - 7: V ~ 0 ~,~ Cfy1L ~!~ ~CF CAU~4` ~ ~AKF9 O. `s'-c~ ,_ • ~n r- c~ Oi~{UINr~1_ ~~G~N~ER * bi . ~ Q ~ o y _ _ ~ W ~ ~ ~ _~ U to W p q~ V ~ Z d Z w ~ ~ o ,~~'~ 2 W ° ~~~lsi~3a ~ S 4i ~ U h- y ~'~ ~ Q ~ ' • W ~ $o 2 R ~ j p ~ W Q ~ ~ Q W ~yZ~ ~~ ~ ~ ~W z v m•~ ` ` w >' ~! J ~~° ~>. e~ ~ ~ i;o~ o Z ~ Zoo w Q,. ~~~ ~~ ~N i~ ~ ~ J W ~ ~ m c~ eC Qa ~ ~ J Q ,~ m ~ • Q ~W ~Q~ a e to o~ ~`^ ~ a'~ ~ ~ ^ ~ ~ ~N ,Ll'9FZ 3 ,SF,~O N ,L9 0l£ 3 .SF ZLlO N ,09'ft9 M ,SE',ZQO S 133?I1S 11MVHO/Y • ~ ~ ~ a •3 I~ le O H I~ __~ g ~ O . O 2 . Exhibit D ~ • • _~ ~ ~ N o N N N Q - ~ 2 m W ;~ ~ m a W ;~ p A S z 3 N !~ ~ a W N h ~ ~ W ;~ Q O z ~ N h ~ a 3 N ~ ~ n 3 ;rt h o y ~` N ~ v~ ~n cp ~ W v ~'~ A KF9 F_ m r v p ORIGINAL EXHIBIT "C" ~~aKF9 o s, m ~_ r U O ORIGINAL ~I • _. - - . . B A K E R 5 F I E ~ L . D March 3, 2008 A & A Land Company, LLC Attn: Gunner Anderson 3075 Walnut Avenue Long Beach, CA 90807 Certified Mail -Return Receipt Requested Re: Westside Pazkway/Mohawk Grade Sepazation Projects -Revised Offer to Purchase Real Property - APN 332-270-21 Gentleman: As you know, we aze 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 Pazkway/Mohawk Grade Separation project (the "Project'. Due to the amount of time that has passed since the previous appraisal of your property, we have requested an updated valuation from the appraiser. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Ninety-Five Thousand Four Hundred dollars ($95,400) as total just compensation for acquisition of your properly and $604 per month for a Temporary Construction Easement (TCE) across your property. Attached for your information is: the Appraiser's Summary of the Basis for the Appraisal (Exhibit A); Certificate of Appraiser (Exhibit B); a legal description and plat of the azea to be acquired (Exhibit C); and a legal description and plat of the TCE azea (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 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 or your tenant may be entitled. The City anticipates project construction to take approximately 24 months, beginning late 2008. The TCE will be in effect only a portion of this time. You will be compensated for use of the City of Bakersfield Property Management Division • 1 501 Truxtun Avenue Bakersfield California • 93301 (661) 326-3061 Fax (661) 852-2042 prapertyC~bakersfieldcity.us o~P~A~F9 s~ F-- rn r-' cJ C O~IC~IN,'~,I A & A Land Company, LLC 394-07 March 3, 2008 Page 2 of 2 easement when adjacent construction has been completed, based upon the above TCE appraised value. 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. Please contact me at your earliest convenience to discuss the City's offer. I may be reached at 327-1969, ext. 214 or by email at snlane(n~rscivil.com Very truly yours, U Sheila K. Plane, Ruettgers & Schuler Civil Engineers Right of Way Agent cc: Donald M. Anderson, Real Property Manager -City of Bakersfield Theodore D. 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 o``gAKF9~ '- ~, ~ r V O ORIGINAL .._ ' CITY OF BAKERSFIELD ~ ~or»rmslvTl,c. EXHIBIT B APPRAISAL SUMIVIAR'Y STATEMENT ~" d0e1DfC°` ~m~ ~°`"' "'~"'°°° B-EX-lsA (REV 4/2002) . and pesuant b Gl'w7 Code 1798.2], it shall (Fong #) be kepi eaafidentiil in order to protect agiinct umufl~orrced diselos~ae. Dist. Co. Rte. P.M. Parcel No. Federal Aid Pro'ect No. Date Owner: AA Land Company Property Address: 2349 Parker Lane Locale: Bakersfield, California Date Acquired: N1A Property to be acquurd: 16,507 SF Part X All Total Property Area: 619 Acres, or 273,992 SF 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 Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the othex 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 far which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation tlmat 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 ~~gAKF~~ ~~ F_ Rl r- U r~ EXEIIBTT APPRAISAL SUMMARY STATEMENT (Cons) 8-EX-15A (REV 4/2002) (Form l~ Value of the Entire Property $ N/A Value of the property being acquired including the following improvements: Land: $ 74,282 Imps: $ 15,218 $ 89,500 Value of the remainder as part of the whole before the City's acquisition $ Value of the remainder as a separate parcel (cured) Severance Damages: $ Cost to Cure Damages: Total Damages: Benefits: N/A $ N/A N/A $ 5,895 $ N/A N/A The amount of any other compensation: $ N/A .NST COMPENSATION FOR ACQUISITION $ 95,395 Rounded To $ 95,400 Construction Contract Work rJF ~,AKE~r ,, ~__ r~ r- v O Of~IGiNAL. ' - ~- ' EXAIBIT APPRAISAL SUMMARY STATEMENT (Cons) 8-EX-15A (REV 4/2002) (F~ ~ BASIS OF VALUATION BASIC PROPERTY DATA Interest valued: Fee Simple Date of valuation: January 7, 2008 Applicable zoning: M-2, Medium Industrial Area to be acquired: 16,507 SF Highest and best use: Light to Medium Industrial Use G~urent use: Industrial Use n * '~ i-- r`ri r- c. J rj ~~R~ ~I{~~rRl_ r ~ E3~i7BIT - APPRAISAL SUIVIlVIARY STATEMENT (Coot) 8-EX-15A (REV 4/2002) (Form ~ THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACOUISTTION ONLY 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ N/A See attached sheet for principal transactions. 2. The cost approach is based in part on a replacement cost new of improvcmeats less depreciation. Cost infon~nation was obtained front cost service publications and/or lmowledgeable vendors. Total Replacement Cost New $ N/A Depreciation from all causes $ ( N/A) Value of Improvements in Place $ 15,218 Land (estimated by direct sales comparison) $ 74,282 Indicated value by Cost Approach $ 89,500 3. The income approach is based on an analysis of income and expenses to the property. Overall Capitalization Rate N/A Net Operating Income $ N/A Indicated value by Income Approach $ N/A ~~ ~~~F9 ,_ ~` __ m r c_~ p ~~~IGIN,IL . F~~:,~: ~ . EXFIIBIT' APPRAISAL SUMMARY STATEMENT (Conk) 8-EX-15A (REV 4/2002) (Form ~ LIST OB PRINCIPAL TRANSACTIONS -VACANT ADDRESS: North 7 acres of Lot 12 in Sec. 21, T29S/R27E APN: 452-030-14 SALE DATE: 10/10/05 SALE PRICE: $1,550,000 ADDRESS: Ptn SE'/. Sec. 14, T29S/R26E APN: 529-012-07 SALE DATE: 03/21/06 SALE PRICE: $1,485,500 ADDRESS: Ptn NVJ'/. Sec. 7, T29S/R28E APN: 118-030-06 SALE DATE: 06/20/06 SALE PRICE: $925,000 ADDRESS: N'/a Lot 17 in Sec. 21, T29S/R27E APN: 452-070-35 SALE DATE: 07/07/06 SALE PRICE: $2,000,000 ADDRESS: Ptn NW'/. Scc. 21, T29S/R27E APN: 452-030-03 SALE DATE: 01/16/07 SALE PRICE: $310,000 ADDRESS: W% of NE'/, Sec. 28, T29S/R27E APN: 368-050-14 SALE DATE: 01/24/07 SALE PRICE: $1,350,000 ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ,-_ ~,, ~' o o~~A~F9cn ORIGI~'rii_ ,. APPRAISAL SUMIYIARY STATEMENT (Coot) (Form #) EXI~TT 8-EX-15A (REV 4/2002) LIST OF PRINCIPAL TRANSACTIONS -IMPROVED 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: N/A ~~, A {; ,c ~_;' ~,~~ rn r Q APPRAISAL SUMMARY STATEMENT (Cont) ~~ ~ EXHIBIT B-EX-ISA (REV 4/2002) AREAS WITHIN THE RIGHT OF WAY Sub-parcel Area N/A Total Area =16,507 SF IlVIPROVEMENTS WITHW THE RIGHT OF WAY Item Siu Fencing 665 LF Landscaping Shrubs 66 Lump Sum Total = $89,500 (Round) O~ ~ A NF9~ r-- n U O ORiG(NnL BXI~IT APPRAISAL SUMMARY STATEMENT (Cont) s-~x-isA (xEV anoo2) ~~ ~ COST TO CURE DAMAGE ITEMS Item Overhead Sign N/A Chain Link Gate as' Lump Sum Total = $s,89s Size ~~~A~~~~ T ., ~ r ~% O -'3~Gl~h,E_ ' EXI~IlBTT APPRAISAL SUMMARY STATEMENT (Cond.) s->x-1sA (REV 4/2002~~ ~o~ ~ CONSTRUCTION CONTRACT WORK ITEMS 1. N/A 2. 3. 4. s. 6. 7. 8. 9. 10. 11. 12. n~~~K~~, ~_ r=: ~. v t STATE OF CAtiFOf~NIk • DEPkfiTl~!>:1JT OF TApI~1SPORTP.T101J SiJMMARY OF SEVERANCE DAfJIAGES AND BEN~FrfS RU~+7-72(AL-V 912DD2) A Value of ihevrhole before acauisiiion: Land Improvements B. Value of the oars acquired as Dart of the whole: Land, including easements acquired improvements C. Value of the remainder as Dart of the vahole: $ N/A $ N/A $' N/A $ 89, 500 $ 74 , 282 _-_ ~ 15,218 (Linn A less lane i3) $ N / A Lard, including areas encumbered by easements acquired $ N/ A lmprgvements $ N/A D. Value of tits remainder after the acguisiTion and before consideration of benefits: $ N/A lend, including areas encumbered by aasemer;ts acquired $ N/ A Improvements ~ $ N A E Severance Damaoes Land Improvements F. Value of the remainder after the acguisi8on and after considering benefits: $ N/A Land, including areas encumbered by easements acquired ~ N/ A ~ N/A improvements G. Benefits: {Lute F Tess Line D) N/A Land Improvements $ N/A . $ N/A Net Damaiaes or Net Benefits {difference between Llnes F & G) $ N/A ADA N o1iCe Far ind~vlCUals vtNh sensory . this dowment k ava8able inaltamats. Fcr inlormetion call (bye) X4.5419 Voice, . CRS: y ~BDD-T3S2B~ orw~ie Alyht of Way, y120 N Slreei, WiS-37, Sxciamenlo. CA 858'f 4. ~ ~Ak~ri o ~• r- ~" v c ORIGiN!~„_ {Line C less line D) $ N / A $ N/A $ N A STATE OF CALlFORN1A • DEPARTlNENT OF TRAIJSPORTATIOIJ CERTIFICATE 0~' APPRAISER RW 1-6 {REV 6/2t3D3) otsrwcT Nu. 1 }Iereby f :Cl'fl~r That 1 ha~re personally inspected the properly herein appraised and that the property owner has' been af~'orded as opportunity to be present at. the tiaue of flee inspection. A persona) geld inspe~ion of the comparable sales relied upon in making said appraisal has also been made. The subjeci~ and the comparable sales relied upon in making sand appraisal were as represented by the photographs contained in sat d appraisal. That to the best of my lmowletige and belief, the statements coniamed in tt~e appraisal herein seL forth are true, and the information upon which the opinions expressed fiherein are based is correct, subject to limiii~ conditions therein set forth That i understand that such appraisal is to be used in connr~etion with the acquisition of right of way for a highway to be constructed by the State of California with the assistance ofFederal-aid highway funds, or . other Federal funds. That such appraisal leas been made in conformity with the appropriate State laws, Title VI of Lhe 1954 ~vd Rights Act, and regulations, policies and procedures applicable i.o appraisal of ~ of way foY 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 Stale. Thai: neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein, That I have no direct or indirect present or contemplated firture personal inteaest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings aad results of such appraisal to anyone athea than the proper officials of the Califoma Department of Transportation or officials of the Federal Highway ,1,;1,~ctr,>bon and I will not do so until so authorized by State officials, or until I am required ~ do so by due process of law, or until I am released from this obligation by hairing publicly testified as to such findings. That my opinion of the total fair market value 3,G shown on umm rX ~ch~et- includEd in, this report and made a part hereof by reference, as of the 7th any o f - January , 20 0 8 ~ ~ $ N/A ;and that such conclusion was derived without collusion, coercion or direction as in value. ~- - Si 'R Merr' an, MAI _SRA__ - ----- -~ -- - - ... - ...-_ ....----._-... Cert. AG006809 n ~.,/ ~ ~ ./ 0-R Date ~ ' AflA Notice For individuak wRh diw6Aifies, this document b a•.:daWe In atiemahimmats. Far information o11 (816) 654-5413 Vcica, G~tS: 1-804785-?929, ar wr8e t31QM d Way,1120 N Street, MS-37, Sacramento, CA 95814. ': `aA~~A Exhibit B ~" "~ F:~ r CJ (, ORI~I(~,'r:! LEGAL DESCRIPTION All that portion of Paicc] 2 of Lot Line Adjustment 89-90, in the County of Bern, State of California, according to Certificate of Compliance recorded January 25,1990, in book 548I at Page 765, in the Office of the gern County Recorder, more particularly described as follows: . Beginning at the point of iatrasection of the South 1uu of said Parcel 2 with the East right of way line of Mohawk Street; . Thence (I) North 0' 02' 36" £sst, along said East right of way line, a distance of 659.89 feet to a paint on the North line of said Parcel 2; Thence (2) North 89' S9' 26" East, along said North Line of Parcel 2, a distance of . 2553 feet; Thence (3) South 0' S4' 4i" West, a distancx of 35.28 feet; Thence (4) South 0' 02' 36" East, a distance of 624.62 feet to a point on ~c South fine of said Parxl 2; i Thence (5) South 89' S9' ~3° West, along the South line of said Parcel 2, a distance of 25.00 feet m the'IRUE POINT OF BP•GINNING. Containing i 6,506.8 square feet. more or less. Bad of Description ~. . ~/'~ : 33a • ~~ Tel Page 1 of 2 G9mtOUlDA71An6ID~011TA• F11.41doe Exhibit C ~~~~~~ ,-, .~ ~~, ~J r- fj ,~P~: 33a-ate-~I ROSEDAL.E ~HI GHWA Y ~~ ~-- NORTH 1/4 CDR SEC 27 29/27 LINE TABLE COURSE BE4RlNG DISTANCE 1 N00~2'36"E 659.89' 2 N89 59'26"E 2x53' 3 50054'41 "W 35.28' 4 S00~2'3S E 624.62' 5 58939.'43"W 25.00' POB 2 of 2 c~,A~,F~ ~? C) ' ~~ j- r: t r- ~' ~~ . `' AA LAND COMPANY TEMPORARY CONSTRUCTION EASEMENT APN 332-260-21 A PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT 89-90, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25,1990, IN BOOK 6481 AT PAGE 765, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIlvZv~Il~TG AT A POINT ON THE SOUTH LINE OF SAID PARCEL 2, DISTANT 55.00 FEET EAST OF THE CENTERLINE OF MOWHAWK STREET: .THENCE (1) N 89°59'43"EON AND ALONG THE SOUTH LINE OF SAID PARCEL 2 A DISTANCE OF 91.88 FEET; THENCE (2) N 00°02'35" E, A DISTANCE OF 46.96 FEET; THENCE (3) N 89°57'25" W, A DISTANCE OF 72.12 FEET; THENCE (4) N 00°02'35" E, A DISTANCE OF 310.67 FEET; THENCE (5) S 89°57'25" E, A DISTANCE OF 19.26 FEET; THENCE (6) N 00°02'35" E, A DISTANCE OF 66.00 FEET; THENCE (7) N 89°57'25" W, A DISTANCE OF 19.26 FEET; THENCE (8) N 00°02'35" E, A DISTANCE OF 236.17 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE (9) S 89°59'26"WON AND ALONG SAID NORTH LINE, A DISTANCE OF 19.23 FEET, TO A POINT.ON THE EAST LINE OF MOHAWK . STREET; THENCE (10) S 00°54`41"WON AND ALONG•SAID EAST LINE, A DISTANCE OF 35.27 FEET; THENCE (11) S 00°02'35"WON AND ALONG SAID EAST LINE, A DISTANCE OF 624.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 17,689 SQUARE FEET, MORE OR LESS ~Q~aFES~ro ~~`~ F. RUF ~! Q P r~~~~ ~ rte. 3at-~ ,~ 1 Z - 7: v ~ (J ~~~ F,CAI~~~P Exhibit D ~gAKF~ r~ ~ "~+ f=- ~ m v o OR9GINA~ J v ~ ~ o N N o N N ~- U ~ ~ ' ~ ~ ~ h O o~ ~ - Q W W ~ W ~u 3 3 3 ~ ~ m' ~ W m ~ o~ 2 ~ o 2 N o, 2 N o, ~ !~~ gz N a 2 N a y o y 2 W j .~ N ~ tt u~ ~o ~ 00 J V z N ~~ ~ N I Z ~' Q OZ. J Q Q `NE~ * ~G b ~ T ~ /~ ~ ~ i ~ C a coo W "o 'qq` n V ~ ~ 2 ~ ~ ~P~ o~ S ~ p ~'~1 ti W S/~ ~c ~' J 3b ~ a ~ ~O r ~ W p~ a J ~ ~ go z e ~ p cn ~ W ~ o ~ Q~ i m ~ N ~ ~. l W~~ ~: Q I 4 ~ zoo i ~~2 ~ m Z~~ m ~ ti ^ NO V ~ ~ ~ N~ ~ ~ ~~ a'~ fri ~ ~y ,L9 OlF 3 ,Sf,ZQO N ~5'F'.ZRD S I~ W ~e 1332L(S NMb'NO/Y l'9FZ 3 Exhibit D W -~~° . o z T a K`~9 n -,, f-- f'l (/ Cj Or`~lG1~~1,'~L EXHIBIT "D" O~~PK~9`~-~ >- "m F- r v ~ a N N m N N O N 3 a Z O EW iW ;N i~ ~N ~J a O r v O rn ~$ ~_ e :g-:; 4: ":'' .~g~ e Da: ~s~g ~;a a e$g =$~ rn m O a3a.aD ~ ~ c O oI w ~ ~ a AN ~ ~, 6 a ~, g Nl = ,rJO a ~ r ,. ti N p 4 ~ a ` m h g a ~ ~ ~ ~ 2zo m ., ~ -' a iso ~ .. iao _ n ~4 ~Ic~' y m ~ ~ N M .: ~ $ ro n ~7 $ PAR:!£R i ~$ L ANE o ~ ~`' e zsa eD aoo N I a {~ p OU ~ 4 4 ~ L+ 4 ' ti °b ~ ~ Q ~ o ~~ ~ q ~ JSD. o T d S. F, i 65 D. B- __ ~~ R. R. $ ~ o A ~~ a 'k~~_-- w w ro J r 0 N P° J ~O C1 ~ N~ J N= ~ --I (./> (_ ~~ J ~~ I~ to C~ S 0 O r g .N~ rn N t ~~AKF9 ,> ~M ~_ ~- ~_:~ r~ GR;GIfv;L NOTICE O)"' iNTF,NT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN TEMPORARY CONSTRUCTION EASEMF,NT BY EMINENT DOMAIN To: A & A Land Company, LLC Atten: Gunner Anderson 3035 Walnut Avenue Long Beach, CA 90807 RE: APN 332-270-21 2349 Parker Lane Bakersfield, CA California law provides that a public agency may exercise the power of eminent domain to acquire property and a temporary construction. easement aver your property for a proposed public project if the fallowing conditions are met: 1. The public interest and necessity require the project; 2. The project is planned and located in the manner that will be the mast compatible with the greatest public good and the least private injury, 3. The property interest sought to be acquired. is necessary for the project; 4. The offer required by California Government Code section. 7267.2 has been made to the owner of record. You are hereby notified that the City of Bakersfield, at a meeting to be held on May 21, 2(108, at 6:30 p.m., or a sawn thereafter as the matter may be heard, in the City Council Chambers at 1 SO1 Truxtun Avenge, Bakersfield, California, will decide .whether these conditions are met concerning your property and, if it decides that the conditions are met, will consider adopting a Resolution of Necessity pursuant to California Code of Civil Procedure sections 1245.220 and 1245.230 and California Government Code section 3S3S0..5. The Resolution of Necessity, if adapted, will authorize the City of Bakersfield to acquire a portion of your property and a temporary construction easement aver a portion of your property by eminent domain. A description of the subject portion of your property and the temporary construction easement to be acquired are attached to the proposed Resolution of Necessity. The; proposed Resolution of Necessity is attached to this Native as Exhibit "1 ". The proposed public use is for public transportation, health, and safety purposes for the Westside Parkway Project, specifically, the Mohawk Grade Separation Project. You have the right to appear at the meeting and be heard an the conditions listed above if you file a written request to appear and be heard within fifteen (IS) days after the dale this Notice was served/mailed to you. Your written request to appear and be heard must be submitted to the Clerk of the City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California 93301. If you mail your written request, it must be actually received by the Clerk within fifteen (1S) days after the date this Norice was served mailed to you.. The date this Notice was scrved/mailed to you appears at the end of this Notice. ~gAKF9 ~~ s~ ~_- r~ r v G ORIGINAL If you are unable to appear at the meeting but would Like the Gity of Bakersfield to consider your comments, concerns or objections, you may submit them in writing to the Clerk of the City of Bakersfield at the address specified above. Any written comments, concerns or objections that you want the City of Bakersfield to consider at the meeting must be actually received by the Clerk na later than fifteen (15) days after the date this Notice was served/mailed to you. If you do not file a written request to appear and be beard within Fifteen (15) days after the date this Notice was served/mailed to you, you +tvill waive your right to appear and be heard at the meeting. In said. event the matter will be placed. on the Consent Calender and will be acted on at 6:30 p.m., on May 21, 2048, or a soon thereafter as the matter may be heard. The City of Bakersfield cannot commence an eminent domain proceeding to acquire a portion of your property un}ess it first adopts a Resolution of Necessity pursuant to California Code of Civil. Procedure sections 124.5.220 .and 1245.23Q. If the City of Bakersfield adopts a Resolution of Necessity, it will commence an eminent domain proceeding within six (6) months of the adoption of the Resolution of Necessity. The eminent domain. proceeding will commence in the Kern County Superior Court. The amount of just compensation that you will be entitled to for the acquisition of a portion of your property will be determined in that proceeding. The City of Bakersfield will not consider the amount of just compensation to be paid to you at the meeting an May 21, 2008. l f you have any questions,. please call Donald M. Anderson at (66 ]) 326-3061. DATED AND SERVED/MAILED ON MAY .~., 204$. I~b~-,.~1`.. Q Pamela A. McCarthy, CMC City Clerk, City of Bakersfield Attachments: Resolution of Necessity and attachments thereto. ~P~F9 O~ ~', i= m U ~ ORIGVNAL EXHIBIT "1" o~ ~AKF9 _ -,, ~- f"i r C ORIGINAL CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF REL PROPERTY ANDA CERTAIN TEMPORARY CONSTRUCTION EASEMENT OVER CERTAIN REAL PROPERTY (California Code of Civil Procedure section 1245.230) Resolution No. 2008- WHEREAS, 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, 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 and a certain temporary construction easement over certain real property situated between the Cross Valley Canal and Kern River in Bakersfield, California, and more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference, be acquired for public roadway purposes for the Project; and, WHEREAS, the City has provided all record owners of the real 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 "C"and incorporated herein by reference; 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: The real property and the temporary construction easement are being acquired in order to construct a portion of the Project which will improve traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue azea business district and Rosedale Highway, to connect existing streets and to promote the public welfare and safety; 2. The City is authorized to acquire the real property and the temporary construction easement 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 real property and the temporary construction easement to be acquired aze attached in Exhibit "A" and Exhibit "B". A copy of Kern County Assessors Map No. 332-27 depicting the location of the property over which the TCE is being acquired is shown in Exhibit "D" attached hereto and incorporated herein by reference. -1- Reso ution of Necessity Resolution No. 20 8- Property: A 8c ALand Company, LLZ` C:~Dowments ud Setting~~ICritWowe~City ofBaku~fieldU & A Gnd Conp~ny~RaoluUon ofNaewry.wpl o``~AKF9 ~- r- U O ORIGINI'~L 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 real property and the temporary construction easement described in this Resolution of Necessity and attached exhibits are 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 "C". 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 "A" and "B". GLCDG is hereby further authorized to obtain such orders for immediate possession of the real property and the temporary construction easement. A warrant(s) shall be issued to the State Treasury Condemnation Fund as a condition of immediate possession. WHEREFORE, the following Resolution was passed and adopted this 21'` day of May, 2008, at Bakersfield, California, by a majority vote of the City Council of the City of Bakersfield. AYES: NOS: ABSTAIN: ABSENT: HARVEY L. HALL, MAYOR ATTEST: PAMELA A. McCARTHY APPROVED AS TO FORM: VIRGINA GENNARO, City Attorney -2- ResoluUon o Necessity Resolution No. 2 8- Property: A & A Land Company, LLC C:~Doammu eM SettingsUCrisViowe~Ciry of Bekenf~eldU & A Lend CompenyVteeoludon of Nexuiry.wpd 0 A ~`F `~ ~s ~~ T ~- ~-, ~- ~- Oi~iG!(~" ^Ei_ CERTIFICATE OF CITY CLERK I, PAMELA A. McCARTHY, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 2008 ___, passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the 21 u day of May, 2008. PAMELA A. McCARTHY -3- Reso ution o Necessity Resolution No. 2 08- Property: A & A Land Company, LLC << ~' ~ ~F9 C:~D000tnrnts tud SeltingsVCrisUlowe~City of Bdcerd'iddW & A 4nd CompurylRadution of Neceuity.wpd C_) ~„n ~^ r' c~ O !:~i=tlGlf~l~L EXHIBIT "A" o~ ~' A ~F9~ F__ f.l r- ~~ ~ C7RIGiN1kL LEGAL DESCRIPTION ~, i /.~ }~ Ld~t~f~ vo ' AIl that portion of Pancc) 2 of Lot Line Adjustment 89-90, in the County of Kem, State of California, according to Certificate of CompIiaaec r~ceorded ranuaty 25,1990, in boo>c 5481 at Pagc 765, in the Office of the Kern County Recorder, more particularly described as follows: ' Beginning at the point of intea~secbion of the South line of said Parcel 2 with the East right of way line of Mohawk Street; Thence (1) North 0' 02' 36" East, along said East right of way line, a distance of 659.89 ferx to a point on the North line of said Parcel 2; Thence (2) North 89' S9' 26" fit, along said North }ine of Parcel 2, a distance of . 2553 feet; Thence (3) South 0' S4' 4i" West, a distance of 35.28 feet; Thence (4) South 0' 02' 36" East, a distaace of 624.62 feet bo a point on the South line of said Paroel2; Thence (5) South 89' S9' 43" West, along the South line of said P~ce12, a distance of 25.00 feet to the TRUE POINT OF BEGEVIgII~TG. Containing 16,506.8 square feet. morn or less. Ead of Description A/~ti~ 33a•~~~~ ~Pagc 1 of 2 A-F1l-0Ldoa ~~,aKF9 ~ sT { ~' m ~' r <_~ O ORlGlt`JI;L /I ne i . -~ ~ .. ~~ _ _ _ NORTH 1/4 CDR SEC 27 29/27 UNE TABLE COURSE I BEARING D/STANG~' 1 N00~2 :36"E 659.89' 2 N8959'26`E 25.53' 3 500 X4'41 `W 328' 4 SOD7J2'36 E 624.62' 5 589 59.'43"W 25.00' i POB I~ 1 i f i 1 i I i ~~ ~+ ~~ ~~ =I 0 ~i 1 I ~. 2 of 2 `~ o PARCEL 2 LOT UNE 'ADJUSTMENT 89-90 ~. ~. ~ ~~ y-- rn ~- c> c1 G~?; (; iNAt~ EXHIBIT "B" }~.F o~ ~ ~~- -' rJ ~~i =3~~~~~;~~ -- AA LAND COMPANY TEMPORARY CONSTRUCTION EASEMENT APN 332-260-21 A PORTION OF PARCEL 2 OF LOT LINE ADJUSTM~I'f 89-90, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25,1990, IN BOOK 6481 AT PAGE 765, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 2, DISTANT 55.00 FEET EAST OF THE CENTERLINE OF MOWHAWK STREET: .THENCE (1) N 89°59'43" E ON AND ALONG THE SOUTH LINE OF SAID PARCEL 2 A DISTANCE OF 91.88 FEET; THENCE (2) N 00°02'35" E, A DISTANCE OF 46.96 FEET; THENCE (3) N 89°57'25" W, A DISTANCE OF 72.12 FEET; THENCE (4) N 00°02'35" E, A DISTANCE OF 310.67•FEET; THENCE (5) S 89°57'25" E, A DISTANCE OF 19.26 FEET; THENCE (6) N 00°02'35" E, A DISTANCE OF 66.00 FEET; THENCE (7) N 89°57'25" W, A DISTANCE OF 19.26 FEET; " THENCE (8) N 00°02'35" E, A DISTANCE OF 236.17 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; • THENCE (9) S 89°59'26"WON AND ALONG SAID NORTH I,1NE, A DISTANCE OF 19.23 FEET, TO A POINT"ON THE EAST LINE OF MOHAWK STREET; THENCE (10) S 00°54'41 " W ON AND ALONG SAID EAST LINE, A DISTANCE OF 35.27 FEET; THENCE (11) S 00°02'35" W ON AND ALONG SAID EAST LINE, A DISTANCE OF 624.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAII~iING 17,689 SQUARE FEET, MORE OR LESS QROFESS/p ~~~~ F. RU~c~~l~~ . ur fi ~ Ho. C 1536p 9 ~ .~µ,~yilyd ~ Ems. 331-0p ,~ 12 - 7: v' ~,~ CMt, ~~. " ~CF CAU~~ -n ~--- n U Q GR,GIt~tAL _ ~ b W V p o, °~' ~ ^~ n N ~' ~ ~ N ~ N ~' N Q ~ W_ m ~ m W ~ ~ 2 i.~ ,~~) QP O 2 3 N '~~ ~ 2 4d N ! ~ ~ h W .'~~ OpWN O Z ~ N ~ ~ 2 3e N iii ~ ~ 3 !~ O H ti 2 W ~ ~ N ~ tl' h co r~ Q~ ~ V Z ~ N ~~ V N I N Z' J Q '~ ~~ Q NO ~~ Q ~W I ~j N i `~ 3 I~ (~ I ~ Exhibit D A ~ 1z O J ~ ~ ~ W ~W ~ ~o ~~ m ~ 2 H i' j O ~ ~ Z W R ~ U ~ W l~ ~ m y e W~o°~ ~e~ ~ ~a~ ~ H ~ ~ ~ J W ~ U d O- 4 w O~a~ ~ S~? 1s~~3a ~ ~ 0 r' c a V Z ~ ~ ~~Z Q 2 ~~~ m~e W N~ ~g~ y2a~o QQ. n o l'9FZ 3 ,SF;ZO N ,L9 OlF 3 ~S£;ZQO N ,09~Z9 M ,SF,ZQO S 133?!1S NMVHOIY W J -~ ~ ~ ~' ~~g ~~ ~c~ -r. ~_ ~, ~-~ G Qf~~~~~~~/~~ EXHIBIT "C" gAKF y ~ !`- r ci b C~RIGI~J~.L_ V ~ ~ __ _ • _ / B A r K E R S F I E L D March 3, 2008 A & A Land Company, LLC Attn: Gunner Anderson 3075 Walnut Avenue Long Beach, CA 90807 Certified Mail -Return Receipt Requested Re: Westside Parkway/Mohawk Grade Separation Projects -Revised Offer to Purchase Real Property - APN 332-270-21 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 Parkway/Mohawk Grade Separation project (the "Project"). Due to the amount of time that has passed since the previous appraisal of your property, we have requested an updated valuation from the appraiser. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Ninety-Five Thousand Four Hundred dollars ($95,400) as total just compensation for acquisition of your property and $604 per month for a Temporary Construction Easement (TCE) across your property. Attached for your information is: the Appraiser's Summary of the Basis for the Appraisal (Exhibit A); Certificate of Appraiser (Exhibit B); a legal description and plat of the area to be acquired (Exhibit C); and a legal description and plat of the TCE area (Exhibit D). The above offer represents the full amount believed by the City to be just compensation for your property as determined by Kaipe Fisher Merriman Inc., an independent real estate appraiser. The Cites determination of just compensation for the real property to be acquired is based upon an inspection of the property, sales of compazable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair mazket 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 or your tenant may be entitled. The City anticipates project construction to take approximately 24 months, beginning late 2008. The TCE will be in effect only a portion of this time. You will be compensated for use of the City of Bakersfield Property Management Division • 1501 Truxtun Avenue Bakersfield California • 93301 (661) 326-3061 Fax (661) 852-2042 propertyC~bakersfieldcity.us ,j aAKF9 ,J ~~ ~~ - ~- ~J 1i/~In A & A Land Compaay, LLC 394-07 March 3, 20Q8 Page 2 of 2 easement when adjacent construction has been completed, based upon the above TCE appraised value. 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. Please contact me at your earliest convenience to discuss the City's offer. I may be reached at 327-1969, ext. 214 or by email at splane(a~,rscivil.com Very truly yours, ' ~ V Sheila K. Plane, Ruettgers & Schuler Civil Engineers Right of Way Agent 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 • 1501 Truxtun Avenue Bakersfield • California • 93301 (661) 326-3061 Fax (661) 852-2042 propertyC~bakersfieidcity.us .t ~ ~ ~F9 O ~ t ... ~ r <~ ~ ,.. , ... CITY OF BAKERSFIELD APPRAISAL SUMMARY STATEMENT ~~ ~ coNmnaNTr~. EXIiIBIT B Tlua doc~mirnt conbias persorul6iforrtmtiom 8-EX-ISA (REV 4/2002) ~a ptaswnt ~ Ly~~ Cow t~sssr, it eh~ll be keys confidenta] in order to protect raaiaa muumorized discloswe. Dist. Co. Rte. P.M. Parcel No. Federal Aid Pro'ect No. Date Owner: AA Land Company Property Address: 2349 Parker Lane Locale: Bakersfield, California Date Acquired: N/A Property to be acquired: 16,507 SF Part X All Total Property Area: 629 Acres, or 273,992 SF 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 C7vi1 Procedure Section 1263320 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready. willing, and able to buy but under no particular necessity for so doing, each dealing with the other with frill knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as detem~iaed 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 zo++~?, development potential and the income the property is capable of producing. Exhibit A o~ ~ A kF9~ ~. ~, r ~% O O(~IGiN6~~ ~.~~,:~. APPRAISAL SUMMARY STATEMENT (Cont) (Form q) ~:'" EXHIBTT 8-EX-15A (REV 4/2002) Value of the Entire Property $ N/A Value of the property being acquired including the following improvements: Land: $ 74,282 Imps: $ 15,218 $ 89,500 Value of the remainder as part of the whole before the City's acquisition $ Value of the remainder as a separate parcel (cured) N/A $ N/A Severaace Damages: $ N/A Cost to Cure Damages: $ 5,895 Total Damages: $ N/A Benefits: $ N/A The amount of any other compensation: $ N/A JUST COMPENSATION FOR ACQUISITION $ 95,395 Rounded To $ 95,400 Construction Contract Work ?'hk<~ %n ~ti E-- ~., r ~-~ r7 . `~'~: f'vAL - ~~,~~.: BXI~IZ' APPRAISAL SUMMARY STATEMENT (Cont) 8-EX-15A (REV 4/2002) (F~ ~ BASIS OF VALUATION BASIC PROPERTY DATA Interest valued: Fee Simple Date of valuation: January 7, 2008 Applicable zoning: Area to be acquired: M-2, Medium Industrial 16,507 SF Highest and best use: Light to Medium Industrial Use Current use: Industrial Use ~gAk~~ 0 4 ~= ~ ~_ ~, Cry 1 G 1 t~?.r:,'_ APPRAISAL SUMMARY STATEMENT (Cant) (Form ~ ~'~ EXF~TT B-EX-15A (REV 4/2002) THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ N/A See attached sheet for principal transactions. 2. The cost approach is based in part on a replacement cost new of improvements less depreciation. Cost information was obtained from cost service publications and/or Imowledgeable vendors. Total Replacement Cost New $ N/A Depreciation from all causes $ ( N/A) Value of Improvements in Place $ 15,218 Land (estimated by direct sales comparison) $ 74,282 Indicated value by Cost Approach $ 89,500 3. The income approach is based on an analysis ofincome and expenses to the property. Overall Capitalization Rate N/A Net Operating Income $ NIA Indicated value by Income Approach $ N/A ~ ~A{~`c ~ ~, ,_ -~ ~ r-, ~~ ~_ 0 Oi?iGIt~JAL EXI3TBIT APPRAISAL SUMMARY STATEMENT (Cont.) s-Ex-1sA (xEV 4/2002) (Form #) LIST OBPRINCIPALTRANSACTIONS -VACANT ADDRESS: North 7 acres of Lot 12 in Sec. 21, T29S/R27E APN: 452-030-14 SALE DATE: 10/10/OS SALE PRICE: $1,550,000 ADDRESS: Pta SE ;Sec. 14, T29S/R26E ~'N: 529-Oil-07 SALE DATE: 03/21/06 SALE PRICE: $1,485,500 ADDRESS: Ptn NW'/, Sec. 7, T29S/R28E APN: 118-030-06 SALE DATE: 06/20/06 SALE PRICE: $925,000 ADDRESS: N''/2 Lot 17 in Sec. 21, T29S/R27E APN: 452-070-35 SALE DATE: 07/07/06 SALE PRICE: $2,000,000 ADDRESS: Pta NW'/, Sec. 21, T29S/R27E APN: 452-030-03 SALE DATE: 01/16/07 SALE PRICE: $310,000 ADDRESS: W % of NE'/, Sec. 28, T29S/R27E APN: 368-OSO-i4 SALE DATE: Oi/24/07 SALE PRICE: $1,350,000 ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ~= ~~, ,-- O EXI~TT APPRAISAL SUMMARY STATEMENT (Coat) 8-EX-15A (REV 4/2002) ~~ ~ LLST OF PRIlVCIPAL 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: < p~Af~~ ``'~ ~=- ~_ r- r,~ U r v GF„G(~dt~,L E3(FIIBTT APPRAISAL SUMMARY STATEMENT (Conk) 8-EX-15A (REV 4/2002) ~~ ~ AREAS WITHIN THE RIGHT OF WAY Sub-parcel N/A Total Area =16,507 SF Area IlVIPROVEMENTS WITHIN THE RIGHT OF WAY Item Size Fencing ~ 665 LF Landscaping Shrubs 66 Lump Sum Total = $89,500 (Round ~'~ ~F U< A ~~ F-- ~~ ~:_ ~ir+~ APPRAISAL SUMMARY STATEMENT (Cont.) (Form ~ EXHIBIT 8-EX-15A (REV 4f2002) COST TO CURE DAMAGE ITEMS Item Size Overhead Sign N/A Chaia Link Gate 45' Lump Sum Total = $5,895 ~~~ ~ r_ (` ~~' ~ii'r J . . EXI~TT APPRAISAL SUMMARY STATEMENT (Conk) s-Ex-1sA (xEV42002) Cry ~ CONSTRUCTION CONTRACT WORK TTEMS 1. N/A a. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. L -rt f; r- STA7E OF CAUFOANIA • DEPAFIT)J~FJJT Of 7AAhiSP013Tf~J10N SUMMARY OE SEVERANCE DAMAGES AND BENEFITS RW 7-72 (RLV 9/20Q2) A. Value of the•whole before acaui~iGtin' Land improvements , B. Value of the par! acquired as Dari of the v/hole: Land, including easements acquired improvements $ N/A $ N/A $~' N/A $ 89 , 500 $ 74 , 282 ___ $ 15,218 C. Value of the remainder as cart of the mfiofe- (Line A less Line 8) $ N/ A Land, including areas encumbered by easements acquued $ N/A improvements $ N l A D. Value of the remainder alter the acquisition and before consideration of benefits; $ N/A Land, including areas encumbered by easements acquired $ N/'~°' improvements ~ N A 1= Severance Damaoes {Line C Tess tine D) $ N/A Land $ N/ A ' improvements $ N/ A F. Vafus of the remainder after the acquisition and after consyderino benefits: $ N/A Land, including areas encumbered byeasements acquired $ N/ A Improvements $ N/A ~ ~~~ (#~ F less Linn D) ~ N / A Land $ N/ A Improvements $ N/A Net Damages or Net Benefits (difference between Lines l= & G) $ N/A ADA N once For irKLviduals with sensory d{sahiBNes, 9iis docurnerd is a~a9aMe tna~ iorraels. For intorrrm`.ion caD {816) ta543413 Voce, . I;RS: I.BDD-7352929 a wrik RIph1 of Way. 11~ N Street, lulS-37, Sacramerdo. C!+ 85814 ~ v^ .,c C)~ `9,, ~ ~.•~ ~._. ~-~ rj r- G,~~.. ~ "~II~ STATE OF CALJFORNIA • DEPARTMENT of TRANSPORTATION CERTIFICATE OF APPRAISER RW 7-G {REV 6/2003) D I£7R1C7 Na 1 Hereby Cerlafy: That I hava personally inspected the property herein appraised ai3d that the property owner has' been af~'orded an opportunity to be present ai the Buie of the inspection. A persona.) freld inspection of the comparable sales relied upon in making said appraisal has also been made. The subjeci• and the comparable saxes relied upon in n7a]cing said appraisal were as represented by the photographs contained in said appraisal. 'T'hai to the best of my knowledge and belief, the siatemeuts contained in the appraisal herein set forth are true, and the in1'ormaiion upon which the opinions expressed therein are based is correct, subject to l;n,ii;ng conditions therein 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 constructed by the Stag of California with the assistance of Federal-aid highway funds, or . other Federal funds. That such appraisal has been made in confom~ity with the appropriate State laws, Title VI of the 1954 GYvil Rights Act, and regulations, policies and procedures applicable to appraisal of of way for such purposes; and that to the best of my knowleda°e no portion of the value assigned to such property consists of items which aze noncompensable under the established law of said State. That neither my employment nor my coa3pensation for maLina this appraisal and report aze in any way ' contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Califomia Department of Transportation or officials of the Federal highway A~m~n~~+~.on and i will not do so until so authorized. by State officials, or until I am required ~ do so by due process of law, or until I aai released front this obligation by having publicly testified as to such findings. That my opinion of the total fair market value as shown nn sLmmar~r GhPet included in. #his sport and made a part hereof by reference, as of the 7th day of January , 20 0 8 ~ ~ $ N/A ;and that such conclusion was derived without collusion, coercion or direction as to value. ~ ~- - Si acid Merr 'man, MAI _SRA_ { ~eCert. AG006809 n~/~ ~ /n8, Dale . AOA Notice For mdryiduals with d'aahpiliu, this documsrtt is araAahN in aiiamab formats Far i~durmstion oe (8'16) 859-5413 Vora, CRS: ~-eoa~ss-~, a wile RipM of Way,1120 N SUsd, MS-37, Ssaamanto, CA 95814. ~ ~ r` ~'~~ Exhibit B o`' ~; L "; r- O IIEGAL DESCRII'TION _-' ~ }~ Lam ~o , All that portion of Parcel 2 of Lot Line Adjustment 89-90, in the County of gem, State of California, according to Certificate of Compliance recorded January 25,1990, in book 6481 at Page 765, in the Office of the gern County Recorder, more particularly described as follows: Beginning at the point of intrasection of the South line of sai d Parcel 2 with the East right of way line of Mohawk Street; . Thence (1) North 0' 02' 36" East, along said East right of way line, a distance of 659.89 feet to a paint on the North line of said Parcel 2; Thence (2) North 89' S9' 2ti East, along said North Sine of Parcel 2, a distance of . 2553 feet; Thence (3) South 0' S4' 41" Wiest, a distancx of 35.28 feet; Thence (4) South 0' 02' 36" East; a distance of 524.62 feet to a point on 83c South line of said Parxl Z; i Thence (5) South 89' S9' a3" West, along the South Iine of said Parcel 2, a distance of 25.Q0 feet to the TRUE POIld'T OF BEGIN'NIl1C1. Containing 1 b,506.8 square feet. mare or less. End of Description i~/~~ : 33a • ~~ Tel Page 1 of 2 O:ICntW rDAY1D~nI~IDC~RA-H I-0Ltbo Exhibit C <, ~ A KF~ o' ~~, _ a E-- f.'~ r C~ O ROSEDALE HIGHWAY -L_ J 1 f~,Ar- t..~,.d Co NORTH 1/~ CDR SEC 27 29/27 `~ o 2 of 2 PARCEL 2 LOT LINE 'ADJUSTMENT 89-90 ~gP,KF~ ~ ~n t- r ~ r r~ ~' ~~ yt 2J 0 ~~ r 1 I I POB --~ ~~iui?.u !~( AA LAND COMPANY TEMPORARY CONSTRUCTION EASEMENT APN 332-260-21 A PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT 89-90, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25, 1990,1N BOOK 6481 AT PAGE 765, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIlv~Iv~Il~TG AT A POINT ON THE SOUTH LINE OF SAID PARCEL 2, DISTANT 55.00 FEET EAST OF THE CENTERLINE OF MOWHAWK STREET: THENCE (1) N 89°59'43"EON AND ALONG THE SOUTH LINE OF SAID PARCEL 2 A DISTANCE OF 91.88 FEET; THENCE (2) N 00°02'35" E, A DISTANCE OF 46.96 FEET; TIiENCE (3) N 89°57'25" W, A DISTANCE OF 72.12 FEET; THENCE (4) N 00°02'35" E, A DISTANCE OF 310.67 FEET; THENCE (5) S 89°57'25" E, A DISTANCE OF 19.26 FEET; THENCE (6) N 00°02'35" E, A DISTANCE OF 66.00 FEET; THENCE (7) N 89°57'25" W, A DISTANCE OF 19.26 FEET; THENCE (8) N 00°02'35" E, A DISTANCE OF 236.17 FEET, TO A POINT ON THE NORTH L1NE OF SAID PARCEL 2; THENCE (9) S 89°59'26"WON AND ALONG SAID NORTH L,IlVE, A DISTANCE OF 19.23 FEET, TO A PO1NT_ON THE EAST LINE OF MOHAWK STREET; THENCE (10) S 00°54'41 "WON AND ALONG SAID EAST L1NE, A DISTANCE OF 3 5.27 FEET; THENCE (11) S 00°02'35" W ON AND ALONG SAID EAST LINE, A DISTANCE OF 624.60 FEET TO THE TRUE POINT OF BEGINNING. • CONTAIl~IIING 17,689 SQUARE FEET, MORE OR LESS ~Q~~E~ ~~ F. RUF ~ . a ~ r~e~~ No. c 1s3e~ 9 ~ .~ 0 '~,~ cunt ~ ~CF CAL~~~ Exhibit 1J o``gt~~'F~=, a . ~-- ,_ ~~ Ci'I~~G ll•~t ~1~ ~~G~NEER ~ ~/ ' ~ o `' ~ a$ ~ ~ ~ H ~ ~ tW.- ~: o d ~ U G~ w ~ Z d Z W ~ ~:I ~J ,(, ~ 2 ° ~~1s~93a ~ P 5~ W w 0 ~ ~~ ~¢ W Q ~ N 0 m SO Z ~ e j p~ w W ~ ~~ w ~ OpZ C~ ~ W W,~ m ~ ~ W ~. e W~a ~ ~'S , - Z ~ _~ zoo w Q ~ ~O Z ~ w N m 2 ~ ~ ~~~ ~ ~ .UN ~~~ ~ ~ m(~~ 0 ~ . J Q ~ ~' ,~ ai ~ Q ~ ~ ~o~ Q t u ~4i ~~' N Wo~ ~N Q ~~~ ~ . I \~ ^ ~ ~ h ~ ti. O ~ ~ N ~ ~ ,Ll'9FZ 3 ,9F,Z0 N ,L9blF 3 .~',ZQO N ,097rZ9 M .S£,ZC10 S 133LI1S XMVHDIY G. ~. I~ I~ ~ V h _~~ ~1 ~ O t+i • ~ . 2 Exhibit D j ° V ~ o ~ o~ °f ~ N ~ N °' 0 ~ N °' N °' N e ~ " ~ 2 e W m bi 2 A 2 N off, 2 ~ N obi y ~ !'~ P p 2 ~ N ~ 2 ip N ~o~i y O o y Z ~ ~ N ~ ~t h co ~t~ 4) ~~ r- c..' C ~ KF,o ~; ~.i1~~~~'`C;1i~ i~r EXHIBIT "D" 4 g A1(F,;7 c,~ ~~ ~- ~., ~~ G~=iGi~V ^1 w w ro N J a N N N 3 D Z O W .W N v ~6• a 0 V rn F %~: eg_ w i~=~ a' _= i~so a'Y~" Y~ ~~sg _.: ¢4 -ae e+= s ~ %l • $~Y b v ~ ~" IVlL'fllT~-- ~ -~__- ~ - i T '~ ~ l' Y / nY/ iip 01 6SD.R9 ~ ~ ` o ~w o ~ o O O ~ [v ~~ 4 O !T N~ti~ .a+o a n ~ u +' o~ m A ` 9a ~_ ` ~ m ~ g ~ w ~ a b ~ zzo o v r`/ a r9o" r4o n_ .l o~~}J~ o rl N w ti-i a N o ~~ ` n $ PAR!!£R i r~ L AN£ o ~ J Z99. BD 300 b ~ a o O ~ ~ 4 W o J " ` °p - tip ~ ~ J ~~~ 1 _ 39. 659.8- ~• . o A. T. d S. F. i R. R. ~ ~ . ~i 659_1 _ N ~ ~ 0 r 0 -~ N P° J rvi O C) ~ N~ J .~_ N = '^~ ~ v, ~ ~< 0 a (~ S O r g O 01 w N 1 N ~ C4~F~({~c~ _ -n F- f l r- v O CRIG~~~ ^,"