Loading...
HomeMy WebLinkAboutRES NO 078-08CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A CERTAIN TEMPORARY CONSTRUCTION EASEMENT OVER CERTAIN REAL PROPERTY (California Code of Civil Procedure section 1245.230) Resolution No.: O 7 ~ 0 8 WHEREAS, in order to 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 welfaze 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 a certain temporary construction easement over certain real property situated between the Cross Valley Canal and Kern River in Bakersfield, California, and more particulazly described in Exhibit "A" attached hereto and incorporated herein by reference (the "TCE"), be acquired for public roadway purposes for the Project; and, WHEREAS, the City has provided all record owners of the real property over which the TCE is sought whose names and addresses appeaz 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 "B" 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: 1. The TCE is to be 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 TCE 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 TCE to be acquired is attached in Exhibit "A". A copy of Kern County Assessors Map No. 332-26 depicting the location of the properties over which the TCE is being acquired is shown in Exhibit "C" attached hereto and incorporated herein by reference.. 4. The City of Bakersfield hereby fords, determines and declares: -1- Resolut~on of Necessity Resolution No. 2 08- Pro~erty: Chemex, Tnc. C1DOwenemaandSmmgeVCria1F{owdCi~yofBakeesfieldlChemex, nelRaolutionofNetaritywpd o~ ~~ P. K~c9N ~~_ F- f^~ ~~ G Cl~i~Cil~~~iL (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 TCE 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 "B". 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". GLCDG is hereby further authorized to obtain such orders for immediate possession of the TCE as it is required for the proposed project. A warrant shall be issued to the State Treasury Condemnation Fund as a condition of immediate possession. WHEREFORE, the following Resolution was passed and adopted this 215` day of May, 200 8, at Bakersfield, California, by a majority vote of the City Council of the City of Bakersfield. AYE. ~ ~ ~ 1il~~i v', CD ucl~ ~ ~~Ov~,~~,1,(~ /a~ ,Sct~i J V~-o~ ABSTAIN: ~. ABSENT: ~j~h h~v~ ~~ ~~/~ ATTEST: 1. PAMELA A. MICA T APPR D AS TO FORM: ~~ RG A GEN R ,City Attorney -2- Resolution of Necessity Resolution No. 2 08- Property: Chemex, n~c. C~DoeumwNt and Selliry~sUCruwoweVRry orBaku.figd~Chemac Inculaown,cn of Necauilr wa ~pAK~c~ O ~ ~. ~ ~~ _ ~-_ V G Ct ~lG;'~r ~,i_ CERTIFICATE OF CITY CLERK I, PAMELA A. McCARTHY, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. ~^~-_Q~ passed and adapted 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- Resolution of Necessity Resolution No. 2008- 0 A K Property: Chemex nc. ~ F9 ~fiddlCLamex,IncUtaobdonofN~aMitywpd 0 `~ 1' f"i U ~ O OR;G;rJ ^,(_ EXHIBIT "A" ~p,AKc~ O c,~ -~, ~ -_ r- U C~ CClGiiy,11_ cI~MEx TEMPORARY CONSTRUCTION EASEMENT APN 332-2b0-29, 30, & 31 A PORTION OF THE NORTH WEST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDB&M, ALSO A PORTION OF PARCEL 7 OF PARCEL MAP 7984, COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED FEBRUARY 28TH, 1992, IN BOOK 43 OF PARCEL MAPS AT PAGE 126, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 7, DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOWHAWK STREET, ALSO BEING THE WEST LINE OF MOHAWK STREET; THENCE {1) N 89°09'23"WON AND ALONG SAID SOUTH LINE A DISTANCE OF 55.89 FEET; THENCE (2) N 00°55'00" E, A DISTANCE OF 37.07 FEET; THENCE (3) S 89°05'00" E, A DISTANCE OF 13.62 FEET; THENCE {4) N 00°55'00" E, A DISTANCE OF 158.16 FEET; THENCE (5) S 89°36'15" E, A DISTANCE OF 21.48 FEET; THENCE (b) N 00°55'00" E, A DISTANCE OF 140.50 FEET; THENCE (7) N 89°05'00" W, A DISTANCE OF 25.78 FEET; THENCE (8) N 00°55'00" E, A DISTANCE OF b2.00 FEET; THENCE (9) S 89°05'00" E, A DISTANCE OF 25.78 FEET; THENCE {10)N 00°55'00" E, A DISTANCE OF 57.51 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL 7; THENCE (11) S 89°10'44"EON AND ALONG SAID NORTH LINE, A DISTANCE OF 20.79 FEET, TO A POINT DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOHAWK STREET, ALSO BEING THE WEST LINE OF MOHAWK STREET; THENCE (12) S 00°55'00"WON AND ALONG SAID WEST LINE, A DISTANCE OF 455.40 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15,7b5 SQUARE FEET, MORE OR LESS PAGE 1 OF 1 ~~~~~Q~ ~ ~AKF~ .~ t'= ~~~ -- <_: o ~.~ ~l'aliv,~L ~~~~ * ~i ~ W y ~ ~~ J ' n ~ ~ W ~. ~~ _ ~ g °~~~ls~~~ # s~~ ~~ ~ A g~~ ~ ~ ~~~ N~ ~ X30 ~ ZZ~ W ~ X41 `~iC`? ~ ~ m~N ~ 1 ~ Q~~ ~ z2a ~c 8 ~ ~~~ ~ :_ mWN ~ ~ `~ ~ ~ a ~ ~,~$ V N~~ w H ~~C~ i0 ip t0 m ~ ~1! ~N~yy N rrN~~ ~7 ~ ~3 `,OO,S~OON ~Z ~ ~~?J1S~M4'NOW ~ V t ~Q ~ ~ICb'!t .9L .. , ~, ~~ ~ l^ ~ N I _ ~ ~ W J ~ ~ O I ~ ~~ ~ dd ~I ~ ~F F h 2 ~ 2S ~S ~ O ~ ~ =~ w N ~ h S ~ h i N c i.~ N ~++ 1 ~ ,W P •W ;~ 3 ~w 4r W W 9 ~ . w ~- N ~ rh h ~ ^ ~ o~ ~~ ^-, f _ ~~; ,. =- ;. EXHIBIT "B" F 6 A kr°;'~ o `; ~-- r". v ;_ c~ Cfi;Gi; ~,^j • B A K E R S F I E L D April 14, 2008 Certified Mail -Return Receipt Requested Chemex, lnc. Homer Michael Freeny, Jr. 2525 Clintonville Road 2525 Clintonville Road Paris, KY 40331 Paris, KY 40331 Re: Mohawk Grade Separation Project -Temporary Construction Easement - APN 332-260-29, 30 & 31 Dear Mr. Freeny: As you know, we are consulting engineers t4 the City of Bakersfield (the "City"). The purpose of this letter is to make an offer on behalf of the City for a Temporary Construction Easement ("TCE' across your property, located at 2221 Mohawk Street, for the Mohawk Grade Separation Project (the "Project"). Pursuant to Section 7267.2 of the California Government Code, the City offiets $473 per month as total just compensation for the TCE across your property. The City has contracted with the independent real estate firm, Karpe Fisher Merriman lne., to appraise the TCE. Attached for your information is: the Certificate of Appraiser (Exhibit A); a plat depicting the TCE area (Exhibit B); legal description of the TCE {Exhibit C) and Appraisal Summary Statement (Exhibit D). The appraiser has determined the TCE is valued at $473 per month. The above offer represents the full amount believed by the City to be just compensation for use of your property as determined by Randy K. Merriman, MAI. The City's determination of just compensation for the real property to be used 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. City of Bakersfield Property Management Division • 1501 Truxtun Avenue Bakersfield • California • 93301 (661) 326-3061 Fax (661) 852-2042 property@bakersfieldcity. us J \' F~ i ' c_> r r, t,'i~iui'; r,i Chemex, Inc./Homer Michael Freeny, Jr. April I4, 2008 Page 2 of 2 394-07 The City's offer is subject to approval by the Bakersfield City Council and availability of funding for this project. 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 easement when adjacent construction has been completed, based upon the above appraised value. 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 eplxneCa~rscivil.com Very truly yours, `- ' ~- V ~ Sheila. K Plane, Ruettgers & Schuler Civil Engineers Right of way Agent cc: Dona[d M. Anderson, Real Properly Manager -City of Bakersfield Theodore D. Wright, Civil Engineer N - City of Bakersfield City of Bakersfield Property Management Division • 1501 Truxtun Avenue 8akersfieid • Cailfornia • 93301 (661) 326-3461 • Fax (66l) 852-2042 property@>bakersfie(d~ity.us SFr<~c Q~` ' ~" -^~1 ~__ f.. f" c7 G C~: lGi~ J,'1t, CERTIFICATION: I certify that, to the best of my lmowledge and belief. The statements of fact contained in this report aze true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and aze mypersonai, unbiasedprofessionai analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have. rio personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from. the analyses, opinions, or conclusions in, or the use of, this report. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standazds of Professional Appraisal Practice and the Code of Ethics, ofthe Appraisal Institute and the American Society of Farm Managers and Rural Appraisers. This report is subject to confidential peer review for• Standard and Ethics compliance. Ihave made a personal inspection of the property that is the subject of this report. Ihave the appropriate knowledge and experience necessaryto complete this assignment competently. No one provided significant professional assistance to the person signing this report. As of the date of this report, I have completed the requirements under the continuing education programs of the Appraisal Institute. In view of the foregoing, I estimate that the mazket value of the subj ect property, as of January 7, 2008, is the sum of: 85,675 per year, or X473 per month c Ran M MAI, SRA Certificate No. AG006809 RKM/cs Exhibit A ~~~~KF9 ,__ _. ~~ o ~ ~ • 3 ~~ '~~i~Uii'~; ~c_ O ~' H ~ ~ ~ ~ O 'i tp v~ N n N p O W ~ N ~ h N \ v } ~ p `W ~ P ~n ~ v3s~ i~ 'w ~ k' P ~ `~r - ° ~ e ~ ~ z~ ~ ~3 z $ ~ 8 t ~ ti 1~~ •• H ~ w h ~o ^ ~ as _ ~ g .. ~' ~M "~ ~ ~ tit V N "~i h ~ ~ 2 N N N .. ._. .... .. _ .. -- ~~ ~h~ ~ ~1NEtK ~ Y ~ / ~~ ~ y h _ ~ y n W ~ ~ .. ~ ~ S~P~ 1S~93~ ~ ~ O~ ~D ~j~ ~ w i" v ~~~ ~,fY V 3.4 ~ w W ~ ~W~ ~ m ~ N I ~ ~~ tt,, qO~ S CV 2 Vi ~ !"h ~~~ Qy N AWN v m~vi 3 DD,L''&ODN V QQQ ©L~ I U v O ~9 0 oc L 73 Exhibit B J >d -i. ~j ~ ~~ .. r. ~ /, ~., p~ %~ ~_ ~_ r , c~ r- ,> ~i`,~ , CHEMEX TEMPORARY CONSTRUCTION EASEMENT APN 332-260-29, 30, & 31 A PORTION OF THE NORTH WEST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDB&M, ALSO A PORTION OF PARCEL 7 OF PARCEL MAP 7984, COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED FE$RUARY 28TH, 1992, IN BOOK 43 OF PARCEL MAPS AT PAGE 126, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 7, DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOWHAWK STREET, ALSO BEING THE WEST LINE OF MOH;AWK STREET; THENCE (1) N 89°09'23"WON AND ALONG SAID SOUTH LINE A DISTANCE OF 55.89 FEET; THENCE (2) N 00°55'00" E, A DISTANCE OF 37.07 FEET; THENCE (3) S 89°05'00" E, A DISTANCE OF 13.62 FEET; THENCE (4) N 00°55'00" E, A DISTANCE OF 158.16 FEET; THENCE (5) S 89°36'15" E, A DISTANCE OF 21.48 FEET; THENCE (6) N 00°55'00" E, A DISTANCE OF 140.50 FEET; THENCE (7) N 89°05'00" W, A DISTANCE OF 25.78 FEET; THENCE (8) N 00°55'00" E, A DISTANCE OF 62.00 FEET; THENCE (9) S 89°05'00" E, A DISTANCE OF 25.78 FEET; THENCE (10)N 00°55'00" E, A DISTANCE OF 57.51 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL 7; THENCE (11) S 89° 10'44"EON AND ALONG SAID NORTH LINE, A DISTANCE OF 20.79 FEET, TO A PO1NT DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOHAWK STREET, ALSO BEING THE WEST L1NE OF MOHAWK STREET; THENCE (12} S 00°55'00"WON AND ALONG SAID WEST LINE, A DISTANCE OF 455.40 FEET TO THE TRUE POINT OF BEGINNIl~TG. CONTAINING 15,765 SQUARE FEET, MORE OR LESS -(~r.~....t~ ~- ~c,~.w f f 2_i/-o7~ PAGE 1 OF 1 Exhibit C F ~; •~ ~~~ ., ~- ;., c:j r- ~, ~iili.Ili J!~'. ~.~ crTY of BAxarxs>:reLn APPRAISAL SUMMARY STATEMENT (Form #) EXNIB7T D ~` QOC~ 0D1"'~S4 ~°'~ r"r°011°001 B-EX-15A 4/2002 era ~~c ~ ~7 cane r~sssi, ir,heU (REV } be kepl ean5dadiel m order m protxt Property Address; 2221 Mohawk Street Property to be acquired: Locale: Bakersfield, CA Part X All Total Property Area: 2.15 Acres and 10.53 Acres Including Access Rights Yes No X BASIS OF VALUATION The tnarlcet value for the property m be acquired by the Gtity of Bakersfield is based upon an appraisal prepared in accordance with accepted appraisal principles cad procedures. Code of civil Procedure Section 1263.320 defines Fair Market Value as follows; a} The fair tnaricet 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 sa doing, nor obliged to sell, and a buyer, ~Y, Wig. and able to buy but under m 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 fur nrariaet vahre of property taken for which then is no relevant, comparable market is iL5 value on the date of valuation as detsrminad by aaY 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 prop~y ~ capable of producing. ~ GI;~~r° ~ ~ t , ~_ v r- ,~ ~~; :, Owner. ~~ ~• Date Acquired: N/A lrXFi1B1T APPRAISAL SUMMARY STATEMENT (Coat) 8-EX-1 SA (REV 48002} ~~ ~ Va]ue of the Entire Property S NIA Value of the property being acquired i>xluding the following improvements; Land; S 5,675/Year, 5473/Mo Imps: S -t)- S 5,675/Year, 5473/Mo V aloe of the remainder as put of the whole before the City's acquisition S Vahu of the remainder as a separate panxl (ctaed) Seversncx Damages: Cost to Curc Damages: Tatal Damages: s N/A Benefiu: S wA s NIA S N/A S wA The amount of any omen compensation: ,NST COMPENSATION P'OR ACQUISITION Construetioa Contract work N/A Rounded To s wA S 5,675/Year, 5473/Mo s 1~A ~, c,R.~~ O' c; a. ~ r _, ~- ,. EXHIBIT APPRAISAL SUMMARY STATEMENT {Conk} 8a~c-I5A (REV 412002) ~ ~~ BASIBQF VALi1A'1~QN BASIC PROPERTY Interest vetoed; Date of valuation: Appliable zoning: Area to be acquired: HIghest and beat use: Cun+dtt use: pA'~A Fee SimpEe lanwry 7, 2008 M-3 PD, Heavy Industrial, Preciac Development 15,765 SF Industrial Industrial Accessory I,aad F, A•; .c C) ~' ~;,. ~ -• ~- _ „`.,, EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) s.>=ac-ISA (REV 4/2002) (Form N) THE I-OLLOw1aV'G INI~+OR>yL~Trnly I~ n i eqn ON THE PARTIAL ACQUISITION ONLY 1. The Sales Cortrparisoa approach is based on the consideration of eomparabk lend end improved sale. Indicated value by Sales Comparison Approach See adacbed sheer for principal transactions. 2• T~ con aPt~aclt i$ based in pert oa a replacement cost new of itr~rovemeats kss depreciagon. Cost iaformatioa was obtabted - from coat service publicatioaa aadlor 1raowIed~eabk vendors. Total Replacement Cost New Depreciation from all causes Value of Improvements is place Land (estimated by direct sales comparison) Indicated value by Cost Approach 3. The income approach is based on sa aaalyais of income and expenses to the property. Overall Capitalization Rate Net Operating Income Indicated valve by income Approach S 54.00/SF S N/A $ ( N/A ) $ N/A $ N/A $ N/A 9.0 $ N/A $ N/A OFKF~~ 4 ~`»', ~~- ~ "; ~ ~- r C-;1GIf:;^.; EXFIBIT APPRAISAL SUMMARY STATEMENT (Conk) s-EX-1 SA (REV 4/2042) c~ n I~ L~STOF PRIIVCIpAL TRANSACTIONS -VACANT ADDRESS: N. 7 axes of Lot 12, Sec. 21, T29S/R27E APN: 452-030-14 SALE DATE: October 10, 2005 sAI.sPRICE: Sl,sso,ooo ADDRESS: Pop SE '/. Sec. 14, T29SlR26E APN: 529-012-07 SALE DATE: March 21, 2006 SALE PRICE: S 1,485,500 ADDRESS: Pm NW'/. Sec. 7,'1~95/R26E APN: 118-030.06 SALE DATE: June 20, 2006 SALE PRICE: 3925,000 ADDRESS: N~5 Lot 17, Sec. 21, T29SJR27E ApN: 452-070-35 SALE DATE: July 7, 2006 SALE PRICE: 52,000,000 ADDRESS: Pm NW'/. Sec. 21, T29S/R27E APN: 452-030-03 SALE DATE: January 17, 2007 SALE PRICE: 5310,000 ADDRESS: W ~ oCNB'/, Sec. 28, T29S/R27E APN: 366-OSO-14 SALE DATE: Jimwry 24, 2007 SALE PRICE: 51,350,000 ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALb DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ~~ ~~ ~- ~ ; v ,, E?OIIBIT APPRAISAL SUMMARY STATEMENT (Coat} R-EX-ISA (REV a/2002a can LIST OF PR1NCIpAL T7tANSACI7ONS PROVED ADDRESS: NIA APN: SALE DATE: SALE PRICE: ADDRESS; APN: SALE DATE: SA~,E 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: SALB DATE: SALE PRICE: ADDRESS: APN: sAL$ DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE: ~j r~,FK`rJ'~ ~-_ ~,' r- L E3i2iiBTT APPRAISAL SUMMARY STATEMENT (Coat) B-EX-1 SA (REV 412042) (Earn Y) AREAS W1T81N'~'A~ RIGii'i' F WAY Sub-parcel N/A Total Area ~ ]5,765 SF Area IMPROVEIVIE Wiq~ TEE iticH'f' nrr WAY N/A item Lwr~p Srun TOW = 55,675/Year, 5473lMO. ~T~pOran' Caastruction Eeaesr~ent Renal) Size 4gPK~r~, rJ c3''~ ~, ~ ~, ~_ v o EXHIBIT APPRAISAL SUMMARY STATEMENT (Conk) g->;x-lsa (REV 4noo2) (Form A~ N!A Lump Sum Tool' N/A Item Size a~rl`; c ~~ ~ , >- r ; f- ~. _. cU C_~ Ci~fGf~~~!,'.. _ EJOiTBIT APPRAISAL SUMMARY STATEMENT {Coat) 8-EX-15A (REV 4RU01) (Form ~9 CONSTRU ON GbNTRA~q' WORK ITEMS 1. N!A 2. 3. 4. S. 6. 7. 8. 9. 10. I1. 12. ~~''~ i p'` c F- ~ c. _,3,,,, , C''~ ,,..~,, .. SPATE OF CALIFOF~1tA ~ DEPAATIAFJJ7' a TAW7ATt~1 , SUMMARY OF SEVERANCE DAMAGES AND BENEFI'T'S -~w ~-1z (pt:v enoaz~ A Value of the whole before acquisition: Lend improvements B. Value o1 the Dart acquired as Hari aJ the whole Land, induding easements acquired lmprovernents $5 675/Yr or~73/MO. $ N/A C. Value aA the remalrlder,~~parl of the v~g~ N~ A less Line sj s N /A Land, tnchMinQ areas encs.m~bered try easements acquired S Improvements ~ d. Value d the remander sitar a agl~ainn ~~+.~ before cansidemtton ai benefits_ S N / A tend, Llciudtnp areas encumbered by easements acquired $ Improvements ,~, ~ ;~ceranoe Damauas (Line C less (!ne i?j $ N / A Land g lrnprflvements F. Value of ihe_remalpder after the envi*dien wnel ~-.. benefits: g N/A Land, trtcluding areas encumbered by easements acquired $ Improvements ~.. ~ t3eneiMs: {!.)ne F leas Lme Dj $ N/A Land lmprovemeAts Net Deuneaes: or Net t3snaflie (dKfenrnce between Lines E & Gj ~ x~A ADANOtlp FarMriEUOYMfi~wf~aYdWi~r,Nt~CUnemkMihbYulhn~Ya4~r~1a FrYdaiMcnall'~~II6•~9YdoR CAS: 5~Do-7Selpivw~rY~ r1ph1 d way,11@D>t1591rt,16.~, 9mMnRIO, CA 0.'b1t -• D ; ~~ ~`- -~ f -- C? f..,l ~,.~:~... EXHIBIT "C" ~, F~ K~c~ t ~~ ~s, ~. ~-, ~- r U `'. J 'u ~; i1t ."~ b i c .~ 0 u m LaJ ON m~ ~~ ~" N W 3~ w a -~ ~ o ~ N SU ~W ~~ 30 U) N Z c0 N N M ~~ N o t N' Z ~Q ~ Z Y 4 ~ C ~~ Z OL ~F.K~,~~ L7 ~r >- ~ -; I- r- ~ ~~ CJ~I~Ii~Y lr~~~~ N01'ICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN TEMPORARY CONSTRUCTION EASEMENT BY EMINENT DOMAIN To: Chemex, lnc. 2221 Mohawk Street Bakersfield, CA 93308 Chemex, Inc. 2525 Clintonville Road Paris, KY 40331 Homer Michael Freely, Jr. 2525 Clintonville Road Paris, KY 40331 RE: APN 332-260-29, 332-260-30 & 332-260-31 2221 Mohawk Street. Bakersfield, CA 93:301 California }aw provides that a public agency may dxercise the power of eminent domain to acquire an interest in property for a proposed public project if the following 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 most 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 affer required by California Government Code section 7267.2 has been made to t.hc owner of record. You are hereby notified that the City of Bakersfield, at a meeting to be held on May 21, 2008, at 6:30 p.m., or a soon thereafter as the matter may be heard, in the City Council Chambers at 1501 Truxtun Avenue, 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 35350.5. The Resolution of Necessity, if adopted, will authorize the City of Bakersfield to acquire a temporary construction easement over a portion of your properties by eminent domain. A description of the subject temporary construction easement. over your properties is attached to the proposed Resolution. of Necessity. The proposed Resolution of Necessity is attached to this Notice as Exhibit "1". The proposed public use is for public transportation, health, and safety purposes far the Westside Farkway Project, .specifically, the Mohawk Grade Separation Project. ~A~~~® O~ ~~;a >- {.', ii' r- U ~ ~^nr~~*.i~l. l.~jv ~ la iiv~ You have the right to appear at the meeting and be heard on the conditions listed above if you file a written request to appear and be heard within fifteen { 15) days after the date 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 Nance was servcd/mailed to you. The date this Notice was served/mailed to you appears at the end of this Notice. If you are unable to appear at the meeting but would like the City of Bakersfield to consider your comments, concerns ar 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 no later than fifteen (1S) days after the date this Notice was served/mailed t0 yUU. If you do not file a written request to appear and be heard within fifteen (15} days after the date this Notice was served/mailed to you, you will 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 he acted on at 6:30 p.m., on May 21, 2(108, or o soon thereafter as the matter may be heard. The Ciry of Bakersfield cannot continence an envnent domain proceeding to acquire the temporary conswction easement across your properties unless it first adapts a Resolution of Necessity pursuant to California Code of Civil. Procedure sections 1245.220 and 1245.230. 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 the temporary construction easement across your properties 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 on May 21, 200$. If you have any questions, please call Donald M. Anderson at (661) 326-3061.. DATED AND SERVED/MAILED 4N MAY ~, 2008. Pamela A. McCarthy, CMC ,'' City Clerk, City of Bakersfield Attachments: 1. Resolution of Necessity and attachments thereto. r.. ~ ~, E~:HIBIT "1" ,~.~ .. ~,~ t; f_. f r r~ ~..-V .~~a~.., __ CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A CERTAIN TEMPORARY CONSTRUCTION EASEMENT OVER CERTAIN REAL PROPERTY (California Code of Civil Procedure section 1245.230) Resolution No. 2Q48- WHEREAS, in order to improve traffic capacity and circulation between northwest Bakersfield and the downtown area, and between the Califomia 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 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" attached hereto and incorporated herein by reference (the "TCE"), be acquired for public roadway purposes for the Project; and, WHEREAS, the City has provided all record owners of the real property aver which the TCE is sought 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 "B" 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: 1. The TCE is to be 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 TCE by the Eminent Domain Law (Title 7, Part 3 of the Califomia Code of Civil Procedure commencing at section 1230.010) and California Government Code section 37350.5 for public roadway purposes; A description of the general location and the extent of the TCE to be acquired is attached in Exhibit "A". A copy of Kern County Assessors Map No. 332-26 depicting the location of the properties over which the TCE is being acquired is shown in Exhibit "C" attached hereto and incorporated herein by reference.. 4. The City of Bakersfield hereby finds, determines and declares: -1- Resolution of Necessity Resolution No. 2008- ti g P KFA~ Property: Chemex, Inc. ~ C ~~Documenu and SemngsUCnsViowelGry of Bakerofwld\ChemeK, IneUiesolution of Naesstiy wpd h ~ f.-, _ ~._ c~ C~ C-i~;Gsiln.l_ (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 TCE 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 "B". 5. City staff is directed to take ail 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". GLCDG is hereby further authorized to obtain such orders for immediate possession of the TCE as it is required for the proposed project. A warrant shall be issued to the State Treasury Condemnation Fund as a condition of immediate possession. WHEREFORE, the following Resolution was passed and adopted this 215` 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- Resolution of Necessity Resolution No. 2008- Property: Chemex, Inc. ClDwuments u~d SettinysUCnslHowe\Ciiy of BekmfieldiChemez, IncVtesoluhon of Necwiry wpd r ~FK f:? `~t `~`', ~ ~~~ F-- ~ v ~i i ~. i C=i~;~;ir~~~` , 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 215` day of May, 2008. PAMELA A. McCARTHY -3- Resolution of Necessity Resolution No. 2008- Properly~ Chemex, lnc. C VDocummu and SnimgsUCrisWowelCiry of BekersGeld\CAernu, IncUlaolution of Naas@y wpd 2,An c `c `~'' . ~ c;t ~- F.._ f r ~J t ~ EXHIBIT "A" :~ ~~~, ,~__: ~- ~. C~ l_ nit~~~ti ~:~ CHEMEX TEMPORARY CONSTRUCTION EASEMENT APN 332-260-29, 30, & 31 A PORTION OF THE NORTH WEST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDB&M, ALSO A PORTION OF PARCEL 7 OF PARCEL MAP 7984, COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED FEBRUARY 28TH, 1992, IN BOOK 43 OF PARCEL MAPS AT PAGE 126, iN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 7, DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOWHAWK STREET, ALSO BEING THE WEST L1NE OF MOHAWK STREET; THENCE {1) N 89°49'23"WON AND ALONG SAID SOUTH LINE A DISTANCE OF 5 5.89 FEET; THENCE {2} N 00°55'00" E, A DISTANCE OF 37.07 FEET; THENCE {3) S 89°05'00" E, A DISTANCE OF I3.62 FEET; THENCE (4} N 00°55'00" E, A DISTANCE OF 158.16 FEET; THENCE (5) S 89°36'15" E, A DISTANCE OF 21.48 FEET; THENCE (6) N 00°55'00" E, A DISTANCE OF 140.50 FEET; THENCE {7) N 89°05'00" W, A DISTANCE OF 25.78 FEET; THENCE {8} N 00°55'00" E, A DISTANCE OF 62.00 FEET; THENCE {9} S 89°05'00" E, A DISTANCE OF 25.78 FEET; THENCE (14)N 00°55'00" E, A DISTANCE OF 57.51 PEST, TO A POINT ON THE NORTH LINE OF SAID PARCEL 7; THENCE { ] ] } S 89° 10'44"EON AND ALONG SAID NORTH LINE, A DISTANCE OF 20.79 FEET, TO A POINT DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOHAWK STREET, ALSO BEING THE WEST LINE OF MOHAWK STREET; THENCE {12} S 00°55'00"WON AND ALONG SAID WEST LINE, A DISTANCE OF 455.40 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15,765 SQUARE FEET, MORE OR LESS ~~ ~,.a..~„P~~4u..~.r -~.~,~ 12_i/.off ~` ~-33t-0p PAGE 1 OF 1 - ~. ~,~„~ , ~~F,K o :~ ~- O rJ ~~,~ER * r/ ~~ ~ S ~ W ~ ,~ ~ U ~ p ~` ~ Z .~. ~ 0 o~~~lS~~3~ ~` S~'~ 2 ~ ~ ~ p~ ~ ~ ~ W ~~°~ ~ m ~ oom N~ ~ V3LZ ~w ~ ~ 22~ z ~ ~w ~~ $ W~~ N ~ ~O~ 5 a ~ ~ Z?a ~w ~ g ~ Q~~ ~~ ~ ~~~ m 4a N a ~ y ~ V Nth y U O 00 m~~ ~O t0 t0 N ~ ~~ ~ ~ ~ 3 _DO,SS DON ~ . 1332(1S)lMYHOiN ~ U QQQ ~ C~9® rir,~ . is ~ ,os•oi ~ , ,9!'851 .0, m °' JI a I ~ M I ~ N I W J 0 y ~ N I ~ ~ ~ .~ ~ ~.~ ~ bd ~ ~~~ ^, ,- ~`~ ~- C.~ C7 U y O' ~ h O '~') ~ ~ ~ N n N o ~ ~ N h h N ~ ~ ~ 2 ~ 3 N ~ a W O S z W p ~ ~~u wf °' ~ 3 O m a W ~,O S z ~ C ~ ~ ~ C S a ~~ a °' ~i 2 ~ N h r! h ~D 1~ op O1 ~ V ~ '~I. ~, ~ EXHIBIT rrBrr p,AKF? ~' ' n O' ~.~, F_ f l ~__ (~ D ~'.~~%U il'~fiiL • B A K E R S F I E L D April 14, 2008 Certified Mail - Return Receipt Requested Chemex, Inc. Homer Michael Freeny, Jr. 2525 Clintonville Road 2525 Clintonville Road Paris, KY 40331 Paris, KY 40331 Re: Mohawk Grade Separation Project -Temporary Construction Easement - APN 332-260-29, 30 & 31 Dear Mr. Freeny: As you know, we are consulting engineers to the City of Bakersfield (the "City"). The purpose of this letter is to make an offer on behalf of the City for a Temporary Construction Easement ("TCE") across your property, located at 2221 Mohawk Street, for the Mohawk Grade Separation Project (the "Project"). Pursuant to Section 7267.2 of the California Government Code, the City offers $473 per month as total just compensation for the TCE across your property. The City has contracted with the independent real estate firm, Karpe Fisher Merriman Inc., to appraise the TCE. Attached for your information is: the Certificate of Appraiser (Exhibit A); a plat depicting the TCE azea (Exhibit B); legal description of the TCE (Exhibit C) and Appraisal Summary Statement (Exhibit D). The appraiser has determined the TCE is valued at $473 per month. The above offer represents the full amount believed by the City to be just compensation for use of your property as determined by Randy K. Merriman, MAI. The City's determination of just compensation for the real property to be used is based upon an inspection of the property, sales of comparable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair market value of the property prior to the appraisal of this property caused by the City's interest in the property. Also, the above offer does not include relocation assistance. City of Bakersfield Property Management Division • 1501 Truxtun Avenue 8akersfleld • California • 93301 (661) 326-3061 Fax {661) 852-2042 propertyC~baker$fieldcity.us o4~AkF9 ~, y ~ r ~, r-- U O Cs ;;!GI,"d,n i Chemex, Inc./Homer Michael Freeny, Jr. April 14, 2008 Page 2 of 2 394-07 The City's offer is subject to approval by the Bakersfield City Council and availability of funding for this project. The City anticipates project construction to take approximately 24 months, beginning late 2008. The TCE will be in effect only a portion of ties tinne. You will be compensated for use of the easement when adjacent construction has been completed, based upon the above appraised value. 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 splaneCa7rscivii.com Very truly yours, ~LS~ ~~ 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 • 9330] (661) 326-3061 Fax (661) 852-2042 propertyCbakersfieldcity.us <, v P. tfF9 U~ u~ -„ >_ F- f.. r- U C; ~ C~i ;;j~;'~:.~;~ CERTIFICATION: I certify that, to the best of nvy knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses,. opinions, and conclusions are ].invited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from.the analyses, opinions, or conclusions in, or the use of, this report. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the Code of Ethics. of.the Appraisal Institute and the American Society of Farm Managers and Rural Appraisers. This report is subject to confidential peer review for• Standard and Ethics compliance. I have made a personal inspection of the property that is the subject of this report. I have the appropriate knowledge and experience necessaryto complete this assignment competently. No one provided significant professional assistance to the person signing this report. As of the date of this report, I have completed the requirements under the continuing education programs of the Appraisal Institute. In view of the foregoing, I estimate that the market value of the subject property, as of January 7, 2008, is the sum of: $5,675 per year, or $473 per month Ran . Me an, MAI, SRA Certificate No. AG006809 RKM/cs Exhibit A . o~~,AKF9n ~_ ~'.; ~__ c, ~=tl~li'J^,: ~G~pEER * ~ ~ ~~ ~ S / o y o H ~ ~ ~ > U ~ a '` z ~, °' _ V V ici w W ~ O~L~ L 1 ,`iv ~P y ~ ~ Yj o 1~ e M) ~ w n t(y g tV ~ t17 u~ f~ r°f. Q Z ly h ~ S~93a ~ Q ~ R ~ "1 A N N ~o N 'n N ~ O~ 0 ~ ~ U ~ h W O lu sW ~ 3 O R Ly ~O W ~ O W O , .~ ~ ~ 42~ O~~ 2 ~ °Zi O ~ ~ ~ ~ N 4 P' ~ ,O P 'd~ , P , ~ , P , !~ °r e Q V C~ 3.0 ~ ~ 2 S ~ h 2 8 va°i S H ~ ~ ~Wg ~C9 ~ ~ ~ ~~~ W 2 ~ O `., at ~ 'a N tp t~ O a ~- ~ O ~ 5 ~' p V2~ U !r o ~ ~ Z '~ N ~ S ~~ ~y m W N ~ ~I ~ C9 N ~ ~ \ ~ ~ y ~~U cp cp cp ~ N N N -- - - • • - ~~ -.. . . .lJ ~~~ ~ "~ ~ 3 .OO,S'~DON T 4 0.Q 139N1S)/M b'HOW V Q QQ z W 0 © ~ m r . ~ f~ N • ~ ~ ~ ~.~ ~ dd ~ ~~ Exhibit B Y C~'~~~ Cj 'c. f_- f r- c=% ( j 4 CHEMEX TEMPORARY CONSTRUCTION EASEMENT APN 332.260-29, 30, & 31 A PORTION OF THE NORTH WEST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDB&M, ALSO A PORTION OF PARCEL 7 OF PARCEL MAP 7984, COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED FEBRUARY 28TH, 1992, IN BOOK 43 OF PARCEL MAPS AT PAGE 126, TN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL 7, DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOWHAWK STREET, ALSO BEING THE WEST LINE OF MOHAWK STREET; THENCE (1) N 89°09'23"WON AND ALONG SAID SOUTH LINE A DISTANCE OF 55.89 FEET; Tl-~NCE (2) N 00°55'00" E, A DISTANCE OF 37.07 FEET; THENCE (3) S 89°05'00" E, A DISTANCE OF 13.62 FEET; THENCE (4) N 00°55'00" E, A DISTANCE OF 158.16 FEET; THENCE {5) S 89°36'15" E, A DISTANCE OF 21.48 FEET; THENCE (6) N 00°55'00" E, A DISTANCE OF 140.50 FEET; THENCE (7) N 89°05'00" W, A DISTANCE OF 25.78 FEET; THENCE (8) N 00°55'00" E, A DISTANCE OF 62.00 FEET; THENCE (9) S 89°05'00" E, A DISTANCE OF 25.78 FEET; THENCE (10) N 00°55'00" E, A DISTANCE OF 57.51 FEET, TO A POINT ON THE NORTH LLNE OF SAID PARCEL 7; THENCE (11} S 89°IO'44"EON AND ALONG SAID NORTH LFNE, A DISTANCE OF 20.79 FEET, TO A POINT DISTANT 55.00 FEET WEST OF THE CENTERLINE OF MOHAWK STREET, ALSO BEING THE WEST LINE OF MOHAWK STREET; THENCE (12) S 00°55'00"WON AND ALONG SAID WEST LINE, A DISTANCE OF 455.40 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15,765 SQUARE FEET, MORE OR LESS a. PAGE 1 OF 1 Exhibit C 0~~c p~ 9~~ ~- ~=, -- ~- v ~, ~1`~~Gi"'~.~,~_ CJTY OF SAKERSFIELD APPRAISAL SUMMARY STATEMENT (Form #) coNnrn>rxrr~t. EXHIBIT D This docimfent eotnains personal information 8_EX.15A (REV 4/2002) and pursuant to Civil Code !796.21, i1 chill be kept confidential m order to protect a~6wt uruudiorimd disclosure. ___ Dist. Co. Rte. P.M. Parcel No. Federal Aid Pro'cct No. Date Owner: Chcmix, Inc. Date Acquired: N/A Property Address: 222 ] Mohawk Street Property to be acquired: Locale: Bakersfield, CA Part X All Total Property Area: 2.15 Acres and 10.53 Acres 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 1Z63.3Z0 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the dare 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 full knowledge of all the uses and purposes for which the properly 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 dare 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. s ~` n -.- r U O ORlG i ^d.~,l_ EXHIBIT APPRAISAL SUMMARY STATEMENT (Conk) B-EX-ISA (REV a/2002) , (Forni a) Value of the Entire Property $ N/A Valtte of the property being acquired including the following improvctnents: Land: $ 5,675/Yt:ar, 3473/IvSo Imps: $ -~- S 5,675/Year, $473/Mo Value of the remainder as part of the whole before the City's acquisition $ N/A Value of the remainder as a separate parcel (cured) $ NIA Severance Damages: $ NIA Cost to Cure Damages: $ N/A Total Damages: $ N/A Benefits: The amount of any other compensation: JUST COMPENSATION FOR ACQUISITION Construction Contract Work Rounded To S N/A $ N/A $ 5,675/Year, $473/Mo $ N!A ~,AKfi~ ., O` ~ > ,, ~_ (- (J ~.. J ~--,er~r,i r: APPRAISAL, SUMMARY STATEMENT {Conk) EXHIBIT S-EX-15A (REV 4/2002) (Form M) BASIS OF VALUATION BASItK„~'ROPERTY Interest valued: Ante of valuation: Applicable zoning: Area to be acquired: Highest and best use: Glurent use: DATA Fee Simple January 7, 200$ M-3 PD, Heavy Industrial, Precise Devclapmenl 15,765 SF Industrial Industrial Accessory Lead ~~~°AKF9 a ~ ~ r- U C,i CRfG1~~~A1~ APPRAISAL SUMMARY STATEMENT (Coat) (Fam p) EXHIBIT 8-EX-1 SA (REV 412002) THE HOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY 1. 'The Saies Corapasisoa approach is based on the consideration of comparable lead and improved salts. Indicated value by Sales Comparison Approach 5 54.00/SF See attached sheet for principal tmnsactioas, 2. The cost approach is based in part on a replacement cost new of improvcments less depreciation. Cost iafomtation was obtained from cost service publications and/or knowledgeable vendors. Total Replacement Cost New 5 N/A Depreciation from all tenses $ ( N/A ) Value of Improvements in Place 5 N/A Land (estimated by direct sales comparison) $ N/A Indicated value by Cost Approach $ N/A 3, 1'he income approach is based on as analysis of iacoax and expenses to the property. Overall Capitalization Rate 9.0 Nct C+perating Income $ N/A Indicated value by Income Approach $ N/A ~, AKC~, c~ ~- ~~- ;> o t ~1"~1G1^dAL EXHiBTf APPRAISAL SUMMARY STATEMENT (Cunt) S-EX-15A (REV a/2002) c~ r~ LIST OR PRINCIPAL TRANSACTIONS -VACANT ADDRESS: N. 7 acres of Loi 12, Sec. 21, T29S/RZ7E APN: 452-030-I4 sAr~ nAr>:: Oclobea lo, Zoos SALE PRICE: $1,550,000 ADDRESS: Ptn SE'/. Scc. 14, T29S/R26E APN: 529-012-07 SALE DATE: March 2l, 200b SALE PRICE: $1,465,500 ADDRESS: Ptri NW'/, Sec. 7, T29S/R28E APN: 118-030-06 SALE DATE: June 20, 2006 SALE PRICE: $925,000 ADDRESS: N'/, Lot 17, Sec. 21, T29S/R27E APN: 452-070-35 SALE DATE: July 7, 2006 SALE PRICE: 52,000,000 ADDRESS: Ptn NW'/, Scc. 21, T29S/R27E APN: 452-030-03 SALE DATE: January 17, 2007 SALE PRICE: E310,000 ADDRESS: W'fi of NE'/. Scc. 28, T24S/R27E APN: 3b8-OSO- l4 SALE DATE: January 24, 2007 SALE PRICE: $1,350,000 ADDRESS: APN: SALE DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRJCE: ADDRESS: APN: SALE DATE: SALE PRICE: s o4~AKF9.~ ~ ~~ F- r v r~ CRlGlivl~l. EXHIBIT APPRAISAL SUMMARY STATEMENT (Coat} B-Ex-tSA(REVanooz) (Form C) ~,IST 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: SALF, DATE: SALE PRICE: ADDRESS: APN: SALE DATE: SALE PRICE; o -~ ~., ~- ~- c ~ r~ EXHIBIT APPRAISAL SUMMARY STATEMENT (Conk) B-EX-15A (REV 4/2002) (Farm N) AREAS WITSi1V THE RIGHT OF WAY N/A Su~parce[ Area Total Arca = 15,765 SF IMPROVEI-~N15 WITIHIV THE RIGHT OF WAY NI,A Item SEze Lump Sum Total = $5,675/Year, $473/Mo. (Temporary Construction Easement Rental} o~gAKfi~`; ~ ~.. ~ ~._ ~~ Cj i~CiSV~~ EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont} s-rx-ISA (REV 4/zooz) (Frnm M) COST TO CURE DAMAGE ITEMS N/A Item Siu Lump Sum Tots! ~ NIA ~g~KF9 o ~~'; > ~~ c> `-' EXHIBTI' APPRAISAL SUMMARY STATEMENT {Coat) 8-IrX-i5A {REV 4/2D0z) (Farm ~1 CONSTRUCTION CONTRACT WORK ITEMS 1. N/A 2. 3. 4. 5. b. 7. S. 9. 1 Q. 11. 12. ~AKF ~~ ~~, ~_ ~~ i.a Cr ,,~, ,L. G~-,,Gii~.L~ S7k7E OF CAIJFOfiN1P. • DFPHR71J1E137 OF 7RAIZSPORTP,710h1 SUMMARY OF SEVERANCE DAMAGES AND BENEFITS R1A~ 7.72 (Rilr 912602) A. Value of the whole betare acquisition: Land Improvements t3. Value al the aar! acquired as oari of the o1e: Land, inducting easements acquired Improvements 55 675/Yr or,..~73/Mo. N/A C. Value at the remainder as eari of the whole: {lane A less Llne f3) ~ N / A Land, lncludiny areas encumbered by easements acquired $ tmprovements $ p. Vane of the remainder after the acquisition and before consderatlan of benefits: $ N/A Land, induding areas encumbered by easemerAs acquired Improvements E ~evaranoe Dama4es (Line C less Line D) ~ N/ A i~nd impravements F. Value of the remainder after the aaauisitlon and alter ~rt§~derina benefits: 4 N/A Land, Including areas encumbered by easements acquired $ Improvements $ Ci t3enefrts: {t_irle F less Ltr1e A) ~ N/A Land Improvements S jtet Dameaes or Net Benefits (difference between Lines E & G) ~ ~/ A ADA Piet{aQ For ir~lvie~ds wtei ~~n.ory digbiY~s, tl~k ~eum~n k awl~a~ in~tstams~. Far 6dama'Jon w1 tea) ~++~» Vdw, eAS: ~ ~ooass-2028 or rrrat ~re a w.y, nsn H sa.a ~, siosmeeo, U •set4. O~~Ak` ~.. ~- ~~ <_~ :> EXHIBIT "C" ~~,Ak~~, o ~.;, c~ C~ k~G;i~.~L - $ ~ CO N N Z ~ ~ O I o, I z -~ ~ ~ I 4 ~ C a ~ ~ I I . ~ . Q h • ® r ~~ I ~ I ~ a~ I a ^ a~; bN Z ~_ N N, e, a I i I I ~ i ~ t1f Q O ' I ~ i / T V I I I 7 ~- ~ ~ ~' 1 r I I ~ ~~ l,J I I r ~a~~ N I I t ~ D N I _.~ ~ _ ~ ' W ~ ~ ~~ cV~~ AN ~ ' ~NI hd ~ ,~ ~~~ ~ ~ ~ w I I I i ~~~ '~ 3 ~" I ~- ~ =f~ w (J ~ ~s ---=--r - - - ~ ~ ~.- N z ; N i ti . N 1 3 ~ 0 N o, ~ w ~ I ~ ~ g ~ ,; ~ c ~N~N N `~ " ep N ~a~ I a~ ~ b ~~ ~ to v ~ ~ , N~ ? Z ~ V N b "~ I ~ ~ d~ ~ ~ a ~ ( `~' a ~ ~~ ~ . ~ ~ ~- ~ I ~ i I I ~ ~ i I I r.l ti vol h~ N I I I ~ I ~ I I I n + ntl N t0 I I I 4 ~I N ~ ~N ~ ~ I I I ~ f a M ~ ~~ N ( ~ I i r 9b/E Ob"' $+ r ~,Ah"~; ;^ t- ~, ~.