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HomeMy WebLinkAboutRES NO 038-12RESOLUTION NO. 038-12 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 178 and Morning Drive, and to promote the public welfare and safety, the City of Bakersfield intends to develop and construct an interchange at Morning Drive and State Route 178 (the "Project "); and WHEREAS, the public interest and necessity require that a portion of real property immediately adjacent to State Route 178, commonly described as APN: 434- 010 -04 in Bakersfield, California, and more particularly described in Exhibit "1," attached hereto and incorporated herein by reference (the "Property "), be acquired for the Project, and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the 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 heard and considered 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: 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: \COUNCIL \ Resos\ 1 1 -12 \ RON - Hawatmeh,Saleh.docx May 1, 2012 o�`�AKF9 � rn c3 0 -- Page 1 of 3 Pages -- ORIGINAL (c) The Property 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. 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $137,000.00, 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. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on_ MAY 2 3 2012 , by the following vote: AYES - ES: ABSTAIN ABSENT: APPROVED VI Z COUNCILMEMBER SALAS BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER /11Jr\.Q- COUNCILMEMBERnD('Q- COUNCILMEMBER nc(4- HARVEY L. HALL, Mayor D AS TO FORM: GENNA'Rb, City A ANDREW HEGLUNID Deputy City Attorney S:\COUNC1L\Resos\ 11 -12 \ RON - Hawatmeh,Saleh.docx May 1, 2012 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 3 Pages -- o`` � AKF9s 1 � �- m V p ORIGINAL. CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 0391- - passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on May 23, 2012. S: \COUNCIL\ Resos \ 11 -12 \ RON - Hawatmeh,Saleh.docx May 1, 2012 ROBERTA O.D -- Page 3 of 3 Pages -- o`` g A KF9� � T +_— m v O ORIGINAL State Route 178 Interchange at Morning Drive Hawatmeth 434 -010-04 East THE EASTERLY 260 FEET OF THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.B.&K UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON FEBRUARY 28,1955, AND LYING NORTHERLY OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED APRIL 12,197 1, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS. TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM SR 178 OVER AND ACROSS THE WEST AND NORTH LINES OF SAID PROPERTY AREA: 1.043 ACRES MORE OR LESS s EXHIBIT" o ORIGINAL. B A K E R S F I E L D Diet.- Co.-Rbe. 06-KE R- 178-BKO EA 06- OC94061. Parcel No. 434-010.04 Carrrarm File No. 96711 -1 March 9, 2012 Saleh Hawatmeh 24841 Bracken Lane Newhall, CA 91381 Morning Drive InterchanpMtste Route 178 Project APN 434 -010-04 (Full Acquisition) Offer of Just Compensation: $137,000 Dear Mr. Hawatmeh, The City of Bakersfield (City) is working with Caltrans to construct an interchange at State Route 178 and Morning Drive and widen the freeway. Your property is adjacent to the project and is affected due to the interchange and State Route 178 improvement project. The City and Caltrans is currently in design of the project and anticipate the completion of plans this year, upon which the project will go to bid and construction. As you are aware, the City contracted with the independent real estate appraisal firms Michael Burger and Associates, James Palmer Appraisals, with the review appraisal being done by Integra Realty Resources. These appraisals were recently completed in order to value your property that will be required to construct the Morning Drive Interchange and improve State Route 178. The City needs to purchase all of your property (approximately 45,433 SF), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $137,000 as total just compensation for the property to be acquired and improvements thereon. Attached for your information is: the Appraiser's Summary of the Basis for the Appraisal; Certificate of Appraiser, definitions of "Just Compensation" and "Fair Market Value ". The above offer represents the full amount believed by the City to be just compensation for your property as determined by Michael Burger S Associates, MAI (the higher value of the two appraisals completed on your property). The City's determination of just compensation for the real property to be acquired is based upon their inspection of the property, sales of comparable properties, and other factors that influence value as of their Date of Valuation on September 5, 2007, per our agreed upon date as to when to value your property. The City's offer is required by law to disregard any decrease or increase in the fair market value of the property that is caused by the City's interest in the property to improve the Morning Drive interchange. As required by California Code of Civil Procedure section 1263.02, the City of Bakersfield shall reimburse you the reasonable cost of an independent appraisal, up to $5,000 should you wish to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided City of Bakersfield • Property Management Division • 900 Truxtun Avenue, #200 aF�AKF9� Bakersfield - California • 93301 (661) 326 -3479 - Fax (661) 852 -2195 EXHIBIT" " t: o ORIGINAL Offer to Purchase Letter Page 2 3/9/2012 evidence that the appraisal has been completed prior to payment, along with billing or invoice from an appraisal company or individual. We took forward to working with you in the completion of the acquisition of your property. Please call me to discuss further any aspect of the project or property acquisition. Thank you again for your consideration in this project. Sincerely, Charies Webb Real Property Agent II Property Management Division (661) 326 -3479 phone (661) 852- 2195 fax Email: cwebbQbaker9fieidcity.u9 Enclosures: Appraisal Summary Statement Acquisition Map and Legal Description *Property Owner acknowledges receiving Offer to Purchase Letter and enclosures. Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) Offer to Purchase Ur - Hawatmeh 81 1�1 F- r v n ORIGINAL_ N 114 CORNER SECTION 24 1295.. H28L. -, "V lli!I111 N89`54'48 "W 2.659.78' f i I ; I i i I I I I S89`S4'48 "E 26IX?' (6) c,7 CEN1Eli SECTION i4 NE CORNER 0- SEOT UN 24 - T29S.. U2'1r"w 120. 7o I_C.GFND RcS1R:CTLD ACCLSS PROJECT RIGHT OF WAY FXI5TING ROADWAY EASEMENT SE.CIION OOUNDA;1Y - PARCEL EXISTING UTILITY EASEMENT MONLIMFNI A Por, t7-n of the NE gjarter n Sec. 'l4. fESS 29 S.. R. 28 F.. N. O. R. M. pRfl ;(1 Qk, 2���! F,\ HASI5 Qt %ARING '1 �, 11RONA.0 F. QUETTGER , I T:,IF RFARING OF 589' 54' 48'•E AS THE NORTH LINE OF THE NORTHFAST GUARTFR OF SFCTION 74 x0.3 Jt 13 OF , Al, �4 110E r -- �n r• N t[t ui v i I (N v �w cv 'x .n I .n i r _...DoE C: I i I I � I I I I I I i SCAI i 1 114 CORNER j SLCT:ON 24 779S.. H28F� -.. ..__. I IVILttiCTCTT_ -- VCRNING DRIVE $ SIA'L ROJIL If8 37ght oT - -Way ACQUiSTti0(1 MCP :44;6 , F. m r- c.� O ORIGINAL :n ------- - - - - -- AREA 'ABLE , c _ OR I G I NAI PARCEL ( GROSS ; 1 . CQ.i AC I n u> ORIGINAI PARCEL (NET) 0.886 AC V, - OR I G I NAI PARCF.I ( NF I } C. COC AC x i JR I G I NAI 1'ARCf -I t NF T) xxx 0. Op( AC �� TAKE (G) 1.043 AC ^I N 5 TAKF IN1* 0.886 AC I ct Z TAKF (N)** O.COC AC I r iv TAKE (N)x *x 0.000 AC ° REMAINDER (G'r G.000 AC F REMAINDER iN)x 0.000 AC _ RFMAINDIH (N X* 0.000 AC n RLMA I NUE -Ii 1 N) x *x 0. 000 A" n x LLSS +MAIMAY i ASEMEN -S Lj x* LLSS ROADWAY AND S; 01' F ASF V: N I S v� LLSS ROADWAY. SLOPE AND _ UTII ITY FAS =WNIS c,7 CEN1Eli SECTION i4 NE CORNER 0- SEOT UN 24 - T29S.. U2'1r"w 120. 7o I_C.GFND RcS1R:CTLD ACCLSS PROJECT RIGHT OF WAY FXI5TING ROADWAY EASEMENT SE.CIION OOUNDA;1Y - PARCEL EXISTING UTILITY EASEMENT MONLIMFNI A Por, t7-n of the NE gjarter n Sec. 'l4. fESS 29 S.. R. 28 F.. N. O. R. M. pRfl ;(1 Qk, 2���! F,\ HASI5 Qt %ARING '1 �, 11RONA.0 F. QUETTGER , I T:,IF RFARING OF 589' 54' 48'•E AS THE NORTH LINE OF THE NORTHFAST GUARTFR OF SFCTION 74 x0.3 Jt 13 OF , Al, �4 110E r -- �n r• N t[t ui v i I (N v �w cv 'x .n I .n i r _...DoE C: I i I I � I I I I I I i SCAI i 1 114 CORNER j SLCT:ON 24 779S.. H28F� -.. ..__. I IVILttiCTCTT_ -- VCRNING DRIVE $ SIA'L ROJIL If8 37ght oT - -Way ACQUiSTti0(1 MCP :44;6 , F. m r- c.� O ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION APPRAISAL. SUMMARY STATEMENT (Form #) CONFIDENTIAL EXHIBIT This document contains personal inform to and 8- F.X -15A RF.V 6/2010 pursuant to Civil Code 1798.21, it shall be kept ( ) confidcatial in order to protect against unauthorized disclosure. I Page I of 7 Dist. Co. I Rte. I P.M. I Parcel No. Federal Aid Project No. Date 434-010-04 11/2/11 Owner: Saleh Hawatmeh Date Acquired: Proposed Property Address: NWQ Morning Dr. & Hwy. 178 Property to be acquired= Part ❑ Locale Bakersfield, CA Total Property Area: 45,433 sq.ft. IWTIMI Including Access Rights Yes ❑ w 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 1263.320 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the 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 1263.20 as defined above. Interest valued: Fee Simple Date of inspection: October 7, 2011 Original ® Updated ❑ Date of valuation: September 5, 2007 Original ® Updated ❑ Applicable zoning: C -2: Regional Commercial Area to be acquired: 45,433 sq.ft. Highest and best use: Hold until there is demand for commercial or retail development. Current use Vacant o- AKF99 r--- m C.) r O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) R- EX -15A (REV 6/2010) (Form #) Pagc 2 of 7 Sub-pamel Item None Lump Sum Total = $ Area Total Area = 45,433 sq.ft. Size s � r CD o ORIGINAL EXHiBl'r APPRAISAL. SUMMARY STATEMENT (Cont.) 8- rx -15A (REv 6/20 10) (Form #) Page 3 of 7 Value of the Entire Property Value of the property being acquired including the following improvements: Land: $ Imps $ Value of the remainder as part of the whole before the State's acquisition $ Value of the remainder as a separate parcel (cured) Severance Damages (see page 4): Cost to Cure Damages: $ Incurable Damages: $ Total Damages: Benefits (see page 4): Net Damages: The amount of any other compensation: JUST COMPENSATION FOR ACQUISITION Rounded To Construction Contract Work $ 137,472 137,472 N/A $ N/A N/A N/A N/A $ N/A $ N/A $ N/A $ N/A $ 137,472 $ 137,000 S N/A EXH 1 H 1'1' APPRAISAL SUMMARY STATEMENT (Cont.) x- Ex -ISA (1Fv 6/2010) (Form #) Pagc 4 of 7 Lois] zt3l. mss Item Lump Sum Total SEVERANCE DAMAGES NIA (Narrative Explanation & calculations, if applicable) Lump Sum Total . MZl_.. (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) Size $ �gAKF9 o sT v o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2007) (Form #) Page 5 of 7 N/A 2. 3. 4. 5. 6. 7. S. 9. 10. o``�AKF9s T ~' r V O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-1 5A (REV 6/2010) (Form #) Psgc 6 of 7 J1 __..1 JIB- 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 137,000 See attached sheet for principal transactions. 2. The cost approach is based in part on a replacement cost now of improvements less depreciation. Cost information was obtained from cost service publications and/or knowledgeable vendors. Total Replacement Cost New $ N/A Depreciation 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 N/A % Net Operating Income $ Indicated value by Income Approach $ 4. Other Indicated value $ 1�h- r4l - 1 I i 1 1 "!. Zf;-fiv 1 Site sales range from $3.08 to $11.48 /sq.ft. Comparison of the most recent to prior transactions would indicate no adjustment is required for time. All sales occurred for cash or on cash equivalent terms. All but Sale 3 include curbs and gutters. All sales are level and at grade, requiring an overall downward adjustment. Therefore, in consideration of the shape, location of the utility pole, and elevation above the street, which will necessitate significant grading, market value as of September 5, 2007 is estimated at $3.50 /sq.ft. A 6,839 sq.ft. portion of the parcel is located within an existing roadway easement. Due to this factor, it is assigned 10% utility. oIbAKF9 s v o ORIGINAL ® DeLorme. Delorme street Atlas USA® 2010. * rw�u rte u "_EL - 4 g AKF9 www.dolorme.com 1"= 1.18 mi Data Zoom 114 T I` m v G ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 7 of 7 SUMMARY OF RECORDED DATA Date Instrument Cash Equiv. Size Price/ Sale Recorded Book/PaQe_ Grantor Grantee Location 1 4/14/05 05- 097161 David Falk et al Pioneer Drive Plaza, LLC SWC Pioneer & Morning 2 7/14/06 06-170422 David Christensen et al Madison Develop. Inc. Bernard St., W of Oswell 3 12/22/06 06-314523 Hisato Kinoshita Sanjay & Bhavana Patel NEC Panama Ln. & Akers 4 04/12/07 07-079934 Chip Ith I G Properties, Inc. 8011 Niles St. 5 07/06107 07-141276 Ken & Connie Leung Terra 0 ruup, Inc. 3000 Niles St. These transactions have been Verified with buyer, seller or agent. Prices and physical characteristics arc further detailed as follows: SUMMARY OF SITE SALES Deed Cash Equiv. Size Price/ Sale Date Assessor's Parcel Number Sales Price _(Sq_Ft•) _ Sq•Ft• _ Zoning 1 4/19/05 145-040.60 & 12 $243,000 78,844 $3.08 C-2 2 .3/15/06 130- 162-11 & 17 $320,000 30,780 $10.40 C-0 3 12111/06 371-020-35 $350,000 43,560 $8.03 C-1 4 02/O8/07 133.030-01, 03, 04, 05, 32 $1,200,000 104,544 $11.48 C -2 PD 5 04/16107 136-040-11,12,13 $425,000 49,382 $8.61 C-1 P, KF9� � m r- (D O 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 1 of 2 (Form M The California Department of Transportation is proposing to improve the Hwy. 178 and Morning Dr. interchanee. Your property located at the northwest quadrant of Hwy. 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 434 -010 -04. 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 is /arc owned by you or, if applicable, occupied by you as a tenant and which is/arc 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 vacant parcel containing 45,433 sq.ft. and is described in the attached deed and outlined in color on the attached map. 4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Valuation Summary Statement and such amount: a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation 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 S5,000 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; s m 0 D ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 212007) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2 (Form #) b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (ORF.A). Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation, Division of Right of Way, Attention: , 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 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 ate 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. KF91f -n +- Fn- ORIGINAL CITY OF BAKERSFIELD CERTIFICATE OF APPRAISER Hereby Certify: That I have personally inspected the property herein appraised and that the property owner has been afforded an opportunity to be present at the time of the inspection. A personal field inspection of the comparable sales relied upon in making said appraisal has also been made. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal. That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to limiting conditions therein set forth. That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the City of Bakersfield with the assistance of State and Federal funds. That such appraisal has been made in conformity with the appropriate State and Federal laws, including laws regarding the use of eminent domain, Title VI of the 1964 Civil Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State. That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the City of Bakersfield and I will not do so until so authorized by City officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. That my opinion of the total fair market value included in this report and made a part hereof by reference, as of the 7th day of October 2011, is $137,000 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: Michael C. Buroer O�� A K�9`S -c� >- m F-- r v o ORIGINAL State Route 178 Interchange at Morning Drive Hawat neth 434 -010 -04 East THE EASTERLY 260 FEET OF THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.B. &M, UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON FEBRUARY 28, 1955, AND LYING NORTHERLY OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED APRIL 12, 1971, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS. TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM SR 178 OVER AND ACROSS THE WEST AND NORTH LINES OF SAID PROPERTY AREA: 1.043 ACRES MORE OR LESS Page 1 of I o� 0 A K, 9q T r O ORIGINAL.