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HomeMy WebLinkAboutRES NO 130-09 CITY OF BAKERSFIELD RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY (California Code of Civil Procedure section 1245.230) Resolution No.:1 3 0-- n 9 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"), a portion of the Project as it relates to the real property described herein is depicted on the diagram attached hereto and incorporated herein by reference as Exhibit "l"; and, WHEREAS, the public interest and necessity require that certain real property situated in a portion of the South One Half of Section 27, Township 29 South, Range 27 East MDB&M, Bakersfield, California, and more particularly described in Exhibit "2" 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 "3" and is 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 real property is being acquired in order to construct a portion of the Project, public roads(s) depicted on Exhibit 1 attached hereto, 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 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; -1- Resolution of Necessity Resolution No. 2009- Property: Wanamaker, et al. C:ADOCUME-IALCOHEMLOCAI.S-IATEMP\XPGRPWISE\RESOLU'nON OF NECESSITY PHASE 4.DOCX 7Ri'G1,NIAL 3. A description of the general location and the extent of the real property to be acquired is attached in Exhibit "I" and "2". 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 described in this Resolution of Necessity and attached exhibits is necessary for the Project; and, (d) Prior to making the above findings and determinations, the City made an offer of compensation as required by California Government Code section 7267.2. See, Exhibit "3". 5. City staff is directed to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution of Necessity. 6. The law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. ("GLCDG"), is hereby authorized and directed to prepare and prosecute proceedings in eminent domain in the appropriate court to acquire for the City of Bakersfield the property interests described and depicted herein and in the attached dsExhibits "1", "2" and "3". GLCDG is hereby further authorized to obtain such orders for immediate possession of the real property. 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 18th day of November, 2009, at Bakersfield, California, by a majority vote of the City Council of the City of Bakersfield. YE Cu~Y r ~ ~ ~1lncirn ~ ~c ~ 1 huh , cZ10 11 uh , SU ro-e NOS: In orb ABSTAIN: Ylpr_ BSE WQ. ( -""r1t HARV Y L. HALL, AYOR -2- Resolution of Necessity Resolution No. 2009- _ ~r~KF~~ Property: Wanamaker, et al. C:\DOCUME-I\I.COHEN\LOCAI.S-I\TEMPVCPORPWISEVRESOLUTTON OF NECESSITY PHASE 4.DCX.X N r C O -3- _nai ATTEST: ~~k)m I PAMELA A. McCARTHY APPROVE AS TO FORM: VIRGI GEN ARO, City Attorney CERTIFICATE OF CITY CLERK I, PAMELA A. McCARTHY, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. t 3()- Ocl passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the 18th day of November, 2009. L" J, ffiz~ PAMELA A. McCARTHY -3- ~~AtfF9 Resolution of Necessity Resolution No. 2009- Property: Wanamaker, et al. ?-'n C:\DOCUME-I\LCOHEN\I.(X.ALS-I\TEMP\XPGRPWISEULESOLUTION OF NECESSM PHASE 4.DOCX )RIGINAI EXHIBIT dlif 1 ORIG NAi. s , 4 yy~j 5 A ~ ,=9~nL~Rtt~pT~i,ffip 141 4 i a r w ~ t j 01 .-Alm to t k f EXHIBIT !!2II a ~ n LEOEN AREA TA,PLE bE45URE0 OR CALCULATCO OEARINGS A ` NO BRACKETS DISTANCES PER CALTRANS AND i OR ORIGINAL PARCEL (GROSS) - 35"213 AC COO SURVEY INVESTIGATIONS ORIGINAL PARCEL INET) - 9.294 AC* PER RECORD Of SURVEY 8K 11 pG q ORIGINAL PARCEL (NET) - 8.146 AC** NE COR OF TAKE 8 (G) - 9.413 AC SE1/4 SECTION 27 i I PER REOCRO OF SURVEY BK 18 PG 138 TAKE 8 lNI - 3.156 AC* T29S.. R27E. TAKE 8 1N - 2.666 AC" I V III ACCESS PROHIBITED REMAINDER (G) - 25.800 AC REMAINDER (N) - 6.138 AC* I REMAINDER (N) - 5.480 AC*w I i +4 -LESS Fl00DWAY j ow - LESS FLOODWAY d EASEMENTS j i 1• ~7Er (7) L2 a:ii;r•) nii. C(;)nl r,rrv nr CAL;I'0NIA i- f,1 (4) CD ® iQ i; rr 6r. I owl q m t i N i Era M 'i 1 ;w - RK IoL ;'N., - z C2 } 1'f,•KF TOW-.R IN[ i' C1 86 i.33 1-'C441 i 0011 N89°08 5-4 "W 1.084.43,. 16 \ Y.FRP! RIVER i v l?F ; i'dJATF D i.000WAY. ~ ---i11~S ilitlATL.U fLr1C')WAY ''~O .•IjQg B 1 N 1 HK 1, h4 1 C.R. i w c\~y v..- 11!1 lei L 1) C, I SCALE: 11-K.E4(a';fEl 1 ` = 200` / ' Pn. (323 / h p~ I x FIo :E ; S1/4 CORNER / r j'" 74 h c0. SE CORNER i SECT-ION 27 / i r 4 SECTION 27 T29S- R27E -1295:.. R27E:: I 589°0654"E 2665.860' QfIOFESSI IS89°07'15"E 2666.811'I A portion of the SE1'4 of Sec. 27. T. 29S. . R. 27E.. M. D.B. M. ` BASIS OF BEARING U RONALD F. RUETTGER ,RUET_T_GERS No. 15369 THE BEARING OF N 00°51'06" E AS THE EAST LINE OF9-~ CHL7L,ER Exp. 3-31-11 THE SOUTHEAST QUARTER OF SECTION 27 i r T~. 44F IVI MOHAWK ST. GRADE SEPERATION OF CALNF Right-of-Way Acquisition Mop 7 I ° C OR-01, MOJ nc. 6-09 uc.394-0 -T- Opp, WANAMAKER JEFF ET AL g 332-280- N:/112-14Rty/F1or3 STD/312-280-31.sht LXh)hit: U -CCL 27+31 ?iGINAL NUMBER DIRECTION DISTANCE L1 N 45°46'51" E 245.71'- L2 N 87°26'14" E 151.74' L3 S 02°33'42" E 5.00' L4 N 48°36'29" E 114.91' LS 5 80°04'48" E 681.14' L6 5 50°52'43" W 723.94' NUMBER DELTA ANGLE TANGENT RADIUS ARC LENGTH Cl 07°59'42" 146.75' 2100.00 293.03' C2 10°05'52" 287.13' 3250.00 572.78' C3 41°39'20" 58.95' 154.95 112.65' C4 38°4943" 123.31' 349.88 237.11' NUMBER DIRECTION R1 N 22°59'50" E R2 S 02°33'48" E ~o Q(tOf E5S /pH P 4~F A portion of the SE1,4 of Sec. 27. T. 29S.. R. 27E.. M. D.B.M. h y~ BASIS OF BEARING R V RONALD F. RUETTGER Zn ,J., \ IE.T T GE RS ¢ No. 15369 THE BEARING OF S 89°06'54" E AS THE SOUTH LINE OF'.~ CHULER EXP. 3-31-11 THE SOUTHEAST QUARTER OF SECTION 27 ~T9T GIV14 MOHAWK ST. GRADE SEPERATION OF CALF Right-of-Way Acquisition Map DRA" BY. MOJ •'E- 5-09 .11'394-0 01T1f°' WANAMAKER JEFF ET AL N:/112-14RW/Plots STD/332-280-27+31.aht P~B[EU B P~: 332-280-27+31 1 /'119!'~IE~11\ PARCEL B APN 332-280-27 APN 332-280-31 ALL THAT PORTION OF LOTS 25 AND 26 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK 1, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 00051'06" E, A DISTANCE OF 659.24 FEET, ON AND ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE N 89°08'54" W, A DISTANCE OF 1,084.43 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY OF THE KERN RIVER DESIGNATED FLOODWAY, AS DESCRIBED IN DESIGNATED FLOODWAY BK.1, PG. 1, OF OFFICIAL RECORDS, AND TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2100.00 FEET, TO WHICH A RADIAL LINE BEARS N 22059'50" E, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07059'42", AN ARC DISTANCE OF 293.03 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3250.00 FEET; THENCE (2) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°05'52", AN ARC DISTANCE OF 572.78 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE CROSS VALLEY CANAL, AS DESCRIBED IN BOOK 4839, PAGE 847 OF OFFICIAL RECORDS; THENCE (3) N 45°46'51" E, A DISTANCE OF 245.71 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 154.95 FEET; THENCE (4) NORTHERLY AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41°39'20", AN ARC DISTANCE OF 112.65 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (5) N 87-26'14" E, A DISTANCE OF 151.74 FEET, ON AND ALONG TIME SOUTII RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; ®k > ;n 4- v o THENCE (6) S 02°33'42" E, A DISTANCE OF 5.00 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAI. AND TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 349.88 FEET AND TO WHICH A RADIAL LINE BEARS S 02'33'48"E; THENCE (7) EASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 38°49'43", AN ARC DISTANCE OF 237.11 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (8) N 48°36'29" E, A DISTANCE OF 114.91 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (9) S 80°04'48" E, A DISTANCE OF 681.14 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID KERN RIVER DESIGNATED FLOODWAY; THENCE (10) S 50°52'43" W, A DISTANCE OF 723.94 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID KERN RIVER DESIGNATED FLOODWAY, TO TIME TRLI: POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF THE WESTSIDE PARKWAY, OVER AND ACROSS COURSE 1, 2, AND 9. AREA: 9.413 ACRES MORE OR LESS FES$ Q~OF Rtjt ¢ No. 015311 s w. „ f ~t~a ~ Exp. 3-31-11 CtVll. 7/, G /~5 ~`aF CAU~Q` a v G-RIGIn`A'I AREA TABLE G" MEASURED OR CALCULATED BEARINGS 6 NO BRACKETS DISTANCES PER CALTRANS AND / OR OR ORIGINAL G NAL PARCEL IPARCEL INET) -.8.001 AC COB SURVEY INVESTIGATIONS I TAKE C IGI - 3.653 AC - 1 021 AC ( PER RECORD OF SURVEY BK 11 PG 4 TAKE C (N) - 2.764 AC NE COR'OF REMAINDER (G) - 4.348 AC ( j PER REOCRO OF SURVEY BK IS PG 138 SE1/4 SE•IfTION 27 REMAINDER (N) - 4.257 AC T29S..'R27E. . LEI I 1 I ACCESS PROHIBITED 1 1 NUMBER DELTA ANGLE TANGENT RADIUS ARC LENGTH ! Cl 06°34'08" 120.71'2100.00' 241.15' C2 02°57'12" 5.80' 225.00' 11.60' ! ' KLRN aI7F.1< L3 (5) i NUMBER DIRECTION DISTANCE Di:C I GNAI lit) r 00CIWA, i L1 N 54°24'52" E 312.81' i'.~ rr, r'-`(. L2 N 51°27'40" E 464.95' L3 S 80°04'48" E 250.73' s .i L4 S 55° 00' 36" W 168.92' L5 S 50°56'54" W 205.18' r•car. rOw(~^I IAIf y © 1 i L6 S 46°52'57" W 306.42' / t'`'" N 1-7 S 50°12'49" W 187.06' ' p... ~2 ! ) Z i. Ki Ln ! a 3 i r J t t, t hr Q NUMBER DIRECT [ ON °z R1 N 33°05 08 E NGAL TOWEK ,.Ir.IF LA:FMF"!I i ul DK ; 392. 1 C.~ , 1 m /POB C N iz C) i.0 IE- C; r al PG 13t3 / o v 1 SCALE: 200, St/4 CORNER j' i :EU'pwNlC :11; =[•.U,R:r. f,, I SECTION 27 fir " ?t% T295. t. R2.IE. - " i •756.1------- S89°06'54"E 2665.860' IS89°07'15"E 2666.811') SEt/4 CORNER SECTION 27 eRpFESSlpN 7295.. R27E• Q~4 4l c^ A portion of the SEI'4 of Sec. 27. T. 29S.. R. 27E.• M.O.B.M. y y~ BASIS OF BEARING RONALD r. RUETTGE R TET.TGT' E:l~S s NO. Ism THE BEARING OF S 89°06'54" E AS THE SOUTH LINE OF ~H~li_E`~' Exp.3-31-11 THE SOUTHEAST QUARTER OF SECTION 27 E^• C s'4 IV ~P MOHAWK ST. GRADE SEPERATION OF CALIF Right-of-Way Acquisition Mop aw'~/1 7 0 (.~o OR• 191: MOJ A*E' 6-09 ILC°394-0 WANAMAKER JEFF ET AL N:/11 •14Rrr/Plots STO/332-280-32-sht C 332-280-32 AREA C APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK 1, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 89°06'54" W, A DISTANCE OF 756.17 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE N 00°53'06" E, A DISTANCE OF 490.06 FEET, TO A POINT ON THE NORTH LINE OF PROPERTY DEEDED TO CITY OF BAKERSFIELD AS DESCRIBED IN BK. 6456, PG. 1323 OF OFFICIAL RECORDS, AND TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2100.00 FEET AND TO WHICH A RADIAL LINE BEARS N 33°05'08" E, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06034'08", AN ARC DISTANCE OF 241.15 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE BIKE PATH AS DESCRIBED IN BK. 6456, PG. 1323 OF OFFICIAL RECORDS; THENCE (2) N 54°24'52" E, A DISTANCE OF 312.81 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH, TO.THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 225.00 FEET; THENCE (3) EASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°57' 12", AN ARC DISTANCE OF 11.60 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH; THENCE (4) N 51°27'40" E, A DISTANCE OF 464.95 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH; THENCE (5) S 80°04'48" E, A DISTANCE OF 250.73 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TRUXTUN AVE., AS DESCRIBED IN BK.5231, PG.233 OF OFFICIAL RECORDS; THENCE (6) S 55°00'36" W, A DISTANCE OF 168.92 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; 2~ THENCE (7) S 50°56'54" W, A DISTANCE OF 205.18 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (8) S 46°52'57" W, A DISTANCE OF 306.42 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVEJO A POINT ON THE NORTH LINE OF SAID PROPERTY DEEDED TO CITY OF BAKERSFIELD; THENCE (9) S 50°12'49" W, A DISTANCE OF 187.06 FEET, ON AND ALONG THE NORTH LINE OF SAID PROPERTY DEEDED TO CITY OF BAKERSFIELD TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF THE WESTSIDE PARKWAY, OVER AND ACROSS COURSE 1 AND 5. AREA: 3.653 ACRES MORE OR LESS w~a F. R1Er~ Fyn 2 No 0:5389 N ~ qe. (i. ,1 ~ E~.331=t1 ~ U 7~0 ~~o q TI AREA TABLE LEGEND MEASURED OR CALCULATED BEARINGS & ANS AND / OR ORIGINAL PARCEL (GROSS) 4.956 AC NO BRACKETS DCOBIS SURVE TANCESY IPER CALNVESTITRGATI ONS ORIGINAL PARCEL (NET) - 3.713 AC ~ TAKE D I G I - 4.956 AC NE COR 'OF ` r I PER RECORD OF SURVEY BK tt PG 4 TAKE D IN) - 3.713 AC SEnION 21', ) REMAINDER (G) - 00.000 AC { 1 PER RECCRD OF SURVEY 8K 18 PG 738 SE1/4 ; REMAINDER 1N7 - 00.000 AC T29S..•'R27E.- ACCESS PROHIBITED _i U1111 r - ~ NUMBER DIRECTION DISTANCE I. :UNA te.G r1.Gt1I7WA4 L1 N 89°06'54" W 114.45' BK. 1. 'G 1 0.R. L2 N 46°32'46" E 457.39' ; L3 N 43°28'55" W 10.00' L4 N 45°50'45" E 402.99' L5 N 46°52'57" E 306.42' L6 N 50°56'54" E 205.18' L7 N 55°00'36' E 291.21 L8 S 00°51'06" W 380.50' >5: t '?\t w L9_ S 85°49'55' W 228.32' PGA[ TidkF.k .INI- CO L10 S 59°31'19" W 172.00' I, A. I 00 L11 S 54°00'02" W 295.76' L12 S 47° 44' 27 W 298. 71 L13 N 43°28'51 W 10.00' L14 S 46°3242 W 375.50' / 21`. _ y. ? ~ ~ r , r. ~cc 10~ 4 i A(.iL) I T i it l G I A WA ; D CiC IU 2UC?`1Ryiti'i 1 LO ~ ~ I O \ Ur, l l;'d A it i l C.``tF' 1` i uti K?~ ' yL' i' C) r J sa,, 1` C ; r'r Ur' i RAK;-RSF L13 (13) i SCALE: r>r,. 1..23 1' - 200' i - ; S1/4 CORNER ;j' a!..L .Ftrr:-n t( artu :.:E-:..ar• ) SECI;ION 27 I T29$ RZTt.- i I ! ,i Ahe - _ - - _ _ _ _ - - - - - 1 104.81 (1) L1 POB D 589°06'54"E 2665.860' iS89°07'15"E 2666.811'1 SE CORNER QROF 0 E S S )4 SECTION 27 T29S.. R27E. QUO 4(~ A portion of the SE"4 of Sec. 27. T. 29S.. R. 27E.. M.D.B•M. BASIS OF BEARING V RONALD F. RUETTGER E.TTGERS No. 15369 THE BEARING OF S 89°06'54" E AS THE SOUTH LINE OF C~.HULE.: E%p• 3-31-11 THE SOUTHEAST OUARTER OF SECTION 27 * * .,CIVIL F:~cr,~)-r1'.:s.. ~rgTF 1V IL ~mNQ MOHAWK ST. GRADE SEPERATION OF CALF Right-of-Way Acquisition Mop 411,~k' G {1 ry -7 o L o G DNAM SY1 MOJ A'1, 6-09 LE°394-0 I °MNEP' WANAMAKER JEFF ET AL N:/112-14RM/Plats STD/332-280-32-ant 0 332-280-3 ~N~~y4T 1 0 a t~ I i. AREA D APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK 1, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 89°06'54" W, A DISTANCE OF 1104.81 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, TO A POINT ON THE SOUTH RIGHT OF WAY OF TRUXTUN AVE., AS DESCRIBED IN BK.5231, PG.233, OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE (1) N 89°06'54" W, A DISTANCE OF 114.45 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, TO A POINT ON THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (2) N 46°32'46" E, A DISTANCE OF 457.39 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (3) N 43°28'55" W, A DISTANCE OF 10.00 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (4) N 45°50'45" E, A DISTANCE OF 402.99 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (5) N 46°52'57" E, A DISTANCE OF 306.42 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (6) N 50°56'54" E, A DISTANCE OF 205.18 FEET, ON AND ALONG THE, NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (7) N 55°00'36" E, A DISTANCE OF 291.21 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE., TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE (8) S 00°51'06" W, A DISTANCE OF 380.50 FEET, ON AND ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER, TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE, SAID POINT BEARING N 00°51'06" E ALONG SAID EAST LINE A DISTANCE OF 746.71 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE (9) S 85°49'55" W, A DISTANCE OF 228.32 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (10) S 59-31'19" W, A DISTANCE OF 172.00 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (11) S 54°00'02" W, A DISTANCE OF 295.76 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (12) S 47°44'27" W, A DISTANCE OF 298.71 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (13) N 43°28'51" W, A DISTANCE OF 10.00 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (14) S 46°32'42" W, A DISTANCE OF 375.50 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE., TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, AND THE TRUE POINT OF BEGINNING; AREA: 4.956 ACRES MORE OR LESS mX~ 'DF. Rli a No. C1 L} Ge +i1~ t vv Exp. 3-31-11 ®w AREA TABLE =END MEASURED OR CALCULATED BEARINGS 4 ORIGINAL PARCEL (GROSS) - 11.'166 AC NO BRACKETS DISTANCES PER CALTRANS AND / OR NE COR OF ORIGINAL PARCEL iNET) - 11.091 AL COB SURVEY INVESTIGATIONS SE1/4 SECTION 27 TAKE E (G) - 11.766 AC ( PER RECORD OF SURVEY BK 11 PG 4 T29S.. R27E. TAKE E IN) - 11.091 AC j REMAINDER (G) - 00.000 AC { } PER REOCRO OF SURVEY SK 18 PG 138 : - j REMAINDER IN) - 00.000 AC j (I I 1 I I ACCESS PROHIBITED ~ I 1 •'L°?i ..MLR 1 3f .Ivka1CA) I LUU;,,WAr. 1 NUMBER DIRECTION DISTANCE h'SIt;rlAl;ir, Fu?i~owr.r 1 L1 N 89°06'54" W 1104.81 HK 1• PC 0. k. L2 N 46°32'42" E 375.50' L3 S 43°28'51" E 10.00' L4 N 47°44'27" E 298.71' ! L5 N 54°0002 E 295.76' P' 1 L6 N 59°3119" E 172.00' L7 N 85°4955 E 228.32' / j L8 S 00°5106 W 746.71 tC8 Tw+[F .IrJt:. ` t N I ;h 5 i F+( F j W N v) i 11 ;1 i P C r ° 0 Z L7 1 1 r~ I't,AE ' HWL-c 1 ;N,. W z j j'~ ~ tHJ€U~i Gt. Ci)lvtl'Atl' J CI C"~ I!`nkr:;:: 7, 1 i i.~. HAKi-P.'>F'f: L3 13K. 5G• SCALE: 1.)23 200' 51 /4 CORNER J / Pnr; : t : C ' :LFr -':m : r 0 I! a ; •,eeP! rr,. SEC ION 27 F"r, 1 ,41. Pi. > T29S,- R23E _ /°.i POE1 E S89°06'54"E 2665.860' (589°07'15"E 2666.811') SE CORNER SECTION 27 Q~tOfESST295.. R27E• t~0 4( A portion of the SE1'4 of Sec. 27• T. 29S. • R. 27E• • M.D.B.M. yQ Fyn BASIS OF BEARING V RONALD F. RUETTGER RI TET.TGE RS it No. 15369 z THE BEARING OF S 89.06' 54 " E AS THE SOUTH LINE OF 6SCHOLE R. Exp.s-31-n THE SOUTHEAST QUARTER OF SECTION 27 a it * . L11/1 L.1_:~:G! \E iaS . ~l4C/V1 MOHAWK ST. GRADE SEPERATION OF CAL Right-of-Way Acquisition Map fiw L L 4 /1 w.• Y J O G p4Aw e•: MOJ ATE: 6-09 .Lt'394-0 awc4, WANAMAKER JEFF ET AL N:/11 -14RW/Plots STO/332- 6D-32•sht °'Ptt" E 332-280-32 ^l AREA E APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK I, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; ALL THAT PORTION OF THE SOUTHEAST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., LYING SOUTHERLY OF THE SOUTHERN RIGHT OF WAY OF TRUXTUN AVENUE AS DESCRIBED IN BK.5231, PG.233 OF OFFICIAL RECORDS. AREA: 11.766 ACRES MORE OR LESS f. RV 02 G'.ns * E)41 3.3r•it ~ U CIVi1. ~g `:h~~ta~~~NL EXHIBIT 3 JRIGINAI ;r 0 B A K E R S F i E L D September 25, 2009 Certified Mail - Return Receipt Requested (See attached list of property owners) Re: Westside Parkway Project, Phase 4 - Offer to Purchase Real Property - APN 332-280-27, -30, -31, -32 Dear Property Owner(s): As you know, we are consulting engineers to the City of Bakersfield (the "City"). The City Council has authorized negotiations to purchase a portion of your property, located near the Kern River, for the Westside Parkway Project, Phase 4. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers Three Million Nine Hundred Eighty-Three Thousand dollars ($3,983,000) as total just compensation for acquisition of the property. You will be compensated based upon your fractional ownership interest of the property. Attached for your information is: the Appraiser's Summary of the Basis for the Appraisal (Exhibit A); Appraiser's Opinion of Compensation (Exhibit B), Certificate of Appraiser (Exhibit C); and plats and legal descriptions of the area to be acquired (Exhibit D). The above offer represents the full amount believed by the City to be just compensation for your property as determined by Karpe 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. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser is licensed with the Office of Real Estate Appraisers (OREA); c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City along with copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser. The costs must be reasonable and justifiable. 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 City of Bakersfield • Property Management Division • 1600 Truxtun Avenue Bakersfield - California • 93301 (661) 326--3061 - Fax (661) 852-2042 ~C'wkF~ prope rty;iehttker4iiPWCitv.u' c~ p lr'~1f~1~iC~l Property Owners 394-08 September 25, 2009 Page 2 will pay normal closing costs, i.e. escrow fee and title insurance. You will be responsible for the costs of delivering unencumbered title, i.e. taxes, demands by lien holders. By letter dated July 1, 2009, you were provided a copy of the booklet "Your Property/Your Transportation Project" and a flyer, "Your Rights Under Title V1 & Related Laws." In addition to the previously outlined Exhibits, enclosed with this correspondence please find definitions of Just Compensation/Fair Market Value. Please contact me at your earliest convenience to discuss the City's offer. I may be reached by telephone at (661) 327-1969, ext. 214 or by email at WlaneQrscivil.com. Thank you. Very truly yours, Sheila K. Plane, Ruettgers & Schuler Civil Engineers Right of Way Agent Enclosures: Appraiser's Summary of the Basis for the Appraisal (Exhibit A) Appraiser's Opinion of Compensation (Exhibit B) Certificate of Appraiser (Exhibit C) Plats and Legal Descriptions (Exhibit D) Just Compensation/Fair Market Value Definitions cc: Donald M. Anderson, Real Property Manager - City of Bakersfield Theodore M. Wright, Civil Engineer IV - City of Bakersfield. City of Bakersfield • Property Management Division • 1600 Truxtun Avenue Bakersfield • California • 93301 (661) 326-3061 • Fax (661) 852 -2042 cn t 1- c~ o GRIGINA6 Robert Wanamaker, Est. Charles B. Randall P.O. Box 4106 2510 North 815' Street Incline Village, NV 89450-4106 Wauwatosa, WI 53213 Jeff Wanamaker Judy Shultis Steffens 11.0. Box 4106 1938 South Boxelder Avenue Incline Village, NV 89450-4106 Casper, WY 82604 James L. Leonhard & Robin C. Leonhard, James A. Shultis Trustees 844 Kalispell Street 1840 Layfayette Road Aurora, CO 8001.1-7370 Claremont CA 91711 Kerminette S. Bonney Masonic Homes of California 16090 West Desert Winds Drive Attn: William Tsoules Surprise, AZ 85374-4983 1111 California Street San Francisco CA 94108-2284 Annetta Lee 20018 North 47" Lane John R. Mathie, Trustee Glendale, AZ, 85308-5127 8825 West Stickney Avenue Wauwatosa, WI 53226-2734 Kerminette S. Bonney and George W. Bonney 16090 West Desert Winds Drive Marshall Plan, LTD. Surprise, AL 85374-4983 6841 Livingston Drive Huntington Beach, CA 92649 Russell. D. Garner Tucker Garner Edwin Leroy Tolles, Trustee Janette R. Garner P.O. Box 55007 Metro Station 7256 I folly Hill Drive Los Angeles, CA 90055 Mercer Island, WA 98040 Mary Anne Garner Frisone, Trustee Charles W. and Anne Lane Bozarth, 'Trustees 25300 Randall Way 1 Goldring Place Carmel, CA 93923-8370 Rolling Hills, CA 90274-2505 James E. and Cherron G. Munson, 'Trustees Toni Lynn Bloemer Cooper, Executrix P.O. Box 141 12429 Mauna Loa Avenue Deer Harbor, WA 98243-0141 Bakersfield CA 93312 Gayle Garner Roski, Trustee Optomists Boys Home Ranch 10051 Valley Springs Lane Attn: Doug Buttrick North Hollywood, CA 91602 6957 N. Figueroa Street Los Angeles, CA 90042 Patricia Burns Gebhardt 7748 North Club Circle Northern Trust Milwakee, WI 53213 Attention: Cathy Yanez 355 South Grand Avenue, Suite 2600 Los Angeles. CA 90071 a w U b L RRR Custody .Attention: Cathy Yanez 355 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 Ralph B. Tippet 64272 East Round Robin Lane Tucson, AZ. 85739 Cornelia M. Bell (Rich) 215 Belmont Forest Court #201 Timonium, MU 21093-7773 Laurie Link Wallace 24 Polc Plain Road Sharon, MA 02067-1741 Robert James Rudolph. Trustee 2212 Federal Avenue Fast Seattle, WA 98102-4144 Mark A. Treadwell 800 Wilshire Blvd. Los Angeles, CA 90017 kK4. c )'RIGiNAL STATE OF C.ALIFORNI A • DEPARTMENT OF TRANSP(" RTA-101 C[)A Ftp&1.1'I. (~:}i l }3} f APPRAISAL SUMMARY STATEMENT This document contains personal inliunuuon and 18-EX-15A REV 0512007) pursuant to Civil Code 1798.2), it sball be kepi confidential in order to protect against unuudwriaed (Form it) disclosure. Page 1 of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date Owner: Jeff Wannamaker et al Date Acquired: N/A Property Address: Ptn. S% Section 27, T29S/R27E Property to be Part MDB&M acquired: Locale: Bakersfield, CA Total Property Area: 59.936 Acres Including Access Rights Yes STATUTORY BASIS OF VALUATIQ The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Code of Civil Procedure Section 1263.820 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 full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Code of Civil Procedure Section 1263.321 defines Fair Market Value as follows: A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in subdivision ® of Section 824 of Evidence Code. The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section as defined above. BASIC PROPERTY DATA Interest valued: Fee Date of inspection.: July 28, 2009 Original Updated ❑ Date of valuation: July 28, 2009 Original Updated ❑ Applicable zoning: M-2 Industrial; OS Open Space; C-2 Commercial Area to be acquired: 29.788 Acres Higbest and best use: Mixed - Habitat/Recreation & Commercial Current use: Undeveloped Land Exhibit A J p _L EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 05/2007) (Fom1#) Page 2 of 7 AREAS WITHIN THE RIGHT OF WAY Sub-parcel Area Parcel B 9.413 Acres Parcel C 3.653 Acres Parcel D 4.956 Acres Parcel E 11.766 Acres Total Area = 29.788 Acres IMPROVEMENTS WITHIN THE IIIGHT OF WAY Item NIA Lump Sum Total = $ 3,983,000 (Rounded) a. Lt~ Zr - EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-Ea-15A (REV 05/2007) (1-01-1114) Page 3 of 7 Value of the Entire Property $ 4,209,000 Value of the property being acquired including the following improvements: Land: 3,843,953 Imps: $ 0 $ 3,983,356 Value of the remainder as part of the whole before the State's acquisition $ 225$644 Value of the remainder as a separate parcel (cured) $ 225,644 Severance Damages (see page 4): Cost to Cure Damages: $ 0 Incurable Damages: $ 0 Total Damages: $ 0 Benefits (see page 4): $ 0 Net Damages: $ 0 The amount of any other compensation: $ 0 JUST COMPENSATION FOR ACQUISITION $ 3,983,356 Rounded To $ 31983,000 C n tructi-Qi0un.tract Work $ NIA EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 05/2007) (Form P) Page 4 of 7 SEVERANCE DAMAGES COST T. O CURS nA.MAGE. ITEMS Item Size NIA Lump Sum. Total $N/A INCURABLE DAMAGES (Narrative Explanation & calculations, if applicable) Lump Sum Total $N/A TOTAL DAMAGES $NIA BENEFITS (Narrative Explanation, & calculations, if applicable) Lump Sum Total $NIA NET DAMAGES (Total Damages less Benefits) $NIA O Q EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-I5A (REV 05/2007) (Form u) Page 5 of 7 CONSTRUCTION CONTRACT WORK ITEMS I..NIA 2. 3. 4. 5. 6. 7. 8. 9. 10. - 1 U^ EXYIBIT APPRAISAL SUMMARY STATEMENT (Coat.) 3-EX-15A (REV 05/2007) (Form Page 6 of 7 THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 4,209,000 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 knowledgeable vendors. Total Replacement Cost New $ NIA Depreciation from all causes $ )NIA Value of Improvements in Place $ NIA Land (estimated by direct sales comparison) $ NIA Indicated value by Cost Approach $ _ N/A 3. The income approach is based on an analysis of income and expenses to the property. Overall Capitalization Rate NIA % Net Operating Income $ NTIA Indicated value by Income Approach $ _ NIA 4. Other Indicated value $ 4,209,000 SUMMARY OF THE BASIS FOR JUST COMPENSATION The opinion of just compensation is based on a Sales Comparison Analysis. This is the only applicable method of value for the subject property considering the characteristics as vacant land available for development to its highest and best use. Construction of Phase 4 of the Westside Parkway will include partial acquisition of subject Parcels B & C, and full acquisition of Parcels D & E. In the after condition remainder Parcels B & C will have similar access as before. Surface use will continue to be effected by secondary and primary flood designations, as well as encumbrances for petroleum production. Taking into consideration these factors, the remainder parcels will have a similar highest and best use for habitat or recreational purposes in the after condition. For these reasons there is no severance damage calculated to the remainder parcels. c~ O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 0512007) (Pom,) Page 7 of 7 LIST OF PRINCIPAL TRANSACTIONS- VACANT Industrial/Habitat Land ADDRESS: NIA APN: 483-020-01, 05 & 06 SALE DATE: August 24, 2005 SALE PRICE: $1,550,000 ADDRESS: NIA APN: 483-020-22, 25 & 26 SALE DATE: February 2, 2006 SALE PRICE: $5,067,500 ADDRESS: N/A APN: 436-042-03 & 11 SALE DATE: December 21, 2006 SALE PRICE: $500,000 ADDRESS: N/A APN: 172-140-05 & 172-160-14 SALE DATE: October 2, 2008 SALE PRICE: $2,500,000 ADDRESS: NIA APN: 436-061-13 SALE DATE: In Escrow SALE PRICE: $599,880 LIST OF PRINCIPAL TRANSACTIONS -VACANT Commercial Land ADDRESS: N/A APN: 525-010-38 SALE DATE: November 1, 2005 SALE PRICE: $5,200,000 ADDRESS: NIA APN: 394-010-01 SALE DATE: March 19, 2007 SALE PRICE: $4,650,000 ADDRESS: NIA APN: 404-010-50 SALE DATE: February 29, 2008 SALE PRICE: $5,700,000 ADDRESS: N/A APN: 522-610-01, 02, 03, 04, 05, 06 & 07 SALE DATE: September 28, 2008 SALE PRICE: $3,850,000 ADDRESS: NVA APN: 525-010-10 & 525-010-26 SALE DATE: May 29, 2009 SALE PRICE: $4,650,000 J C7 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF S-EX-16 (RJ1,-2;2007) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2 (Form The California Department of Transportation is proposing to construct Phase 4 of the Westside Parkway Project. Your property located in the S%a of Section 27, T29S/R27E is within the project area, and is also identified by your county assessor as Parcel No. 332-250-27 (Portion), 30, 31 (Portion), 32. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Department of Transportation purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which islare owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is fee simple. The property being purchased comprises a total of 29.836 acres and is described by the attached right of way maps and legal descriptions. 4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Department of Transportation. 5. Pursuant to Civil Code of Procedure Section 1263.025 should you elect to obtain an independent appraisal, the Department will pay for the actual reasonable costs up to $5,000 subject to the following conditions; a. You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with the selected appraiser, the Department will not be a party to the contract; ~ m DRIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-Ex-16 (REV 2/2007) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2 (Form 41) b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA). c. Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation, Division of Right of Way, Attention: Roberta K. Odahl, 855 M Street, Suite 200, Fresno, California, 93721, within 90 days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the Department of Transportation concurrent with submission of the appraisal cost reimbursement request- The costs must be reasonable and justifiable. 6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 7. If you ultimately elect to reject the State's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your interest in the real property sought to be acquired by the Department of Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12. h- _ ORJGINIAL Opinion of Compensation 1. Market Value of Property "Before Condition $4,209,000 2. Estimated Value of Portion to be Acquired Parcel B 9.413 Acres @,) $7,500/Acre = $ 70,598 Parcel C 3.653 Acres ii 57,500/Acre = $ 27,398 Parcel D North of Truxtun Center Line 2.478 Acres CW $375/Acre = $ 929 South ofTruxtun Center Line 2.478 Acres @ $16,335/Acre = $ 40,478 Parcel E $7.50/SF = $3.843.953 512,527 SF 6 Total Acquisition Cost $3,983,356 Value of'Remainder "Before Condition" $ 225,644 4. Value of Remainder "After Condition" $ 225,644 5. Severance Damage $ 00 6. Total Value of Portion to be Acquired Plus Severance Damage (No. 2 + No. 5) (Rounded) $3,983,000 Exhibit 13 = m ORGINAI CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, upinions, and conclusions are limited only by die repurtcd 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 for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 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 necessary to 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, it is my opinion that the market value of the subject property in its present condition, as of July 28, 2009, is as follows: Market Value "Before" $4,209,000 Value of Part Taken $3,983,356 Severance Damage $ 00 Total Value of Portion To Be Acquired (Rounded) $3,983,000 r Randy X. Merr an, MAI, SRA Certi icate No. AG006809 RKM/clg . ~~~hFy ~s Exhibit C )~iGGll~i~+l F ND A.REA TAB_E MEASURE-' OR CALCULATED REARiNGS RACKETS DISTANCES PER CALTRANS AND / OR ORIGINAL PARCEL (GROSS) - 35.213 AC COO SURVEY INVESTIGATIONS ORIGINAL. PARCEL (NET) - 9.294 AC* I I PER RECORD OF SURVEY SK ti PG 4 ORIGINAL PARCEL (NET) - 8.146 AC** NE COR OF TAKE 6 (G) - 9.413 AC SET/4 SECTION 27 i { } PER REOORD OF SURVEY SK )8 PG 138 TAKE 8 (N1 - 3.156 AC* T29S.. R27E• TAKE B ( N 1 - 2.666 AC** REMAINDER JG) - 25.800 AC 'S 1 1 1 1 1 1 ACCESS PROHIBITED REMAINDER IN) - 6.138 AC* REMAINDER IN) - 5.480 AC*-* i i rr - LESS FLOODWAY LESS FLOODWAY d EASEMENTS f i i C4 L (91 i (7) i I rfd I1 1. ;tAl'A~d'i 11 C. AL P. L3 (6) C3 (4) o 1,2) t~ a iQ l CC ~ N 1 to • 1 Ln C2 I zz FAS(rA IIIT U1 .e... ( 1 ) rI '489°08 5.4 W KI. - P1V;R 084.43; WA ~D 17, C\l "X LO SCALE: AK t+t~l j K. 6 f>. 1 - 200' yr: , t t?> 3 t S1/4 CORNER 124!. + SE CORNER ) SECTION 27 i SECTION 27 1 T29.5... _R27E 295. R27E. r S89°06'54"E 2665.860' T QROfESS/p~ (589°07'15"E 2666.811') A portion of the SEI,4 of Sec. 27. T. 29S.. R. 27E.. M.D.B.M. @A-IS, OF BEARING RONALD F. RUETTGER m ETTGERS No. 15369 'm THE BEARING OF N 00°51'06" E AS THE EAST LINE OF CHULER • * Exp. 3_31_11 THE SOUTHEAST QUARTER Of SECTION 27 4 Givl MOHAWK ST. GRADE SEPERATION OF CAL 1E Right-Of-Way Acquisition Map DRAWN SV: MOJ ATE, 6-09 1u:394- A ow1ER: WANAMAKER JEFF ET AL 'c Exhibit U PARCEL! B 332-280-27t N:/112-34RW/PI0tS SID/332-280-31.8ht ` ORIGINAL NUMBER DIRECTION DISTANCE L1 N 45°46'51" E _245.71' L2 N 87°26'14" E 151.74' L3 S 02°33'42" E 5.00' LAM N 48°36'29" E 114.91' 1-5 S 80°04'48" E 681.14' 1-6 S 50°52'43" w 723.94' NUMBER DELTA ANGLE TANGENT RADIUS ARC LENGTH C1 07°59'42" 146.75' 2100.00' 293.03' C2 10°05'52" 2.87.13' 3250.00 572.78' C3 41°39'20" 58.95' 154.95' 112.65' C4 38°49'43" 123.31' _349.88 237.11' NUMBER DIRECTION R1 N 22°59'50" E R2 S 02°33'48" E QRpfC•SS/pN ~O q! A portion of the SE"4 of Sec. 27. T. 295.. R. 27E.. M. O.B. M. y~2 ~yo BASIS OF BEARIN R Lj RONALO F. RUETTGER M TETTGERS No. 15369 THE BEARING OF S 89°06'54" E AS THE SOUTH LINE OF CHULE R E%p.3-31-11 THE SOUTHEAST QUARTER OF SECTION 27 ~T4- CIVIL MOHAWK ST. GRADE SEPERATION OF CALIF Right-of-WOy ACQUiSition Map DRAW a.: a[f[: fll.F= ~(a ~n, 7 DQ, MOJ 5-09 394-itl4'`35 OWNER! WANAMAKER JEFF ET AL. > '1 H:/112-14RW/Plots STO/332-280-27a31.aht PARCEL: D ~~332-280-2T+ PARCEL B APN 332-280-27 APN 332-280-31 ALL THAT PORTION OF LOTS 25 AND 26 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK 1, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 00051'06" E, A DISTANCE OF 659.24 FEET, ON AND ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE N 89°08'54" W, A DISTANCE OF 1,084.43 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY OF THE KERN RIVER DESIGNATED FLOODWAY, AS DESCRIBED IN DESIGNATED FLOODWAY BK.1, PG. 1, OF OFFICIAL RECORDS, AND TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2100.00 FEET, TO WHICH A RADIAL LINE BEARS N 22°59'50" E, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°59'42", AN ARC DISTANCE OF 293.03 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3250.00 FEET; THENCE (2) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°05'52", AN ARC DISTANCE OF 572.78 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE CROSS VALLEY CANAL, AS DESCRIBED IN BOOK 4839, PAGE 847 OF OFFICIAL RECORDS; THENCE (3) N 45°46'51" E, A DISTANCE OF 245.71 FEET, ON AND ALONG THE SOU'T'H RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL, 1.0 THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 154.95 FEET; THENCE (4) NORTHERLY AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41039'20", AN ARC DISTANCE OF 112.65 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (5) N 87-26'14" E, A DISTANCE OF 151.74 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; T7 THENCE (6) S 02°33'42" E, A DISTANCE OF 5.00 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL AND TO THE BEGINNING 01: A NON=TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 349.88 FEET AND TO WHICH A RADIAL LINE BEARS S 02°33'48" E; THENCE (7) EASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 38°49'43", AN ARC DISTANCE OF 237.11 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (8) N 48°36'29" E, A DISTANCE OF 114.91 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY LINE OF SAID CROSS VALLEY CANAL; THENCE (9) S 80°04'48" E, A DISTANCE OF 681.14 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID KERN RIVER DESIGNATED FLOODWAY; THENCE (10) S 50°52'43" W, A DISTANCE OF 723.94 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID KERN RIVER DESIGNATED FLOODWAY, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHT'S OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF THE WESTSIDE PARKWAY, OVER AND ACROSS COURSE 1, 2, AND 9. AREA: 9.413 ACRES MORE OR LESS a ~ r° c ?u r a C pia. C153fg r &AAA up. "'ll 4(f ....r> Civil. ~ ~j fVt 7/o A aF CAl1E0~ fi 1 . AREA TABU LEr,FND MEASURED OR CALCULATED BEARINGS 6 OR NO BRACKETS DISTANCES PER CALTRANS AND / OR IG]NAL PARCEL (GROSS) - B.D01 AC ORIGINAL PARCEL (NET) - 7.021 AC COB SURVEY INVESTIGATIONS TAKE C (0) - 3.653 AC { I PER RECORD OF SURVEY BK 11 PG 4 NE COR'OF r~ !AKE C IN) - 2.764 AC E•C7dON 27 ! REMAINDER (0) - 4.348 AC { PER AEOCRD OF SURVEY SK 18 PG 138 SE SE1/4 /4 ' $ ' ECT-I 1 REMAINDER IN) - 4.257 AC I I; I I 1 ACCESS PROHIBITED NUMBER DELTA ANGLE TANGENTiRAI) IUS ARC LENGTH F I C1 :~j 06°34'08" 120.712100.00' 241,15' i C2 02°57'12" 5.80' 225.00' 11.60' ! e _Rt; :I'Tk L3 (5) NUMBER DIRECTION DISTANCE L.1 N 54° 24' 52' E 312.81 L2 N-51°27'40" E 464.95' L3 S 80' 04' 48" E 250.73 L4 S 55°00 36" IN 168.92' L5 S 50°56'54" w 205.18' f 'y y! l.lr)i ~'L N L6 S 46°52'57" IN 306.42 Arta L7 S 50°12'49" w 187.06' Lo NUMBER DIRECTION _ z to i I::, ;h:~ac^tt i rn w /POB C N i to 11.76,1 Olt r-v~ 41 ! F,f.F;:RSF [ i. to O t iiK. SCALE: i r t.. t ° ' O 1 200' i 51/Q CORNER All p•at:i ii. ,';:LCS.nnL 4,110 T[r0. i SECTION 27 7295. R~7E, 71 - - - - - - - - - - _ - - - - - - - _ -._y _._.756. 17' S89°06'54"E 2665.860' IS89°07'15"E 2666.811') SE1/4 CORNER SECTION 27 QRpFESS10J/ T29S.. R27E. ~o of A portion of the SE"4 of Sec. 27. T. 29S.. R. 27E.. M.D.B.M. Fyn BASIS OF BE AR I NG T V RONALD F. RUETTGER n+ R" I.ETT-GERS w NO. 15369 THE BEARING OF S 89° 06' 54" E AS THE SOUTH LINE OF i "~`1CT- tJL.ER. Exp.3-31-1t * THE SOUTHEAST OUARTER OF SECTION 27 Jj4T JV 1 MOHAWK ST. GRADE SEPERAT (ON FOF CAL NF Right-of-WOy ACgLtiSitiOn MOP on .w eY: m0i Arc, r o-09 L 9 4- ~C . YJANA NAMAKER JEFF ET A AL V~ r.acu.: C 332-28092 R:J1 t2^t 4RwJPiars STp/332-280-32. ynt J AREA C APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN TII1-, COUNT)' OF KERN, S'T'ATE OF CALIFORNIA, ACCORDING TO TILL SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK I, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 89°06'54" W, A DISTANCE OF 756.17 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE N 00°53'06" E, A DISTANCE OF 490.06 FEET, TO A POINT ON THE NORTH LINE OF PROPERTY DEEDED TO CI'T'Y OF BAKERSFIELD AS DESCRIBED IN BK. 6456, PG. 1323 OF OFFICIAL RECORDS, AND TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2100.00 FEET AND TO WHICH A RADIAL LINE BEARS N 33005'08" E, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 'T'HENCE (1) NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°34'08", AN ARC DISTANCE OF 241.15 FEET, TO A POINT ON THE SOU'T'H RIGHT OF WAY LINE OF THE BIKE PATH AS DESCRIBED IN BK. 6456, PG. 1323 OF OFFICIAL RECORDS; THENCE (2) N 54°24'52" E, A DISTANCE OF 312.81 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 225.00 FEET; THENCE (3) EASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°57' 12", AN ARC DISTANCE OF 11.60 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH; THENCE (4) N 51°27'40" E, A DISTANCE OF 464.95 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID BIKE PATH; THENCE (5) S 80°04'48" E, A DISTANCE OF 250.73 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TRUXTUN AVE., AS DESCRIBED IN BK.5231, PG.233 OF OFFICIAL RECORDS; THENCE (6) S 55°00'36" W, A DISTANCE OF 168.92 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; 0 IRWAU THENCE (7) S 50°56'54" W, A DIS'T'ANCE OF 205.18 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (8) S 46°52'57" W, A DISTANCE OF 306.42 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.,TO A POINT ON THE NOR'T'H LINE OF SAID PROPERTY DEEDED TO CITY OF BAKERSFIELD; T14ENCE (9) S 50°12'49" W, A DISTANCE OF 187.06 FEET, ON AND ALONG THE NOR'T'H LINE OF SAID PROPERTY DEEDED TO CITY OF BAKERSFIELD TO THE TRUE POINT OF BEGINNING; TOGIr'I'HER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT OF THE WESTSIDE PARKWAY, OVER AND ACROSS COURSE I AND 5. AREA: 3.653 ACRES MORE OR LESS 33111 Or.~f v r ORIGINAl AREA TABLE t .N..n MEASURED OR CALCULATED BEARINGS d NO BRACKETS DISTANCES PER CAI TRANS AND / OR I ORIGINAL PARCEL (GROSS) - 4.956 AC COB SURVEY INVESTIGATIONS 1 ORIGINAL PARCEL (NET) - 3.713 AC I TAKE 0 (G) - 4.956 AC ( I PER RECORD OF SURVEY BK 11 PG 4 NE COR'OF TAKE D (N) - 3.713 AC i REMAINDER (G) - 00.000 AC ( I PER REOCRO OF SURVEY SK 78 PG 136 SE1/4 SE&,whl 27•• I REMAINDER (N) - 00.000 AC T29S..-'R27E.• i I I I I I I ACCESS PROHIBITED i t( x i.!: r1111wr, NUMBER D I RECT ION DISTANCE iL1 N 89°06'54" W 114.45'+ t, 1 G. F'. t L2 N 46°32'46"JE 457.39' L3 N 43°28'55" W 10.00' L4 N 45°50'45" E 402.99' L5 N 46°52'57" E 306.42` :.;~`•,4. LG N 50°56'54 E 205.18' t L7 N 55°00'36 E 291.21 L8 S 00°51'06 W 380.50' L9 _ 5 85°49'55' W 228.32' cK T 4i=H _r;L 71 0 5 59°31119" W 172.00' w 7 t sf Lit S 54°00'02" W 295.76' L12 S 47°44'27" W 298.71' / i L13 N 43°28'51" W 10.00' li 1 m L 14 S 46'32'42" W 375.50' ''t `i° y 4 z _ L q- (91k W i VIA l • .l- j W X11 ~ o a; N i L1 o i z L3 Y.; i>FI(+„ L13 (13) j SCALE: t 2 = 200' i S1/4 CORNER 1A ;y' ac t._ ;sr:. ..11.1 a i SECTION 27 is i T29$ ..R2TE' t 1104. 81 (1) L1 POB 0 S89°06'54"E 2665860' (S89°07'15"E 2666.811') SE CORNER SECTION 27 QR4FESS/p4, T29S.. R27E. ~O 4l A portion of the SE1'4 of Sec. 27. T. 29S.. R. 27E.. M.D.B.M. H4 Fyn BASIS OF BEARING ~y RONALD F. RUETTOER Zi E-T-TGER.S it NO. 15369 THE BEARING OF S 89°06'54" E AS THE SOUTH LINE D~CIJUIER Jv * Exp. 3-31-11 * THE SOUTHEAST OUARTER OF SECTION 27 :LI11I-_I:~lii, c Gr ~l•4 CIVI MOHAWK ST. GRADE SEPERATION TF OF CARight-of-Way Acau i S i t i on Mop ' i.A f.v^y `7 cL o Ba.unBY. MOJ .TI 6-09 ru:39I- PK WANAMAKER JEFF ET AL T N:/i1Z-14RW/FtOt6 STD/332-20D-32.sht ftnf`° D 332-280- . ~.i i`J AREA D APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK 1, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE N 89°06'54" W, A DISTANCE OF 1104.81 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, TO A POINT ON THE SOUTH RIGHT OF WAY OF TRUXTUN AVE., AS DESCRIBED IN BK.5231, PG.233, OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE (1) N 89°06'54" W, A DISTANCE OF 114.45 FEET, ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, TO A POINT ON THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (2) N 46°32'46" E, A DISTANCE OF 457.39 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE..; THENCE (3) N 43°28'55" W, A DISTANCE, OF 10.00 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (4) N 45°50'45" E, A DISTANCE OF 402.99 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (5) N 46°52'57" E, A DISTANCE OF 306.42 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (6) N 50°56'54" E, A DISTANCE OF 205.18 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (7) N 55°00'36" E, A DISTANCE OF 291.21 FEET, ON AND ALONG THE NORTH RIGHT OF WAY OF SAID TRUXTUN AVE., TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE (8) S 00°51'06" W, A DISTANCE OF 380.50 FEET, ON AND ALONG SAID EAST LINE. OF THE SOUTHEAST QUARTER, TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE, SAID PONT BEARING N 00°51'06" E ALONG SAID EAST LINE A DISTANCE OF 746.71 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 27; AKEc- 4 (4, y - - ~I~ftt THENCE (9) S 85°49'55" W, A DISTANCE OF 22832 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (10) S 59-31'19" W, A DISTANCE OF 172.00 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (11) S 54°00'02" W, A DISTANCE OF 295.76 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (12) S 47°44'27" W, A DISTANCE OF 298.71 FEET, ON AND ALONG THE SOUTIi RIGHT OF WAY OF SAID TRUXTUN AVE.; THENCE (13) N 43°28'51" W, A DISTANCE OF 10.00 FEET, ON AND ALONG THE SOUTH RIGIfF OF WAY OF SAID TRUXTUN AVE.; THENCE (14) S 46°32'42" W, A DISTANCE OF 375.50 FEET, ON AND ALONG THE SOUTH RIGHT OF WAY OF SAID TRUXTUN AVE., TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 27, AND THE TRUE POINT OF BEGINNING; AREA: 4.956 ACRES MORE OR LESS ~q(}FES PU4C I UN F 3.31,11, iw G WI 7 JUA-A ~ 'CJ U tj _ t7R1 ~I11~ AREA TABLE -"Q MEASURED OR CALCULATED BEARINGS 6 ORIGINAL PARCEL tGRU55) - 11.766 AC NO BRACKETS DIS'(ANCES PER CAI.TRANS AND / OR COB SURVEY INVESTIGATIONS NE COR OF i ORlG[NAL PARCEL (NET) - 11.091 AC ; SE1/4 SECTION 2T TAKE E (G) - 11.766 AC ( PER RECORD OF SURVEY BK 11 PG 4 1 T29S•. R27E• TAKE E (N) - 11.091 AC i REMAINDER (G) - 00.000 AC { } PER RECORD OF SURVEY SK 18 PG 135 I i REMAINDER (N) - 00.000 AC L LLJJ ACCESS PROHIBITED ! i 1 1 NUMBER D I REC1 ION DISTANCE I r D t L1 N 89°06'54" W 1104.81 '3w t. r'•-'• ! ~I L2 N 46032'42" E 375.50' L3 S 43°28'51 E 10.00' 1 L4 N 47°44'27 E_ 298.71 L.5 N 54°00'02"yE 295.76'•` L6 N 59°31'19 E 172.00' i 1-7 N 85°49'55 E 228.32' i Q L8 5 00°51'06 W 746.71 tdvFH I NIT _ E r, d fJl I cN • t U W i .1 , r O f' x It r: 11 Ln t0 lV ¢ W z2 t+` t. fu co 13 1 ~ ti ~J 1 0i kiAK, R'- I L3 lJ t;):. a SCALE: 1 „ 200' i : n°lCtri r, t S1 /4 CORNER P«. i t =.I i ; ?'i; . 1D r . .g AP ' C SECTION 27 'i e;" T295... R2:7E POB E S89°06'54"E 2665.860' IS89°07'15"E 2666.811'1 SE CORNER SECTION 27 QFLOfESS/0*. T29S.. R27E. ~o ql A portion of the SE1,4 of Sec. 27. T. 29S.. R. 27E.. M.D.B.M. he Fyn BASIS OF BEARING 1I ETTGERS v RONALD F. RUST TCER ix•+ NO. 15369 z THE BEARING OF 5 89'06'54" E AS THE SOUTH LINE OF - £j-SCI-,?T_L- A Exp. 3-31 -11 A THE SOUTHEAST QUARTER OF SECTION 27 :R 9p CIV1 MOHAWK ST. GRADE SEPERATION OF CALkF R i qht -of -Wcy Acquisition Map A onArN sr: Iv1OJ ern 6-09 t~cr394- orWn: WANAMA.KER JEFF ET AL k 9c2 IN:/12-14RW/Ptols $70/332-280-32.sht PMCEL: E 332-280- H t3 AREA E APN 332-280-32 A PORTION OF LOT 25 IN SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D_B.&M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SUBDIVISION OF SAID SECTION 27 RECORDED, DECEMBER 7, 1909, IN BOOK I, PAGE 130, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; ALL THAT PORTION OF THE SOUTHEAST QUARTER SECTION 27, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.U.B.&M., LYING SOUTHERLY OF THE SOUTHERN RIGHT OF WAY OF TRUXTUN AVENUE AS DESCRIBED IN BK.5231, PG.233 OF OFFICIAL RECORDS. AREA: 11.766 ACRES MORE, OR LESS p~OFESSj cc Nlm Ct s <pn s„ J r s J /j cf' ;T ,TU,ST COMPENSATION DEFINITION Just compensation for property acquired by Eminent Domain generally means the fair market value of the property to be acquired plus any severance damage or injury to the remainder property. Severance damage generally means the diminution of the fair market value of the (severance) and/or the construction of the project improvement in the manner proposed. FAIR MARKET VALUE. DEFINITION Fair market value defined by the Code of Civil Procedure, Part 3, Title 7 (Eminent Domain Law), Chapter 9 (Compensation), Article 4 (Measure of Compensation for Property Taken), Paragraph 1263.320 is as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. s ~ r U O