HomeMy WebLinkAboutRES NO 129-11RESOLUTION NO. 1 2 9 41 1
CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN
REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure §1245.230)
WHEREAS, Article I, Section 19 of the California Constitution and Code of
Civil Procedure Section 1240.010 authorize acquisition of property rights for
public use by eminent domain procedures; and
WHEREAS, in order to improve traffic capacity and circulation in the area
in and around State Route 99 and Hosking Road, and to promote the public
welfare and safety, the City of Bakersfield intends to develop and construct an
interchange at Hosking Road and State Route 99 (the "Project"); and
WHEREAS, the public interest and necessity require that a portion of real
property immediately adjacent to State Route 99, commonly described as 8601
S. H. Street, Bakersfield, California (APN: 514-030-11-00-7), and more particularly
described as Exhibit "I " attached hereto and incorporated herein by reference
(the "Property") be acquired for the project; and
WHEREAS, the City of Bakersfield has provided to all record owners of the
real property with notice and opportunity to appear and be heard on the
matters referred to in California Civil Procedure section 1240.030 in compliance
with California Code of Civil Procedure section 1245.235, and, on the date and
at the time and place fixed for hearing, this City Council did hear and consider
all of the evidence presented.
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 City of Bakersfield hereby finds, determines, and declares the
following:
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury;
S:\Lltigatlon\HoskingsRdlnterchonge\RON - Hosking,doc
Page 1 of 2 Pages
(c) The property sought to be acquired is necessary for the Project;
and
(d) The offer required by Government Code Section 7267.2, a
copy of which is attached hereto as Exhibit '2", and
incorporated herein by reference, has been made to the
property owner or owners of record.
2. The city attorney is hereby authorized and directed to commence
and maintain a proceeding in and for the City of Bakersfield to
acquire for the City of Bakersfield the fee simple interest in the
Property.
3. The city attorney is hereby authorized and directed to make
application to the Court for an Order for Possession Before
Judgment in these proceedings; and
4. The Finance Director is hereby authorized and directed to draw its
warrant in the amount of $10,000.00, the warrant to be made
payable to the State Treasury Condemnation Fund and delivered to
the city attorney to be deposited with the payee as a security for
the Order for Possession Before Judgment authorized; and
WHEREFORE, the following Resolution was passed and adopted this 14th
day of December, 2011, at Bakersfield, California, by a two-thirds vote of the
City Council of the City of Bake %ield:., / ✓ ✓ ✓
COUNCILMEMEBER: SPAL.AS, BENHAM, WER COUCH, HA"ISON, SULL.IVAN, JOHNSON
YES: COUNCILMEMEBER:
NOES: COUNCILMEMEBER:
ABSTAIN: COUNCILMEMEBER:
ABSENT:
HARVEY L. HALL, MAYOR
ATTEST: DEC 14 2011
~9~ 2~~
Roberta Gafford, City rk
AS TO FORM:
ANDREW HEGLUND, Ass*jate City Attorney
S;\Litigation\HoskingsRdinterchange\RON - Hosking,doc
Page 2 of 2 Pages
State Route 99 Interchange at
Hosking Road
514-030-11
THAT PORTION OF LOT 15 AS SHOWN ON KERN COUNTY SALES MAP NO. 1
OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE KERN
COUNTY RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, OF
TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 15;
THENCE N 89009'24" W, A DISTANCE OF 1,170.23 FEET ON AND ALONG THE
SOUTH LINE OF SAID LOT 15, TO A POINT ON THE EAST RIGHT OF
WAY LINE OF STATE ROUTE 99, AS CONVEYED TO THE STATE OF
CALIFORNIA IN DEED RECORDED MARCH 16, 1960 IN BOOK 3249,
PAGE 76 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING;
THENCE N 11 °31'03" W, A DISTANCE OF 3.77 FEET ON AND ALONG SAID EAST
RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING;
THENCE (1) N 1103 1'03" W, ON AND ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 672.77 FEET TO A POINT ON THE NORTH LINE OF SAID
LOT 15;
THENCE (2) S 89009'24" E, ON AND ALONG SAID NORTH LINE, A DISTANCE OF
62.95 FEET;
THENCE (3) S 06°11'20" E, A DISTANCE OF 662.16 FEET, TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT
OF STATE ROUTE 99 OVER AND ACROSS COURSE 3.
AREA: 0.475 ACRES MORE OR LESS
MOM
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9311 *
December 6, 2010
Guru Nanak Mission Sikh Center
8601 South H Street
Bakersfield, CA 93307
Re: PUBLIC WORKS - Future Hosking199 Interchange - Offer to Purchase Real
Property- Guru Nanak Mission Sikh Center- APN 514 - 030 -11
Dear Gentlemen:
The Bakersfield City Council has authorized negotiations to purchase a portion of
your property, located at 8601 South H Streets for the future Hosking/99
interchange. Pursuant to Section 7267.2 of the California Government Code,
the City of Bakersfield offers Ten Thousand Dollars ($10,000) as total just
compensation for the acquisition of the portion of your property needed for the
project.
Attached for your information is: the Certificate of Appraiser (Exhibit A);
Appraiser's Summary of the Basis for the Appraisal (Exhibit B); definitions of "Just
Compensation" and "Farr Market Value" (Exhibit "C); and a legal description and
plat 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 MB Appraisal, Inc. an independent real estate appraisal firm.
The City's determination of just compensation for the real property to be
acquired is based upon an inspection of the property, sales of comparable
properties, and other factors that influence value. The offer disregards any
decrease or increase in the fair market value of the property prior to the
appraisal of this property caused by the City's interest in the property. Also, the
above offer does not include relocation assistance to which you . may be
entitled.
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:
City of Bakersfield - Property Management Division - 1600 Truxtun Avenue
Bakersfield - California - 93301
(661) 326-3061 - Fax (661) 852-2042 EXHIBIT" 21"
property0bakersfielcicityu s
Guru Nanak Mission Sikh Center
December 6, 2010
Page 2 of 2
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 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.
Please contact me at your earliest convenience to discuss the City's offer. I may
be reached by telephone at (661) 326-3061 or by email at
danderso@bakersfieldcitv.us
Si cer ,
Wald M. Anderson
eai Property Manager
DMA/s
Enclosures: Summary of Just Compensation
Certificate of Appraiser
Just Compensation/ Fair Market Value Definitions
Plat & Legal Description of property to be acquired
cc: Nick Fidler, Civil Engineer
City of Bakersfield - Property Management Division - 1600 Truxtun Avenue
Bakersfield - California • 93301
(661) 326-3061 -Fax(661)852-2042
property(ftakersfieldcityus
CITY OF BMMRSF= CONMEN IAL EXHIBIT B
nt Pe'
eoant 8-EX-I5A (REV 4/2002
APPRAISAL SUMMARY STATEMENT intarmThu nion aand °"m
potent to to civil )
(Fo m Code 1798.21, it shit be lxpt confidential Page I of 9
in order to protoct c=airn wiwtitorind
Owner. Guru Nanak Mission Sikh Center
Property Address: 6601 South H Street
Locale: Bakerdeld, California
Total Property Area: 16.31 acres
Date Acquired: May 30, 2003
Property to be acquired: OAS acres (20,917 sq.ft.) along the
wee property line
Part ® All ❑
Including Access Rights
Yea ® No ❑
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 CMI Procedure Section 1263.320 defines Fair Market Value as follows:
a) The fair market value of the property taken Is the highest price on the date of valuation that would be agreed to be a
seller, being wiling 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 two Is no relevant, comparable market is its value on the date of
valuation as determined by any method of valuation that is just and equitable.
Recent sales of comparable properties and Income data are utilized as appropriate. Full consideration Is given to zoning,
development potential and the Income the property Is capable of producing.
EXIIIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-ISA (REV 4/2002)
(Fam Page 2 of 9
Value of the Entire Property $ 326,000
Value of the property being acquired
Including the following improvements: Land: $ 10,000 (Rounded)
Imps: $
$ _ 10,000 (Rounded)
Value of the remainder as part of the
whole before the Qty's acquisition $ 317,000 (Rounded)
Value of the remainder as a separate parcel (cured)
Severance Damages:
Coat to Cure Damages:
$ 317,000 (Rounded)
$ 0
$ 0
Total Damages:
Benefits:
$ 0
$
0
The amount of any other compensation:
JUST COMPENSATION FOR ACQUISITION
$ 0
$ 10,000
Rounded To $ 10,000
Construction Contract Work
NIA
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002)
(Form s) Page 3 of 9
OMIC PROPERTY DATA
Interest valued: Fee Simple
Date of valuation: November 3, 2010
Applicable zoning: R-1
Area to be acquired: 0.48 acres (20,917 sq.ft.)
Highest and beat use: Single Family Residential development consistent with zoning upon demand.
Current use: Vacant land zoned for residential development.
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002)
(Forme) Page 4 of 9
THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY
THE FOLLOWING INFORMATION 18 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 $ 10,000
See attached sheet for principal transadlons.
2. The cost approach is based in part on a replacement cost new of
Improvements less depredation. Cost information was obtained from
cost service publications and/or knowledgeable vendors.
Total Replacement Coat New $
Depredation from all causes $
Value of Improvements In Place $
Land (estimated by direct sales comparison)
Indicated value by Cost Approach
3. The income approach is based on an analysis of income and
expenses to the property.
Overall Capitalization Rate
Net Operating Income
Indicated value by Income Approach
96
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 4/2002)
(F-#) Page 5 of 9
SUMMARY OF RECORDED DATA
Date
Instrument
Sale
Recorded
Rook/Paw
Grantor
Granfae
Location
A
12131/07
07-253770
Casa Azul Land
KRP Panama, LLC
Panama Ln., west of Stine Rd. (SW)
8
04/10/08
08-055518
Bakersfield Innovations
Mesa Merin, LLC
Kem Canyon Rd. (NE)
C
08/28/08
08-101506
Ennis Homes, Inc.
VIC-NIC VI, LLC
SEC BerkshiralStine (SW)
NEC Panama/Old River (SW)
D
06/18/08
W-097087
KB Home Sacramento. Inc.
85 Harvest Moon, LLC
SWO Hwy. 178/Alfred Harrell (NE)
E
07/0701
08-106358
Bakersfield Panorama, LP
BHT - Bakeretieid MH, LLC
NWC McCutctren/Progress (SW)
F
04/13/09
09-051818
DOA Properties V, LLC
Stine Road Properties, LLC
SWC Berke IraMne (SW)
G
08/10/09
09483908
Cornedca Bank
Hai 8 Won Chen
Panorama Dr., west of Morning Dr. (NE)
H
01/20/10
10-007558
Westemedca Bank
Haroon 8 Sophia Hanaseb
Hwy. 178, east of Miramonts Dr. (NE)
I
04/30/10
10-056309
Wachovis Bank
Vander Weerd Investments
SWC Paladin Dr. Momi Dr. NE
SUMMARY OF PHYSICAL CHARACTERISTICS
Cash Equiv.
Size
PdW
PH"
Lots/
Sale
Deed Dab
Assessor's Parcel Number
Sales PrWe
Acre
Acre
Lob
Lot
Aare
Zonin
A
1228107
538-010-05
$2,000,000
56.84
,186
230
$8,898
4.05
R-1
B
04103108
533-012-36
$900,000
40.24
$22,366
172
$5,233
4.27
R-1
C
08/11/08
515-040.01, 497-010-05
$1,457,500
57.84
$25,199
236
$6,176
4.08
R-1
D
08/13!08
367-180-33
$765,000
19.91
$38,423
85
$9,000
4.27
R-1
E
07/01/08
540-010-20,21,22.24
$548,000
30.00
$18,267
137
$4,000
4.57
R-1
F
0410701
538-020-05
$1,100,000
72.41
$15,191
308
$3,571
4.25
R-1
G
06104/09
437-010-36,59,63,65,68,71
$650,000
46.38
$14,015
192
$3,385
4.14
R-1
H
01/11/10
386-050409, 367-020-18
$1,100,000
92.90
$11,841
364
$3,022
3.92
R-1
I
0427/10
437-010-43
1,100 000
78.87
$13,9471
281
$3.915
3.56
R-1
Avere
55.041
-
1- $19,4201
223
798
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-I SA (REV 4/2002)
(Form Page 6 of 9
Sub-qunutl
Area
N/A
Total Area = N/A
Item
N/A
Sits
Lump Sum Total = $ NIA
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-ISA (REV 4/2002)
(Foam Page 7 of 9
COST TO CURE DAMAGE ITEMS
Item
Size
WA
Lump Sum Total = $ WA
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-I5A (REV 4!2002)
(Form N) Page 8 of 9
NIA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Exhibit "C"
JUST COMPENSATION DEFINITION
Just compensation for property acquired by Eminent Domain generally means the fair
market value of the property to be acquired plus any severance damage or injury to the
remainder property. Severance 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.
EXHIBIT 'D'
State Route 99 Interchange at
Hosking Road
514-030-11
THAT PORTION OF LOT 15 AS SHOWN ON KERN COUNTY SALES MAP NO. 1
OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE KERN
COUNTY RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, OF
TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 15;
THENCE N 89009'24" W, A DISTANCE OF 1,170.23 FEET ON AND ALONG THE
SOUTH LINE OF SAID LOT 15, TO A POINT ON THE EAST RIGHT OF
WAY LINE OF STATE ROUTE 99, AS CONVEYED TO THE STATE OF
CALIFORNIA IN DEED RECORDED MARCH 16, 1960 IN BOOK 3249,
PAGE 76 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING;
THENCE N 11031'03" W, A DISTANCE OF 3.77 FEET ON AND ALONG SAID EAST
RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING;
THENCE (1) N 11°31'03" W, ON AND ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 672.77 FEET TO A POINT ON THE NORTH LINE OF SAID
LOT 15;
THENCE (2) S 89°09'24" E, ON AND ALONG SAID NORTH LINE, A DISTANCE OF
62.95 FEET;
THENCE (3) S 06011'20" E, A DISTANCE OF 662.16 FEET, TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM THE ALIGNMENT
OF STATE ROUTE 99 OVER AND ACROSS COURSE 3.
AREA: 0.475 ACRES MORE OR LESS
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